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Aussies Face Jail Over MP3s

An anonymous reader writes "Two Australian students have been charged over music piracy offences, according to this story on Australian IT. It's short on details, but presumably they weren't running a P2P network. The maximum penalties for breaching copyright under Australian law is 5 years jail."

323 comments

  1. no fun by s0rbix · · Score: 1

    Let's hope they don't try for the maximum penalty. 5 years for mp3s? i cant even imagine what that would be like... but maybe that's what they want.

    1. Re:no fun by smclean · · Score: 5, Interesting

      It's funny how officials think they should give a few people the maximum sentence to 'act as a deterrent'. That's like saying we should kill 10 jaywalkers a year randomly, and when we do we'll paste their pictures all over the TV, with remorseful family shots, etc. Jaywalking? This is what it gets you!

      --

      "'Yrch!' said Legolas, falling into his own tongue."

    2. Re:no fun by JohnFluxx · · Score: 1

      exactly. And it would work as well, although perhaps with a few more than 10 killings, say 1% of those who did it. If you knew that there was a small chance that the police would kill you for it, would you stop doing it?
      Damn right you would.

    3. Re:no fun by SiggyRadiation · · Score: 1, Funny

      5 years? That must be wrong. It's called MP3: M_aximum P_enalty 3 years!!

      --
      This unique sig is intended to make this user more recognisable.
    4. Re:no fun by Organic_Info · · Score: 3, Interesting

      "If you knew that there was a small chance that the police would kill you for it, would you stop doing it?"

      Not really, how many people belive it will not happen to them? Look at smoking, the packects say on them "these things will kill you and give you cancer" but people still keep on doing it.

      Up the percentage killed and over a (shorter) period of time people that are inclined to jaywalk will be removed from the gene pool thus a form of darwinian(sp?) natural selection will prevail reducing the number of jaywalker/stupin people.

      This would scale well to other situations...

      --
      "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
    5. Re:no fun by Organic_Info · · Score: 1

      Of course my poor spelling may put me in the "stupin people" group :p

      --
      "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
    6. Re:no fun by Anonymous Coward · · Score: 0

      That's exactly what these people should be locked up for. They ran a website with thousands of MP3s to download - full albums! This wasn't just sharing a few files here and there - it was organized piracy, and should be punished as such. I don't see what makes them any different from other organized piracy syndicates that distribute knock-off CDs and videos.

    7. Re:no fun by DZign · · Score: 3, Insightful

      If you knew that there was a small chance that the police would kill you for it, would you stop doing it?


      This thinking is wrong.. yes if there is only a small chance then people would still do it,
      thinking it'd be someone else who'll get caught.

      What you get when you put too harsh punishments is that people who break the law, will act more violent and try not to get caught. If the punishment for something feels too high compared to more severe act for which you get punished less, people may commit the other crimes too.

      I.e. if a burgler gets caught and he knows he'll get life imprisonment for this, he will do everything to escape, including killing who's trying to bust him. If he gets away by killing someone, good for him (and bad for our society as we now created a murderer), if he kills but gets caught, he still gets life imprisonment, so he didn't loose anything by killing someone..

      5 years for some mp3's ? You might as well defend your pc with your shotgun and make sure no
      police gets near it.. or better, be a drunk driver and run over the kids of those who voted this law, and you probably get less than 5 years..

      I agree with financial punishments - you stole the mp3s, now you pay (double, triple, ..) for all of them. But putting people in prison for years is imo wrong, certainly compared to the severe things one could do and be punished less.

      I thought the times that people were put to jail for stealing bread were over..

    8. Re:no fun by aarondyck · · Score: 2

      I'm inclined to object to you on this point. While jaywalking is indeed illegal, it is not illegal to smoke. Many smokers started smoking far before they realized the negative effects (be it the social realization or personal realization). To further this point, nicoteine is ADDICTIVE and jaywalking is not. Should it be necessary, I could stop all jaywalking activities. I could stop all file swapping activities. Smoking, however, is physically addictive and is not quite so easy to stop. Sure it can be done, but it is not an easy process, painful for most. I could stop all music piracy in a second, if I thought there was a serious chance of going to jail for it, but realistically there is almost zero chance of that happening for me. I live in Canada where US copyright laws do not apply and Canadian copyright laws are only enforced on a corporate level. When was the last time you heard of an individual being thrown in jail or fined for copyright violation?

    9. Re:no fun by Organic_Info · · Score: 1

      Ok I understand where your comming from with this and smoking may not have been the most appropriate way of saying the even when there is a penalty (be it severe or not) there will always be those that belive they will get away with it. How do I back this up well:

      look at countries that lop limbs off for stealing despite the severe penalty you still get theft (even if you include pressuring factors such as poverty).

      Drink driving - no (possibly mild) addiction yet plenty of people do it despite the possibility of getting caught.

      blah blah .... the list go's on. All have factors that effect the particular situation. My point if there's a chance of getting away with it people will take that chance wether it be file sharing, copying sw, stealing murder or killing your self with drugs/booze/fags. Its human nature to think "it won't happen to me".

      --
      "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
    10. Re:no fun by Anonymous Coward · · Score: 0

      Hmm... two very good arguments.

      I don't think most people will care about the prosecutions. The music industries best friend is also their worst enemy: herd mentality. ;)

    11. Re:no fun by nelsonal · · Score: 1

      I have heard that penalties for drunk driving are quite strict in Europe, and while drinking is probably more prevalent, drunk driving is very rare. Can anyone with more experience in Europe confirm either point? I know licensing is more difficult in most of Europe. Of course, it could also be a more mature cultural attitude related to drinking in general, but I think the penalties would have some deterant effect.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    12. Re:no fun by Anonymous Coward · · Score: 0

      But imagine the lesson they'll learn.

      I bet after the jail term, they'll buy lots of CDs and be loyal consumers of music crap.

      (at least that's what the recording industry is thinking).

    13. Re:no fun by Anonymous Coward · · Score: 0

      The bottom line is many artist like Metalica and Madonna have come out against P2P networks and if you are downloading thier music or the music of any other artist that has come out against this sharing, you are stealing! If there is a penelty for the crime you should serve the time. There is plenty of FREE music on the web by great bands. Download the content that is FREE.

    14. Re:no fun by Organic_Info · · Score: 1

      If caught drink driving in the UK you recive an instant ban, 12 points on your driving lic and a fine. The length of the ban and fine is dependant on circumstances (in rare conditons, e.g. dependant for disabled family, the ban can be quashed in favour of a more hefty fine).

      The UK drink driving rate has been decreasing due to a maturing cultural attitude as you mentioned and the economics of being banned. When I say the economics you get dicked by the insurance companies if you get a large number of points or a ban.

      Point to note if you accrue(sp?) 12/13 points you automaticly get a 12 month (can vary depending on circumstances) ban. Points take 3 years to be removed.

      The rest of Europe not sure but drink driving is becoming very socialy unacceptable in the UK. Over the Christmas period when drink driving is at its worst the Police were offering £1000 rewards if you reported (and then convicted) a drink driver.

      --
      "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
    15. Re:no fun by Unkle+Ka5 · · Score: 1

      A well put comment although maybe we should look at driving without a seatbelt. I'n the UK it is illegal to drive or ride in a car without a seatbelt. This is not simply for the car occupants safety but also for the pedestrain they didn't see and had to break for (airbags don't function in an emergency stop {sad but true}) This is one of the few things that appears to have escaped the UK driver, 20% of which don't use the seat belt. So sometimes the law ( and its penalties) are not a deterant. Angry Cyclist

    16. Re:no fun by maxpublic · · Score: 1

      No, it'd increase the number of cowardly, ass-kissing, boot-licking sheep in that society, while completely destroying any ability for independent thought. A society that'd pass these sorts of laws deserves exactly that: a populace of mouth-breathers and sycophants.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    17. Re:no fun by mfrank · · Score: 1

      I vaguely remember something in the constitution about "cruel and unusual" punishment. Do you think that executing someone for jaywalking or sharing MP3s fall into this category?

      I've got a better idea. Execute people for price fixing. And for committing fraud against musicians. That'll clear up all the problems real fast.

    18. Re:no fun by MortisUmbra · · Score: 1

      Yeah it would work real well, I mean, in my state if you commist 1st degree murder they can execute you.

      And our murder rate....wait, damn, it's gone up over the past 20 years....

      Then let's get into the ethics of the matter. Is it really right to single one individual out of x number of people and shitmahher them for something, especially when it's something like MP3's....come on, you are going to tell me that under these circumstances these two should lose 5 years of their life and be put in the same group as pdeophiles, murderers, rapists, and other violent criminals?

      Theft is illegal, and should be punished, but to me, if I don't see PROOF, damn good proof too, that they REALLY lost money DIRECTLY by his actions, I am NOT sold on sending them to prison for 5 years of their adult life.

      --

      "The saddest words of mice and men, are not those which were, but should have been."
    19. Re:no fun by cayenne8 · · Score: 1

      "NEVER Drink and Drive.....you might spill your drink...." :-)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    20. Re:no fun by DrFrob · · Score: 1
      Not really, how many people belive it will not happen to them? Look at smoking, the packects say on them "these things will kill you and give you cancer" but people still keep on doing it.

      In the US, they say that cigarettes may cause health problems. Speaking of which .....

    21. Re:no fun by sjgman9 · · Score: 1

      What did they do? Simply download songs? Download and SHARE songs? Download and resell songs?

      Donwloading songs is not a bad thing. They're low quality, and the original is not transferred from the person who made the file.

      Downloading and sharing is frowned upon by the record studios, their bounty hunter companies, and lawyers.

      Downloading and reselling is stupid and will get you in jail real fast.

      If the record companies dont want any mp3 files copied, they ought to shut down the internet. They cant win or deter enough people.

    22. Re:no fun by Blue+Stone · · Score: 1
      "While jaywalking is indeed illegal, it is not illegal to smoke."

      Bhutan, I was hearing on the BBC World Service last night, has made smoking illegal.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    23. Re:no fun by Discoflamingo13 · · Score: 1

      The penalty for drunk driving in Ecuador is .35 justice on the side of the road - there has not been a conviction after the first few months of its enforcement, TMK.

    24. Re:no fun by aarondyck · · Score: 1

      Once again, I would like to point out the error in your arguments. In countries where people DO get their hands lopped off for theft there are remarkably few people who get punished -- but these people are the poor. In fact, I'm sure that there have been cases of embezzlement that have not been punished; one would like to think that larger theft would be of more concern, but often it is the people in power maintaining their power through fear. As far as drinking and driving is concerned, most people usually justify it in their minds, saying 'I'm in full control of myself, I've only had a few beers,' or something along those lines. While I don't drink and drive myself, I have friends who do, and they know that they shouldn't, but in a drunken state are unable to remember why, or even to decide that it is a bad idea.

      I would also like to point out that it is untrue that people do things thinking that they will get away with it. I know of people that have been caught, arrested, and served jail time for crimes, only to go out and commit those exact same crimes once again. If you ask me, it would seem that there is an error somewhere either in their logic or in yours.

  2. Now I know this is hard to hear by NicotineAtNight · · Score: 3, Insightful

    But people have to produce the songs that you're listening to for free.

    Now I know that you might think that the companies involved are scummy or evil, but remember - if we didn't have the legal frameworks in place that we do, then the evil companies would do a lot more than overcharge you.

    You'd be their slaves.

    1. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 1, Insightful

      The riaa's handling of this issue is compounding the problem. Until the lawsuits against napster this wasnt even close to maintstream, napster would be a fledgling startup and this problem would have never got to this level.

      I personally will NOT buy ANY cd's anymore and heres why. 1) i can get it free (yes its theft) 2) I LOATHE the riaa and dont feel remorseful stealing from them because they steal rediculous amounts of money from artists and fuck over civil rights, corrupt poloticians and just generally act seedy for profit.

      That being said. I do own cd's from labels that are not part of the riaa.. (Swolen members for one)

      Finally mp3'in isnt the massive problem the recording industry wants to pretend it is... Their market share is ever increasing... Every year they sell more cd's etc. This isnt a problem. However it is scape goat for their underperformance and inability to produce GOOD music.

      Everything today is so manufactured, manipulated and generally screwed up (american idol) that its not even real anymore (britney spears)... DSP, Marketing, Lies, Lawsuits... Do i want to give these guys my business...

      Answer: HELL NO!

    2. Re:Now I know this is hard to hear by Concerned+Onlooker · · Score: 1

      Possibly. But just possibly it's really that the big companies make campaign contributions to politicians that make the laws that favor the big companies.

      --
      http://www.rootstrikers.org/
    3. Re:Now I know this is hard to hear by phrogeeb · · Score: 3, Interesting
      But people have to produce the songs that you're listening to for free.

      I find it amusing that people assume that there would be no more new music if people weren't getting millions of dollars for making it. I'm not sure if this is what you're assuming, but I'll use this time to rant anyways.

      Music was around a long time before record labels. Moreover, when music is driven by the dollars that it brings in, it tends to suck. I would have absolutely no problem with the record industry coming crashing to earth and half of the crappy musicians in the industry having to get real jobs because they can no longer live off the royalties.

      Music, without the record industry, would be incredible. It would be written by people who actually have some interest invested in making music.

      Down with the RIAA! Stop buying CDs, pirate it off the 'net!

      --

      ------

      "Will the highways on the Internet become more few?" --George W. Bush, in Jan. 2000

    4. Re:Now I know this is hard to hear by zurab · · Score: 1

      Now I know that you might think that the companies involved are scummy or evil, but remember - if we didn't have the legal frameworks in place that we do, then the evil companies would do a lot more than overcharge you.

      You'd be their slaves.


      I am wondering when they are going to arrest and jail the illegal, anti-competitive, price-fixing, anti-privacy, anti-any-rights, monopolistic, control-freak, entertainment industry cartel member corporations and give all of them 5 years jailtime; so that they can't do any business in 5 years - none. I'm still waiting for this one.

      Ohh... you mean they can't do that to corporations? But... but... corporations aren't even eligible for voting in most countries, howcome they are the ones with the most influence over the laws being passed? More and more of such laws take away from people and give slam dunk short-term prospects, money, and control to corporations, their executives, lawyers, and other millionaires and billionaires. Did I mention at the expense of people's rights and freedoms?

      What happened with DMCA and its equivalents? What happened with copyrights in the U.S.? What is happening with software and other patents? What happened with USA PATRIOT Act? What happened with Microsoft's "punishment"?

      Face the reality = you ARE their slave!!! ... Or maybe I am imagining stuff... I certainly hope so!

    5. Re:Now I know this is hard to hear by lilburne · · Score: 1
      when music is driven by the dollars that it brings in, it tends to suck

      Stop buying CDs, pirate it off the 'net!

      Inconsistent fool.

    6. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 0

      No it's not hard to hear because it isn't true. The legal framework was put in place so they could secure their iron grip on the industry. If the legal framework wasn't in place they'd be forced to compete with people unwilling to pay extortion-grade prices for music CD's. Perhaps you should read into what the ARTISTS actually get in royalties and then compare it to the label's revenue from an artists band. I think you'll find the difference rather nauseating. The legal framework exists SOLEY to ensure the moneygrubbing label executives can continue to rape people on prices. Filesharing, even on a payment/membership basis, represents the only viable competition in a market they don't want anyone else to have any measure of control over.

    7. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 0

      "when they are going to arrest and jail the illegal"
      Who is 'they'...the govt?...the ones that made the companies actions illegal?(see: shakedown)

      "anti-competitive, price-fixing, anti-privacy, anti-any-rights, monopolistic, control-freak"
      Guess what? No one forced you to do business with them...vote with your $$/feet

      "give all of them 5 years jailtime; so that they can't do any business in 5 years - none. I'm still waiting for this one."
      (see: shakedown)

      "But... but... corporations aren't even eligible for voting in most countries"
      Name one place where corps CAN vote in elections...

      "howcome they are the ones with the most influence over the laws being passed? "
      (see: corrupt govt)

      "More and more of such laws take away from people...at the expense of people's rights and freedoms?"
      corp don't make laws (see: corrupt govt)

      "Face the reality = you ARE their slave!!!"
      Maybe some are, but I think you have the slave masters confused (see: corrupt skoolz)

    8. Re:Now I know this is hard to hear by velo_mike · · Score: 2, Insightful

      Music was around a long time before record labels. Moreover, when music is driven by the dollars that it brings in, it tends to suck. I would have absolutely no problem with the record industry coming crashing to earth and half of the crappy musicians in the industry having to get real jobs because they can no longer live off the royalties.

      Music has historically been tied to money and sponsorship. Today it's the record labels, yesterday they were court musicians, royal composers, or were tied to the church. Brahms, Bach, Beethoven and their peers are remembered but what about the "independants" of their day? Guess I don't really have a point other than this isn't new, musicians have been selling their souls forever...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    9. Re:Now I know this is hard to hear by lilburne · · Score: 1

      A difficult task seeing as you are impotent. What does one call a dried up Jaffa?

    10. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 0

      Guess what? No one forced you to do business with them...vote with your $$/feet

      What do you think has been happening? When we do, they just blame it on More Piracy and try to pass more laws. Also the RIAA has pretty much a Monopoly "5 corporations acting as one" so, how can one vote with their $$/Feet? "MP3.COM is out of the question, as they are owned by Univer$al, the largest member of the RIAA". Also you are saying about a "Corrupt Govt", It was Corporate America that has corrupted the Govt

    11. Re:Now I know this is hard to hear by maxpublic · · Score: 2, Insightful

      In case you haven't noticed, you missed two relevant points:

      (1) laws like these apply only to the powerless. This is why two college students were chosen, rather than some upper management PHB (many of whom are some of the worst offenders, from my anecdotal observations).

      (2) In America whoever has the money makes the laws and decides how they're applied. Shitting all over the Constitution is perfectly acceptable if you're rich enough to push for such legislation.

      In effect, we *are* their slaves. They get to decide what laws are passed and how they're enforced, and against whom. It's subtle, but it sure as hell ain't freedom or democracy any which way you slice it.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    12. Re:Now I know this is hard to hear by 0ptix · · Score: 2, Insightful

      but there is a difference between being a multimillionar and makeing a living! musicians alwasys made a living. but they werent always some the richest people in society! thats the problem i have with the industry as its set up now. things have been scewed out of proportion.

    13. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 0

      Seems to me they are fighting an uphill battle. Technology has empowered artists globaly to distribute their music and eliminate the middle man. The industry is pushing for and lobying for the status quo whilst technology has in fact rendered them obsolete. If they are able to bend technology for their continued corporate success, I would submit that infact we are their slaves, and that corporations act as large self interested individuals with a whole lot of clout and very little care for individuals or progress if it does not benefit them.

    14. Re:Now I know this is hard to hear by scot4875 · · Score: 1

      musicians alwasys made a living. but they werent always some the richest people in society!

      Neither were actors. In this day and age, people are willing to pay for celebrities, for some odd reason. Maybe it's because the average citizen has more free time, and is more willing to pay for entertainment?

      --Jeremy

      --
      Jesus was a liberal
    15. Re:Now I know this is hard to hear by Anonymous Coward · · Score: 0

      If they choose to be our enemies, why the fuck should we give them any of our money? Cost 'em for every dime we can, I say. Fuck 'em, and the horse they rode in on. Let them die - their demise was overdue anyway. The artists will be better off for it and will probably thank us for it - they only use the companies involved because the perception is they have to, to get any music out there at all... but rest assured, many of the artists hate the big record companies and media companies as much as we do - some of them more (nothing fosters enmity towards a lying, cheating bastard of a corporation as much as apparently owing them immense sums of money, the exact figure of which they won't tell you and which they pulled right out of their arse, and not being able to earn anything because you owe them money, and not having your royalties go towards the loan either... grr...).

      RIP RIAA. I spit on your grave.

    16. Re:Now I know this is hard to hear by Sj0 · · Score: 1

      "anti-competitive, price-fixing, anti-privacy, anti-any-rights, monopolistic, control-freak"
      Guess what? No one forced you to do business with them...vote with your $$/feet


      I keep seeing this, and it's so utterly stupid, so brainless, so devoid of any sense, that I wish the real world worked that way. It'd be great. I could make a living as a bank robber. What? You don't like the fact that I'm a criminal? Well, don't throw me in jail or expect any real punishment to be inflicted upon me, vote with your $$/feet. Stop giving me work. Hell, I don't care, I can keep robbing your bank without even worrying about guards, I can even kill people if I want. Just as long as you keep voting with your $$/feet. Make that bad murder man go away that way. Yeah. That'll teach me!

      That's such a stupid idea -- that it's ok that an entity exists which has all the legal rights of a human, none of the responsibilities, and carte blanche to break any law they like or just bribe someone to make new ones, and you shouldn't feel absolutely appalled at this disgusting perversion of everything the civilized world stands for, simply because you don't *NEED* to spend your money on them(though their cartel has a virtual monopoly worldwide, and it's virtually impossible to walk into a music store anywhere in the western world and walk out with a non-RIAA title, let alone see one on TV or hear one on the radio(let that sink in, because I don't think it has for most of you. This isn't your local music store it's affecting. This isn't the west coast. This isn't even America or even North America. It's the entire western world being controlled culturally by a single cartel.))...

      But so be it! Let the criminals go free! After all, we've got...well, we've got DICKALL. We've got some vague idealistic principle that we don't need to punish corporations because we can just be happy little sheep knowing that we're making our 1/1000000000th of a difference, even if it *IS* the same as bailing out the Titanic using a plastic cup. We've got a group acting like it's the government because they think the world owes them a living, without any of the responsibilities yet all the power of that charge. We've got corporations trying to get the legal ability to commit acts of cyber-terrorism on citizens of the United States for the most petty acts of copyright infringement, but we are supposed to ignore that, we're supposed to sit back and pat ourselves on the fucking backs because we're not buying anything from those fuckers anymore

      FUCK THAT.
      I speak of all corporations who abuse their power here when I say, I'm going to keep on bitching, moaning, and complaining. I'm going to keep on fighting until they rip my resolve from my cold, dead brain using a scalpel, and I'm not going to try to pretend that ignoring the problem in a civically responsible manner is going to solve anything. And even if they succeed, even if I accomplish nothing, even if I make things worse, I can lie defeated knowing that they'll never extinguish the fire that they've lit in the hearts of those who cherish freedom and justice. Let it burn, forevermore.

      But hey, maybe I'm wrong, and it's a terrible injustice being done towards the RIAA for us to do anything more than ignoring the problem and hoping it will go away because they don't have that 20 dollars from the CD you didn't buy.

      --
      It's been a long time.
  3. John Howard Needs a Bullet by Anonymous Coward · · Score: 0

    He's a coward and a liar, he locks up innocent refugees in the middle of the desert for years on end, he's a mouthpiece for corporations and the USA empire.

    1. Re:John Howard Needs a Bullet by jthorpe · · Score: 0

      He's a coward and a liar, he locks up innocent refugees in the middle of the desert - Would you like to pay for them? I sure as hell wouldn't, I work for a living and as such am sick of paying for crap like this.

    2. Re:John Howard Needs a Bullet by Anonymous Coward · · Score: 0

      You're right - we should never let these tax drains come into our country in the first place. My tax dollars should be supporting my family and friends and countrymen, not some "refugees" who didn't bother applying for visas and can't back up their claims of discrimination in their own country. John Howard is probably the best man available to lead this country right now, especially given i appear to be the only one who believes Alexander Downer is a hell of a lot more astute and charismatic.

    3. Re:John Howard Needs a Bullet by Anonymous Coward · · Score: 0

      -1 troll? Fuck you, it was my opinion. God forbid someone stray from the Slashdot party line. I'm a right-winger and i'm proud. That doesn't mean i'm trying to ignite anything, it's just the way it is.

    4. Re:John Howard Needs a Bullet by notb4dinner · · Score: 1

      The troll mod was for blatant generalisation (My tax dollars should be supporting my family and friends and countrymen, not some "refugees" who didn't bother applying for visas and can't back up their claims of discrimination in their own country.) not political opinion. Posting as an AC doesn't really help your cause either.

  4. Where's the news value in this? by NewtonsLaw · · Score: 3, Insightful

    Perhaps I'm missing something here but how does this differ from a story with the headline:

    Liquor Store Robbers Face Possible Jail Term

    If these guys did actually break the law, and if the maximum penalty is jail, then this is no different to thousands of other cases before the courts -- except perhaps that the law involves the protection of intellectual property.

    Move along people, there's nothing to see here.

    1. Re:Where's the news value in this? by s0rbix · · Score: 1

      The news value, is that there is no actuall theft in this crime. Also, there havent been many cases of this kind, and millions of people around the world break similar laws every day.

    2. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      problem is that listening to mp3's does not steal from anyone. And 5 years is totally inproportionate. Speeding is a crime where people die. The fine is 100 dollars.

      What the hell is going on here.

    3. Re:Where's the news value in this? by MagPulse · · Score: 1

      Exactly. People break laws all the time without going to jail or even getting in trouble in the case of speeding. It's big news when a law is enforced in a new way, because law enforcement is effectively changing the law.

    4. Re:Where's the news value in this? by DannyCabaniss · · Score: 1

      perhaps, you did miss something here brother. stealing from a liquor store involves actually stealing a tangible item. If you take a bottle of liquor or steal money then you are actually removing a piece of tangible property that is subtracted from a whole substance. Downloading is taking a duplicable source. If people could duplicate oil and distribute it freely we could probably eliminate alot of problem in the world. By downloading music we can help change the way music is distributed, recorded, and marketed to the masses by the bottom line minded corportate record labels. Stop fighting the losing battle and go with the flow. Learn how to make money in the digital music revolution. Just because an industry has been cashing in on the masses for 50+ years, does not mean they are entitled to do it forever. Long live music.

    5. Re:Where's the news value in this? by pantropik · · Score: 4, Insightful

      I guess I'll play devil's advocate ...

      Consider the following two items:

      1) I am not a customer of the music industry. Even if I'd never heard of an mp3 I would not buy music. Period.

      2) Stealing, by definition, means taking something from another without permission. The core idea is that by taking this item, you deprive the rightful owner of the item of its use and value.

      Now, assuming point one is true -- that I'd never buy music -- then my downloading mp3s is taking nothing from anyone. In that case I'm not downloading music INSTEAD of buying it, I'm downloading it just because it's there. If it wasn't there and "free" I'd just do without.

      So we get to point two. Let's say I come to your house and you have your dead mother's Harvard degree hanging on the wall. I take it. You'd be justifiably angry. But what if I just took a picture of it? Then we both have a copy. What if I stole your car? That'd suck. What if I somehow duplicated it without inconveniencing you in any way? I doubt you'd care unless you're just a big meanie.

      It's not as if I download an mp3 and it's MINE MINE MINE and only mine ... no one has been deprived of anything if I never intended to buy the CD anyway.

      My roommate downloads songs all the time. Then he buys the CD if he likes the music and there's not too much crappy filler material ... who wants to pay $17 for 3 good songs and an hour of crap you'll never listen to? Not every good song becomes a single, after all. Maybe the industry should look into letting people download legal tracks and make their own CDs without filler crap that they'll never listen to and don't want to pay for ... and make the price reasonable. Sounded good up until that last part, huh?

      And what if he buys a CD and HATES it? Can't take it back after it's been opened, that's a no-no. So he downloads the stuff, listens, and decides based on that whether to get the CD (he was way over a hundred, compared to my zero -- I'm just not a music person).

      I bet there are a lot more people like him (and like me) than there are people who "steal" just for the fun of it. The music industry MAKES money because he "steals" music. If the music industry would get with the times and stop waging war against its customers ... well, I doubt it would stop piracy, but it certainly couldn't hurt.

    6. Re:Where's the news value in this? by RajivSLK · · Score: 5, Insightful

      Perhaps I'm missing something here but how does this differ from a story with the headline:

      Liquor Store Robbers Face Possible Jail Term


      Yes you are missing something.

      It is common place for robbers to be sent to jail. However, this is new. Australian teens facing jail for mp3s related crimes is ground breaking.

      Your missing something else. You fail to take into account the spirit of the law. In most countries, when a law is applied, not only is the letter of the law considered but the spirit as well. Was it this law's intention to target and prosecute small infractions (such as teens trading mp3s or people recording radio shows and sharing them with friends)?

      Additionally, there is the matter of public policy. In many cases public policy out weighs the techinical implications of the law. Generally it is against public policy to enforce a law that would deem a large percentage of the population criminals.

      You must realise that the law is not a set of rules that can be executed like a computer program. The law is open to interpertation by reasonable minds. Simply applied to the letter, the law (in any country), would land most of us in jail.

    7. Re:Where's the news value in this? by MrMickS · · Score: 1
      It's big news when a law is enforced in a new way, because law enforcement is effectively changing the law.

      This is a 1968 copyright law. The law hasn't changed the environment has. In 1968 computers were strange things that large companies had. Hell it's 2 years before the dawn of time for the Unix world and 12 years before the dawn of time for DOS.

      People find new ways to break the law all the time, that the Australians have found a way to apply an old law to current technology is probably about the most interesting thing here.

      People break laws all the time without going to jail or even getting in trouble in the case of speeding.

      If you were caught and charged for speeding would it be news? Probably not. You would face whatever the penalty was. The same applies here. Unless they've been living on Mars for the last 5 years they will know that sharing MP3s of commercial music is illegal and that the authorities are cracking down on it. They have no defence other than to come clean and take it on the chin.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    8. Re:Where's the news value in this? by velo_mike · · Score: 1

      problem is that listening to mp3's does not steal from anyone.
      As always, IANAL but let's play devil's advocate for a minute anyways. Media companies produce a product, music. It's distributed on CD's, cassettes, LP's , or however but the product itself is music. They've paid money to the musicians, spent money advertising, pressing and distributing media and typical business overhead but the actual product is intangible. US Copyright law [copyright.gov] gives the media company the exclusive right to reproduce the works in copies. I believe most other countries' copyright laws state the same things

      While you're correct, the act of listening to mp3's doesn't steal from anyone? Distributing those mp3's, however, does break US copyright law. If one copy of the song was purchased and 10 copies have been distributed, isn't that 10 copies that may have been sold?

      Ok, enough devils advocate, I feel dirty already. Want to change things? Stop buying CD's sold by the big companies. Support independant bands by purchasing their stuff or otherwise giving them money, nobody eats for free you know. Swap mp3's if you like but don't believe that "since it's intangible, it's not theft"

      thus endeth the rant...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    9. Re:Where's the news value in this? by benjiboo · · Score: 2, Insightful
      I am not a customer of the music industry. Even if I'd never heard of an mp3 I would not buy music. Period. [....] Now, assuming point one is true -- that I'd never buy music -- then my downloading mp3s is taking nothing from anyone


      That's BS. By *listening* to these records, no matter how you obtain them, you are a customer of the record industry. Regardless of whether or not you would have bought them, you have had the use out of the item *without* paying. If you want use of something, even if it's in your opinion sub standard, you have to pay by law. Simple as that. (Though I'd say that this is a valid argument against the we lose $n billion/year in piracy.)


      It's not as if I download an mp3 and it's MINE MINE MINE and only mine.


      Just because something is intangible it doesn't make the law any less applicable. In fact, in this situation these laws should be more rigourously enforced. The Legal process is the only way these companies have to protect their intellectual property. Likewise, people seem to throw it around that these companies are evil monoliths. Again, it's just that the smaller IP companies (software houses, publishers & independant record labels) don't have the financial clout to protect their intellectual property, rather than some philanthropic need to give away their only assets.

      --
      Vacancy for signature. Apply within.
    10. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      Unless they've been living on Mars for the last 5 years they will know that sharing MP3s of commercial music is illegal and that the authorities are cracking down on it.

      It may be illegal, but the worst penalties I've heard of in the U.S. are university expulsion. And those universities get a bad reputation. So I would be very surprised if a U.S. citizen went to jail for MP3 posession, and I'd wonder why they did and the millions of others who do it every day didn't.

      If you were caught and charged for speeding would it be news? Probably not.

      If someone was charged with speeding 1 MPH over the limit and the charge stuck, that would be news. Especially if it was highly publicized and the local government stood up for it. It would be a sign of significant change.

    11. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      idiot

      This is theft and yes many people do it and download commercial games,music and movies, they are all illegally copying material which does not belong to them, I hope they get whatever the law can through at them.

    12. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      No, it is not theft. Look in a dictionary. Theft is taking something FROM someone else. In this case, noone lost anything they had before.

    13. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      It is not legal to download MP3's, noone is disagreeing on that.

      What people are arguing is that it is not morally wrong to copy MP3's, and perhaps even that the law is wrong.

      After all, the record industries reported increasing sales after Napster came along, and only after they sued napster, and lot's of people started boycotting, did they report sales "dropping due to piracy".

    14. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      Yes, it is 10 copies that may have been sold. And when I bought a car, that was 1000 CD's that might have been sold, if I had spent the money on CD's instead. But I did not. Neither did these people.

      They did not lose a sale. They lost a potential sale, but there are lots of reason for that. Like spending the money on something else.

      So we are talking about record companies "losing" money they never had. Money the "pirates" probably didn't have either, and thus could not have spent. In other words, we are talking about fictive money.

    15. Re:Where's the news value in this? by velo_mike · · Score: 1

      They did not lose a sale. They lost a potential sale

      Absolutely true, they lost a potential sale - in the case of making N copies, they lost M potential sales where 0 < M < N - some of those people may never have bought the CD, some may have.

      Since there's no way to predict do we assume they've incurred no loss in income? Full loss? Try to guesstimate a percentage? I don't know how you can logically argue either of the first two, nor where to start calculating the third. Unfortunately, someone is going to have to if one of these cases actually makes it to trial...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    16. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      You don't get jail for breaking into a house in Australia. Well not for the 1st few times anyway. The last guy who broke into my house had been in jail less than a week before but for much worse things. He was only going back because he made physical threats. The fact he got away with lots of stuff didn't seem to matter.

    17. Re:Where's the news value in this? by jez9999 · · Score: 1

      Actually it's perfectly legal to download MP3s that aren't subject to draconian copyright laws.

    18. Re:Where's the news value in this? by thogard · · Score: 1

      The media compaines don't produce music. They sell little plastic bits that cost almost nothing to make and the rest is advertising to move that bit of plastic at its inflated price.

      I hear people talk about how radio stations pay to play music, that is total BS. They pay to play music but they get paid to play that music as well (its called Payola). Now its not so much under the table but hidden under advertising deals. How much did Columbia Records pay to advertise Roger Waters' last concert? Isn't it odd that they continue to advertise after the shows are all sold out? Check the details on how other compaines advertise vs how the record compaines advertise -- there has to be some funny money deals going on. Did all the free tickets and other advertising help get other Columbia Records artists on the air? You bet it did.

    19. Re:Where's the news value in this? by richieb · · Score: 3, Insightful
      While you're correct, the act of listening to mp3's doesn't steal from anyone? Distributing those mp3's, however, does break US copyright law. If one copy of the song was purchased and 10 copies have been distributed, isn't that 10 copies that may have been sold?

      Maybe yes, maybe no. If ten people listen to the song on the radio and don't buy the CD is that theft too?

      If I drive a small car, instead of an SUV, am I stealing from the oil companies? After all I only buy 10 gallons of gas, instead of 30?

      --
      ...richie - It is a good day to code.
    20. Re:Where's the news value in this? by Sunnan · · Score: 3, Insightful
      By listening to these records, no matter how you obtain them, you are a customer of the record industry.


      That would be a very scary world. I walk into a café and they have the latest pop song on - I'm all of a sudden a "customer" of the record industry, owing them something. When I read that taxi drivers in Finland need to pay royalties for the music their clients hear in the car, it scares me.

      How long do the tentacles of ownership stretch?

      The very principle of intellectual property is insidious in and of itself, since it's dealing with a lot more abstract concepts. We don't generally allow people to claim ownership of air, right? And the air isn't even copyable.

      Information and knowledge, especially in digital form, can be copied at next to no cost. Having an economic system that negates, practically forbids, that very real advantage should be looked upon with great caution.

      It's odd that people don't find these discussions more tiring. Every time a news story like this is posted, we don't get reactions to the story itself, rather people (of both positions in the question) start to discuss the validity of, or necessity for, a strong concept of intellectual property.

      I think it's pretty scary that mere samizdat is yet again punished by deprivation of physical freedom - this time in a so-called "free country". The information - in this case music - does not appear to be something that's destructive or harmful, and reproduction of it has plenty of positive effects for most people, the only exception possibly being the record industry itself.

    21. Re:Where's the news value in this? by dmaxwell · · Score: 1

      I can't remember the last time I heard of someone getting a gun stuck in his face for his mp3s. Great! Now the **AA has people so brainwashed that downloading a tune off Kazaa is tantamount to armed robbery. Sheesh!

    22. Re:Where's the news value in this? by velo_mike · · Score: 2, Interesting

      Maybe yes, maybe no. If ten people listen to the song on the radio and don't buy the CD is that theft too?

      The media company has entered into an agreement with the station to air the song, it's a form of advertising. If 10 people hear the song and don't buy the cd, it's an unsuccessful attempt. If ten people download an illegal copy it's piracy. What's the difference? Control of property. Illegal copies potentially deprive companies of making a living

      Different medium, different scale, same concept: I lean out my window and take a photo of the bum who is currently pissing on my building (I hate this city), print some copies and sell them with the agreement that you may display in your home or office or sell the copy you have. That's it, accept it or don't buy it. You like my picture, buy it and proudly display it at home. After a party, your friends admire my photo, take it to kinkos and burn copies for themselves. You've deprived me of the opportunity to sell my photo to those friends and broken our agreement. It's the same as ripping and distributing mp3's. OTOH, If I get my masterpiece displayed at the radio station's annual art fair, 10 people look at it and don't buy it, once again it's failed advertising...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    23. Re:Where's the news value in this? by velo_mike · · Score: 1

      The media compaines don't produce music. They sell little plastic bits that cost almost nothing to make and the rest is advertising to move that bit of plastic at its inflated price.

      I believe it's exactly the opposite, they purchase rights from musicians, package it and sell it. The product, the thing that differentiates this little plastic bit from some other, is the music. The media is just the delivery vehicle, same as the net bag around the potatos I just bought.

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    24. Re:Where's the news value in this? by richieb · · Score: 1
      The media company has entered into an agreement with the station to air the song, it's a form of advertising. If 10 people hear the song and don't buy the cd, it's an unsuccessful attempt. If ten people download an illegal copy it's piracy. What's the difference? Control of property. Illegal copies potentially deprive companies of making a living

      The media companies actually pay a lot of money to get their songs played on the radio (like $100K per song!). So, if they treated MP3 distribution as radio and let the songs go around the P2P netoworks, the music would get similar exposure at a much lower cost.

      --
      ...richie - It is a good day to code.
    25. Re:Where's the news value in this? by velo_mike · · Score: 1

      The media companies actually pay a lot of money to get their songs played on the radio (like $100K per song!). Do you have a source for this? I've always heard the opposite, either no money is exchanged (one can't live without the other) or the radio station licenses the broadcast rights. With the rise in influence of companies like Clear Channel, it wouldn't surprise me but I'd like to see something reputable.

      So, if they treated MP3 distribution as radio and let the songs go around the P2P netoworks, the music would get similar exposure at a much lower cost.

      Similar or greater exposure with the ensuing loss of control - no way to know how many times it was played, who listened, feedback. All the things a radio station can generate.

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    26. Re:Where's the news value in this? by richieb · · Score: 2, Informative
      Do you have a source for this? I've always heard the opposite, either no money is exchanged (one can't live without the other) or the radio station licenses the broadcast rights. With the rise in influence of companies like Clear Channel, it wouldn't surprise me but I'd like to see something reputable.

      Salon has been writing about this for a while for example take a look here: Will Congress Tackle Pay for Play

      --
      ...richie - It is a good day to code.
    27. Re:Where's the news value in this? by Ioldanach · · Score: 1
      That would be a very scary world. I walk into a café and they have the latest pop song on - I'm all of a sudden a "customer" of the record industry, owing them something. When I read that taxi drivers in Finland need to pay royalties for the music their clients hear in the car, it scares me.

      In the US, you are indeed a "customer", and you have been for a long time. That cafe, in order to have the radio playing where customers can hear it, is supposed to pay an ASCAP fee. If they don't pay up, they get a visit from ASCAP thugs for their protection money. This is even though the music has already theoretically been paid for by the broadcasting station.

      So yes, the fact that you're listening to that song in the cafe has been accounted for and paid for by what amounts to a site license.

    28. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      Try to guesstimate a percentage? I don't know how you can logically argue either of the first two, nor where to start calculating the third. Unfortunately, someone is going to have to if one of these cases actually makes it to trial...

      Actually it is in effect in France where a tax is applied to all recordable cds, which goes to the music industry...

    29. Re:Where's the news value in this? by Anonymous Coward · · Score: 1, Informative

      Sometimes they purchase rights from the musicians. Of course, they control most of the distribution channels and use their monopolistic powers to keep that control.

      So if you really want to hit it big, you sell your music to the music industry, who will pay a fair price for it and market you equally with the other bands they support....er, no.

      What actually happens is that they send out people to look for bands in clubs. Those people look at a band and say, "can I sell this?" If the answer is yes, then the band will be offered a contract to make one, two, or however many records, for X dollars and Y% royalties on record sales, and Z% royalties from merchandising...or maybe just X. If the band is smart, they ask for X and Y too, but the company can always tell them to get lost; there are other bands out there that will sign for X.

      After a band is signed, the company that signed them gives them a loan for M dollars to make a record. Since you'd better believe everything in that industry rotates around the big companies, some of that money comes back to them. M is divided up amoung producers, extra musicians, a studio, and whatever else there is. After a record is made (and made to the company's tastes, not the band's), they go on tour to earn money to pay back the record company. If the company doesn't advertise for them, the band will sink. If the company doesn't throw its weight behind them, then other bands will get the good venues. When everything is all said and done, the band has made very little actual profit, the record company owns the songs (and has the master tapes to make unlimited copies of those songs), and the band still has to do B-1 albums before their contract is over.

      That's how the music-making end of the music industry works. On the music distribution side, the record company has deals with radio stations to play certain songs (of the record company's choosing) more often that normal. The radio stations must pay the record company to play these songs. The band is told to go on Leno or Conan to advertise themselves (Conan let slip once that they had to pay movie companies for the rights to show the little clips actors bring, dunno if they have to pay the record company for a band's appearance). The CDs are pimped to music shops, and everything, everything, everything revolves around getting the consumer to buy as many copies of the CDs as possible. Once that's happened, the record company has made money. It costs about 12 cents to press a CD, slightly more to produce the artwork, and the band is footing the bill for making the music that they don't own. At NO time does the record industry have _any_ obligation to the customers out there. All they want is money, and how they get it is irrelevant.

    30. Re:Where's the news value in this? by velo_mike · · Score: 1

      very cool, thanks...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    31. Re:Where's the news value in this? by Ioldanach · · Score: 2, Informative
      The media company has entered into an agreement with the station to air the song, it's a form of advertising. If 10 people hear the song and don't buy the cd, it's an unsuccessful attempt. If ten people download an illegal copy it's piracy. What's the difference? Control of property. Illegal copies potentially deprive companies of making a living

      The media companies actually pay a lot of money to get their songs played on the radio (like $100K per song!). So, if they treated MP3 distribution as radio and let the songs go around the P2P netoworks, the music would get similar exposure at a much lower cost.

      But you're still missing the core point. The media companies don't want their songs to get exposure, they want specific songs to get exposure. Allowing them all to float around gives them an equal chance to be exposed, so they've lost control. It isn't about just making money, its about control. They think they can make more money if they can control the market.

    32. Re:Where's the news value in this? by Sunnan · · Score: 1

      It's more like the café is the customer, right?

      Or maybe your perspective is correct.

      I was aware of the practice so I usually shop at a café that only plays indie music.

    33. Re:Where's the news value in this? by richieb · · Score: 1
      But you're still missing the core point. The media companies don't want their songs to get exposure, they want specific songs to get exposure. Allowing them all to float around gives them an equal chance to be exposed, so they've lost control. It isn't about just making money, its about control. They think they can make more money if they can control the market.

      I understand that they want control. They'd like to be a monopoly that charges you each time you listen to a song for 300 years. But the customers don't want that and if there is competition is allowed they will be wiped out by market forces.

      --
      ...richie - It is a good day to code.
    34. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      "The law is open to interpertation by reasonable minds."

      This is somewhat of a double-edged sword. What happens when a suit like this is tried by unreasonable minds?

    35. Re:Where's the news value in this? by Kombat · · Score: 1

      Incidentally, in your photo example, YOU have broken the law, too. By profiting from your photo of the bum, you owe the bum compensation (unless he's agreed to a model release form in which he declines any compensation). The law in the US generally states that you can take pictures of anything you want in public (certain landmarks excepted, thanks to terrorism panic). But if you take a photo of a person, and the person is clearly identifiable in said photo, then you need their permission. And if you profit from that photo, then you owe them compensation/royalties.

      --
      Like woodworking? Build your own picture frames.
    36. Re:Where's the news value in this? by Erasmus+Darwin · · Score: 1
      "The core idea is that by taking this item, you deprive the rightful owner of the item of its use and value. Now, assuming point one is true -- that I'd never buy music -- then my downloading mp3s is taking nothing from anyone."

      You're still partially depriving them of the use and value of the copyright itself. In exchange for producing a creative work, the government awards the creator a time-limited (in theory), exclusive right to control the distribution of that work and derivative works. That government granted right, while intangible, has a very real value based solely on the notion of exclusive control.

      By illegally ignoring that exclusive control, you've reduced the value of that right. A copyright that 100% of the population respects has some value to it. A copyright that 50% of the population respects has less value to it. A copyright that none of the population respects is worthless, short of being able to go after the violators.

    37. Re:Where's the news value in this? by LudditeMind · · Score: 1

      "I saw them seeking, just as they seek to feed on Mulligan's money, to feed on those hours when I wrote my music and on that which make me write it, seeking to gnaw their way to self-esteem by extorting from me the admission that they were the goal of my music, so precisely by reason of my achievement, it would not be they who'd acknowledge my value, but I who would bow to theirs. . . ." - Ayn Rand

    38. Re:Where's the news value in this? by maxpublic · · Score: 2

      By *listening* to these records, no matter how you obtain them, you are a customer of the record industry.

      By reading this comment, no matter how you came across it, you just became a customer of my company, Original Thoughts Inc.

      Pay up, asshole. It's as simple as that.

      In fact, in this situation these laws should be more rigourously enforced. The Legal process is the only way these companies have to protect their intellectual property.

      There is no Constitutional guarrantee asserting ownership over 'intellectual property'. None whatsoever. The only Constitutional mention of anything remotely like this has to do with copyrights, and at no time is 'intellectual property' mentioned or even alluded to. Here's the actual text, from Article 1 Section 8:

      "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"

      You will note that the current definition of 'intellectual property' is in no way mentioned. The sole purpose of copyright law is to 'promote the progress of science and the useful arts'; it is not to protect anyone's right to profit, or to harbor a failing business model that can't keep up with the times.

      Of course, this has nothing to do with Australia, which is perhaps even more repressive than the United States. But it seems that whatever nonsense the U.S. government promotes the governments of other First World nations are quick to emulate.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    39. Re:Where's the news value in this? by jambalaya · · Score: 1

      Maybe yes, maybe no. If ten people listen to the song on the radio and don't buy the CD is that theft too?

      Actually, when a song is on the radio, the artist, publishers, etc are getting paid. Maybe not by you, but they are getting paid.

    40. Re:Where's the news value in this? by richieb · · Score: 1
      Actually, when a song is on the radio, the artist, publishers, etc are getting paid. Maybe not by you, but they are getting paid.

      True. But they get paid for one play and I guess the fee is based on an estimated number of listeners.

      Frankly, if you treat P2P/MP3 file swaping like radio all you need to do is pay royalties to the artists (maybe even based on some download rating) . I wouldn't mind paying additional few dollars a month for my internet connection, if that money went toward artist royalities (note this leaves out the record companies).

      In fact some Universities are proposing something like that, so that RIAA will leave them alone and let students share music freely.

      --
      ...richie - It is a good day to code.
    41. Re:Where's the news value in this? by Anonymous Coward · · Score: 0
      By reading this comment, no matter how you came across it, you just became a customer of my company, Original Thoughts Inc.

      Pay up, asshole. It's as simple as that.

      WTF?! What kind of comment is that? There's not even a shade of a comparison between what you said and downloading mp3s off a P2P network. It is clear that if you want to listen to songs, they are commercial works and cost money to acquire. Your comment on /. is free for everyone to read. I didn't go out and seek out your particular comment so I could lread it over and over again, knowing full well that I should be paying for it. They are completely different things. I don't think anyone finds themselves accidently downloading and listening to a Britney Spears song. There is no expectation that I owe you money by reading your comment, posted in a public forum, and you have no legal basis to insist on any form of payment.

    42. Re:Where's the news value in this? by pod · · Score: 1

      The criminal penalties (and allowed civil penalties) may be excessive for IP violations, but why would anyone say they should not be subject to criminal prosecution? I steal a 50 cent candy bar, that is technically a (very minor) criminal matter. Why should copying somebody else's IP not be?

      --
      "Hot lesbian witches! It's fucking genius!"
    43. Re:Where's the news value in this? by Anonymous Coward · · Score: 0

      I don't follow you on the last sentence... how is law enforcement changing the law? Care to explain?

    44. Re:Where's the news value in this? by Sj0 · · Score: 1

      idiot

      This is theft and yes many people do it and download commercial games,music and movies, they are all illegally copying material which does not belong to them, I hope they get whatever the law can through at them.


      If you've ever commited any crime and not been punished, you're being a hypocrite. Tell me, have you ever sped? Stolen office equipment(rather, "borrowed it")? Downloaded a song? Made a copy of a video tape for a freind? watched a video tape a freind made for you? Ever seen a movie at a party or gathering which wasn't licensed for public viewing? E-mailed a funny picture to your freind? Have you ever hit another human being in any way? If you have, you've probably commited a crime, and and you haven't been punished, you're a hypocrite.

      but hey, maybe you're a priest or something. I can tell you that nobody *I* know isn't guilty of something, and petty copyright infringement is on the bottom of a looooong list of things a person could be guilty of doing. And hey, if you're not a priest, and you've got some blood on your hands about something -- anything...you're nothing but a self-righeous prick, from a long line of self-righteous pricks who seem to think that justice only comes for other people.

      --
      It's been a long time.
    45. Re:Where's the news value in this? by Vlad_the_Inhaler · · Score: 1

      That's BS. By *listening* to these records, no matter how you obtain them, you are a customer of the record industry. Regardless of whether or not you would have bought them, you have had the use out of the item *without* paying. If you want use of something, even if it's in your opinion sub standard, you have to pay by law. Simple as that. (Though I'd say that this is a valid argument against the we lose $n billion/year in piracy.)

      YANAL, I assume.
      If that really became the case, then it would become normal to sue owners of public places where Muzak (or whatever other form of music) were being played. A better way of killing the record industry would be hard to find.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
  5. What's the news? by GammaTau · · Score: 2, Interesting

    What's the idea in this news item? That people can get jail time for breaking a law? As long as unauthorized distribution of copyrighted material over internet is illegal, this is a direct consequence. No news, really.

    The important issues are when new laws are passed or when business wants to stretch the limits of existing laws. However I see nothing in the article that would suggest either.

    1. Re:What's the news? by cperciva · · Score: 1

      It's news because these are students, and the readership of slashdot feels more connected to them.

    2. Re:What's the news? by Negatyfus · · Score: 1

      I suppose-- like more such articles-- the issue raised by this Slashdot's submission is that simple music piracy can trigger such severe legal action. I'm not saying music piracy is okay, but it certainly does not need five years in jail. I break laws every day. I ride my bicycle through a red light. I jay-walk. I cross the speed limit. So what? I use my brain and have my restraint. Screw the authorities. I can think for myself. I have morals that will not rob others off their rights too much. That's more important than abiding by the law.

    3. Re:What's the news? by kubrick · · Score: 1

      I break laws every day. I ride my bicycle through a red light. I jay-walk. I cross the speed limit.

      Terrorist!

      --
      deus does not exist but if he does
    4. Re:What's the news? by KilerCris · · Score: 1

      Hey, it was interesting to me, obviously was interesting enough to you for you to complain about it, and was probably interesting to a lot of other people. It's something nerds are interested in. Isn't that what /. is about?

    5. Re:What's the news? by Negatyfus · · Score: 1

      It'd almost funny if it wouldn't be so sad. These days, openly admitting to committing these "crimes" could brand you overly rebellious in some environment; someone that needs to be shut up and controlled like the rest of the flock. Where's the world going to if that's the way it works?

    6. Re:What's the news? by kubrick · · Score: 1

      Well, practically anything that isn't specifically mandated by governments/corporations these days seems to be illegal, so we might as well go the whole hog. :/

      As to where the world is going... I think I'd like to move to a part of it that isn't going along for the ride. As an Australian, I'd rather move somewhere like New Zealand, which is even more marginalised in world affairs than Australia is and has the sense not to take sides, and also has the compassion to welcome refugees. The last 7 years have revealed a side to my country that I thought was long dead -- selfish, racist and militaristic -- and I don't want any part of it.

      --
      deus does not exist but if he does
  6. ...album covers... by Capt'n+Hector · · Score: 1

    Album covers? They should arrest the folks at amazon.com then.

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
    1. Re:...album covers... by Negatyfus · · Score: 1

      They probably have a deal with the record company for stuff like that.

  7. Hmm, looks like it's 5 years total by joeflies · · Score: 4, Insightful
    After a quick browse of that article, it looks like the penalty is a fixed number instead of charging per incident. In which case, wouldn't it be overprosecuting small time users with a liberal sense of copyright law, and underprosecuting the real pirates (i.e. manufacturing and distributing copyrighted material)?



    Of course, it's not clear what side of the fence the accused stand on.

    1. Re:Hmm, looks like it's 5 years total by TheMidget · · Score: 3, Insightful
      In which case, wouldn't it be overprosecuting small time users with a liberal sense of copyright law, and underprosecuting the real pirates (i.e. manufacturing and distributing copyrighted material)?

      ... and it would also encourage users to continue, even after caught. Indeed, continuing will not make the penalty any worse, as number of incidents does not come into play.

    2. Re:Hmm, looks like it's 5 years total by spasm · · Score: 3, Insightful

      *Maximum* 5 years. Australian law only describes maximums; judges are free to interpret circumstances and context and assign penalties *within* a range 0-maximum.

      Those readers from countries other than the US (or other third world dictatorships) may be familiar with the concept.

    3. Re:Hmm, looks like it's 5 years total by okeby235 · · Score: 1

      If they are first time offenders then the chance of jail time is really minimal. They will get some fines and that is all - even the amount of fines are capped (so $97 billion lawsuits here).

    4. Re:Hmm, looks like it's 5 years total by confused+philosopher · · Score: 2

      Right. There is no such thing as a 200 year sentence [in the AU and Canada], stacked up from consecutive jail terms. They only do that in countries where math is a problem, and the death penalty is too backed up.

      --
      Why slashdot? Why not?
    5. Re:Hmm, looks like it's 5 years total by MrFredBloggs · · Score: 1

      "underprosecuting the real pirates (i.e. manufacturing and distributing copyrighted material)?"

      If the industry is losing more sales due to online piracy than counterfeiting, then they ARE the real pirates!

    6. Re:Hmm, looks like it's 5 years total by Anonymous Coward · · Score: 1, Informative

      Umm, these WERE the "real pirates". They had thousands of albums online, full cover art, on a website - just click and take it. It wasn't some two-bit peer-to-peer sharing for fun. It was deliberately undermining the entire industry, and they deserve to be punished severely.

    7. Re:Hmm, looks like it's 5 years total by Anonymous Coward · · Score: 0

      Tsk, tsk, don't be so ignorant, it works the same way in the US (Although there are "mandatory minimums" *cringe* for a handful of crimes). Reporters always love to give the maximum sentences though, opposed to an average or standard sentence, since it makes the story so much more sensationalistic.

    8. Re:Hmm, looks like it's 5 years total by Blue+Stone · · Score: 1
      "Umm, these WERE the "real pirates"."

      I don't agree. They didn't financially gain from their copyright infringement, so I, and I think any fair-minded person, would not call them the real pirates.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  8. Jail? What the Hell for? by Michael's+a+Jerk! · · Score: 1

    As an Australian, this is the first I've heard about police taking MP3 sharing seriously.

    I truly doubt these guys will get more then a slap on the wrist, because here, you HAVE to prove damages. I can't see the ARIA (Australia's RIAA) getting away with a jail sentence. They'll try, but they will probably fail.

    --

    I'm not Seth.

    1. Re:Jail? What the Hell for? by Anonymous Coward · · Score: 0

      Aren't they forgetting that the entire country was where prisoners were sent? Theoretically, that whole place is one big large open jail.

  9. corporate bastards. by Anonymous Coward · · Score: 0

    If they were arrested for simply having mp3s then that is bogus.

    If they were copying songs off their friends, that is bogus.

    If they were giving friends stuff, that is bogus.

    If they were using lots of someone elses bandwidth, they deserve some sort of punishment, but not jail.

    If they were selling the songs/movies, they deserve some punishment, but not jail.

  10. Maximum penalties by Beryllium+Sphere(tm) · · Score: 2, Insightful

    The five-year sentence, I would hope, is for people running large-scale commercial knockoff operations.

    The interesting question is whether they did anything to attract attention, or whether someone's just trying to find someone to make an example out of.

    1. Re:Maximum penalties by tedDancin · · Score: 1

      Police said the alleged piracy concerned music, album covers and music videos from ...[big names] .. and Festival Mushroom Records

      You'd hope they'd be harsh. I'd hand out five years for someone who shared Jimmy Barnes and AC/DC. (:

      --

      Ladies, form queue here -->
  11. Don't do the crime by Dot.Com.CEO · · Score: 3, Insightful
    if you can't do the time.

    By downloading music you don't own you break the law. Just because people think they have the right to listen to music for free it doesn't mean it has to be that way. I don't understand what the fuck this has to do with "your rights online". Privacy, I understand. Spam, I understand. Spyware, I understand. But what right are we talking about? Kazaa leeching? Give me a fucking break.

    Go on, mod me a troll. I don't give a shit, I've had it with listening to the constant whining of a handfull of people who cannot understand the basics of "stealing music".

    --
    Mother is the best bet and don't let Satan draw you too fast.
    1. Re:Don't do the crime by pesc · · Score: 1

      By downloading music you don't own you break the law

      Wrong. You can legally download music from www.mp3.com for example. But you don't own the copyright of what you download.

      Actually, almost everything you download (or look at with your browser) is created by someone and is protected by the copyright laws (unless the writer explicitly gives up his copyrights and place his work in the public domain).

      However, it is illegal to distribute or upload work that you don't own the copyright on. Big difference.

      This is why the music industry doesn't need any new DMCA laws. The existing copyright laws already gives them the right to sue the uploaders.

      --

      )9TSS
    2. Re:Don't do the crime by ninthwave · · Score: 3, Insightful

      I agree with everything you said except for one point. I miss having radio stations that played a variety of music. It is hard to find new songs I download listen and buy if I like. I use it like the radio. I don't see that action as criminal because I am an active cd buyer. Though the way the law is written it is. I think my problem with the attack on mp3s is the control on the release of music by the record industries has become so strong that the variety of music is suffering on the airwaves, so to hear new things out of the pop mainstream you have to search a bit. Internet radio is great, followed by net downloading to find the version of the song you are looking for which is then followed by a hunt for the cd or a delete this rubbish option for me. I just can't see what is wrong with my use of it like that. Granted what is stated here is stealing but again the law is so rigid I am stealing under it. And I can not accept that not because I want free music but because I want the promise of captialism to offer consumers more choice to actually do that and offer me more choice while in the record industry it seems to be doing the opposite and offering my less.

      --
      I was thinking of the immortal words of Socrates, who said: "I drank what?" - Chris Knight (Val Kilmer)- Real Genius
    3. Re:Don't do the crime by Anonymous Coward · · Score: 1, Interesting

      how is this for an idea you moron:

      punishment that fits the crime

      kid with a few thousand crappy quality 128kbs mp3s of the latest worthless tripe spewed out by the riaa?

      guilty: 15 days community service, 3 months probation.

      what are you gonna do lockup every kid around the globe for having copies of something they could record with a tape recorder and boxload of tapes off the air for free anyway?

      or are you saying it's the quantity of songs that turns it into stealing? tape a few hundred songs off the radio with a cassette deck, you don't hear dick from anyone, not your teachers, not your parents, not the goddamn riaa.

      but now that can collect a few thousand low quality 128kbs mp3s and NOW IT'S A PROBLEM?

      i think not.

      it's all about money and power.

      so sure it's stealing. but if you don't believe in DEGREE or simply don't understand the concept...then you truly deserve a severe ass kicking.

      my rights will be completely fucking trampled in the RIAAs pursuit of so called pirates (what were preschoolers called 20 years ago, when they had bag full of tape cassesetts...pirates?).

      all for the billions that they pull down.

      here's something else for you:

      100 years ago, creating duplicates of anything WAS NOT TRIVIAL.

      (god you are such a fucking dense moron, i hate that i'm even explaining this to you)

      therefor the cost of duplication was high and was factored in.

      as technology has progressed, it has become easier and easier to duplicate art.

      until you see realistic price adjustments...i.e. music CDs under U.S. $5 then you'll always have a gray/black market.

    4. Re:Don't do the crime by Anonymous Coward · · Score: 0

      "I've had it with listening to the constant whining of a handfull of people who cannot understand the basics of "stealing music"."

      You're such a moron you can't even describe why this is a crime.

      You just know that people want to get paid for something, and by gum, if they don't pay, then...then.....kill them!

    5. Re:Don't do the crime by Anonymous Coward · · Score: 0

      Handful? Try 70 million Americans.

      I would hope that 70 million could overrule the lobby of the RIAA, but nope. Thus is today's America.

      Your name says it all. You are most likely an elitist pig, looking to protect your profits under any means possible. You will then call this "capitalism."

      Move to Red China. Plz.

    6. Re:Don't do the crime by Anonymous Coward · · Score: 0
      Wrong. You can legally download music from www.mp3.com for example. But you don't

      Yeah, whatever, you know what the guy meant. You didn't pay to legally download it, you're breaking the law doing it anyways. Your nitpicking impresses no one.

  12. Aussie Justice? by Farley+Mullet · · Score: 0, Funny

    Five year sentence? Don't worry -- I'm sure their lawyers will be able to talk them down to a booting

    1. Re:Aussie Justice? by ivern76 · · Score: 1

      The Chewbacca Defense should do the trick...look at the silly monkey!

  13. more detailed articles by flokemon · · Score: 5, Informative
    1. Re:more detailed articles by Anonymous Coward · · Score: 2, Informative

      "Mr Negus said the site contained _links_ to digital recordings of several hundred music albums and singles, album covers and music videos owned by record companies Universal, Sony, Warner, BMG, EMI and Festival Mushroom." (emphasis mine)

      The local TV news made it sound like they had copies of the songs available for download. But if all it was is a site containing links to other locations where the song can be downloaded, then I am not completely comfortable with this.

      I don't see how they breached copyright by just providing a list of locations that you can find copies of songs. That is like suing the telephone directory publisher, because the list photocopy centres where copies of books can be made/found.

      Besides which such a list of locations should be legal, if you have the legal right to those files. Just because people who do not have that right, are able to view the list (and then illegally copy the files) should not make the list itself illegal.

      If they are using the album covers as an excuse for copyright infringement (Then talking up the MP3 files, even thought they are being prosecuted for the use of the cover art). Then advertising companies could be in big trouble.

  14. 1968?? by canning · · Score: 1

    If found guilty of breaching copyright under the Copyright Act 1968, they would face up to five years in jail or a $60,000 fine.

    If this copyright law dates back to 1968 than there are bound to be some loop-holes that should get these guys off. They just need a decent lawyer.

    --
    I love the smell of Karma in the morning
    1. Re:1968?? by Anonymous Coward · · Score: 0
    2. Re:1968?? by Anonymous Coward · · Score: 0

      the date in the act name is when it was first introduced. it's been updated often. only on a few occasions have laws been torn up and rewritten completely (when they then get a new date in their name) ..an aussie

    3. Re:1968?? by ColaMan · · Score: 2, Informative

      If this copyright law dates back to 1968 than there are bound to be some loop-holes that should get these guys off. They just need a decent lawyer.


      No,it makes it a lot harder, since all the other cases since 1968 have been testing the law as it stands. The police (in general) will not prosecute if they determine that there's a previously known escape / loophole in this law that fits these circumstances. They make pretty sure that the law applies before going into court.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    4. Re:1968?? by quarrel · · Score: 1

      If this copyright law dates back to 1968 than there are bound to be some loop-holes that should get these guys off. They just need a decent lawyer.

      The original law dates back to 1968, but has been ammended many times since. Don't get me wrong, I'm sure it's still outdated and horrible, but we do have active law makers here ;)

    5. Re:1968?? by Anonymous Coward · · Score: 0

      I would imagine laws covering more traditional theft have been around since way before 1968, so by this logic there should be many loopholes for in these too!
      Thankfully, the option of paying "a good lawyer" to get you off, outside the United States is less of an effective option.

    6. Re:1968?? by Anonymous Coward · · Score: 0

      The police don't prosecute and they don't go into court with cases.

  15. What's the problem? by marsonist · · Score: 0, Redundant

    It seems as thought the vast majority of internet junkies seem to feel that they are entitled to free stuff; Free programs, free movies, and free music. Every time the industry tries to protect it IP people say they are lashing out against our rights. It seems to me that we have tried to convince ourselves for so long that downloading copyrighted material is ok, that we have started believing it. If someone violated a copyright law by sharing, selling, or giving away copyrighted material, they should be punished. They knew it was wrong, and everyone else who does it knows just as well.

    1. Re:What's the problem? by Frodrick · · Score: 1

      The problem is that most MP3 downloaders also buy a great deal of legitimate music - and most credit their downloading as the proximate cause of their increased music purchases.

      And then when the record companies come along and try to stop the "evil" downloaders, it is a little galling when you know full well that without MP3 downloads you wouldn't buy one tenth as much as you do.

      Personally, I sort of hope the record companies do manage to stop all downloading - then they will go into the toilet that much sooner.

  16. Re:better start deleting.. by Anonymous Coward · · Score: 0

    "...he who is without sin ..."

  17. Copying CD's by rf0 · · Score: 1

    The way I'm looking at the article it seems they might be copying CD's and reselling them. The only difference between this and downloading is that they is some tangable physical media rather than it just being stored as 0/1's on your hard disk

    Short answer is that if you download music or just copy a CD is stealing. Its just how you feel afterwards that makes the difference

    Rus

    1. Re:Copying CD's by Anonymous Coward · · Score: 0

      Would you please stop misusing words like that?

      Claiming that copying is the same as stealing, would imply that stealing is the same as copying, and when a large group of people (I would say more than 50% of internet users, making it more than 50% of voters in some countries) agree that copying is not morally wrong, implying that stealing is the same as copying would make stealing not morally wrong.

      Just like those crazy americans claiming that thinking Bush is an idiot is the same as terrorism, makes terrorism just another word for free speech, which is still officially legal over there.

  18. aussie law by squeakygeek · · Score: 0

    In Australia, all automated photo speed traps by law are required to have at least three warning signs leading up to them... and yet they make millions of dollars per year off of them.

    I bet these guys will just get the boot (remember the simpsons episode?)

    1. Re:aussie law by Anonymous Coward · · Score: 0

      uh who told you that? Thats certainly not the case here in WA....

    2. Re:aussie law by squeakygeek · · Score: 0

      An aussie told me that when I was in Sydney last summer, and I saw the signs myself. Sometimes there's even 4. :)

    3. Re:aussie law by Anonymous Coward · · Score: 0

      I have lived in Sydney for every one of my twenty-six years. You are a fucking liar.

    4. Re:aussie law by squeakygeek · · Score: 0

      Could have been Cairns. Not sure. I DO remember seeing the signs, though.

    5. Re:aussie law by lendude · · Score: 1

      Not sure about other states, but in WA they stick a sign on the roadside AFTER the camera which indicates you've passed thru a radar check. Sort of like giving you the finger :p. I've NEVER seen a sign before a camera.

      --
      "Get off the cross - we need the wood" - Tori Amos
    6. Re:aussie law by TullyTyro · · Score: 1

      I'm in Cairns and I can tell you there is always only 1 sign approximately 3 feet from the camera van....always on the Southern Access Road.. :) (how far offtopic can we get:)

    7. Re:aussie law by squeakygeek · · Score: 0

      Now I'm confused. I remember there being 4 signs leading up to this speed trap... and it was more permanent-like. It had the speed detector on one post, and a camera on the next. It was on some kinda highway.

  19. Copyright is a NECESSITY by Michael's+a+Jerk! · · Score: 3, Insightful

    All the slashbots constantly whinge about how copywrite is wrong, patents are obsolete. Let's imagine a world where there is *no* IP. Making a living as a programmer is no longer viable. The whole field of software development will grind to a standstill. Do you think patents stiffile inovation? Imagine a world where if you invent something really cool, all the major hardware companies will mass-produce cheap knockoffs within weeks. You have no incentive to design at all. Companies will grow ever larger. IP might be a bad thing, but it's the lesser of 2 evils.

    --

    I'm not Seth.

    1. Re:Copyright is a NECESSITY by Anonymous Coward · · Score: 2, Interesting

      And how is this different today? Small inventors will invariably violate patents. Dragging the major hardware company to court doesn't get them anywhere. The legal costs are astronomical and the best you could hope for is a settlement which doesn't leave you with less than before. Even big businesses admit that they can't ensure that their products don't use others' patents without license. So much for patents.

      However, this is a copyright issue. I have a very hard time accepting that I'm supposed to pay twice for the same information if I want to listen to the same music in my car and in my home, or that I am not allowed to use my MP3-player because the information is not available in that format and I am forbidden to convert it myself (would have to circumvent copy-prevention systems to do that -> DMCA). I can also not understand how something which has been created decades ago, which has been milked for every drop of revenue, which has become part of our culture, is still not public domain and probably never will be. It is my belief that people *want* to create, regardless of the economic value. I do value the input of truly creative people and therefore I think they deserve copyright, but if the current copyright system is the result, I'd rather rely on their inherent drive to create.

    2. Re:Copyright is a NECESSITY by Michael's+a+Jerk! · · Score: 1

      Maybe I didn't make my point properly. I Don't support the DMCA, or any laws stifiling innovation. I'm in favour of whatever system results in a higher standard of living for the people.

      I think there's a fine line between a police state (that the RIAA et al want) and total anarchy (that the naive 13 year old slashbots want).

      The biggest problem is apathy. It's in the government's interest that most people don't vote. This means fringe groups and companies with an agenda get more sway.

      --

      I'm not Seth.

    3. Re:Copyright is a NECESSITY by Anonymous Coward · · Score: 0

      "Let's imagine a world where there is *no* IP. Making a living as a programmer is no longer viable. The whole field of software development will grind to a standstill."

      All the new software people want will no longer be available, driving prices up (demand and supply), making more people want to work as programmers, and the whole system finds a natural balance. This is what the free market is all about.

      Copyrights are an artificial limit on supply, similar to the five year plans that artificially limited supply of tangible goods in the old Soviet Union.

    4. Re:Copyright is a NECESSITY by richieb · · Score: 2
      Let's imagine a world where there is *no* IP. Making a living as a programmer is no longer viable.

      Hardly. Most programmers working today work on customized in house software that would be useless outside their own companies.

      You are also mixing up patents and copyrights, they are quite different. At least patents last for only about 20 years. Copyright at the moment last for about 150 years.

      The copyright laws have gotten way out of balance. I wouldn't mind such laws if copyright expired after 14 years. Having a 14 year monopoly on distributing a work should be enough.

      --
      ...richie - It is a good day to code.
    5. Re:Copyright is a NECESSITY by Anonymous Coward · · Score: 0

      "Let's imagine a world where there is *no* IP. "

      That's easy. There is no such thing as intellectual property. At best, government provides a "use monopoly" for creative works. But intellectual property is an oxymoron.

      "Making a living as a programmer is no longer viable. The whole field of software development will grind to a standstill."

      I make 6 figures (American) as a programmer, and I don't own the copyright on anything I do. So I would say that on the whole, you're full of crap.

      Give it up. You have a warped view of the world. You're wrong. Mistaken.

    6. Re:Copyright is a NECESSITY by JimFromJersey · · Score: 1

      > make 6 figures (American) as a programmer, and I don't own the copyright on anything I do.

      You are right, the company you work for owns (and profits) from the copyright so that they can pay you your salary.

      --
      between the greater and lesser infinities sleep the dreams undreamt
  20. MP3 website by flokemon · · Score: 1

    I was also considering they might have been selling copied CDs until I found other articles, explaining that they were running a MP3 and WMA website. In a way that probably made them easier to catch than if they'd been selling copied CDs. Clever.

  21. Here's a better link, without the crappy Flash by core+plexus · · Score: 2, Informative
  22. Re:better start deleting.. by Negatyfus · · Score: 4, Insightful

    Congratulations on the most obvious troll for the day!

    I agree to some extent that it's not very ethical to be sharing mp3's on your fave p2p network. I'm the last one to scream "but it can be used for good, too!" We all know what the primary purpose is. Fact remains, times are changing.

    P2p file sharing isn't going away. And I perceive that as a good thing.

    Information availability has been upped a few notches and now I can quickly access music and movies that before I could only dream of. I'm talking non-commercially available stuff. Will I have to wait before someone decides to release a DVD box set (that is very much over-priced)? No, but will I buy it if I deem it a valuable addition to my collection? Yes! No one ever bought a movie to watch it once and let it collect dust afterwards.

    This whole situation is called evolution. It happens and no one can do anything about it, no matter how hard they try. Some victims will fall, but in the end, the majority will benefit the most. No, I don't see mp3 file sharing as a severe crime punishable by jail time. That's just a shock-and-awe tactic that will get the music industry nowhere. They think "set an example!" and don't think in terms of human beings. What do they care? As long as they get out the message that they want. A person's life does not matter, nor does it matter that possibly this offender will fall victim to more severe crimes because of his social decline. If anything is criminal, this is it.

    The people will continue buying. Maybe a little less than before, but that may be for the better. Too much of anything is simply too much. Step off your high horse and see things in perspective. This is just an over-reaction and it's painfully obvious.

  23. Make up your minds!! by canning · · Score: 2, Informative

    From one article....[smh.com.au]
    "Three students have been charged with copyright offences over an alleged $60 million music piracy operation. "

    While another reports....[news.com.com]
    "Australian police said on Thursday they had closed down an Internet music piracy site and arrested three students in an alleged copyright scam that cost the music industry at least $37 million."

    --
    I love the smell of Karma in the morning
    1. Re:Make up your minds!! by Strepsil · · Score: 3, Informative

      Perfectly understandable if you assume the Australian newspaper is reporting the figure in Australian dollars, and news.com.com.net.com.org.com is reporting in US dollars.

    2. Re:Make up your minds!! by mosburger · · Score: 1

      From www.x-rates.com, on Apr 23, the Australian dollar was trading at .617299 U.S. Dollars (i.e., one AUD = US$0.62). $60m AUD times .617299 is about US$37m.

    3. Re:Make up your minds!! by Anonymous Coward · · Score: 0

      60million probably = australian.
      37 million = US$

  24. The facts by Jarlsberg · · Score: 1
    The linked article made it look like the students merely owned MP3s, but other, more detailed articles explains that the students had hosted a web site with links to mp3s. Apparently, one of the mirrors to their web site, MP3 WMA Land, has had 7 million hit in the past 12 months.

    Sigh... Kids. Of course RIAA and their Australian equivalent would put an end to this.

  25. Selling pirate copies? by Best_Username_Ever · · Score: 1

    Police said the alleged piracy concerned music, album covers and music videos from Universal Music, Sony, Warner, BMG, EMI and Festival Mushroom Records.

    Unless they were selling pirate copies of this material then I think this is a huge waste of energy on behalf of the police. Lord knows there are more sinister things being downloaded than pirated music.

  26. Then I guess we should call Radio by Anonymous Coward · · Score: 0

    Radio Warez sites. Like these guys are mental. IRAA
    Who says they never owned the music.
    Enough is enough. We're talking crappy recordings here. Big deal.What there doing is like recording the radio. Big crime....

  27. The significance of this is... by CaptainPotato · · Score: 4, Interesting
    ...that several Australian universities have cooperated in handing over the details of students without having to so do. Given that ISPs fight tool and nail to avoid having to so do, they did this without being forced to. As somebody who works at an Australian university (but not one of the ones targetted by the music industry), this is concerning (and, no, not because I pirate music - I don't), especially under the new privacy laws in this country. The privacy of the arrested students - regardless of whether they broke the law - was breached in the first instance by the universities handing over their details without being legally made to so do.

    BTW - another article about this can be found here.

    --
    I heard that your library burnt down and destroyed your only two books - and one was not even coloured in yet.
    1. Re:The significance of this is... by Anonymous Coward · · Score: 0

      G'Day mate! Let's put skippy on the barby and then watch some Neighbours!

    2. Re:The significance of this is... by jimmyharris · · Score: 1

      I work at one of the Australian universities that is being taken to court by the recording industry, and I can assure you that my university is fighting tooth and nail to not turn over any records without being ordered to.

      I'm not sure about the other two, and I'll leave you to guess which one I work at.

    3. Re:The significance of this is... by Anonymous Coward · · Score: 0

      One thing that is kind of interesting here is that IF the university handed over the details without being forced to, then it is a breach of privacy. This also is illegal in Australia, and therefore would enable either 1. The accused to sue the university (hey, easy way to get out of jail) or 2. The state to lay charges against the university for supplying them with the information (damn that one is confusing...)

    4. Re:The significance of this is... by Anonymous Coward · · Score: 0

      OT - awesome .sig! Reminds me of one of my favorite Gary Larson Far Sides...

      1st pane - Hello, welcome to heaven. Here's your harp.
      2nd pane - Hello, welcome to hell. Here's your accordion.

  28. Free money for government allies by joelparker · · Score: 2, Interesting
    This wastes our police, government and courts--
    and these MP3 problems get worse every week.

    If anyone in public office reads this
    and can advocate for better solutions,
    send me email and I'll donate to you.

    If you feel strongly like I do,
    try donating to EFF

    Cheers, Joel

  29. That darn trojan by Anonymous Coward · · Score: 0
  30. Re:better start deleting.. by GnarlyNome · · Score: 0

    Burn the first CD

    --
    Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
  31. Share Music and get ass raped by CrazyJim0 · · Score: 0

    Next target, libraries.

  32. Re:Death by hanging! by Negatyfus · · Score: 1

    You moderators are really missing the point I'm trying to make here. This is starting to look like a mass hysteria. Even Slashdot seems not to care anymore that a "crime" (read: offense) that is so easily commited can just as easily get you jail-time (possibly resulting in a very fucked-up life).

  33. future of sharing by Anonymous Coward · · Score: 0

    With the recent reports of printers being able to print electronics, it wouldn't surprise me if the whole economical system will change within a few decades, when not even hardware is safe for piracy. And what happens when/if we get machines that can produce pretty much anything we need, even food?

    1. Re:future of sharing by Anonymous Coward · · Score: 0

      In the year 2000, there will even be a machine that produces the machines that produce everything we need.

    2. Re:future of sharing by VanillaCoke420 · · Score: 1

      I can't wait!

    3. Re:future of sharing by anubi · · Score: 1
      All licensed on a per-use basis with a monthly fee.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  34. Re:Don't do the crime BAN VCR'S and tapedecks by Anonymous Coward · · Score: 0

    Oh, blow it out your ear....

    I tape songs off the radio and Im sure your mama has a VCR at home and she's taped at least one movie or TV show.

    The 'basics' are the same.

  35. Australian Jails... by ayjay29 · · Score: 0, Funny

    5 years in an Australian jail!

    So I guess the DMCA means that music fans really do get raped in the arse...

    --
    Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated up.
    1. Re:Australian Jails... by AlfredoLambda · · Score: 0

      Hey, you forgot the goatse link... :-D

  36. Damages by DreamingReal · · Score: 3, Interesting
    The industry estimates the value of albums downloaded by Web surfers worldwide was between $37 million and $44 million.

    The piece of information I want the most at this point is the source of these numbers. Everytime I read these articles and come across figures such as these, I smell bullshit. Are they pulling these numbers out of their arses? Is it fuzzy math? (i.e. one download equals one lost album sale) If it's the latter, I say they need to start producing *real* numbers, and not these mystical figures. IMO, claiming one lost album sale for every download is like charging a retail burglar for the MSRP value of every single item in the store, regardless of whether or not it was actually stolen.

    --
    We want some answers and all that we get
    Some kind of shit about a terrorist threat

    - Ministry
    1. Re:Damages by kinnell · · Score: 1
      The piece of information I want the most at this point is the source of these numbers

      Just speculation, but my guess is...

      Loss = Mean income from each son x Number of MP3 downloaders worldwide

      --
      If I seem short sighted, it is because I stand on the shoulders of midgets
    2. Re:Damages by Anonymous Coward · · Score: 0

      Yes, I hope the serious damages are awarded against RIAA for severe interfence, causing judicial prejustice, and otherwise colouring of the case - perhaps jailed for Contempt. Tacking on 'alledged' with all the pre-trial press contamination does not wash, given 3 other 'piracy' plugs in the same downbeat rag with subtle digs. They wil have to wait years before a fair trial can start now. Well and truelu OJ'ed.

    3. Re:Damages by Anonymous Coward · · Score: 0

      Given the fact that there is usually only one half-assed decent song on any CD. Yeah they can claim they lost the entire CD sale because of that single download.

  37. Does anyone know... by Polyphemis · · Score: 1

    What the standard jail time in AU is for things like murder \ manslaughter, rape, child molestation, distribution of illegal narcotics, etc? Just wondering where this law fits in the grand scheme of things over there.

    For an example of ridiculous overpunishment, in the USA, in Texas, possession of drug paraphernelia (a pipe with only the most minimal traces of pot, and nothing else) carries a fine only slightly less ($5-10 I think?) than assault and battery, or some similar crime. Wish I could remember, but someone I know had it happen to him. Pretty warped how justice systems work.

    1. Re:Does anyone know... by Anonymous Coward · · Score: 0

      generally, it depends on who you know, but for major crimes you're looking at a few months at a holiday resort, and maybe a slap on the wrist. When you get out you become a member of the organised crime cartels. For minor crimes they throw the book at you...

  38. Re:Don't do the crime BAN VCR'S and tapedecks by dipipanone · · Score: 1

    your mama has a VCR at home and she's taped at least one movie or TV show

    Psh. Yo' mama such a pirate she wears an eyepatch and has *every single episode* of the Jerry Springer show on tape.

  39. Only in NSW... by lucifer_666 · · Score: 1

    In the great state of New South Wales, yes, there are three signs, and it's pretty hard to miss them. Approx 1.5 metres accross. Heaps of people still get caught. In the rest of the country, especially here in Victoria, the bastards have got hidden speed cameras. Most aren't turned on - yet. In the tunnles under the city, the speed limit is 80 km/hour, and they'll fine you AUD$125 for going at 84 km/hr. What's more, the law was recently changed such that you can no longer know the "accuracy" of the device they used. Five years ago, the old radars had an accuracy of +/- 3km, so this amount was always taken from your recorded speed before getting fined. Now, with their bastard laser detectors, they don't tell you the accuracy of the recording. Speed cameras are fair enough but $125 for 4 k's over the limit is simply fund raising.

    1. Re:Only in NSW... by squeakygeek · · Score: 0

      In the US the tickets are a bit more expensive (mine was US$100), but you would never get one for going 4k's over. That really sucks about the hidden cameras :(

  40. Re:better start deleting.. by faaaz · · Score: 0

    Then cuff me and my friends, banano. You're going to need a lot of cuffs.

    --
    we come in peace / shoot to kill
  41. Criminal and civil law by QuantumG · · Score: 1
    For some reason I really think we're missing a large amount of information about what these three were charged with. Australia has pretty reasonable copyright laws. We don't send people to jail for copying things. We do, however, share the circumvention provisions which is maybe what they got charged under. Frankly, I have no idea what they've been charged with, because the reporting agency didn't find it necessary to get ahold of the indictment.

    On the hand, we do have the same civil laws as other countries, so I wouldn't be surprised to hear of Sony or some other media company suing these three, but prison sentences for something which doesn't appear to involve circumvention devices seems much less likely.

    This is kind of like hearing that someone has been imprisoned for slandering something. It's just not the way to treat citizens in a free society.

    --
    How we know is more important than what we know.
    1. Re:Criminal and civil law by Anonymous Coward · · Score: 0

      so these "protected cds" that are out...

      if you circumvent them and proceed to rip them.

      does that mean "go to jail"?

    2. Re:Criminal and civil law by gfim · · Score: 1

      I'm afraid that we do (or can, anyway). If you read the Copyright Act (see link somewhere above), it says that there is a 5 year maximum penalty for copyright infringement. Yes - it's a criminal act, not a civil one.

      Graham

      --
      Graham
    3. Re:Criminal and civil law by QuantumG · · Score: 1

      Have you read the act? It clearly says that there is a 5 year maximum penalty for "trading in unauthorised reproductions". i.e., selling unauthorized copies is illegal, but copying and distributing "not for trade" is a civil matter. Not that I condone this, in fact I think it makes more sense for copyright infringement to remain solely a civil matter when "for trade" because there an apparent monetary loss has occured.

      --
      How we know is more important than what we know.
  42. Re:Don't do the crime - price fix monopoly abuse by joelparker · · Score: 4, Insightful
    I don't understand what the fuck this has to do with "your rights online"

    I'll sketch a quick picture for you:

    1. Massive global corporations refuse
    repeated requests by their own customers
    for convenient ways to download and pay.

    2. Instead, these corps collude to fix prices,
    impede unsigned artists from radio airplay,
    bury studies showing that MP3 helps artists,
    and sue alternative distributors into oblivion.

    3. These corps lobby for draconian DMCA laws,
    push for spyware and denial-of-service attacks,
    force police and DAs to criminalize MP3 trades,
    use subpoenas and search warrant techniques,
    and seek terrible shock-and-awe punishments.

    4. Many governments call this monopoly abuse,
    for a wide range of probable legal reasons.

    5. P2P overcomes this monopoly abuse,
    even as it enables copyright violations.

    So I think the answers are less obvious
    than "don't do the crime" like you said.
    There are legal twists and turns to this.
    Cheers, Joel

  43. Re:better start deleting.. by fruey · · Score: 4, Interesting
    Yes! No one ever bought a movie to watch it once and let it collect dust afterwards.

    This is a misnomer. The DVD medium lends itself to kneejerk buying : it's a movie your friends may have raved about, it has special features. You buy it because it's about 10-15 bucks, and then you watch it once, don't enjoy it, and indeed it does gather dust. Or, you're a business traveller and you want something to watch on the plane, you impulse buy a DVD that looks OK at the airport in 5 minutes as you rush to get to the gate, to watch on your laptop. You never watch it again.

    I have done all of this. Half my DVD collection is unlikely to be watched again. Indeed, I would never have bought VHS tapes the same way, because I never had a portable VCR... but I have a laptop with DVD, a PC with DVD, and a home DVD player. Add to that quality, nicer form factor, special features that may make the DVD as a whole more valuable than just as a movie. And of course let us not forget that we can watch a particular scene and freeze it really well, just to see if there was indeed a hint of beaver in that sex scene ;-)

    Add in special features and extra content, and you have DVDs that you might buy (especially if you have a reasonable income) on a whim.

    Now, the scary thing with mp3 / DivX (why have I seen no articles about DivX and mpeg traders?) is that there are students being taken to court, fined and jailed. Students don't have much of a disposable income, and are bound to be ahead on the technology curve. I don't understand why they're being persecuted, because they are the ULTIMATE consumers of the future. Sure, I've downloaded the odd movie, but I'm in an income bracket now where a couple of DVDs per month is going to be par for the course for a long time. A lot of my friends, graduated say over 5 years ago, also have big DVD collections.

    Banks, restaurants, brandnames for clothes, dead tree publishers... these have all been known to give students breaks in order to keep them when their income starts coming in. This is the mistake the record industry is making, because they are missing the whole point. Students have always bootlegged, borrowed and stolen music. I can't quite understand it. The regular consumers are NOT doing this. It really screws with my mind to see this kind of intellectual property fascism. Consumerism is not the be all and end all of the whole world economy, let's hope that sooner or later a bit of clemency starts to happen especially, I have to say, in the US (by virtue of its being the biggest, most hardcore consumer economy in the whole world).

    --
    Conversion Rate Optimisation French / English consultant
  44. Corporate math by skilef · · Score: 1

    How do they come up with the figure of 37m anyway? It's not like all downloaded mp3's would be bought if there wouldn't be something like the internet.. Old discussion, I know, but isn't it obvious to think the justice department (or industry) just adds up all retail prices of downloaded mp3's? It wouldn't surprise me if the total sum of missed income is in the thousands instead of millions.

    --

    You do not exist. Go away.
  45. sent to jail instead of being sued by QuantumG · · Score: 4, Interesting

    Imagine if the headline read "Aussies Face Jail Over Slander". It really is a scary prospect! Slander is a civil matter and cannot result in criminal action being taken against the defendant. Copyright infringement is also a civil matter, but recent changes in law have criminalised certain acts which facilitate copyright infringement (such as the creation of circumvention devices) and it is probably this that the three in question have been charged with. This is "news" in that it is unprecidented for someone to face jail time for simple copyright infringement in Australia, but its probably just bad reporting.

    --
    How we know is more important than what we know.
    1. Re:sent to jail instead of being sued by Anonymous Coward · · Score: 0

      There is a crime of Criminal Slander in Australia. It is rarely used but it does exist. Copyright infringement (eg Video Piracy) has also been a crime for many years.

      Its not news.

      There is nothing in the article that says it is simple copyright infringement. You obviously haven't read it.

    2. Re:sent to jail instead of being sued by Reziac · · Score: 1

      The article is damnear content-free. Does anyone know what they actually DID?

      As written, it could be interpreted just about any way or no way. It almost sounds like "arrested for possession of stuff they bought".

      (And on that note.. wait til it becomes illegal to have mere *possession* of an MP3 that isn't RIAA-member licensed -- even if you made it yourself, from an album you own, or from your own original material. Yeah, it may not get that far, but it's sure what I see lurking in the background.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  46. it's not illegal, that's why it's news by QuantumG · · Score: 1

    As long as unauthorized distribution of copyrighted material over internet is illegal, this is a direct consequence. No news, really.

    Well that's the point. Here in Australia it is not illegal, but as we have no idea what laws these three are being charged under we can't make an informed protest.

    --
    How we know is more important than what we know.
    1. Re:it's not illegal, that's why it's news by satterth · · Score: 1
      Well that's the point. Here in Australia it is not illegal, but as we have no idea what laws these three are being charged under we can't make an informed protest.
      Maybe you can explain Aussi law to the rest of us on the other side of the big pond. What part is not illegal? Is copyright different over there?

      From the articals that i read, these students had a big website with links to many mp3s, wmas, and music videos. They were giving away copyrighted material as far as i know. And they got caught. Sure they are not the biggest fish out there, but they were the slowest fish.

      --
      Being called a dork on Slashdot must be like being called the retard in special ed.
  47. Ok....bail time or jail time by djupedal · · Score: 1

    Ok, so whom is going to be the first to volunteer to put up their bail?

    What's it worth to put your money where your music library is?

    I think it should be Don Henley.... seriously.

    1. Re:Ok....bail time or jail time by Anonymous Coward · · Score: 0

      I probably would if I had enough money to spare (and a lot of time).

  48. Music? by Anonymous Coward · · Score: 1, Interesting

    Did anyone of you actually LISTEN to the music they're producing the last years? I love P2P because it allowes me to get only the good stuff. After I got that I burn it (the GOOD stuff) to a CD-R where I paid taxes for. That is the new business model here and nobody/nothing can/will change this evolution.

  49. this *is* news by Unominous+Coward · · Score: 2, Insightful

    Whoever says that this isn't newsworthy, just remember that the philosophy being employed in the arrest of these teenagers is spreading to other parts of the world.

    It would set a very bad precedent if these kids were jailed.

    --
    "Smoking helps you lose weight - one lung at a time" -- A. E. Neumann
  50. Re:Death by hanging or by hypocrisy! by Anonymous Coward · · Score: 0

    I used to work for the United States Postal Service, and I watched a computer tech install the same software with the same license on three computers. I suspect the same installation occurred on two other computers. The USPS may have paid for multiple licenses but, the actual text of the license specified that a single license key was good only for one computer. This USPS is one of the biggest employers around with billions and is subsidized by massive government regulation, but they illegally installed software. Do you think the USPS is going to be sued? This is one of the many reasons I quit working for the fascist tyranny.

    The Point:

    The IP laws only protect the rich. People with the time to develop new IP and the money to hire lawyers are protected. For example, the government copies voice, data, and other communications that contain IP, but if I did that it would not only would be in violation of IP laws I would also be violating other peoples privacy.

    Another example of government hypocrisy:

    I have been denied equal access to education because I am a white male, but I heard Congresspersons praise the bombing in Afghanistan because the women did not have equal access to education.

    Sadly, I finished up my BSCS degree at a college not of my first choice, and now I am unable to find a job beyond being a Professional Seat Warmer for some corrupt telecom. Okay that is enough whining for at least a week or two. :)

  51. Copyright is only one possibility by iamacat · · Score: 2, Interesting

    Let's say there is no IP, but there is no program that satisfies my needs. There is however a website that says I can put down $100 and either get a program with specified feature list within 6 months or get $110 back. If the price and "interest" are chosen correctly, I will be motivated to invest if and only if I need the software. Freeloaders will be able to use the software, but they will not get any customer support unless they buy it, and they will not be compensated for waiting. In the same spirit, manufacturers of "cheap knockoffs" will chip in to produce innovations. Or, fans of an artist will pay him/her to record a song.

    Sure, this system has it's own problems. For example, some independent expert will be needed to verify that the new program fulfills the promise made to investors. Or, companies would have to establish their reputation. But the current patent/copyright system has problems as well.

    Basically, without IP rights, inventors or engineers will still be compensated for their innovation, but the amount will drop off over time and nobody will be able to live off 20 year old inventions. They would have to keep innovating. The result could well be better for an average user/listener/consumer.

    1. Re:Copyright is only one possibility by Anonymous Coward · · Score: 1
      Or, companies would have to establish their reputation.

      And register their trademark to protect their brand, by which their reputation is recognized?
      Ohh, but there is no IP, so you cannot protect your brand. Anyone can pretend to be Your Company.
    2. Re:Copyright is only one possibility by iamacat · · Score: 1

      I guess I should be more specific. I am talking about a society without copyrights and patents. Other, forms of IP, like person/company names or anti-plagarism rules could still exist. Yes, these too could be abused and this would have to be dealt with by passing and enforcing laws. But more broad IP laws do not automatically follow.

  52. What next? by jthorpe · · Score: 3, Interesting

    Living in Australia, I wonder how long it will be before the partially Government owned Telstra discovers that I've been downloading DeCSS (for playing DVDs I actually owned) and send police to lock me up in jail for 5 years.

    Makes me sick when there are people who are actually comitting crimes that harm people and society aren't even getting jail terms.

    1. Re:What next? by Anonymous Coward · · Score: 0

      Never. DeCSS is not illegal in Australia. Get a life.

    2. Re:What next? by mitsuhama · · Score: 1

      SO are region free DVD player (just ask the guys you buy it off) and MOD chips (thank the ACCC for that).

    3. Re:What next? by byolinux · · Score: 1

      you're obviously some kind of a terrorist.

      Why else would you not be running Windows? ;)

  53. Re:Don't do the crime - price fix monopoly abuse by Anonymous Coward · · Score: 0

    thank you for such a cogent, well laid out, counter argument.

    I basically went ballistic, jumped around the room, shot my 9mm into the sofa, and cursed his fiendish head.

    i pay for my music, but the guy you replied to makes me want put razon slits on his balls and then pour lime and salt on them.

    ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

    he thinks he's mad...

  54. My opinion by Sloshed_dot · · Score: 2, Informative

    What exactly is the difference between the Aussie's crime and lending an (honestly purchased) record to a friend? Selling it second-hand? Taping the record before you sell it?

    Clearly the artists must own the rights to their creations - but that does not guarantee they make money from it. When I buy a record I have bought the right to play it as often as I like, and for who I like. How could it be any other way?

    --
    fart/faart/(coarse) (v.intr.): emit intestinal gas from the anus. (n.): emission of intestinal gas from the anus.
    1. Re:My opinion by Silent+Johnny · · Score: 1

      Yes, you've bought the right to play it as often as you like, but only in private. As soon as you play it in public you are in violation of copyright. Read the small print alongside the edge of the CD. Sharing on P2P is (rightfully) considered public broadcasting.

      Please, as a musician, I would like to get something in return for providing you with music you enjoy. I know this is not what the big record companies are after, but there are (a lot) more record companies out there who actually try to do some honest business.

      There have been initiatives to launch pay-per-download services, with no success. Don't try to fool yourself folks! It's not the record companies that block successful services (I mean, there is such thing as free enterprise...), it's the fact that you can get it for free elsewhere that people don't want to pay for downloadable music.

    2. Re:My opinion by richieb · · Score: 2, Insightful
      There have been initiatives to launch pay-per-download services, with no success. Don't try to fool yourself folks! It's not the record companies that block successful services (I mean, there is such thing as free enterprise...), it's the fact that you can get it for free elsewhere that people don't want to pay for downloadable music.

      It's not that people don't want to pay - it's that people do not want to be ripped off. I use Emusic.com, which cost $10/month for unlimited MP3, no strings attached, downloads. Because they have lots of music I like (eg. jazz) I'm happy to pay and I get my money's worth.

      But if I had to pay $20/month plus $1 per song, plus extra $2 to burn it to CD - that's too much. Plus, if the song went away when I cancelled my subscription - that's a ripoff.

      So don't blame the people for not wanting to be ripped off. If you want people to buy stuff, you have to offer something they like at a price they are willing to pay.

      --
      ...richie - It is a good day to code.
    3. Re:My opinion by richieb · · Score: 1
      Please, as a musician, I would like to get something in return for providing you with music you enjoy. I know this is not what the big record companies are after, but there are (a lot) more record companies out there who actually try to do some honest business.

      ... and another thing. What if the recordings I want are of a musican who has been dead for 50 years? Who is to get the money?

      --
      ...richie - It is a good day to code.
    4. Re:My opinion by Sloshed_dot · · Score: 1

      I agree! You deserve to get paid. Moreover, I *want* to give you money so you can continue making nice music. I am sure everybody does.

      But how to administrate it? I certainly do not want to feed more bucks to the record companies. Come to think of it: Internet has already booted them from their little leech-niche in the music evolutionary tree!
      I say: Release all your music free on the net, then tell people to send you money if they want to! Make more tours if you want more money! Refuse to be controlled by the evil record-empires!

      Pathetically, this sounds like hippie slogans. Darn!

      --
      fart/faart/(coarse) (v.intr.): emit intestinal gas from the anus. (n.): emission of intestinal gas from the anus.
    5. Re:My opinion by Silent+Johnny · · Score: 1

      Nobody. The distribution / record company doesn't have to pay royalties, nor do you.

    6. Re:My opinion by Silent+Johnny · · Score: 1

      You are absolutely right. I'm not saying that nobody is prepared to pay, reality shows me the majority of P2P users are not, even if it would only cost them $10/month.

    7. Re:My opinion by richieb · · Score: 1
      Nobody. The distribution / record company doesn't have to pay royalties, nor do you.

      So are you saying that I can distribute MP3s of Charlie Parker's recodings legally? I don't think so..

      --
      ...richie - It is a good day to code.
    8. Re:My opinion by Sloshed_dot · · Score: 1

      Actually, you can. Provided he is 50 years dead (funnily enough, I thought Charlie Parker was still alive...scary)

      --
      fart/faart/(coarse) (v.intr.): emit intestinal gas from the anus. (n.): emission of intestinal gas from the anus.
    9. Re:My opinion by Silent+Johnny · · Score: 1

      As an artist, I would like to have someone take care of the commercial part of selling records. The music in my head is not that easily converted into a shiny disc / crispy Ogg data! It takes a lot of time and money. I can't ask the bank for a loan for a musical recording. That's what record companies are for.
      Like I said: there are lots of independent record companies out there. They also suffer from music piracy.

      What I meant to say was: if you want to use the big record-empires' business practices as an excuse for piracy, you should at least be so honest to support the smaller labels by buying their products!

      If you really want to listen to music without paying for it, there's always radio. Don't tell me commercial radio doesn't play what you like, because indeed it doesn't: it plays what the advertisers' audience likes. They are paying for the music.

      Bottom line is: if you want good music, pay for it, one way or another.

    10. Re:My opinion by Silent+Johnny · · Score: 1

      No, I'm saying you don't have to pay royalties to Charlie Parker's family when you decide to use one of his songs or make a 'best of' album.
      You do of course have to make a (legal / financial) arrangement with the owner of the recordings.

    11. Re:My opinion by Anonymous Coward · · Score: 0
      ... and another thing. What if the recordings I want are of a musican who has been dead for 50 years? Who is to get the money?

      The estate gets it.

    12. Re:My opinion by tcr · · Score: 1

      Release all your music free on the net, then tell people to send you money if they want to!

      As evident from the meteoric success of shareware...

      --


      Information wants to be beer.
    13. Re:My opinion by gfim · · Score: 1

      If you're in Australia and he's been dead 50 years then, yes, you can (some exclusions apply).

      Graham

      --
      Graham
  55. Re:Don't do the crime - price fix monopoly abuse by Anonymous Coward · · Score: 0

    You still dont get it. Let me paint you a simple picture:
    Let's say I'm a painter. I paint a crappy picture. Everyone wants it. Because everyone wants it, copies are made. ILLEGAL and DISHONEST copies. Regardless of how the average thief feels about it, it is wrong. The companies that market legitimate copies have EVERY RIGHT to fight the piracy that occurs. Words like draconian, collude, or monopoly abuse are beside the point. It is THEFT.

  56. Updated 2000, 2002: with Karma whoring links... by chathamhouse · · Score: 2, Informative
    The Act was first passed in 1968, but was ammended in 2000 and 2002.

    For the curious, you can download (.pdf, .rtf):

    the original act plus revisions

    the copyright act amendment, known as the Digital Agenda

    The reader will note that for the purpose of copyright infringement, actions that are not specifically allowed are considered to be infringing. Making .mp3's out of legally purchased CDs is technically an infringement, as it is not listed in the permissives, and not explicitly endorsed by (most) content producers.

    More specifically, you can check another government site to learn what they interpret copyright infringement as.

    I quote from the above: "Infringement of copyright can happen when works - such as paintings, books, computer software, films and music - are reproduced without permission from the copyright owners."

    Ignorance of the law is no excuse..

    1. Re:Updated 2000, 2002: with Karma whoring links... by Anonymous Coward · · Score: 0
      Ignorance of the law is no excuse..

      It is when the law is so vast and complicated even the best legal scholars need roomfulls of research staff to prosecute/defent a case of any particular importance. Even they don't know all the law.

    2. Re:Updated 2000, 2002: with Karma whoring links... by Anonymous Coward · · Score: 0

      Oh yeah, if the law IS so simple that everyone can be aware of all of it and apply it at all times, where did that saying 'a lawyer has a fool for a client if he's representing himself (pro se defendant)' come from?

  57. Hoarding by Anonymous Coward · · Score: 0

    If this teaches us anything it is to hoard your MP3's, don't share them - especially through file-sharing networks.

  58. Re:better start deleting.. by Anonymous Coward · · Score: 1

    you do well describing your OWN experience...which may or may not be similar to others.

    i have bought quite a few DVDs. But a quick mental note of friends and famil (say around 30 households)...and almost to the last, very few are buying DVDs.

    the ones that did buy, bought exactly for the reason you discounted.

    to collect it.

    lots of disney/pixar stuff, that will be played over and over and over.

    one guy had all deniro films.

    my aunt has 20 john wayne dvds.

    another loves the imax dvds.

    i agree with the rest of your post though.

  59. Re:Death by hanging or by hypocrisy! by Anonymous Coward · · Score: 0

    I'm sure the USPS has a volume key. I'm sure no one missed you after you quit, you sound like the whiny type.

  60. I have a defence they could use ;p by standsolid · · Score: 1
    Aussie lawyer approaches jury

    "Ladies and Gentlemen,

    Pulls down picture of Chewbacca

    "This is Chewbacca. Chewbacca is a Wooky from the planet Kishic, but Chewbacca lives on the planet Endor. Now think about it. That does not make sense.

    "Why would a Wooky, an eight-foot-tall Wooky, want to live on Endor with a bunch of two-foot-tall Ewoks. That does not make sense. But more important, you have to ask yourself what does this have to do with this case.

    "It does not make sense. Look at me. I'm a lawyer defending a major record company and I'm talkin' about Chewbacca. Does that make sense? Ladies and Gentlemen I'm am not making any sense. None of this makes sense. And so you have to remember when you're in that jury room deliberating and conjugating the Emancipation Proclamation, does it make sense? No. Ladies and Gentlemen of this deposed jury it does not make sense. If Chewbacca lives on Endor you must acquit. The defense rests."

    juror's head explodes


    it's sure to work!
    --
    WTPOUAWYHTTOTWPA
    What's the point of using acronyms when you have to type out the whole phrase anyways?
  61. Re:Don't do the crime - price fix monopoly abuse by Dot.Com.CEO · · Score: 2, Insightful
    ??? Ever heard of listen.com? Go there.

    Please don't give me stupid arguments about civil disobedience to stupid laws. This is not civil disobedience. It is plain and simple copyright violation. You do have an alternative - RAISE YOUR VOICE. Write letters to the companies you consider to be perpetuating the situation saying "oh well, you know, IF you had a service that allowed me to download unrestricted music for a reasonable price, I'd go there". But no! You go on with the same stupid argument that "there is no place I can legally download music" to justify something that is not only ILLEGAL, but it is also WRONG.

    To sum it up, go to listen.com, see the list. I mean, 10000 ALBUMS ON LINE NOT ENOUGH FOR YOU?

    --
    Mother is the best bet and don't let Satan draw you too fast.
  62. Re:Don't do the crime - price fix monopoly abuse by Anonymous Coward · · Score: 0

    let me paint YOU another picture.

    I'm a painter 300 years ago. it was an absolute bitch for me to paint more then one painting in one month. duplicates were highly unlikely.

    if my shit was in demand, then the price was fucking astronomical. ...now fast forward to modern times. your average joe DOES NOT WANT TO PAY FOR MY ORIGINAL. whether it's an oil painting, a live symphonic performance, or a poem.

    but they'll take a cheap copy.

    100 years ago, a cheap copy was STILL somewhat pricy, because the media itself for duplicating art was still not very good. people were recording on wax cylinders, setting type face by hand, photographic process was still young.

    today, we have come close to perfecting the process of creating duplicates. so close to perfection that we can make the material cost a tiny fraction of the total cost. we can thank modern photography, computers, digital media and other techology for that.

    basically it comes down to this.

    "it is theft"

    but stealing a rock out of your front yard would be more of an offense.

    that rock is unique. you won't find another just like it to replace it.

    if you steal a paper copy of an original photograph i took, and 20 million other copies exists. it's trivial to replace it.

    do you understand what is happening? i don't really think you do.

    Party A is saying this "widget" has value X.

    Party B is saying "no", the "widget" has value X-90%

    Party A can try and artificially keep the price of the widget up, despite technological advances, and market forces....but eventually a gray/black market will emerge.

    the target audience IS telling the RIAA something very important.

    "we don't like the way you run your business"

    you bullshit yourself,

    try and paint it black and white (such a simple little mind you have)

    but if the RIAA, like you, refuses to listen, natural market forces will force it out and a new system,with new players will take it's place.

  63. Re:Don't do the crime - price fix monopoly abuse by LX.onesizebigger · · Score: 1

    Oh, we need to tell the music distribution industry we want their products delivered in another way and at a lower price. Why didn't anybody think of that? I am going to inform the conglomerates of this right away; I am sure they will be delighted to listen to my input. I am sure their current mode of operation is only due to the fact that nobody told them their business model is outdated, so how could they know?

    --
    I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
  64. Re:better start deleting.. by fruey · · Score: 1
    Many people collect, and they're in a different category. However, I was providing a counter argument to the first post, rather than an all-round argument. Clearly, DVDs are bought both to collect but also on impulse, especially for those in higher income brackets.

    Thanks for the reply.

    --
    Conversion Rate Optimisation French / English consultant
  65. Re:Don't do the crime - price fix monopoly abuse by Anonymous Coward · · Score: 0

    read the other guy's reply.

    and besides, who said it was civil disobedience?

    mister dot com ceo.

    what a gay fucking name.

    have you ever heard of humility?

  66. How does one "steal music"? by Anonymous Coward · · Score: 0

    Do the owners of the music lose it after you steal it? if not, it's not stealing. Looks like the people you are accusing of not knowing the basics know the basics better than you do!

    What it boils down to is that companies who don't want to admit that their methods are outdated and move on to better systems are trying to clamp down on any form of progress, and punish forward-thinking individuals.

    Imagine if, in the 1930s, the powers that be decided that car companies were just becoming too big for comfort and decided to put a stop to it. I can see it now:

    Aussies Face Jail Over Cars

    After many years of battling, the RIAA has decided to pressure world governments into stopping the spread of illegal transportation devices known as cars.

    "We tried to go after car manufacturers, but have had no luck, so we are going after car-owing individuals," explains the RIAA representitive we chatted to.

    "What people don't realise is that by accepting and using this illegal means of transportation, people are losing their jobs. Horse breeders don't get a cent from these illegal car networks."

    The jail term for using a car instead of a horse in Australia is 5 years.

    Sounds ridiculous, doesn't it? Well so is jailing MP3 file traders.

  67. Re:better start deleting.. by echucker · · Score: 1

    Students don't have much of a disposable income, and are bound to be ahead on the technology curve. I don't understand why they're being persecuted, because they are the ULTIMATE consumers of the future.

    Easy. The industry has always been short-sighted about this. All they know is that they've picked a target with little resources to fight back.

  68. Re:Don't do the crime - price fix monopoly abuse by Dot.Com.CEO · · Score: 1

    Don't like it? Don't buy their music. That's what I do, actually. If you care about changing the world, do it properly. Don't kid yourself that you are part of a revolution, you are definitely not.

    --
    Mother is the best bet and don't let Satan draw you too fast.
  69. Re:Don't do the crime - price fix monopoly abuse by zank · · Score: 1

    Well, the page tells me I have to use a Windows computer so can take this service and shove it.

  70. Re:Don't do the crime - price fix monopoly abuse by Anonymous Coward · · Score: 0

    god give it a rest.

    is this what karma is about?

    so we can hear this blow hard over and over and over and over?

    blowhard (Score: 2)

    20 fucking posts later

    blowhard (Score: 2)

    sheesh.

  71. Is this a good thing? Maybe. by GospelHead821 · · Score: 1

    The first question this raises in my mind concerns whether or not the law that imposes such a penalty on copyright infringement is new. Was existing copyright law amended to allow for stiffer penalties, since the possible magnitude of copyright infringement only becomes greater with so much information available digitally? Even if the law is new, is it merely an extension of existing copyright law, but applicable to all copyrights? Does it affect only copyright law and not other aspects which may affect copyright infringement?

    If the answer to an/all of the above questions is yes, then I think this is a good thing! It means that the large-scale infractions of copyright law are still capable of being dealt with by simple applications of current laws or laws that deal specifically with copyrights. It demonstrates that one does not need a law like the DMCA (or the so-called super-DMCA's) to protect the rights of the music industry (as much as we like to whine, they do have rights).

    --
    Virtue finds and chooses the mean.
    Aristotle, Ethica Nichomachea
  72. Even the 'entertainers' download the music by Ambush · · Score: 2, Interesting
    Until recently I was working at a Melbourne company (ie; in Australia) run by a very well known entertainment industry celebrity. When fixing his computer I noticed he had quite a swag of mp3's which his secretary said he routinely downloaded from the various sites.

    Not that it means anything I suppose, but it's amusing how blatantly obvious it is that it's not the entertainers (singers, etc) but rather the **AA who are out for blood.

    I wonder what would happen if one of their own were found to have a collection of unlicenced music. Any bets on if it would even see the light of day?

    --
    There are 10 kinds of people; those who know ternary, those who don't, and those now hunting for a dictionary.
  73. Re:Don't do the crime - price fix monopoly abuse by richieb · · Score: 1
    ?? Ever heard of listen.com? Go there.

    Is this the service where your music files will disappear from your computer when you stop paying? Or the one where you have to pay extra to burn songs to CD?

    Thanks, but no thanks. I use Emusic.com - I get all MP3 I want for $10 bucks a month - no strings attached.

    --
    ...richie - It is a good day to code.
  74. Mp3WmaLand by Frogbert · · Score: 0

    For those who dont know these students ran mp3wmaland mirrors:
    http://web.tiscali.it/no-redirect-tiscal i/mandymoo re/index2.html

    http://mp3wma.spydar.com/

    http://mp3wma.4-all.org/

    http://mp3wma.funurl.com/

    http://mp3wma.shorturl.com/

    http://mp3wma.myacen.com/

    and so on.

    I can personaly say that these sites were good to download music videos if you didnt mind poor quality. Most of the clips are taped off "Rage" or "V" (Australias version of MTV) or they were downloaded off IRC. Im gonna miss these sites personaly.

  75. To jail with all librarians by Anonymous Coward · · Score: 0

    They are sharing copyrighted books with everyone. Execute them, hang them BUTCHER THEM quick before the Book-industry association gets it!!!

    This is all insane. Our worthy police(wo)men, judges, attorneys, detectives etc. have MUCH better use of their time than trying to catch electronic music librarians. Why don't they hunt down some drug dealers, some terrorists or maybe some evil monopolistic companies?

  76. Re:better start deleting.. by Negatyfus · · Score: 1

    Agreed. The thing that gets to me is that I can get at more stuff, and I do, but I still buy DVD's on a whim and will go out to buy this and that DVD if I think it is really worth it. I simply don't see my use of file sharing as a crime severe enough to warrant a jail sentence. It's like jailing pot smokers. Over here, we have public coffee shops in which we do that undisturbed by the law.

    No material is gone missing and I do not think I would buy less products if I didn't have file sharing. I'm not going to say 'on the contrary,' because I also don't believe that to be true. It just allows me to see more of what's out there and that makes me happy. I would never buy all that stuff.

    It doesn't make it alright, but I sure benefit from it and I don't see anyone getting worse from it.

  77. Re:Don't do the crime - price fix monopoly abuse by Tim+C · · Score: 1

    It's only availble to US citizens. What do you propose the rest of us do?

  78. Probably criminals by ralphclark · · Score: 1

    The article points out that a number of individuals were involved and that the copyright offences album covers. If they were copying covers as well as the music doesn't that tend to indicate that they may have had a fully fledged commercial pirate CD manufacture operation going? Not the same thing as a kid innocently downloading MP3s onto the PC in their bedroom.

  79. Re:better start deleting.. by Anonymous Coward · · Score: 0

    The music industry doesn't care. Their business model was starting to fail before Napster, and what we're seeing now is an attempt to both grab as much money as possible and try to lock in some subscriber's fees for the future. The money is for the executives in the record companies. They've pretty well been calling everyone "music pirates" lately because they can. They've won almost every lawsuit they've pushed, and emboldened as they are, they have nothing to lose from a "you're a pirate, prove us wrong" publicity report. It just brings it home to see college students sued for $90 billion. I suppose they're also trying to shock people into deleting their pre-existing mp3s. They're not good people, and whatever side of the copyright fence you fall on, listening to these people is _never_ in your benefit.

    The record industry wants people to do whatever they tell them, and the successes they have now are going to lead to a group of people that have a copy of each CD for the house, boat, and car; a computer without even the capability of copying songs off of those CDs; subscriptions to several music services (so songs can be gotten from all the labels); and an endless supply of being treated as thieves and liars.

    I remember when I first got a computer with a CD-ROM (around 1996, I guess). I had the bright idea of copying songs off some of my CDs to my hard drive so I could have a better listening experience. I didn't understand why it wouldn't work. Now I do.

  80. Oh, that explains it! by Anonymous Coward · · Score: 0

    "an alleged $60 million music piracy operation."

    That's australian dollars. In US dollars, that's more like $485.39.

  81. Re:no fun. Germans by panurge · · Score: 3, Interesting
    In Germany, people never used to jaywalk. They waited religiously for the Grüne Mann. Then one day in Munich I was crossing the road with a guy who had recently left East Germany, literally the day the Wall came down. He marched out into the traffic. People blew horns. I shouted at him to come back. He replied "Hitler and Stalin were possible because people behaved like sheep. Germans must learn not to be sheep!"

    And that's the answer to the likes of the RIAA. Laws are supposed to reflect the beliefs of society in general, not special interest groups. If society believes that the present copyright laws are a mistake, people must not behave like sheep.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  82. Re:Death by hanging or by hypocrisy! by Anonymous Coward · · Score: 0

    No the license specified one key per machine. If the license was a volume key it would still be illegal.

  83. USD vs AUD by Captain_Chaos · · Score: 1

    America is not the only country that has dollars you know...

  84. When did Australia turn into Der Fatherland? by BigChigger · · Score: 1

    This is unreal. I'm thinking it's about time we took to the streets.

    BC

  85. What Loss? by Creep73 · · Score: 1

    "Copyright infringements cause considerable financial loss to the music industry and the AFP are pleased to cooperate with industry bodies to investigate cases such as this which can amount to a serious breach of the law," Mr Negus said.

    This just never made since to me. If the music industry is losing so much money how can they afford to be spending so much in searching out all of these people. Am I supposed to feel sorry for these companies who, though losing massive amounts of money still have enough to finance very powerful lobbyist and investigative groups? I would also like to know how they can assume what their "losses" are because of these activities. I personally do not keep a large stash of MP3s of CDs I do not own. There have been times that I have downloaded an MP3 of a song or 2 and that encouraged me to buy the groups CD. How do they figure that into their losses. MP3s are NOT CD quality and if you want CD quality you will buy the CD. I believe that a good quantity of people who file share download things they normally wouldn't buy to listen to a few times and or they just do not have the money to spend on the CDs. If this is the case they music industry isn't losing much at all. I could be wrong about this however, I just can not see it being as big of a problem for the music industry as they say. I think greed and power is occupying the minds of those music companies. If this is the case the only way to get them to stop is to damage their corporate pocketbook.
  86. Why don't we use the DCMA to turn the tables? by corporatemutantninja · · Score: 1

    Think about it...someone (not me) should write a new P2P file sharing system with really basic encryption (i.e., shift all characters one to the right) and then sue the RIAA into the stone age when they "crack" the encryption in order to go after pirates.

    --
    Actually, I was trying to be Insightful, not Funny.
  87. IUMA by pvc · · Score: 1

    I tend to get a lot of good stuff from IUMA. They have a way to buy the CDs from artists you like as well. Do folks know of many other sites like this (aside from mp3.com I guess)?

    pvc

  88. Typical slashdot by megazoid81 · · Score: 1
    It's short on details, but presumably they weren't running a P2P network.

    If it is short on details, who is Slashdot to make these presumptions? This is a little bit like unabashed Slashdot-style Microsoft-bashing, when not enough is known and the editors take their potshots at Microsoft anyway, driven by personal biases.

  89. If that worked... by MisterMook · · Score: 1

    Then killing a large number of boneheaded politicians would make a dent in the weird laws that cropped up each year. This might be true, but if the French and American revolution are any guides then I doubt it. ON the other hand, for short term effect I suppose the Nuremberg trials and WW2 worked ok if you discount the staggering amount of power those politicians that were left had.

    Lesson? Kill off the criminals and you just get fewer, more powerful criminals.

  90. Creative Commons, towards 'free media' repository by ClarkEvans · · Score: 1

    Along time ago RMS decided to fight proprietary software by introducing the GPL and free software and the Free Software Foundation. The FSF provided a great service, it was one-stop-shopping for GPL'd software. Anything you downloaded from the FSF is safe, free of imperial entanglements.

    What we need is an new music format with several parts to it; the first part specifies the license for the file (in particular the creative commons license number), the second part is a digtal signature of some authoratative source, perhaps the CreativeCommons can do this, and the third part is the music itself.

    If the CreativeCommons or some other authority could start digitally signing content which is 'free' then we will be well on our way to eliminating the RIAA and providing a justification for peer-to-peer browsers.

  91. Different Laws by phorm · · Score: 1

    There are various laws, and various degrees of penalty - generally based on the criminal action. How you can in any way compare sticking a gun/knife/etc in somebody's face and physically removing a product - to downloading an Mp3 file (no physical product loss, no mental trauma) is beyond me.

    Yes, a fine should probably be in order. Piracy really isn't the best solution, but jailing somebody for mp3's when there are real thieves (piracy != theft), rapists, murderers out there is ludicrous.

    Now really... a headline comparable to yours would be if somebody walked into a music store and held them up for CD's, or perhaps - to a lesser extend - bought music online with a stolen CC

  92. What Happened to Australia? by ablair · · Score: 1

    Can any reader from down under enlighten me as to the recent change in directions Australia has taken in the past 2-3 years? Everything from new export restrictions, DRM crackdowns like this, and immigrant internment camps are uncharacterisitic for what I thought was a liberal democracy. For someone that has never been there but listens to the news, this and many other recent changes amount to what seem like pretty drastic policy changes. What's going on?

    1. Re:What Happened to Australia? by Anonymous Coward · · Score: 0
      Basically, since 1998 we've had a nasty, small-minded prime minister who uses "wedge politics" and reactionary policies (like detainment for asylum-seekers) to divide the left in the country along class lines, thereby shoring up support from "aspirant" working class types.

      It's hard to explain without going into a full history of Australia, but the previous Labor(ie 'liberal' in US-speak) government left many traditional Labor voters feeling disenfranchised because it was seen as intellectual and "arrogant". There is a strong anti-intellectual streak in Australian culture, and to be fair, they probably had a point. Meanwhile, Australia's trade policies and increasing globalisation have resulted in our farmers facing declining export markets, the manufacturing industry virtually dying and the regional dwellers feeling alienated from the city.

      Result = lots of unhappy people, easily swayed by blaming Asian and Middle East refugees (although those illegal immigrants are in fact outnumbered by illegal immigrants from countries like the UK and NZ).

      But hey, look at what you folks in the US have to put up with for a leader.

  93. Re:Creative Commons, towards 'free media' reposito by Anonymous Coward · · Score: 0

    heh, use MIME to include MP3 and a Signature in the same file

  94. three strikes by braman · · Score: 1

    Now morally speaking, of course, MP3 thieves deserve the death penalty, but that seems a little inefficient when a lesser deterrent will work just as well. Why don't they pass a three strikes MP3 law? Or mandatory *minimums* instead of maximums. It's worked with the crack cocaine problem - crack has been pretty much disappeared from our inner-city streets since we declared our war on drugs.

    Donald Braman

  95. Hear hear! With a caveat... by PaleBoy · · Score: 1

    I can't agree more. However, you look at the article, and it suggests that these kids were doing more than just freeing information: they may have been profiting from it:

    " Police said the alleged piracy concerned music, album covers and music videos from Universal Music, Sony, Warner, BMG, EMI and Festival Mushroom Records."

    The inclusion of covers on that list gives me the impression they were repackaging the cds, possibly to resell them.

    It's hard to wave the "Information Wants To Be Free!" banner when you are profiting from cd sales yourself.

    Whatever the case, though, 5 years is an absurd amount of jail time.

    --
    ------ What's sadder than realizing you've filtered out your own comments?
  96. Re:better start deleting.. by Anonymous Coward · · Score: 0
    there are students being taken to court, fined and jailed. Students don't have much of a disposable income, and are bound to be ahead on the technology curve. I don't understand why they're being persecuted, because they are the ULTIMATE consumers of the future

    I see your point, but consider this. Most music that is commercially available today (I'm talking whatever passes for Top 40 nowadays) are targeted toward pre-teens to college students. Spending their parents' money, perhaps? By the time you turn 21, the music industry doesn't care about you anymore. They'll still sell you the same old acts you followed in High School, but their new offerings are targeted toward the new 7th graders.

    Sure, you have a stack of DVD's, and probably some of them are new. But is your CD collection full of the latest new tunes from the teenybopper of the month? If not, than you are obviously a filthy commie pirate. Because everyone loves the teenybopper of the month, or they wouldn't be popular.

  97. It's funny... by zenasprime · · Score: 1

    jail time for students swaping mp3 files while Corporate CEOs and other top suits escape the law and get even higher paying jobs for stealing Billions for stock holders. Go figure.

    -z(p)

    1. Re:It's funny... by zenasprime · · Score: 1

      "for stock holders" should read "from stock holders". Either I should learn to proof read my shit before hitting the submit button. Sorry for the confusion.

      -z(p)

  98. Prison? by michaelhood · · Score: 1

    Isn't that place already a penal colony, anyways? Where have I been?

  99. Re:better start deleting.. by Anonymous Coward · · Score: 0

    The DVD on the plane point reminded me of something I've been wondering for a while. When I've got a long flight coming up, what if I went to rent a DVD and ripped it to my hard drive then left it back. If I then do not watch the film until the flight, and delete it afterwards, is that morally (not legally - DMCA et al make sure of that I think) wrong?

    I'm of the view that that should be ok. I know the law would see it differently, but I'd wonder what other people would think

  100. Re:Death by hanging or by hypocrisy! by Anonymous Coward · · Score: 0

    Volume licenses use the same key for all copies. It's called a corp key on MS products. A site license gives you a key that you use everywhere. No one managing hundreds and thousands of computers would ever put up with individual licences.

  101. Super... by clambake · · Score: 2, Funny

    So, take productive, tax paying, probably highly trained (computer geeks tend to be the biggest mp3 collectors) members out of your society, along with whatever money and goods they would be contributing back to the economy, and spend lots of additional money to store them in prision. Don't forget the fact that they will have a hell of a time finding work once they get out, couple that with the intensive criminal training they will receive by associating with known felons, and the end result is that you not only decimate your economy, but you breed a clan of highly intelligent uber criminals who would like nothing better but to run the state even further into the ground. Yeah, sounds like a plan. At least the RIAA will have enough money to hire 24/7 body guards to protect them when the world decends into anarchy... Well, at least until one of those newly trained bad guys gets his home made rail gun up and running...

  102. Re:Don't do the crime - price fix monopoly abuse by vegetablespork · · Score: 1
    makes me want put razon slits on his balls and then pour lime and salt on them.

    Dude, you need help :).

    --

    Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  103. Not MP3s by Anonymous Coward · · Score: 0

    The article mentions nothing about MP3s. All it says is that the piracy concerns music, album covers, and music videos. It's entirely likely that these people really were pirates, selling somebody else's music.

  104. Re:no fun. Germans by Narcissus · · Score: 1

    I'm sorry, but people with that kind of attitude shit me: what would he have done if one of those drivers decided not to be a sheep and ran him down?

    Some rules and laws exist to keep people safe. DMCA? Go for your life. Don't be a sheep in that respect. But if you think that by not walking out into the middle of the road in traffic you're being a sheep, and that that's a bad thing, then you're a moron.

    Show some respect for your fellow man. Be a sheep, but in the good sense of wanting to help others out.

    Just remember: if you do walk out into that road because you're not a sheep then you better watch out, as I might just drive into you, with thanks to your "vision".

    However, if you decide you're not going to be a sheep and allow blacks onto your bus, then you may still need to watch out, because you're bound to piss someone off, but I might just be there to look out with you, with thanks to your "vision".

  105. Re:Don't do the crime - price fix monopoly abuse by LX.onesizebigger · · Score: 1

    That's actually exactly what I do. I haven't bought a CD since I received one as a gift that wouldn't play on my computer's CD-RW drive - both the CD and the drive (which was the only player I had) carried the CD logo, but the CD had been broken by IFPI (I have since come across another such disc (how about that, they can't even spell disk properly), borrowed from a friend. Of course, the loss in sales is just more fuel for the distribution industry's crusade, so I think us `revolutionaries' are a bit fsck'd anyway.

    --
    I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
  106. Re:Death by hanging or by hypocrisy! by Anonymous Coward · · Score: 0

    I know what a volume license is, but the license text disallowed such licenses. It said one unique key per system, and not just one key per system. There probably was a volume license, but it was forbidden by the license text. It is like copying a Music CD you paid for, but the license does not allow you to do so legally. So, even if you paid for it you are still breaking the law. I have written licenses for my own software and licensing server software. I know that what they did was illegal.

  107. What an excellent idea. by Charcharodon · · Score: 1

    I always found down shifting and reving the engine a better deterent to jaywalkers. If you kill them then they won't learn nothing. Even if they don't change their ways, at the very least they tend to pick up the pace and dive for the sidewalk as I swerve in their direction.

  108. Huh? by FunkyChild · · Score: 1

    Of course it's illegal here. We're part of the Berne Convention. In fact some of our copyright laws are even stricter than in other countries eg. no fair use exceptions for time or medium shifting. In the letter of the law, it's illegal for me to rip my CDs to my iPod, although of course this is never enforced, and can't be anyway.

    Info about AU copyright laws here: http://www.copyright.org.au/

  109. Obvious Troll by pen · · Score: 1

    I think it's pretty obvious that this is a troll...

  110. eh..... by Anonymous Coward · · Score: 0

    If your Jo Blow downloading metallica mp3's at home for your own use, don't expect the Australian Federal Police to bust down your door and drag you away. If you run an mp3 downloading service that you derive income out of, and are based in Australia, I would be barricading the door and building an escape tunnel.

    Even the Australian Record Industry Association has released a press statement saying that small time p2p sharing by induviduals probably increases CD sales, due to increased exposure and its ön demand" nature, I don't buy a CD nowdays without listening to a few mp3s i downloaded on the internet. CDs have competition from DVD, computer games, and the various other entertainment mediums screaming for our hard earned dollars. We are more dicerning and less likely to buy "spice girls do christmas" type pieces of, lmao, "intellectual property", than we were ten years ago. The record industry is going the way of the coal industry. I don't heat my home with coal anymore, and I don't buy much music on CD anymore, there are better mediums.

    The above mentioned factors will contribute to almost all of the % of profits they have lost since the heyday of the mid ninties that the music industry is bleating about, with organized, criminal piracy staying at about the same level as in any western country since, well, forever.
    (why manufacture gucci handbag knockoffs when you can create pirated CDs easier, no change of intent involved in the switch there).

    Shall we stiffle the inovation of thousands of potential and existing industries to protect the outdated methods of one highly vocal one? I dare the RIAA to take on the telecomunications industry for providing the oportunity. That won't happen, 4ft tall people generally don't go around picking fights with 7ft tall ones.
    Brain discoupling procedure initiated, braindump complete.

  111. learn the difference between civil and criminal by QuantumG · · Score: 1

    It is unlawful for you to violate copyright. It is not illegal. The two are very different things. However, in Australia it is illegal for you to sell unauthorised reproductions. The difference between unlawful and illegal is easy: unlawful is where someone can sue you, illegal is where the police can arrest you and you can be fined or go to jail.

    --
    How we know is more important than what we know.
  112. Why do you think the Aussie Dollar is at 61 cents by cdn-programmer · · Score: 1

    Well - the US legal system is pretty bad too.

    We are just dealing with the criminalization of the computer industry that is all

    Ignorant people are doing ignorant things. :-)