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RIAA Apologizes for Incorrect Infringement Notice

theradixhunter writes "News.com is reporting that the RIAA has apologized to the Pennsylvania State University for sending a threatening letter making an incorrect allegations of copyright violations. It appears that the automated system that the RIAA uses picked the term "Usher" and the extenstion ".mp3" on an FTP site hosting the work of Professor Emeritus Peter Usher and falsely assumed that the files were songs by the musician Usher. The university accepted the apology saying "that this was an honest mistake by the recording industry" and Spokesman Tysen Kendig said Penn State "remains committed to working closely with the RIAA"."

483 comments

  1. Perfectly reasonable by YellowElectricRat · · Score: 5, Funny

    I'd be happy if the RIAA deleted every file in the world containing the strings 'Usher' and 'mp3'. Sure, there could be innocent casualties, but think of the lives that would be saved...

    1. Re:Perfectly reasonable by Gortbusters.org · · Score: 1

      Way to go martin! ;)

      --
      --------
      Free your mind.
    2. Re:Perfectly reasonable by RTPMatt · · Score: 1

      the scary part will be when they begin appoligizing for 20 years of wrongful imprisonment

    3. Re:Perfectly reasonable by Anonymous Coward · · Score: 0

      Gortbusters is a known troll. Don't feed him, please.

    4. Re:Perfectly reasonable by Anonymous Coward · · Score: 0

      Too bad downloading mp3s is NOT stealing.

      Go buy a dictionary.

    5. Re:Perfectly reasonable by stanmann · · Score: 1

      Martin Luther?? the german monk who helped set off the protestant reformation in 1517??

      Or Martin Luther king the Black preacher who helped set off the civil rights movement in 1955??

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    6. Re:Perfectly reasonable by Anonymous Coward · · Score: 0

      Here's a simple answer that I'm sure will have them all running to sue me, and I fucking welcome it because I'm a loud-mouthed braggart desperately itching to publicly humiliate the RIAA.

      FUCK RIAA AND THEIR BITCHES TOO!

      Tell Jack Valenti to bring it and I will publicly rape him like the dog he is!

    7. Re:Perfectly reasonable by hesiod · · Score: 1

      > by Anonymous Coward
      > because I'm a loud-mouthed braggart desperately itching to publicly humiliate the RIAA.

      But not loud-mouthed enough to be named?

    8. Re:Perfectly reasonable by EvanED · · Score: 1

      I did. In fact, it's the OED. And you're wrong:

      steal, v(1)

      I. To take dishonestly or secretly. ....
      d. In wider sense: To take or appropriate dishonestly (anything belonging to another, whether material or immaterial). [dates from 1275]

      -The OED online

    9. Re:Perfectly reasonable by Anonymous Coward · · Score: 0

      They'll never apologize for wrongful imprisonment. They'll just leave you there to rot anyway.

  2. finally by tetro · · Score: 2, Insightful

    finally, a public apology. Didn't this happen a while back when some child got in trouble for having a Word document and the line "Harry Potter" was found.

    --
    .smell my feet.
    1. Re:finally by outsider007 · · Score: 5, Funny

      in other news, professor bob metallica is still waiting for his apology.

      --
      If you mod me down the terrorists will have won
    2. Re:finally by malfunct · · Score: 1
      The professor needed to do more than just say "aww hey its ok, everyone makes mistakes." All he did was validate thier methods for trying to prevent piracy which amount to little more than sending around the electronic brute squad to batter anyone that looks like they might guilty.

      If I were the professor I would have sued them. Unfortunately the only way these places listen is if you hit them in the pocketbooks.

      I guess its just another reason for me to not buy CD's (and no I don't just download the mp3's, I wouldn't give them the pleasure).

      --

      "You can now flame me, I am full of love,"

  3. So... by nebaz · · Score: 5, Insightful

    Is the RIAA going to pay for the legal fees the university incurred? Or the time they could have used to educate their students rather than going on a wild goose chase? I rather doubt it.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:So... by hype7 · · Score: 5, Insightful

      more importantly, it shows why the RIAA shouldn't have instant access to ISP details (Verizon case IIRC). They make mistakes; a judge is a relevant and important step in the way of preventing innocent people from being nailed for errors like this.

      -- james

    2. Re:So... by Gortbusters.org · · Score: 4, Insightful

      In other words we have corporations snooping in on our transport medium. It's a dangerous slippery slope, what's next... I turn on my computer and it says "Your internet may be monitored for quality assurance purposes."

      --
      --------
      Free your mind.
    3. Re:So... by Anonymous Coward · · Score: 1, Interesting

      While an FTP site with anonymous access is much less private than a phone conversation or an individuals car or home, does this start to push into the realm of search warrants?

      There is certainly a fuzzy area as to whether the public FTP site "consents" to entry and search in the same way a suspect can consent to letting authorites search his home or whatever.

      However, if that consent has not been granted, I would think it could be a very swift and definite supreme court decision that information gleaned by a global search, without consent of the owner of said system, would not be permissable evidence for legal action.

      As an analogy, if the police have a warrant to search through business papers at your residence, and they find a stash of herion in the cabinet under the sink, they cannot try you for possession -- there is no reason to believe you would keep business papers under the sink, so the authorities were making an illegal search when they found the evidence.

      IANAL, but I assume hiring a private detective to break and enter to discover evidence also renders said evidence unpermissable. Having someone who is not working as an authority of the law (ie, RIAA) making the illegal search does not render the evidence permissable.

      If the FTP banner contains text indicating that the site is to be used for only certain purposes and that using the site indicates agreement to the terms, wouldnt this be illegal search and seizure?

    4. Re:So... by Anonymous Coward · · Score: 1, Informative

      Short answer: no.

      Longer answer: if you leave your front door standing wide open, the cops can come right in without a search warrant. The criteria for whether a warrant is necessary is whether the owner of the property took reasonable precautions to restrict access. If you put up an anonymous FTP site, you haven't taken reasonable precautions. Same thing if you throw up an FTP site that only accepts the username and password "mp3." Or if you put the username and password on your home page or in some other publicly accessible place.

      As for your analogy, that's wrong, too. A search warrant can specify which parts of a residence or other location can be searched, and it can specify what's being searched for. But if it only limits the scope without limiting access, then you most certainly CAN be busted if the cops find drugs under your sink. Evidence of a crime uncovered during a lawfully executed search is absolutely admissible.

      Then, you said, "If the FTP banner contains text indicating that the site is to be used for only certain purposes and that using the site indicates agreement to the terms, wouldnt this be illegal search and seizure?" The answer to this question is no.

    5. Re:So... by etrnl · · Score: 2, Insightful

      If it's username and password restricted, it doesn't matter if it's guessable. You can still claim it was hacked, because they were not the authorized user of that account.

      After all, most hacks are done to people who did not adequately secure themselves. There's a difference between open and vulnerable, and it is a legal distinction.

      --etrnl--

    6. Re:So... by Anonymous Coward · · Score: 0

      suk my sick ya dick i eta ya pussy baby ywah they couldn't kill me they couldn't want me never to say it again I am the one who rimmed ya mom cause I sya it so you better what out punk lest I golden shower you you fucking hoe

    7. Re:So... by MisterMook · · Score: 4, Insightful

      Its also a reason why the Patriot Act is a bad idea, because ALL people make mistakes and having access to information doesn't automatically make people informed. Checks and balances for all sorts of things are being thrown away in this country or legislated away in the interest of fighting "the war on piracy" or "the war on terror" and it just isn't a good idea. Accountability and review are GOOD things, the RIAA should have checked things BEFORE they sent a letter.

    8. Re:So... by Stephan+Schulz · · Score: 3, Interesting

      While an FTP site with anonymous access is much less private than a phone conversation or an individuals car or home, does this start to push into the realm of search warrants?


      There is certainly a fuzzy area as to whether the public FTP site "consents" to entry and search in the same way a suspect can consent to letting authorites search his home or whatever.


      I think there is a correct assumption that what is public is public - otherwise the whole internet breaks down. However,
      I wonder if a "robots.txt" file is a "technological measure to effectively control access to a copyrighted work", and a RIAA spider that spiders a server with such a file violates the DMCA.
      --

      Stephan

    9. Re:So... by Anonymous Coward · · Score: 0

      "the time they could have used to educate their .."

      They pretty much wasted their time recording and encoding that garbage!! did you actually listen to it? Well don't - because that's the real waste of time!

    10. Re:So... by sqlrob · · Score: 1

      Why?

      All they had to do was due diligence and *PLAY* the file.

    11. Re:So... by phylus · · Score: 1

      I hate the RIAA as much as any other geek here seems to, but I work for a University and I've seen these Mediaforce / BSA complaints.

      They arn't 'snooping' on you, you're publicically making the information available. Let's face it, 99% of every complaint that we get here is legit and it's copyright infringement. Whether you agree with copyrights is another issue, but it still remains that it is really illegal. They don't have to seek you out, you make the information available to them.

      The letters don't require any lawyers. The letters get sent to the abuse people who send an email out departmentally and ask for them to check on the file sharing. So at most is caused some sysadmins a headache and some questioning of end-users.

      Is anyone compensating the RIAA for the most likely others hundreds to thousands of legit copyright violations that they have probably forwarded to Penn State? No.

      People here always seem really one sided. The software is pretty dumb, you'd think they would at least put in his song names to further narrow down the search patterns, because Usher*.mp3 is pretty generic (and that's Mediaforce's problem, not the RIAA).

      Just my two cents.

    12. Re:So... by skarmor · · Score: 1

      I don't think the university actually incurred any legal fees. It looks like the RIAA sent the threatening letter and when they realized (or were informed of) their mistake they apologized. No lawyers involved.

    13. Re:So... by Anonymous Coward · · Score: 0

      If it's username and password restricted, it doesn't matter if it's guessable.

      Not true. If you make the password public, then you have no longer taken reasonable precautions. If you use a password that is commonly used, then you have no longer taken reasonable precautions.

      If your intention is to keep people out, and you're not a total idiot, then you can't be searched without a warrant. If your intention is to let people in but pretend that you're trying to keep people out, you're not fooling anybody.

    14. Re:So... by Pig+Hogger · · Score: 1
      here's a difference between open and vulnerable, and it is a legal distinction.
      Oxdung. A burglar won't get away with "but, your honour, his unlocked screen door was flapping in the wind, so I was able to go in his house without any effort".
    15. Re:So... by greenhide · · Score: 1

      There isn't enough time in the world to go through and have a human listen to all possible infractions. They're probably sending thousands of these letters out each day, because there's just so many potential infringements.

      What would be better if they phrased it to the University:

      "There is high probability that this file: Usher.mp3 contains copyrighted information. Please ensure that this content is being used according to blah blah blah blah."

      --
      Karma: Chevy Kavalierma.
    16. Re:So... by Anonymous Coward · · Score: 1, Interesting
      The already have software that can match songs. I'm pretty sure I could write it in a few months. I think they should be required to put some effort into verification before they start using threats. Why don't they just threating everyone and get it over with?

      Dear America,

      There's a high probabilty that you have illegal copies of one of our songs. Please destroy all illegal copies and send us $1000 to settle now. Those who don't settle will be investigated. Starting next month we will subpoena all your records and begin to monitor all your internet activity.

      Sorry about the hyperbole, but you get the idea.

    17. Re:So... by studerby · · Score: 1
      I wonder if a "robots.txt" file is a "technological measure to effectively control access to a copyrighted work"

      I doubt it. To me, a "robots.txt" (with a global exclude) is more like a "keep out" sign, not a "lock on the door". Perhaps a site that rejects non-browser User-Agents might qualify though. A spider that spoofs a browser User-Agent would then be "circumventing" an access control...

      Either way, you would have to hold the copyright of the work accessed to file a DMCA complaint though.

      --

      .sig generation error:468(3)

    18. Re:So... by sqlrob · · Score: 1

      How long would it take to verify, even if a human was involved? Less than 1 second for this case? Certainly less than 10.

      If you want to blame someone for infringement, make sure they are. IMHO (IANAL), they should get sued for perjury for this case.

    19. Re:So... by greenhide · · Score: 1

      It would take longer, because the system would have to send some sort of notification to the human: "Hey, I found an infringement." Then, the that person would have to download the file, then play it. It probably would take at least one minute per possible infraction (and that would be if the whole process was really, really streamlined).

      So:

      1 minute * 1,000 possible infractions per day (a LOW estimate)= 1,000 minutes = 16 hours, 40 minutes. That's two people, working full time. Whereas a computer could do the same thing in an hour or so.

      It was an honest mistake on RIAA's case, and they apologized for it. I respect that they're putting the effort into protecting the works of the artists they represent. They're protecting their interests, just like I would be upset if people started copying my work without permission and freely sharing it.

      --
      Karma: Chevy Kavalierma.
    20. Re:So... by Latent+IT · · Score: 4, Insightful

      Oxdung. A burglar won't get away with "but, your honour, his unlocked screen door was flapping in the wind, so I was able to go in his house without any effort".

      Well, no. But that's because they're a burglar - they'd get charged with *theft*, but not breaking and entering. Which is why it's called breaking and entering, and not just uh... entering. =p

    21. Re:So... by SubtleNuance · · Score: 1

      There isn't enough time in the world to go through and have a human listen to all possible infractions.

      Tough titties. Are you suggesting, that doing due-dilligence, and abandoning the presumption of innocence is acceptable because the RIAA feels its *too much bother*? The DMCA was written as a hammer, that allowed a lawyers' letter to FORCE someone to remove a 'suspected offending file' even before either party had seen a judge - this, im hoping for you americans, will fail at the supremes someday (if not for other reasons the DMCA is a violation of the your constitution).

      If the RIAA comes knocking at my door, I am just going to say "oh, im sorry, my oops" and *they* are just going to walk away? I doubt it. The days of corproate governance are upon you americans -- DO SOMETHING!

    22. Re:So... by sqlrob · · Score: 3, Insightful

      It was *NOT* an honest mistake.

      If you don't verify that infringement is actually happening, don't blame them for it.

      You're saying the RIAA can't afford 3 or 4 people to verify infringements? Those people are going to be cheaper in the long run than if they make too many mistakes and get sued over those mistakes, or even just the bad publicity from it.

    23. Re:So... by rikkards · · Score: 1

      What they need is a honeypot that will pull their automated software in :)

    24. Re:So... by liquidsin · · Score: 1

      Which is why it's called breaking and entering, and not just uh... entering.

      I believe the term is *trespassing*. Why can't we apply this to computers? I can leave my front door unlocked so that my friends can just walk in. If a cop walks in and spots the bong on the counter, he can't do anything since he has no legal reason/right to be there (assuming no warrant). Why can't I leave my ftp server open without having to worry about shit like this?

      --
      do not read this line twice.
    25. Re:So... by Latent+IT · · Score: 1

      Look, this is very simple - your computer is *NOT* your home. It's certainly not a residence. Is it more like a store? If the police want a frigging sandwich, should they knock on the door of the deli until someone lets them in, or should they open the door? And then if you're stupid enough to have your fired up bong going there on the counter, guess what will happen?

      Or you could quit with the bad analogies that are so flawed as to be meaningless.

      Here's a clue - if you don't want *anyone and everyone in the world* on your server, put a password on it. If you think you have a right to privacy on an open server meant for anonymous connections, you're pretty delusional.

    26. Re:So... by machowsk · · Score: 1

      Yes, you might be able to write a program to do a checksum or whatever on a file to verify that it contains copywrited material, but as far as I can tell the RIAA has no way of doing this legally. The RIAA is not a law enforcement agency and has no special rights or privlages. For the purposes of this arguemnt let's just agree that downloading copyrighted material is illegal. How is the RIAA going to listen/verify that a file contains copyrighted material without downloading it and listening to it (or running a program like you suggest.) If they download a file to see if it's being illegally shared, then they are breaking the very law they're trying to enforce. I've made this analogy before and I'll use it again because it works: it would be similar to a cop snorting some suspicious white powder to see if it's cocaine. Just because the cop's intentions might be ok, that doesn't make it legal. The road to hell is paved with good intentions. As far as I know, only law enforcement agencies can legally download copywrited materials to confirm they are indeed being illegally shared.

      Of course, maybe it is legal if the artisit/copywrite holder gives the RIAA permission to download material for psuedo-law enforcemnet purposes, but maybe it's not. I'm no lawyer. Does anyone here know?

    27. Re:So... by CoreDump · · Score: 1

      Don't forget that even if you don't break something to gain access, if you aren't supposed to be there, it is called 'Trespassing' and you can be charged with 'Criminal Trespass'. The door being/open unlocked has not a whole lot to do with you knowing that it is not your house and that you don't have permission to be there.

      --

      ---
      Segmentation Fault ( core dumped )

    28. Re:So... by NanoGator · · Score: 1

      "Its also a reason why the Patriot Act is a bad idea, because ALL people make mistakes and having access to information doesn't automatically make people informed. Checks and balances for all sorts of things are being thrown away in this country or legislated away in the interest of fighting "the war on piracy" or "the war on terror" and it just isn't a good idea. Accountability and review are GOOD things, the RIAA should have checked things BEFORE they sent a letter. "

      Don't forget that it's too easy to frame somebody. If I really hated somebody, I could write a VB app that's a little game for them to play. In the background, the app could go to various sites around the web and download/save kiddie porn to a special 'folder' on their computer just waiting to be discovered. Then, an 'anonymous' tip could be phoned to get the guy locked up. Assuming he doesn't suspect the app did it, how would my framing be revealed? He could have logged in to his computer with a retinal scan, that wouldn't have stopped this malicious app from happening. Doh.

      Heck, if the Patriot Act were to play out our fears, it'd make the job of a terrorist quite easy. Instead of blowing up buildings, one by one we'll frame innocent Americans. Wee.

      --
      "Derp de derp."
    29. Re:So... by rifter · · Score: 1

      The RIAA are claiming they own the copyright on the material (or rather represent the copyright holder) and therefore can download any of these files.

      Analogies suck for arguments and so does yours. Cops do check powder to see if it is cocaine. They don't snort it, though they may touch it to their tongue as a field test (cocaine is a topical anasthetic), but ultimately they do have laboratories specifically for the purpose of telling the difference between cocaine and sheetrock (unrotunately sometimes after people have been in jail awhile for possessing sheetrock).

    30. Re:So... by greenhide · · Score: 1

      The RIAA isn't a court of law. It simply sent a letter telling the University to remove copywritten material from their site, or they would engage in legal action. You don't have to presume someone innocent before sending them a letter. In this case, it was a temporary employee who didn't do all the legwork he could have, but it still was an easy mistake to make. Considering many million (billion) number of sites/pages they search for possible infractions, it's understandable that they might make a mistake from time to time.

      Had they brought this to a court, then yes, they would have lost the case. So, fortunately, the university figured out what was going on and was able to set it right with the RIAA.

      The RIAA can't actually force someone to remove an URL; it can bring them to court if they won't comply (after all, what are they going to do -- send special police or something? [answer: no]).

      Yes, the DMCA is excessive in the rights it gives to intellectual property holders. It's also true that if someone is making copyrighted material available on a publically available FTP server, they're breaking the law.

      Banks and other companies send erroneous bills to people all the time. If they used "due diligence" this would hopefully never happen (although our dependence on computers has unfortunately made it harder to avoid these problems). If the customer gets a bill that looks excessively high, unfortunately it is their responsibility to bring that up with the company. If they call the company and point out the error, then the company will correct their mistake and send out a new bill. This is the same sort of situation -- a mistake was made, a letter was sent out threatening legal action, and when the University pointed out the error, the RIAA apologized. Problem solved.

      The only reason this got news was because it was the RIAA. If a news article was written every time a company sent you a letter stating something that was in fact incorrect, no one would ever get anything done.

      --
      Karma: Chevy Kavalierma.
    31. Re:So... by shotfeel · · Score: 1

      You're right, the information is publically available. IMO though that means the RIAA should have, at minimum, downloaded it and ensured it is infringing material before sending a nasty-gram. The fact they can't even be bothered to do that much really disturbs me. I don't think they should work with the presumption that every file that meets some broad criteria is infringing.

      Just MO.

    32. Re:So... by realdpk · · Score: 1

      As CSS can be broken with a 1 line piece of perl, I'd consider it a "keep out" sign as well. However, the DMCA has been used (I believe?) successfully against its authors and distributors.

    33. Re:So... by 3.1415926535 · · Score: 1

      Because if I connect to your computer and say "hi, I'd like all your mp3s, please," and it gives them to me, I'm not really trespassing. The correct analogy would be if your house was controlled by an AI which just gives your personal belongings to anyone who asks.

    34. Re:So... by Anonymous Coward · · Score: 0

      anything that can be done with a computer can be done with one line of perl. Now, would any sane person be-able to read it is the question.

    35. Re:So... by graxrmelg · · Score: 1

      The computer can't do the same thing. That's the whole point of using the humans.

      It's not an honest mistake. It's an inept attempt to automate something that's not automatable.

      Also, I don't buy your argument that because the RIAA can't afford the time it's okay for them to make other people spend even more time. If the RIAA can't spend a few minutes to verify their accusation, why should a university have to spend hours to verify it for them? It's not the university's copyright that's (supposedly) being enforced.

    36. Re:So... by lommer · · Score: 1

      the reason your analogy fails is because leaving your front door unlocked does not equivocate making your house public space. Therefore, the cop doesn't have a legal reason/right to be there. However, if you leave your ftp server open, some would equivocate that with making it public. Therefore, ANYONE is free to come and go as they please, including cops. Kinda like how the walkway up to your house is considered "public" unless explicitly signed otherwise. If a cop walks up and knocks on the door and you answer it and he spots your pipe - your getting busted (or not, if the cop is nice :-)

    37. Re:So... by crusher-1 · · Score: 1

      "Oxdung. A burglar won't get away with "but, your honour, his unlocked screen door was flapping in the wind, so I was able to go in his house without any effort"."

      "Well, no. But that's because they're a burglar - they'd get charged with *theft*, but not breaking and entering. Which is why it's called breaking and entering, and not just uh... entering. =p"

      I believe the term is called "Unlawful Entry". Pair this with a "Trespassing" violation, and if he had "anything in his possession (aka in his hand, bag, pocket, truck, car, bike, sock, underwear, etc...) then it's "Burglery" and "Possesion of Stolen Items" (if actually apprehended outside of the house - but witnessed in or coming out of the house).

      Dad was and Policeman for 30+ years! Try growing up the the seventies as a long haired heavy metal musician in my house - you learn the law quick... One way or the other (lol).

      Cheers,

    38. Re:So... by terrymr · · Score: 1

      An interesting point ... the DMCA requires a sworn statement in the take down notice ... therefore this is perjury.

    39. Re:So... by terrymr · · Score: 1

      Again ... A DMCA takedown notice requires a sworn certification from the injured party ... it cannot be legal to automatically generate such a certification.

    40. Re:So... by Anonymous Coward · · Score: 0

      The RIAA, MPAA the University and Professor Usher have come to an agreement for a fee to be paid to the music industry for each student who enrolls in any of his courses..

    41. Re:So... by Anonymous Coward · · Score: 0

      Seeking an opinion, what if the cops break into your car (with a warrant to search it) and push the button on a garage door opener found in the car, which open the garage to your residence in which is an unlocked door to the house. Can evidence found in the gsarage and/or home then be used against you, whether or not "relevant" to the original search? In other words, can the cops get into your home without a warrant if they figure another route?

  4. rock and roll will never die by unk1911 · · Score: 0, Troll

    RIAA will never win. they don't stand a chance. move with times. that's all i can say

  5. Re:Typical Hot heads by Anonymous Coward · · Score: 0

    Hmm.. maybe skip the lottery tickets this time?

  6. False Accusations? by Anonymous Coward · · Score: 0, Insightful

    Shouldn't the RIAA be liable for making such false accusations?

    Perhaps I should create a work of art called JPG, and then start sending out threatening letters to any site that may have "JPG" on it...

    1. Re:False Accusations? by Anonymous Coward · · Score: 0

      In the article it states that they would be responsible (i.e., some financial cost for legal fees and expenses) if they knowingly made a false accusation. In this case it really does look like a false accusation. The site was not taken down and the professor received an Usher CD and T-Shirt for the trouble. Unless the University spent considerable resources defending itself, this really does seem more like a mixup.

    2. Re:False Accusations? by wo1verin3 · · Score: 1

      They would only be liable if they willingly made false accusations, they would have no problem in this instance saying it was an accident since they have already provided an appology and admitted fault.

    3. Re:False Accusations? by SoSueMe · · Score: 1
      An RIAA spokesman noted that the RIAA has sent out "conservatively tens of thousands of notices" in the last five years and that this incident to be the first error that has been discovered...
      ... by the public
    4. Re:False Accusations? by LinuxOnHal · · Score: 1

      Yeah...you'd think they could at least have someone listen to the music and see for sure what it is..

      Although, if I owned the rights to shitty music like that, I probably wouldn't want to run the risk of hearing it either.

      --
      Trying is the First Step to Failing --Homer Simpson
    5. Re:False Accusations? by k_stamour · · Score: 1

      Alternatively, just create Dozens of bogus files with POP star names and .mp3 extensions. Cause noise that the RIAA have to slug through. No wait, RIAA already does that themselves... D'oh....

      --
      Julius Caesar - Act I, Scene i: "What mean'st thou by that? Mend me, thou saucy fellow!"
    6. Re:False Accusations? by Anonymous Coward · · Score: 0
      Alternatively, just create Dozens of bogus files with POP star names and .mp3 extensions. Cause noise that the RIAA have to slug through. No wait, RIAA already does that themselves... D'oh...

      hmmm....I wonder if you could pin them down on claims of false advertisement...

    7. Re:False Accusations? by Anonymous Coward · · Score: 0

      Free Usher cd? hmmmm that gives me an Idea

      %dd if=/dev/urandom of=~/muzak/Led_Zepplin/Stairway_to_Heaven.mp3 bs=1K count=4568

    8. Re:False Accusations? by rifter · · Score: 1

      But as many posters have pointed out they willingly did not practice due diligence before making their accusations and their negligence caused damage. The article talks about severe disruption of University operations during finals. When anyone else is negligent and causes damage they are liable for the damages caused by their negligence. Why should the RIAA lawyers be any different? They should know better.

  7. MediaForce by mrpuffypants · · Score: 4, Interesting

    Once again, I feel it's appropriate to slam MediaForce and their gang of sleazebag nerds that write the software that does this.

    For shame....

    1. Re:MediaForce by micq · · Score: 0, Flamebait

      Don't player hate... someone out there making some money off an industry/company with lots of it? Jelous?

    2. Re:MediaForce by micq · · Score: 4, Funny

      really? don't player hate?

    3. Re:MediaForce by Gortbusters.org · · Score: 1

      Hey, true that.. at least these nerds can get jobs in this economy.

      It's like Flint Michigan after General Motors left, everyone lost their jobs and became prison guards.

      --
      --------
      Free your mind.
    4. Re:MediaForce by Steven+Blanchley · · Score: 2, Interesting
      As another poster noted, the site still works without the www. Is this news thing hilarious or what?

      Music Business Falls Off Scale
      Much of the blame is laid on pirated music downloaded from the Internet, especially in the United States....

      Indeed, and look how far out of their way they go to avoid mentioning who laid it there. That story, and four others of only ten on that page, are broken links.

    5. Re:MediaForce by jez9999 · · Score: 1

      Sorry to be offtopic, but how come your post is appearing below the post above, when yours is rated 4, the one above 2, and my setting is to list highest scores first??

    6. Re:MediaForce by Ashen · · Score: 1

      Because it's nested as a reply to the post. it's on a level below it.

  8. A Small Victory, Perhaps... by Stephonovich · · Score: 5, Insightful
    ... But a victory nonetheless.

    I have nothing better to do while waiting for a kernel to compile, so...

    I find it to be the usual government style of action: act first, apologize later. They send out threat form letters to anyone who might be violating their stupid-*** laws, and then when they find they're wrong, they throw out a whoops, and they're done. There is something very wrong with that picture.

    (-:Stephonovich:-)

    --
    "Who needs reincarnation when we've got parallel universes?" -Me
    1. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0, Flamebait

      The fact that they sent out tens of thousands of infringement notices and this is the first public mixup suggests that copyright infringement is a serious problem and wrongful/false accusations are the exception. In this case the server was never taken down and the RIAA acted swiftly to resolve the problem. The professor even got an Usher CD and T-shirt for his troubles. Plus, the RIAA said that it would review sites before sending out infringement notices. Abuse could be a problem; but I don't see it as one yet. I would be much more concerned if there were tens/hundreds of false accusations that cost lots of time and money to resolve.

    2. Re:A Small Victory, Perhaps... by n08ody · · Score: 1, Informative

      did you know the riaa isn't a government
      administration?

    3. Re:A Small Victory, Perhaps... by Stephonovich · · Score: 2, Insightful
      Yes, I do. I was simply saying it's rather like the government in it's modus operandi.

      (-:Stephonovich:-)

      --
      "Who needs reincarnation when we've got parallel universes?" -Me
    4. Re:A Small Victory, Perhaps... by LamerX · · Score: 4, Insightful

      Oh so you think. Who's pockets do you think get lined to pass laws like the one that extends copyright indefinitely? Or how about the DMCA? Or how about the CDBPTA, or DPCPTA or whatever it's called? I'm sure that there were plenty of lobbyists in the government, and plenty of politicans that are former or still are CEOs or VPs. The problem today is that he who has the most money, can get into office, and pay lobbyists enough money, and run the biggest campaigns to get whatever they want done.

    5. Re:A Small Victory, Perhaps... by mrpuffypants · · Score: 1

      naw, they're not....they just administrate the government

    6. Re:A Small Victory, Perhaps... by Gortbusters.org · · Score: 1, Insightful

      Hey, it's like Iraq... attack first, find no weapons of mass destruction, and apologize later! It's almost laughable! ... if it wasn't so scary.

      --
      --------
      Free your mind.
    7. Re:A Small Victory, Perhaps... by buck_wild · · Score: 1

      Bah. I've heard no appologies so far. And the US now has Dr. Germ. So...

      --
      If all you have is a hammer, everything looks like a nail.
    8. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Yup, things are very crooked these days. I remember being taught in International Business how countries like Mexico are known for extensive bribing throughout their system. As if OUR system is any different. What a joke.

      I'm starting to think of our current society in the light of older civilizations that have failed. It is getting that way, where the people will eventually rise up and it will start over again. The problem is that the government knows this and they have the means to not repeat history because of the advanced technology we have today. Hence the major wrongdoings lately.. they are scrambling to lock us down.. permanently. Want to go to another country to escape it? Heh, well they already thought of that, too. Iraq is the first of the extension states.

    9. Re:A Small Victory, Perhaps... by nexex · · Score: 0

      yea right, oh whoops they have who'da thought it

      --
      Winter 2010: With Glowing Hearts
    10. Re:A Small Victory, Perhaps... by kubrick · · Score: 1

      Maybe they could actually *find* some of these weapons they had "proof" of the existence of? Maybe they could show us some of the "proof", now that the Baath Party is no more?

      Extraordinary claims require extraordinary evidence, especially if you're going to be spending billions of dollars and contravening expected standards of international behaviour.

      --
      deus does not exist but if he does
    11. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      lol, score of 1 and its over rated, my free speech is being infringed!

    12. Re:A Small Victory, Perhaps... by Cplus · · Score: 1

      What's Dr. Germ? The name kind of creeps me out. It could be a cleaning product, or it could be an evil scheme, or it could be a poorly named Dr. Pepper rip-off (a-la Dr. Zip)...could it be a cohort of Dr. Evil?

      --
      "Share your knowledge. It's a way to achieve immortality." -- Dalai Lama
    13. Re:A Small Victory, Perhaps... by AftanGustur · · Score: 0, Offtopic


      Hey, it's like Iraq... attack first, find no weapons of mass destruction, and apologize later! It's almost laughable! ... if it wasn't so scary.

      You are forgetting that having WMS wasn't sufficient enough reason to attack Iraq. The USA claimed that
      1) Iraq Had WMD
      2) Iraq had very friendly ties with terror groups
      3) Iraq was ready to give WMD to those terror groups.

      So, even if they find WMD, they still have to proove 2) and 3) to justify the war ...

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    14. Re:A Small Victory, Perhaps... by LX.onesizebigger · · Score: 2, Funny

      And this is why Slashdot should not be your only source of news.

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    15. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Ah... the US suspected... here's a reality check, fix your priorities while you still can.

      Iraq, shmiraq.

      You have a country which has admitted to having so called weapons of mass destruction, threatened its use or sale to US enemies, and what happens? Fuck all. But we're talking N Korea here, the arm pit of the planet. Just ignore them, they'll go away, like a chiuawa stuck to your pant leg. It'll yap for a while and get bored. Not like they have anything to offer you, hmm? What are they gonna repay with for you fighting for their freedom? Pho? Sorry, already got plenty of that.

    16. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      hmm. Judith Miller citing anonymous sources from among her buddies in Team Charlie. Another sterling example of journalistic excellence from the nyt!

      Look at the beeb's take on this same story. It's a model of objective journalism. They use quotes, attribute them to named sources, stress the incompleteness of information, and point out that many previous "finds" have proven to be false.

      Maybe you and the Bush administration are right about wmd in Iraq, but the evidence so far doesn't show it.

    17. Re:A Small Victory, Perhaps... by hdparm · · Score: 0, Offtopic
      No, he is forgetting

      4. ***

      5. Profit!

      That's what this was all about.

    18. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Well its obvious then, isn't it? If the US can't find any WMDs in Iraq, Saddam must have already given them to the terrorist groups it was friendly with. War justified.

    19. Re:A Small Victory, Perhaps... by fenix+down · · Score: 1

      Or it could just be an indication of the disturbing degree to which the Bush administration panders to the moronic media personalities who find pronouncing such complex foreign names as "Ali" beyond them. Rihab Taha. How fucking hard is that? And you almost sound like you didn't do 6 lines of coke right before you went on.

      As a bonus, I can actually tell who the hell you're talking about! Hey, why don't we just refer to everyone based on the inpenetrable inside jokes the CIA receptionists made about them? Bush could be "Mr. Snapple", Powell can be "Professor South Beach". It'll be great.

    20. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      you'll buy anything as long as there's pretty pictures, huh? Dope.

    21. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Oh, victory my ass. The university accepted the apology saying "that this was an honest mistake by the recording industry" and Spokesman Tysen Kendig said Penn State "remains committed to working closely with the RIAA". Thank you, massuh, I be sorry you made dat mistake an beat me fo nuthin. The only reason the RIAA bothered is they know that the DMCA is on perpetually thin ice because it is in direct opposition to the spirit of the constitution (prior restraint, assumption of guilt, making legal activities illegal on the assumption that they may contribute to illegal possibilities). The only standard the DMCA requires is a "good faith" belief that copyrighted material is being infringed... which apparently means you see a common word and name combined with a common file extension, legally threaten someone and then blame it on a temp employee. So some lawsuit gunshy university can say "thank you, sir, may I have another?!"

    22. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Hmmm, Methinks that Iraq is just the latest addition, and at that the latest addition taken by force. The United States is already bigger than you think.

    23. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      They might have collapsed already if Clinton and South Korea hadn't been feeding them for a decade.

    24. Re:A Small Victory, Perhaps... by Tim+Doran · · Score: 0, Offtopic
      Don't forget:

      4) We must free the Iraqi people!

      ...so in addition to proving points 1-3, they must establish a free society with the full support of the "free" Iraqis. They didn't have much luck with that in Afghanistan.

    25. Re:A Small Victory, Perhaps... by kharchenko · · Score: 1

      >I find it to be the usual government style of action: act first, apologize later.

      There is something wrong with this picture - it's not a government entity, so normally everyone should be able to tell them to f*uck off, but nevertheless even mistreated universities state a kind desire to cooperate after accepting an apology, instead of following this up with a lawsuit to ISP that released private information in a first place.

    26. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      Of course, this whole line of discussion is off topic, but the Iraqi government has bragged about its support of terrorist groups. Those terrorist groups have gone on the public record about how proud and grateful they are about the support they've received from the Iraqi government. So proving 2) isn't really a big challenge.

      3) will be inferred from 2) but isn't an issue unless 1) was true.

    27. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      And the US now has Dr. Germ. So...

      Whats *really* funny is that your media uses this 'dr. germ' stuff, making a cartoon out of reality. is it too hard for people to understand a persons' clear title/rank/position, the department they worked for etc -- or is that clear, concise, informed reporting less useful to American Plutocracy than is the "Mrs.Germ is a boogywomen" Propaganda? There is something sickening about Americans lapping-up the propaganda on Iraq. Dehumanizing the "enemy" via this kind of "deck-of-cards" stuff is textbook. Its scary that Americans are not absolutely up-in-arms over what Bush and pals has actually done to iraq (unprovoked invasion), how it was sold (lies to UN(powell), lies to public, plagiarism, forgery (african nuclear materials documents)), and how the media portrayed the events during the war (pure 100% sanitized agitprop), and after (how exactly did the US flag, that was flying in newyork on 9.11 *HAPPEN* to get draped on the head of the sadam statue the media played over and over and over (minus the flag of course, they had been told to edit that out (too blatant)), WMD bs, and 'liberty-as-reason' switcheroo).

      This 'deck of cards' thing is 100% disturbing... even more is this, http://www.newsmax.com/weasels/38.shtml which labels the leaders of France, Canada, Russia, Mexico, Kofi Annan, Arnette, Hans Blix weasels... oh, and they mix in good old Enemies Gadhafi, Castro and Kim Jong-Il... because the brainwashing of america is 100% complete on these folks, so why not use the previous PsyOps to muddy the waters on the characters of anyone who could possibly choose to OBJECT to america's latest warmongering...

      Did the authors @ newsmax ever stop to think that all these US allies might be right? Obviously not, cause either your with us or against us. anyone who opposes operation-iraqi-freedom is a terrorist-lover.

    28. Re:A Small Victory, Perhaps... by Anonymous Coward · · Score: 0

      did you know the riaa isn't a government
      administration?


      Of course you're completely right. Likewise, claiming that these actions are "the usual style of government action" is a claim made without any evidence. Since the RIAA isn't government, they can't be held up as an example. The grandparent post was basically just flaming "the government".

      On the other, hand, there are lots of moderators out there who like to mod +1, Libertarian. Someone randomly bashed the government with no particular evidence? +5, Insightful!!! (At least they didn't mod informative!)

      Here's a more accurate mod: -1, Offtopic. We're talking about the RIAA, not the government.

    29. Re:A Small Victory, Perhaps... by El · · Score: 1
      Goverment? Hell, Corporations act that way! I recently got a message on my answering machine from a credit card card company to the effect of "We don't understand why you don't pay us the $19,000 you owe us. Please call us at (long distance number) to resolve this."


      1) Apparently thier credit collector was calling everbody in Oregon with the same (very common) last name as the person that owed the money and threatening them. They didn't care that my first name was NOT "Lance".
      2) I sure as hell am not going to spend money on toll charges to explain their mistake to them, so I called their 1-800 number.
      3) They promised they wouldn't call me any more, but did they ever apologize for upsetting me (I assumend somebody had committed identity thefy). No!


      Remember, it's the RIAA, not the government, that is using these "Shoot first, ask questions later" tactics. They are only being assisted by their bought-and-paid-for laws.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    30. Re:A Small Victory, Perhaps... by buck_wild · · Score: 1

      Funny. I first heard of the Dr. Germ thing on a non-US news station.

      And more than half of the reporters in Iraq were what they call 'unattached' members of the media. That means that they were not loyal to either the US or Iraq. Did anyone see news coverage different than that shown on US stations?

      I thought not.

      --
      If all you have is a hammer, everything looks like a nail.
    31. Re:A Small Victory, Perhaps... by Stephonovich · · Score: 1
      Exactly! They're much too busy to bother actually checking out people's information. (well, come to think of it, I'd rather they not do that... Yet another reason to keep one's personal information private when possible) Instead, they just do the equilavency (sp?) of spamming, and then want you to use your time to correct their mistake.

      As for the AC who claims I was flaming the government... First, if you're such a pansy that you won't post possibly-negative-karma with your username, then don't. Posting AC only shows your cowardice. Second, I said the RIAA is acting like a government organization. In reality, most mega corporations are run like a government entity. You have the big boss[es], and it runs down the line. The ones who do the least work get the most money, and vice versa. And inter-communication is nil.

      (-:Stephonovich:-)

      --
      "Who needs reincarnation when we've got parallel universes?" -Me
    32. Re:A Small Victory, Perhaps... by Alphtoo · · Score: 1

      It COULD have been a victory if the University had sued the drawers and socks off the RIAA, but they didn't do that. I'd imagine they (rightly) assumed that the RIAA would just buy the judge, like they've bought the politicians who've passed their bullshit laws. The U. would be minus a bundle of money, and the RIAA would still win... because they can afford to win.

  9. We are decent people by Anonymous Coward · · Score: 0

    See? we at the RIAA are really decent people, if you only gave us a chance. We are acting in everyone's best interests. If anyone would like to spearhead our Australian campaign, feel free to drop David a line and tell us your opinions on IP
    dmiller@iinet.net.au

    1. Re:We are decent people by Anonymous Coward · · Score: 1, Informative

      David Miller is actually a gaming auctioneer from Perth, not part of ARIA. He runs "Progress Amusements". They have the Tales from the Crypt pinball at the next auction! oooh!

    2. Re:We are decent people by Anonymous Coward · · Score: 0

      part wrong/part right... David IS actually president of ARIA WA (similar to RIAA), and will be spearheading our bulk email marketing campaign this winter. Unfortunately, the auction you referred to is already over, however there will be another just as soon as David deals with the 359 fraud charges he is currently facing.

  10. Why pay attention when your extorting? by FredThompson · · Score: 5, Interesting

    Why should the RIAA check their "sources"? They're making a lot of money/press by blackmail and coercion.

    Just a matter of time before they pick on the wrong people.

    It would be interesting to see how many time the RIAA systems access servers with restricted use policies: "Ve haf found der pirate!!!!" "No, you've trespassed on the private server of esquires Anastacia Lopez and Santana Aguilera of the law firm that prosecuted the tobacco settlement. Pay up."

    1. Re:Why pay attention when your extorting? by micq · · Score: 5, Funny

      interesting.... maybe a honeypot for riaa? my voice, recorded over and over again, saying "What the fuck do you think your doing?" and published to the web as actual songs... then when they send me letters over and over again, I sue for harassment and undue mental stress... then change the server ip/name and start all over again...

      It's so brilliant.

      er... and oh yeah:
      (3) profit.

    2. Re:Why pay attention when your extorting? by sisukapalli1 · · Score: 2, Insightful

      I agree... It is also just a matter of time before some people's careers or lives will be irreversibly harmed by this "shoot first, ask questions later" approach. All for protecting a dying business model of corportations that refuse to be nimble.

      I hope that one day the RIAA programs will trespass some secret government sites and the execs get punished as severely as Kevin Mitnick was.

      S

    3. Re:Why pay attention when your extorting? by SoSueMe · · Score: 1

      If the RIAA's bots can"trespass some secret government sites" then there are bigger things to worry about.

    4. Re:Why pay attention when your extorting? by LamerX · · Score: 1

      I thought that the RIAA did this themselves. They put up copies of fake songs that are loops. I'm sure that they would love to have someone help them out.

    5. Re:Why pay attention when your extorting? by Air-conditioned+cowh · · Score: 1

      "Just a matter of time before they pick on the wrong people."

      Unless they avoid law students or friends of law students then they just have picked on the wrong people!

      Students are tomorrow's lawers, judges and polititions. Hopefully they will outlaw and dispand the RIAA since the RIAA are clearly a bullying menace to society.

    6. Re:Why pay attention when your extorting? by Gortbusters.org · · Score: 1

      Except they would then take your songs and flood the p2p networks with them.

      Later that day, micq gets lynched by hordes of angry kazaa users.

      --
      --------
      Free your mind.
    7. Re:Why pay attention when your extorting? by Samari711 · · Score: 1

      that's why you put "FAKE" somewhere in the title, because as this situation showed, they don't check the titles very closely before they sick the lawyers on someone

      --

      I never said I was smart, I just said I was smarter than you

    8. Re:Why pay attention when your extorting? by micq · · Score: 1

      yeh, i'll just denote it somewhere on the file, by a special method or something...

      in any case, i don't condone music theft, so what do i care if people waste time in my war? minor collatoral damage.

    9. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      >in any case, i don't condone music theft

      I don't either, that's why I refuse to shoplift anything, when I can easily pirate it and ensure nobody loses any property at all.

    10. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      I demand you cease and desist using our trademark immediately!

      "What the fuck are you doing?"(tm) is a trademark of Madonna(r) Music Industries, Inc.

    11. Re:Why pay attention when your extorting? by Jzary · · Score: 1

      Here's an interesting idea. If someone can get the RIAA to go after the lawmakers themselves, maybe that would open their eyes. For example, if they tossed Senator X's children in jail, or fined Judge Y's children for $12,000 to $17,000, you'd think that would get their attention.

      "What, Grandma Bush got a harrassing letter from the RIAA? Let's get those bastards!"

    12. Re:Why pay attention when your extorting? by evilviper · · Score: 4, Interesting
      Why should the RIAA check their "sources"?

      Well let's see... You put the name "Usher" in one of your own songs, and RIAA sends you the legal documents telling you to cease...

      Well, that would be adequate legal evidence that they have illegially downloaded YOUR copyrighted material, and YOU can sue them for damages. They are not law enforcement, they have no legal immunity.

      Nice change huh? Sue RIAA for pirating your music... Now if they hadn't sent the cease document, you would have a hard time proving all of this to a judge.

      And just think, either the RIAA will have to pay you a truckload of money, or it will set a precident basically relieving anyone of legal liability for files they have downloaded.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    13. Re:Why pay attention when your extorting? by Wordsmith · · Score: 2, Funny

      D'oh, then Madonnna will sue you for infringing on her original masterpiece!

    14. Re:Why pay attention when your extorting? by pair-a-noyd · · Score: 1

      just put a fake notice in the ID3 tag..
      That should absolve you of any problems or liability..

    15. Re:Why pay attention when your extorting? by pair-a-noyd · · Score: 1

      If I use your idea will you sue me for copywrong infringement??

    16. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      If I use your idea will you sue me for copywrong infringement??

      I believe the appropriate term is "IP theft".

    17. Re:Why pay attention when your extorting? by leviramsey · · Score: 1
      And just think, either the RIAA will have to pay you a truckload of money, or it will set a precident basically relieving anyone of legal liability for files they have downloaded.

      And in the latter case, what the hell does that actually mean? That doesn't mean that uploading copyrighted materials would be relieved of legal liability.

      As far as I know, every RIAA action thus far has been against people who illegally offered copyrighted material for upload (from Napster to the latest rounds of cases). The RIAA has never, in court, argued that downloading is illegal, only the upload portion of the transaction. A precedent declaring downloading to be legal would, in the scheme of things, mean absolutely nothing.

    18. Re:Why pay attention when your extorting? by Dylan+Zimmerman · · Score: 4, Interesting

      You have a really good point there. They seem to think that they are the only ones that own any copyrighted music.

      Even more effective would be to make a group called one of the words from the title of one of Usher's songs and then use Usher in the song name. That would get at least two hits on their theft-o-meter unless they fix it Real Soon Now.

      Of course, they don't have to download your material to see its title. That might throw a fairly large wrench into that idea. Plus, where would you put it? If it's on a P2P network, then they could argue that you intentionally made it available for download. Therefore, you would need to put it on a private FTP.

      Now, a harassment suit would stick a lot better. You could argue that the RIAA is sending you baseless C&D letters and get a court to order them to pay you for any damages that you might face. It's too bad that this university doesn't understand what a threat to free speach the RIAA is.

      You could even sue for mental anguish or some other outlandish thing that is impossible to disprove.

      Of course, if they apologized without you giving them permission to download the file, then THAT could be construed as infringement of your copyright. They would have to listen to the file to verify that it wasn't really Usher. Either that or trust you, but we all know that the RIAA doesn't trust people.

    19. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      Bullying menace to society. "Hey, y'all, don't steal shit." Oh, crap. I just became a bullying menace to society!

      Whatever, dude.

    20. Re:Why pay attention when your extorting? by radja · · Score: 1

      just pick bandname from title of usher song and name your song "usher". guaranteed to set off alarms, and shouldn't give any legal troubles :)

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    21. Re:Why pay attention when your extorting? by petecarlson · · Score: 2, Interesting

      And in the latter case, what the hell does that actually mean? That doesn't mean that uploading copyrighted materials would be relieved of legal liability

      How is uploading illegal? Just because I put my mp3s, that I legaly own, in an un-linked directory on my web server does not mean that I want anyone else to download them. They are there for my personal use so that I can listen to my music from anywhere. It is not my responsibility to make sure no one steals copies of them.

    22. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      >I believe the appropriate term is "IP theft".

      You can steal as much of my pee as you like, just don't let me see you do it.

    23. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      It's not stealing to download mp3s.

      Go buy a dictionary.

    24. Re:Why pay attention when your extorting? by Red_Harvest · · Score: 1

      That's sharing a copyrighted work, and illegal.

      Sue the bastards.

    25. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      Remember that script that automatically generates a series of interlinked pages that contain incorrect email addresses ?

      Just change it slightly to contain references to mp3s, create mp3 names by trawling through a fixed database of artist names. I bet it would be easy enough as a back end to have a perl script that just serves up an empty mp3 file.

      ac

    26. Re:Why pay attention when your extorting? by ColaMan · · Score: 5, Interesting

      Ha! Excellent Idea!

      Put your copyrighted file on a website with a click-through EULA :

      "Users downloading these songs must agree to pay the copyright owner *1 BILLION* dollars for each song downloaded. (Insert usual boilerplate here) To accept the terms of this agreement , press the "I Agree" button".

      Make sure you advertise with google your website and it's file for download. Used a sponsored link if you feel like it.

      The following steps :

      1) They click through, get file, send cease and desist.
      2) Me : "oh, you downloaded my file? Glad you liked it!excuse me, where's my BILLION dollars?"
      3) RIAA get their crack legal team out to defend themselves.

      End result is either:

      1) RIAA proves that click through EULA's are not valid. We can ignore Microsoft and their EULA's all we want after that, with the added happy bonus of using an Evil Corps lawyers against another Evil corp.

      or (my personal favorite)

      3) Microsoft weighs in on my side with their legal team and I get my billion dollars. Ok, I'll donate a few million to the Gates foundation, and the EFF ;-) Again the happy bonus of using an Evil Corps lawyers against another Evil corp.

      Maybe we could turn it into a sport - corporation-baiting, here we come!

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    27. Re:Why pay attention when your extorting? by EpsCylonB · · Score: 0, Troll

      4) ???

      5) profit!

    28. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      I would be surprised if the RIAA actually made any money at all doing this kind of thing.

    29. Re:Why pay attention when your extorting? by 42forty-two42 · · Score: 1

      When you put something on a webserver, IMO, you're implicitly allowing people to download it. Otherwise, how do we legally go to a website to find out if we're allowed to go to said website?

    30. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      cut the damn profit jokes already

    31. Re:Why pay attention when your extorting? by JimDabell · · Score: 4, Interesting

      Well, that would be adequate legal evidence that they have illegially downloaded YOUR copyrighted material, and YOU can sue them for damages.

      Actually, even if you ignore the fact that you are offering the file for download yourself, their error clearly shows that they only looked at the filename, they didn't listen to it. You don't need to download something to see the filename.

      Now, if somebody were to have, say, the first ten seconds of an Usher song as the start of an mp3, and then 20 minutes of somebody criticising that style of music, that would fall under fair use. It would also confuse them once they start to check that the music is actually infringing.

    32. Re:Why pay attention when your extorting? by petecarlson · · Score: 1

      I don't care if they download it but IMO they are breaking the law and not me. I have a right to a copy and I can put my copy wherever I want it. I could tear the pages out of a book and post them in my window where anyone walking by in the street can see and copy them. Copying them would be the illegal part. I am not saying that the current court would agree with my argument but IMO it is the responsibility of the individual to not take things that do not belong to them no matter how easy it might be. If my curtains are open, you can look in, but just because my door is not locked does not mean you can take my origami boulder collection.

    33. Re:Why pay attention when your extorting? by skarmor · · Score: 1

      Hrrmm... If you put copyrighted material on a public FTP then the RIAA, being a member of the general public, has every right to download.

    34. Re:Why pay attention when your extorting? by hymie3 · · Score: 0, Troll

      1. Make "profit" jokes.
      2. ???
      3. Profit!!!

    35. Re:Why pay attention when your extorting? by Zirnike · · Score: 1
      "If it's on a P2P network, then they could argue that you intentionally made it available for download."

      Oh, I sure as hell hope they do that.

      "But, we didn't mean it to apply to our copyrighted stuff, just other people's!"

      Or, what's good for the goose...

      --
      I'm not shy, I'm stalking my prey
    36. Re:Why pay attention when your extorting? by ichimunki · · Score: 1

      But if you say it all snotty-like, with an obvious verbal sneer, you could always claim Fair Use under the exception for parodies. :)

      --
      I do not have a signature
    37. Re:Why pay attention when your extorting? by Erasmus+Darwin · · Score: 1
      "Just because I put my mp3s, that I legaly own, in an un-linked directory on my web server does not mean that I want anyone else to download them. They are there for my personal use so that I can listen to my music from anywhere. It is not my responsibility to make sure no one steals copies of them."

      Actually, depending on the circumstances, it could be considered contributory copyright infringement.

      To use this example, here you're addressing the possibility that you have mp3s (that you may legally use but may not legally broadcast or duplicate) in an unlinked directory on your webserver. Furthermore, the name of your webserver is listed in the header of the message. Now, if someone were to put 2 and 2 together and check to see if the directory /mp3 existed on your webserver, and if that someone were to commit copyright infringement by downloading the material there, then your hands wouldn't be clean in this matter.

      So why's it contributory copyright infringement? It's pretty straightforward -- you knew or should have known that your actions were inducing, causing, or materially contributing to the commission of direct infringement.

      A more reasonable alternative to your particular case would be to use the authentication mechanisms built into HTTP to protect the mp3 directory on your server. It doesn't have to be Fort Knox, but it should be something that someone isn't going to guess (so using 'cpete' or 'mp3' as the password isn't a good idea).

    38. Re:Why pay attention when your extorting? by cpt+kangarooski · · Score: 1

      As far as I know, every RIAA action thus far has been against people who illegally offered copyrighted material for upload (from Napster to the latest rounds of cases). The RIAA has never, in court, argued that downloading is illegal, only the upload portion of the transaction. A precedent declaring downloading to be legal would, in the scheme of things, mean absolutely nothing.

      That's only because it is easier to go after the people distributing music (uploaders) than the people copying music (downloaders). Both are illegal per 17 USC 106. And the Napster case in the 9th Cir. pointed out that both were illegal and that Napster was sufficiently helping both so as to make it responsible too.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    39. Re:Why pay attention when your extorting? by _xeno_ · · Score: 1
      Execs? No. Poor little smuck who's job it is to look for these files? Yes.

      This is America (TM). Executives are never wrong, only their underlings. (Except when they are wrong, in which case it is an issolated incident. Even if it happens multiple times in a row in many different companies.)

      (Of course, secret government sites should be a bit better secured than to allow accidental snooping... Seeing as any secret government website should not be on the Internet; they have special private networks for that. Any site that's on the Internet by definition should allow public viewing - otherwise, it shouldn't be there...)

      --
      You are in a maze of twisty little relative jumps, all alike.
    40. Re:Why pay attention when your extorting? by rifter · · Score: 1

      However, his placing of the mp3s in an unlinked directory is a security device, which you would have to circumvent to access the mp3s. Therefore the only means to access these files is unauthorized, and violates the DMCA. Congratulations! The RIAA cracked your computer and you have proof! :)

    41. Re:Why pay attention when your extorting? by Dylan+Zimmerman · · Score: 1

      The problem is that if you put it there, then it's reasonable to assume that you wanted it there.

      The point of P2P networks is to copy files, so by putting your own files on one, you have essentially given anyone the right to copy them. I couldn't sue someone for copying my material if I intentionaly put it on P2P any more than Madonna could sue people copying that sound byte of hers.

      Derivative works are another story, but copying the original is perfectly permissable until the copyright holder says ti isn't.

      All of this is assuming that the copyright holder put it on P2P in the first place. Now, if a friend did it and the RIAA sent _him_ a C&D for your files and later an apology, _then_ you could get them for copying your files. Now, your friend would have to do it without your knowledge, but you could always decline to press charges on him.

      Another option might be to create an FTP (or HTTP) server and wait for the RIAA spiders to crawl it. Simply disallow the RIAA bots in your robots.txt. Have the files use names of famous bands in the titles, but make them obviously not from that band. If they send you anything, then you could assume that the robot (because no human would make that dumb of a mistake) ignored robots.txt, and therefore circumvented a technological measure designed to control access to one or more copyrighted works. That particular charge would be rather funny because I'm sure that they never intended the DMCA to be useable against them.

      Another plus to the above is that you can still sue them for any number of other things. Whatever you think might be applicable is probably worth a settlement of at least ten thousand dollars.

    42. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      Yes your next one would have song titles like:

      "Ooops, I did it again!"
      "Hit me baby one more time!"
      "Unforgiven"

    43. Re:Why pay attention when your extorting? by Erasmus+Darwin · · Score: 1
      Hooray. Yet another post that ignorantly cites the circumvention provisions of the DMCA without bothering to understand what they mean. Here's the definition of "circumvent a technological measure" from the appropriate part of the law:

      " `(A) to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and"
      [emphasis is mine]

      So the $30,000 question is: Does the RIAA have the authority of the copyright owner of the work on petecarlson's server to circumvent technological measures protecting that work? Considering that the copyright holder is still either an RIAA artist or an RIAA artist's record label (even though petecarlson was the one who added the protection), then the answer is almost assuredly "Yes".

    44. Re:Why pay attention when your extorting? by 42forty-two42 · · Score: 1

      Wrong analogy - a web server is an active mechanism. The remote host asks for it, your server gives it. If you don't even bother to put a password, and put it where anyone can get at it (including spiders), then I don't think the courts will agree with you.

    45. Re:Why pay attention when your extorting? by oni · · Score: 1

      I'm no lawyer, but I think the RIAA would argue:
      a. you are only entitled to the fair market price for your work. So, they'd pay you $0.99 or something.
      b. a machine (spider) bypassed the click through so they were not bound by it. Now that they are aware of the EULA they elect not to agree and promise to delete all copies of your work.

      or the judge will throw out a 1billion dollar claim as just plain stupid. Now, if your click-through set the price at $5 per song you might get away with this. You'd just need 1000's of songs see any real money.

    46. Re:Why pay attention when your extorting? by Daniel · · Score: 1

      They are not law enforcement

      Actually, it seems they are. Or at least Penn State thinks they are. The article says that Penn State "remains committed to working closely with the RIAA and other law enforcement entities". (emphasis mine)

      Daniel

      --
      Hurry up and jump on the individualist bandwagon!
    47. Re:Why pay attention when your extorting? by minh7749 · · Score: 1

      Use robot.txt to tell them to go away, if they don't you're in for the money. It still doesn't get them off the hook because the software is used by them. A person who hires a hitman is just as guilty as the hitman. Next, they agreed to the price. It doesn't matter the what the market value is. If I sell you a dollar for a gold bar, that's your problem since you agreed to it. If I bought a dollar for a gold bar, it's my fault since I agreed to it.

    48. Re:Why pay attention when your extorting? by evilviper · · Score: 1
      the fact that you are offering the file for download yourself

      You could always get a CD from a friend, and illegially share that... Chances are your friend won't sue you for infringement, but would be happy to sue the RIAA.

      You don't need to download something to see the filename.

      As a matter of fact they do... I can setup a bot to spam Gnutella with names of all sorts of illegal files if I want to, they don't have to actually exist on the server. With HTTP/FTP there's always either a broken link, or access permissions. To verify that you have a file available, they would have to download it.

      Even the RIAA performs similiar practices themselves.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    49. Re:Why pay attention when your extorting? by evilviper · · Score: 1
      The problem with that is that Judges have, in the past, thrown out certain EULAs, or sections of EULAs, all without declaring EULAs unenforceable.

      Maybe we could turn it into a sport - corporation-baiting, here we come!

      I've never had more fun than when I watched MSN try to get their messenger to communicate with AOL's IM network... They knew neither could really sue the other into submission, so they both put up technical measures, which the other knocked down right away. I'd download the latest version of MSN Messenger twice a day, and I don't even care much about IM. Log-on, and let it sit idle for a couple hours, then "BEEP" "You have been logged of of AIM, please download the offical client." Take a few minutes, the go to the MSN site, and download the next version. Let it sit around until it gets logged-off, then repeat.

      The unfortunate part is that MSN gained enough users during that time, that AIM compatibility stopped mattering to them, and they dropped it. It's too bad though, they could have made it if they kept trying.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    50. Re:Why pay attention when your extorting? by Trickster+Coyote · · Score: 2, Interesting

      They seem to think that they are the only ones that own any copyrighted music.

      This is an ugly meme that seems to be spreading among people who don't stop to think or who don't understand the nature of copyright. For example my web hosting service (and many others, I'm sure) has the following clause in their AUP:

      Users may not... Use an account to host and/or distribute copyrighted software or files.

      If I were to take this clause literally, I could never put anything on my website other than a blank page since anything I create would be copyrighted by me. Also I wouldn't be able to help my nephew by putting up mp3s of his band since their are also copyrighted, even though he wants me to post them.

      Of course this could this be all corrected simply by adding the words "without the permission of the copyright holder" to the end of the clause. But obviously to them only entities that can hold copyrights are big music, movie and software companies.

      --
      Ideology is for ideots.
    51. Re:Why pay attention when your extorting? by Anonymous Coward · · Score: 0

      Ah, but if they didn't download it, how can they be sure that it was the copyrighted song? you've got them screwed both ways.

      BTW, perhaps a defense for piracy charges? put you own copywrited stuff in with all your other pirated stuff (with appropriate name switching), then when they bitch about you're pirating, slap them back with a countersuit for their own piracy.

    52. Re:Why pay attention when your extorting? by whitehat · · Score: 1

      "Why should the RIAA check their "sources"? They're making a lot of money/press by blackmail and coercion"

      Wow! When did Jesse Jackson take over the RIAA?

    53. Re:Why pay attention when your extorting? by JimDabell · · Score: 1

      As a matter of fact they do... I can setup a bot to spam Gnutella with names of all sorts of illegal files if I want to, they don't have to actually exist on the server. With HTTP/FTP there's always either a broken link, or access permissions. To verify that you have a file available, they would have to download it.

      Firstly, they aren't verifying adequately, as this very story emphasises. Secondly, no, you don't have to download it to verify a file is there. HTTP HEAD will do the trick, or simply requesting the first few bytes.

    54. Re:Why pay attention when your extorting? by Dylan+Zimmerman · · Score: 1

      They don't know that the files they are accuising you of pirating are the correct ones or not. They assume based on what their web crawlers and P2P searches turn up.

      As for a defense, that wouldn't work. Since you were the one that first 'pirated' the music, you're the one at fault.

    55. Re:Why pay attention when your extorting? by rifter · · Score: 1

      First off, it was a joke. I appreciate your attempt to alleviate the /. interpretation of the DMCA, however.

      Second off, perhaps you can tell me how the RIAA knows whose copyrights apply to the files on grandparent's hard drive without first looking at the files? After all, in the case of the files in the article the copyright would have been held by the University (or perhaps the professor in question).

      Thirdly, contrary to what the RIAA would have you believe, they do *not* represent every artist on earth, nor even every label. They represent the larger labels, yes, and probably most US labels, but not all.

      Fourth, they do *not* necessarily have permission even from every label under their umbrella to execute every investigation, and certainly do not have permission from many artists, who have come out and spoken against the RIAA. They have Madonna, Lars Ulrich, and IIRC Dr Dre's permission, but even then it's not like they go and say "Hey Brittany do you think it is okay if I crack petecarlson's computer?"

      The RIAA is an barely legal (if that) organization using essentially terrorist/mafia tactics and FUD to overstep any kind of boundary. Unfortunately the government has allowed them to get away with it so far and it seems there are no lawyers with the cojones to go toe to toe with theirs presently. They do not represent every copyright holder (though they wish they did, so they could screw them, too) and they are out of bounds in their attempt to attack anyone who has anything that might be copyrighted material (regardless of who truly owns the copyright).

    56. Re:Why pay attention when your extorting? by evilviper · · Score: 1
      Firstly, they aren't verifying adequately, as this very story emphasises.

      I believe the problem is that they don't have a human to verify the infringement... Never mentions anything about the file actually being unavailable.

      HTTP HEAD will do the trick, or simply requesting the first few bytes.

      Which would be downloading part of the file at least... They'd have to download enough to verify that it is an MP3, and that it isn't just empty.

      If they aren't doing that much already, they must be sending out subpoenas to millions of people, even their own companies...
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    57. Re:Why pay attention when your extorting? by Erasmus+Darwin · · Score: 1
      "Second off, perhaps you can tell me how the RIAA knows whose copyrights apply to the files on grandparent's hard drive without first looking at the files?"

      That's a tough one. In normal cases, it'd involve certain assumptions based on the fact that the person distributing those files is implying by their actions that they have permission to distribute them. If I were to rename GTAViceCity.zip to RedHatv9.zip and share it on KaZaA, you couldn't bust people who downloaded the zipfile in good faith, thinking that it was full of GPL'd software.

      However, this is a bit different, due to the unlinked directory factor. I suppose it really boils down to how the RIAA were to stumble across the directory. If it was because a random third-party linked to the formerly unlinked directory, then it's that third-party that did all the circumvention. The directory has ceased to be protected by its unlinked status, even before the RIAA enters the picture. At that point, you could also argue that it's the third-party that's primarily responsible for making the potentially copyright infringing, but given the absurdly weak protections inherent in just using unlinked directories for security, the person who put the mp3s in that unlinked directory would probably still have some contributory infringement liability as per my original response to petecarlson.

      "even then it's not like they go and say "Hey Brittany do you think it is okay if I crack petecarlson's computer?""

      Well, first off, cracking and circumventing a security device (as per the DMCA) are two separate beasts. The first one will get you in trouble regardless of what you find on the computer you crack. The second one only applies if there's copyrighted material being protected, and thus is covered by my arguments above.

      As for getting permission from the artists, the RIAA is presumably only going after infringement cases involving works that they've already received permission from the copyright holder to protect. It makes more sense to say, "Okay, Britney, Metallica, and Usher are on our 'protect it' list -- let's scan KaZaA for things listed as being by those artists" rather than "Let's look at every single mp3 and then try and figure out whether or not we can get permission."

      Also, as a side-note, it's worth pointing out that the copyright holder isn't always the artist. When a multi-billion dollar corporation offers to spend the money to turn "that cute girl on that Disney show" into "Britney Spears, international superstar and house-hold name", you can bet they're going to push to get the copyright transferred to them.

    58. Re:Why pay attention when your extorting? by rifter · · Score: 1

      Also, as a side-note, it's worth pointing out that the copyright holder isn't always the artist. When a multi-billion dollar corporation offers to spend the money to turn "that cute girl on that Disney show" into "Britney Spears, international superstar and house-hold name", you can bet they're going to push to get the copyright transferred to them.

      Which is exactly one of my biggest gripes about the RIAA and its members. Their press releases paint a picture of artists toiling to create these works which you are stealing (thus causing the poor poor artists to starve). The reality is the poor poor artist was toiling away and starving anyway specifically because the RIAA stole his/her work, and are now trying to steal from you, too and make you feel bad about working against them.

  11. Re:Typical Hot heads by Goalie_Ca · · Score: 1

    Actually i posted it anonymously. I don't like those things modding me down b4 i think up a real comment around 2 minutes later (the /. time limit). (which halted me from getting the 2nd comment as well).

    --

    ----
    Go canucks, habs, and sens!
  12. Ok, so score one for the RIAA by Spazholio · · Score: 4, Funny

    That makes it what, roughly a billion or so to go until they've atoned for stifling creativity and ruining music? Anyway, what kind of company would use software that sends out cease and desist letters automatically? Shouldn't there be at least SOME human intervention? That way, someone could say, "Hey, I've never heard of this Professor Usher. Did we just sign him? Maybe we should look into this. Or at least, I dunno...listen to the file first?"

    1. Re:Ok, so score one for the RIAA by WaxParadigm · · Score: 2, Informative

      There is human intervention, with EVERY letter - this time some employee just didn't follow the procedure. It's probably cause they're paid by the letter or some shit (like the stop light cameras that are run by companies who get a piece of each ticket) which only motivates them to do as little checking as possible to get their numbers up.

    2. Re:Ok, so score one for the RIAA by u-235-sentinel · · Score: 1

      "Shouldn't there be at least SOME human intervention?"

      You are of course presuming the RIAA is human.

      Personally I think the music industry is all automated these days. Why hire people when consumers will even pay for crappy music anyway :-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    3. Re:Ok, so score one for the RIAA by Anonymous Coward · · Score: 0

      Or at least, I dunno...listen to the file first?

      The RIAA knows what kind of crap they put out, and feel that only lowly serfs should be subjected to listening to it.

  13. Like MS Office vs OpenOffice.org by DJ+Rubbie · · Score: 3, Insightful

    Just like that other time when OpenOffice.org got nailed for distributing their own software.

    Yup, that's their mentality: Guilty until proven innocent.

    --
    Please direct all bug reports to /dev/null
    1. Re:Like MS Office vs OpenOffice.org by Gortbusters.org · · Score: 0, Offtopic

      Iraq anyone?

      --
      --------
      Free your mind.
    2. Re:Like MS Office vs OpenOffice.org by su007 · · Score: 1
    3. Re:Like MS Office vs OpenOffice.org by rifter · · Score: 1

      You know the funny thing is that the letter also says that the accusation is being made "under penalty of perjury." One has to wonder if the RIAA letter has similar language. I think both entities deserve a whacking on this count.

  14. I hope they accuse Darth Vader of piracy by Anonymous Coward · · Score: 5, Funny

    ...because we know how he accepts apologies!

    1. Re:I hope they accuse Darth Vader of piracy by Zog+The+Undeniable · · Score: 1

      I bet the RIAA second-in-command has his eye on that Admiral's uniform though ;-)

      --
      When I am king, you will be first against the wall.
  15. subtlety of the term "temp employee" by swifticus · · Score: 5, Insightful

    "We have withdrawn, and apologize for, the DMCA notice that had been sent to Penn State University in error. In order to safeguard against errors like this one, we have individuals look at each and every notice we send out. In this particular instance, a temp employee made a mistake and did not follow RIAA's established protocol, and we regret any inconvenience this may have caused. We are currently reviewing any other notices this temp may have sent."

    I think by "temp employee," they mean to say the person responsible is now fired. Doesn't sound like the RIAA really took responsibility for the incident either, but rather placed the blame on John Doe.

    1. Re:subtlety of the term "temp employee" by adsl · · Score: 5, Insightful

      Simply amazing that the RIAA with all their highly paid Lawyers is actually run by temporary employees who have the real Power. LOL Are the RIAA for real, trying to blame some temp employee upon whom they gifted the ultimate powers of a Billion dollar organization..... Sort of sets up a defence, I am sorry I didn't actually download these illegal music files, it was done by a temp empoyee of mine who I have fired. Please accept my apologises like yours were accepted by Penn State University or is there one Rule for you and another fo me:)

    2. Re:subtlety of the term "temp employee" by TopShelf · · Score: 1

      and what are they doing involving temps in something like this anyway? I'd think that if you're going to start throwing around legal nastygrams, you'd at least have dedicated personnel involved!

      --
      Stop by my site where I write about ERP systems & more
    3. Re:subtlety of the term "temp employee" by tankdilla · · Score: 1
      Hmm... a temp ehh???

      Could this be the same temp who proposed getting 97.6 gazillion dollars from college students?

      And I guess that knowing this, um, temp did it and got fired is supposed to make the university feel better and not make the RIAA look like a big bunch of Salem witchhunters.

      --

      -Look lively. LOOK LIVELY!!! --Mr. Shmallow

    4. Re:subtlety of the term "temp employee" by AEton · · Score: 1

      "Temp employee" is kind of a vague term. Much of Microsoft's staff could be interpreted as being "temp employee"s.

      --
      We recently had heard in the office over one of the Yellow Machine that's made by Anthology Solutions.
    5. Re:subtlety of the term "temp employee" by Feanturi · · Score: 1

      They're clearly lying about this temp employee. No human being would make such an absurd assumption. Think of how many perfectly valid targets they have, millions probably. Can't do that with humans, they have to use dumb software or they'd never hope to make a dent in the situation. So, I wonder what could happen if this lie could be proven and demonstrated. Perhaps it could be used to sue for harrassment.

    6. Re:subtlety of the term "temp employee" by Anonymous Coward · · Score: 0

      or is there one Rule for you and another fo me

      Yes, now apologize for talking back.

    7. Re:subtlety of the term "temp employee" by bobbozzo · · Score: 1

      All we need is to get more of their "temps" to do more of this.

      --
      Nothing to see here; Move along.
    8. Re:subtlety of the term "temp employee" by zcat_NZ · · Score: 1

      And some of Microsoft's 'temp's should probably be considered permanent staff.

      (Google for "microsoft permatemp" some time :)

      --
      455fe10422ca29c4933f95052b792ab2
    9. Re:subtlety of the term "temp employee" by the1brian · · Score: 1

      Let's all go sign up at a temp agency to "work" for the RIAA ;) ... See what happens then... Realistically, there's no way they can throw this all on one temp...can you say Scapegoat?

      --

      ~Brian
    10. Re:subtlety of the term "temp employee" by adsl · · Score: 1

      What we have here is an employer (RIAA) unwilling to take full responsibility for the actions of an employee. Were the RIAA to hire a decent lawyer he would tell them that as the employer they are fully responsible for all the actions of their employees. Hence the RIAA's excuse is pitiful and stereostypically of an organization in chaos without proper executive Leadership.

    11. Re:subtlety of the term "temp employee" by Erasmus+Darwin · · Score: 1
      "What we have here is an employer (RIAA) unwilling to take full responsibility for the actions of an employee."

      They explained how the problem occurred, they explained the safeguards in place to prevent the problem, they publically apologized, and they offered some gifts along with that apology. Short of damages being claimed by Penn State (which is unlikely, given that the university accepted the apology), what more responsibility is there for them to take?

    12. Re:subtlety of the term "temp employee" by Reziac · · Score: 1

      "...we have individuals look at each and every notice we send out." Nowhere do I see it say that they check the notice for accuracy, only that someone looks at it.

      I have this vision of an RIAA boilerroom full of expendable temp employees...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    13. Re:subtlety of the term "temp employee" by fizbin · · Score: 1

      No human being would make such an absurd assumption.

      That's what you think.

      Clearly, you've never been on the other side of the desk during a job interview. Either that, or you've been insanely lucky in the applicants you see.

    14. Re:subtlety of the term "temp employee" by Feanturi · · Score: 1

      No, I stand by my assertion. As the article described things, I imagine the ftp directory to look something like this:

      somescistuff.tar
      someotherstuff.gz
      ThatProfWho seNameLooksLikeABand.txt
      somemorestuff.txt
      Singi ngNerds.mp3
      yetmorestuff.tar

      Is that a bit more clear? I really really don't think this was viewed by a human.

  16. Penn should have pushed its advantages by SysKoll · · Score: 4, Insightful

    Penn acted as spineless morons.

    They should have slapped the RIAA fools with a libel lawsuit and requested an injunction to keep RIAA away from their computers forever or else. Then, only then, settled out of court if needed.

    You can't even trust academia to defend their own these days. Sheesh.

    -- SysKoll
    --

    --
    Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

    1. Re:Penn should have pushed its advantages by UniverseIsADoughnut · · Score: 1

      "Penn acted as spineless morons."

      It's Penn State, Penn is a differant school

      A freind of mine got this letter and it scared the shit out of her. Glad to see it wasn't what people thought.

      I can say this, when it comes to this kind of thing PSU isn't very good at standing up to the RIAA, they have been giving into them for the past few years. I suppose it's the same everywhere.

    2. Re:Penn should have pushed its advantages by wik · · Score: 1

      Have you looked at the budgets for state schools in the past few years? Notice how much red ink there is? Academia barely has money to keep academic programs running, let alone pay for a garbage lawsuit like that.

      P.S. "Penn" refers to the University of Pennsylvania, not Penn State.

      --
      / \
      \ / ASCII ribbon campaign for peace
      x
      / \
    3. Re:Penn should have pushed its advantages by YoYeah · · Score: 1

      No way, now that the RIAA boys have apologized, I'm sure they will make amends (work closely) and write a big fat check to the Penn State:

      a. Science Department,

      b. Music Department,

      c. Legal Department,

      d. Stadium fund.

      (you know the answer.)

    4. Re:Penn should have pushed its advantages by Guppy06 · · Score: 1

      Do you want to be in charge of explaining to the PSU student body why they can't get anybody to play any concerts?

    5. Re:Penn should have pushed its advantages by Anonymous Coward · · Score: 0

      Yes, I'd be happy to explain that. Is that a rethorical question?

    6. Re:Penn should have pushed its advantages by MikeJ9919 · · Score: 3, Interesting

      I take issue with that. As the Director of Technology Affairs for Penn State's Undergraduate Student Government, I'd just like to say that Penn State is not spineless in the slightest. However, they only show this amazing amount of courage when slapping around students. As you may have noticed in all sorts of press (NYTimes, USA Today, others...), Penn State recently nailed a bunch of students with violations of the DMCA. What they didn't tell you (thank you, press) was that Penn State blatantly violated its own policy of not monitoring student network activity. I know what you're thinking...but they could be sued if they didn't comply, right? Nope. Penn State INITIATED the investigation. They didn't get any kind of takedown notice. Fortunately, a student body of 40,000 does give us SOME pull in the student government. One of the people in Judicial Affairs was quoted in the school newspaper as saying that they only gave them a slap on the wrist because they wanted to avoid a lawsuit...which any student would have been perfectly justified in filing. Unfortunately, since we're poor college students, it's too damn easy to kick us around.

      -Mike-

    7. Re:Penn should have pushed its advantages by Guppy06 · · Score: 1

      "Yes, I'd be happy to explain that."

      Says the anonymous coward...

    8. Re:Penn should have pushed its advantages by Anonymous Coward · · Score: 0

      Not literally, stupid. Just like Penn State hasn't "slapped the RIAA fools with a libel lawsuit": It's a hypothetical consideration. The explanation you were asking for is so obvious and so true from both sides of the dispute that I don't think anyone would have the slightest problem understanding it. If the RIAA fired back on behalf of their artists by telling the representatives of the student body to get lost, then that would be a perfectly natural and acceptable reaction to the continued disrespect which the students express by not paying for the music. There are artists who don't see copying as disrespect but as flattery. Give them a chance. The RIAA walks a fine line: They can't stop bombarding us with mainstream music because we'd find other music if they stopped. They can't allow us to be too open about our addiction either, because sharing undermines their business model.

    9. Re:Penn should have pushed its advantages by finkployd · · Score: 4, Insightful

      Penn acted as spineless morons.

      With a member of the RIAA on the board of trustees, I doubt PSU will ever stand up to the RIAA, no matter what they do.

      You can't even trust academia to defend their own these days. Sheesh.

      Look at the state of higher ed today. It is all about corporate sponsership and pleasing their corporate masters. The students are just a necessary annoyance. At PSU our career services building is called the MBNA building and Pepsi products are the only soft drinks that are allowed to be sold on campus.

      Finkployd

    10. Re:Penn should have pushed its advantages by Lord+Ender · · Score: 1

      "They should have slapped the RIAA fools with a libel lawsuit"

      Sorry, libel only works if something is published that is false and ruins someone's reputation. This was not 'published', it was sent in a letter directly to penn state.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    11. Re:Penn should have pushed its advantages by FroMan · · Score: 1

      I don't know if you have noticed, free speech isn't supported at all by many universities. How many have speech codes against "hate" speech. How many have prevent the freedom of religion on campuses now? How about even yesterday I came across an article where a couple clubs on campus were not allowed to have pig roasts since they could offend vegi's and muslims?

      Schools are by no means havens for freedom of speech. They are like the public schools now, bastions of PC thought and
      anti Christianism.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    12. Re:Penn should have pushed its advantages by SysKoll · · Score: 1

      Thank you, I stand corrected. However, if someone privately threatens you with a lawsuit for some felony you haven't committed, is there really no way of retaliating?

      --

      --
      Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

    13. Re:Penn should have pushed its advantages by bryan1945 · · Score: 1

      Yeah, I'm disappointed with my alma mater. What they should have done was get JoePa and the football boys, go to the RIAA's office, and enforce some "education" on them.

      That would make a cool Sportscenter commercial, me thinks.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    14. Re:Penn should have pushed its advantages by bryan1945 · · Score: 1

      Actually, PSU athletics are totally self sufficient, mostly from football. Scholarships? Paid by the athlectic department. The stadium may have gotten some money from the general fund or from the state, but probably not much.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    15. Re:Penn should have pushed its advantages by rifter · · Score: 1

      IANAL, but as I understand there are some remedies here. Essentially (though I forget the complex legal terminology for it) you cannot just threaten to sue someone at random and then not do it, or just apologize. They can sue you for threatening a frivolous lawsuit.

  17. The pope is next... by Anonymous Coward · · Score: 0

    ftp://vatican.com/madonna/Prayers_1.mp3

    be funny if they replaced it with the swearing maddona mp3

  18. horrible apology by asavage · · Score: 5, Funny
    By way of additional apology, the RIAA said it will send Peter Usher an Usher CD and T-shirt "in appreciation of his understanding."

    Worst apology ever.

  19. What's in a name? by LeRoco · · Score: 2, Interesting

    Fact - My first name is Rock (R - o - c - k)(Yes that's what my parents choose)
    Fact - I'm in the Radio business
    Fact - I have lots of Mp3's named rockxx.mp3 on my computers (where xx is a number)

    I can't imagine the drool that would be produced by the RIAA if they were to ever come across my hard drive. I'm sure they would think "Pay-Dirt!!" When in actuality it's just another voice in the crowded radio dial.

    I'll have to warn my good buddy John L. Zeppelin to be on the lookout for the RIAA piranha. (His real name too!)

    1. Re:What's in a name? by buck_wild · · Score: 1

      Hey, if that's all it takes to keep her looking like the easy white trash that she is, so be it.

      --
      If all you have is a hammer, everything looks like a nail.
    2. Re:What's in a name? by jishcat · · Score: 0

      I was considering naming my next offspring 'projectionist', or 'ticket-taker', in the hopes they would one day become famous R&B artist and send some money their old man's way.

  20. Perhaps by mrgrey · · Score: 1

    It appears that the automated system that the RIAA uses picked the term "Usher" and the extension ".mp3" on an FTP site...

    Perhaps we should start something like what went on with e-mails when ECHELON went public. Host a bunch of text files with the names of popular songs with the .mp3 extension. Just wait for the false positives to show up in your mailbox...

    --
    -Tolerate my intolerance
    1. Re:Perhaps by Moonshadow · · Score: 3, Funny

      Better yet, virus-riddled files named Britney Spears - One More Time.mp3.exe - let them download and "check" them. ;)

  21. Ha! Now that's ironic by Phoenix666 · · Score: 4, Funny

    The RIAA suing a professor for violating the copyright of a band named Usher, for which they should be getting sued to death by the heirs of Edgar Allen Poe.

    Ahem, no matter what I predict we will see the Fall of the House of Usher...

    --
    Do what you can, with what you have, where you are.
    1. Re:Ha! Now that's ironic by Anonymous Coward · · Score: 0

      Yeah!

      And so should Arthur Gordon Pymm

  22. More like this! by Anonymous Coward · · Score: 0

    How about removing files where the filename contains "any Spear"....

  23. Re:Assasination by offpath3 · · Score: 3, Funny

    I too would think twice if someone assassinated me.

  24. Why are we still talking about a sunset industry? by Hao+Wu · · Score: 1

    The music industry is Doomed. When you receive a lethal wound, you may still still linger for awhile and even twitch after you're dead. Either way, it's history. Don't believe me?

    "It's written on the studio wall!"

    Salesmen.

    --
    I suggest you read Slashdot
  25. Re:horrible apology by heff · · Score: 1

    how insulting is that.. this has become way out of hand. we need to stop the media lobby's now.

    --

    --

    |-_-| . o O ( bEef!)

  26. Re:Typical Hot heads by El_Servas · · Score: 1

    Mmmm... what if I have a file named with a trade mark?

    What if I am working in a project that somewhat stains the owner of the trademark reputation? (i.e. a bad review of statistic)

    This is bad. I could be sued if the filename is THAT important... Right?

    Jeez...

  27. Re:Hit Me Baby One More Time by wo1verin3 · · Score: 2, Insightful

    On that note, maybe we should start putting files called "this_is_not_britney_spears_hit_me_baby_one_more_t ime.txt.mp3" files on public ftp servers..

    That aside, is there any sort of legal problem with the RIAA randomly searching FTP sites and logging in to them searching through directories for files? Is this unauthorized access if there is an MOTD that states they are not allowed to access it?

  28. "Honest mistake" ?!?!?!? by drdanny_orig · · Score: 5, Interesting
    If you think about it, almost every word in the English language appears in some band's name somewhere. The mistake may have been "honest" (although I find that a questionable use of the word), but they're apt to be making it a lot in the coming months.

    And it would also appear that simply using a phony filename extension will be enough to fool the "automated system." From now on, I and all my partners in tune trading criminal activities will use .RIAA to denote classic .mp3, and .MPAA instead of .mpg or .mpeg, but only on even numbered days. Other times we'll switch 'em around. That oughta hold 'em off for a while.

    Oops! Did I just divulge a circumvention technique? Will I be liable for prosecution under DMCA or US-PATRIOT or some other silly-ass law?

    --
    .nosig
    1. Re:"Honest mistake" ?!?!?!? by shepd · · Score: 5, Funny

      RIAA man wants to speak with you for using the terms "Honest" and "Mistake".

      Search results for Honest found "Rolling Stones", clearly a signed artist.

      Search results for Mistake found "Sheryl Crow", also a signed artist.

      Please do not encourage the use of the english language for furthering piracy anymore.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    2. Re:"Honest mistake" ?!?!?!? by Anonymous Coward · · Score: 0

      USA PATRIOT Act, not the US-PATRIOT Act, thank you very much. It actually stands for something (go search on google for it if you don't know).

      What you described shouldn't infringe on the DMCA, but if the RIAA/MPAA decides to "decipher" your encryption, THEY would infringe upon section 17 USC 1201(a)(1)(A) of the DMCA because they are circumventing a "technological measure" imposed by you.

    3. Re:"Honest mistake" ?!?!?!? by mrpuffypants · · Score: 1

      why use .RIAA or .MPAA? just use .txt and if you're on *NIX then it really doesn't matter anyway. If you're on windows then just re-map your extensions. Poof! Who'd look at .txt files?

      Better yet! Use .doc and let the RIAA battle MS somehow in a super Sunday Battle of the Heartless Corporations! Sunday! Sunday! Sunday!

    4. Re:"Honest mistake" ?!?!?!? by spot35 · · Score: 1
      That reminds me of a passage in pulp fiction.
      ...It's illegal to carry it. But, get this, if the police stop you, they can't search you. That is a right the police don't have.
    5. Re:"Honest mistake" ?!?!?!? by aborchers · · Score: 1
      Oops! Did I just divulge a circumvention technique?


      No. You created one. Now they will be liable if they circumvent it.

      --
      Trouble making decisions? Just flip for it.
    6. Re:"Honest mistake" ?!?!?!? by Anonymous Coward · · Score: 0

      Your idea has considerable merit; however, I just searched Kazaa for *.mpaa and got one hit: BASEketball. Dude, you need to get out more often and meet some people. Just to get you started, I suggest you scroll up four posts; Savatte needs a friend, too.

    7. Re:"Honest mistake" ?!?!?!? by drdanny_orig · · Score: 1
      Yikes....that Kazaa *.mpaa thing is not mine. That posting here was a shameless attempt to up my karma, and should in no way be taken seriously.

      [You hear that, Mr. Valenti? Please don't arrest me!]

      Signed,

      The Coward

      --
      .nosig
  29. Usher & MP3 were not even in the same file! by anagama · · Score: 3, Informative

    Get this: The department has on its faculty a professor emeritus named Peter Usher whose work on radio-selected quasars the FTP site hosted. The site also had a copy of an a capella song performed by astronomers about the Swift gamma ray satellite, which Penn State helped to design.

    That kind of search could only be termed "shotgun".

    --
    What changed under Obama? Nothing Good
  30. database of RIAA ips? by Lawrence_Bird · · Score: 4, Interesting

    is there any database of RIAA server IP's or their minions? Just on general principles I would like to block them all. Their actions are damn close to illegal search and seizure, at least IMHO.

    1. Re:database of RIAA ips? by heXXXen · · Score: 5, Informative

      the range of ip adresses that the RIAA owns

      just block them on your firewall

    2. Re:database of RIAA ips? by joFFeman · · Score: 1

      come on! for it to be 'illegal search and seizure' the riaa would have to be a government entity. no, the riaa's action in this case is more akin to hillary rosen, on company time & orders, entering your unlocked home and flipping through your CD collection with her stinky fingers. but then again, which is worse?

      --
      "Life is great; without it, you'd be dead." -Harmony Korine
    3. Re:database of RIAA ips? by essdodson · · Score: 1

      How is this at all like illegal search and seizure at all?

      It's like you're having a garage sale, all your stuff sitting on your front lawn, inviting everyone to come by and take a look. In addition you lay out a nice sack of Marijuana and a cop walks by, I guess if he busts you without a search warrant it's illegal search and seizure?

      --
      scott
    4. Re:database of RIAA ips? by cptgrudge · · Score: 3, Insightful
      It's like you're having a garage sale, all your stuff sitting on your front lawn, inviting everyone to come by and take a look. In addition you lay out a nice sack of Marijuana and a cop walks by, I guess if he busts you without a search warrant it's illegal search and seizure?

      RIAA =! Law Enforcement

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    5. Re:database of RIAA ips? by sigh71 · · Score: 5, Informative

      if you are in the windows world there is an app out there called peer guardian that blocks all riaa/mpaa etc type ips from connecting to your machine...

      i think it gets its banned ip's from here

      http://www.simply-click.org/uploadertest/pg2.asp

    6. Re:database of RIAA ips? by cranos · · Score: 1

      Well last I checked the *AA's had not been inducted as law enforcement authorities. Hence they only have the same rights as your average citizen. Well at least thats the way it should work anyway.

    7. Re:database of RIAA ips? by PhilHibbs · · Score: 1
      RIAA =! Law Enforcement
      Wrong!
    8. Re:database of RIAA ips? by stud9920 · · Score: 1

      What I wonder, is whether it is possible to configure routers to drop packets from certain network ranges.

      That would be pretty neat, I don't think there are routing tables that make routing decisions based on the from-address, so it would be hard to route packets around the problem.

      That would be an easy solution to get rid of organisations or people that shouldn't be on the internet in the first place, like spammers, the RIAA or the MPAA.

    9. Re:database of RIAA ips? by UnknownQ · · Score: 1
      It's like you're having a garage sale, all your stuff sitting on your front lawn, inviting everyone to come by and take a look. In addition you lay out a nice sack of Marijuana and a cop walks by, I guess if he busts you without a search warrant it's illegal search and seizure?

      MP3s != Marijuana
      If you stole the weed it would be a different story.
      --
      Wherever you go, there you are!
    10. Re:database of RIAA ips? by Anonymous Coward · · Score: 0

      FUCK! Even trolls know that's a bad ANALo[r]gy!

      TROLL
      TROLL
      TROLL
      TROLL
      TROLL
      TROLL
      TROLL
      T ROLL
      TROLL
      In Soviet Russia, inner city children make bad music that Usher steals!

  31. never thought I'd say this by Anonymous Coward · · Score: 0

    props to the RIAA for doing the right thing... for once.

    1. Re:never thought I'd say this by nate+nice · · Score: 1

      doing the right thing? Scanning peoples computers and aaccusing them of things which are untrue? They didn't do the right thing. They did the the only thing they could do, and weasled out of it at that. It's a shame Penn State doesn't fuck them back. They sent the professor a CD and t-shirt. What an insult.
      So, now that they sent it to him, it is up to him to make MP3's of it all and post it on his server.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
  32. re: Assassination by wattersa · · Score: 1

    ironically, there is a grain of truth in your proposal to assassinate executives. It could even be utilitarian to eliminate malevolent corporate actors, kind of like a Darkman or Robin Hood figure; there's something quite satisfying about an underdog who robs from the rich and gives to the poor, isn't there?

    I suspect the anti-globalism crowd (which probably correlates with your view) is a big reason that "Executive Protection" is now a huge industry-- and why not?

  33. yea, easy to make false allegations first by dh003i · · Score: 3, Interesting

    Yea, it's real easy to make false and unsubstantiatable allegations first, then apologize if someone their false when someone provides proof. That's alot easier and cheaper than actually verifying the validity of the accusation first. The RIAA doesn't give a flying fuck that this costs individuals and universities thousands of dollars. Not their concern -- after all, in the US, you're free to make false and ludicrous accusations against anyone without any proof.

    1. Re:yea, easy to make false allegations first by Anonymous Coward · · Score: 0

      fucking christ again?

      didn't i just get on to you young man an article or two ago about posting the most obvious thing known to man?

    2. Re:yea, easy to make false allegations first by gemAthena · · Score: 1

      That's a bit harsh I say! I mean, they are sending the prof a free T-shirt and CD. Coming from an organization that sues for 97 Billion dollars, that's a real apology.

  34. Weird names are awsome! by Savatte · · Score: 4, Funny

    I have a friend named Billy G. Metallica-Sucks.

    Ok maybe not. I don't really have any friends.

  35. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  36. Re:Why are we still talking about a sunset industr by Anonymous Coward · · Score: 0

    I wouldn't say the industry is doomed, it's the conservative mind of the people behind the organizations. It just happens to much nowadays that people yell "The RIAA/MPAA sucks!" while they really mean: "The opinions of the minds behind the RIAA/MPAA suck goat ass!". That's what bothers me...

  37. With What Money? by Bios_Hakr · · Score: 1

    Do you honestly think you could win agianst them? Do you even think it would get to trial before you were bankrupted? Do you really have the time to fight that battle?

    <EFF HINT>Of course, winning one time would easily bankroll all the other cases :) </EFF HINT>

    --
    I'd rather you do it wrong, than for me to have to do it at all.
  38. Shoulda pushed 'em by M@T · · Score: 1


    Personally I would have taken it to court.

    They could have pushed them right up to the point where the prosecutor says "You honour, I'd now like to play the contents of Exhibit A to the jury..." ...at which point you counter sue ;)

    --
    'sapientia potestas est'
    1. Re:Shoulda pushed 'em by Anonymous Coward · · Score: 0

      actually, you can't. It's called discovery and you have to disclose your info to the other party before trial.

    2. Re:Shoulda pushed 'em by buck_wild · · Score: 1

      I think that was his point. Penn State gets taken to court and THEN the lawyers find out that the stolen music, um, isn't really stolen. Supposed to be funny, I think.

      --
      If all you have is a hammer, everything looks like a nail.
  39. Overloading the namespace. by ktakki · · Score: 2, Funny

    I suppose it's only a matter of time before the same thing happens to Professore Arturo Metallica of the University of Milan.

    k.

    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  40. not the only psu this was sent to by Anonymous Coward · · Score: 0

    Worth noting is an absolutely identical e-mail was sent to portland state university (www.pdx.edu - the other PSU ;) ) regarding usher and mp3's. It was also an invalid claim involving one of the public ftp sites on campus. It just came in this week.

    Yay for the RIAA, protecting professor's names all over the country.

    Or maybe it's just the combination of Usher, mp3, and universities called psu.

    1. Re:not the only psu this was sent to by Anonymous Coward · · Score: 0

      Obviously PSU is some kind of acronym for "please steal Usher".

  41. An Usher CD? by Sheetrock · · Score: 1
    Haven't they done enough to this guy already?

    We need to find a way to get the BSA and the RIAA to cross paths so that we can work our way back to a usable Internet.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




  42. Go america, show us how its done! by evil9000 · · Score: 1

    I feel so safe and comforted that the RIAA is sending automated legal notices to everyone... this case reminds me the florida state election where the ficticious prez got his mandate... where thousands of black people were disqualified to vote because their initials match criminals imprisoned, convited or dead for a couple hundred years...

  43. Hosting Fake Files by aSiTiC · · Score: 4, Interesting

    This gives me a great idea. Just like RIAA/MPAA is flooding p2p networks with fake files we could flood their search methods with fake files.

    If every internet user with a webpage hosted 2-3 blank mp3 files with names like "BritneySpears-Baby.mp3", etc... The time it would take RIAA/MPAA to find all of them and verify them as blank would flood their capabilities.

    1. Re:Hosting Fake Files by efuseekay · · Score: 2, Funny

      Good idea. You might get free Britney T-shirts.

      --
      Mode (3) smart-aleck mode. Press * to return to main menu.
    2. Re:Hosting Fake Files by geeklawyer · · Score: 2, Funny

      great idea. heres an improvement. Actually provide an mp3, named as you suggest, with a recording of you saying "RIAA, what the fuck do you think you are doing?"

      --
      -he who laughs last, is a bit slow.
      journal
    3. Re:Hosting Fake Files by S_hane · · Score: 1
      If, further to this, we added the word "ENCRYPTED" to the file name, and attach encrypted but freely available mp3 files, then they'll have no way of actually knowing (short of breaking each encryption key) whether the file is really what it purports to be or not.
      • -Shane
    4. Re:Hosting Fake Files by clickety6 · · Score: 4, Funny

      It's already happening. Every time I download mp3s that are marked Britney Spears or Back Street Boys or some other recent artist, all I get is a completely crap song that nobody in their right mind would download for free let along pay for... Where are the real songs?!?

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
  44. That's no temp by gad_zuki! · · Score: 1

    >I think by "temp employee," they mean to say the person responsible is now fired.

    Actually, they made the mediaforce software an employee on a temporary basis. If corporations can be people, then why can't software be people also?

    "Your Honor, it was Mr. Mediaforce, a temp who has since been upgraded to the newest version."

  45. I'm doing my part... by Anonymous Coward · · Score: 0

    I have MP3s hosted with popular names, but they're just random bits of the Linux kernel as heard here

  46. The current state of things... by SpyderPSU · · Score: 5, Informative

    I'm an undergrad here at Penn State. Over the past few months they have been cracking down on copyrighted materials. They emailed the following letter to every student in the University:

    I have a serious message for you about making illegal copies of copyrighted material. While you may be tempted not to read this email, I suggest that you do so in order to better understand just what the risks and penalties are for violating the law.

    In recent years, high-speed computer networks and personal computers have made it easy to copy computer programs, movies, and recordings. Most of this material is copyrighted, which means the right to make copies is restricted. Making copies of any copyrighted material without the right to do so is against both state and federal law and University policy. Most people who make illegal copies know it is wrong, but are unaware of how severe the penalties can be.

    The US Copyright Law (Title 17 of the US Code) has very serious penalties for violations. These include significant fines for each copy. If you copy more than $1,000 worth of material, there are criminal penalties that include substantial fines of up to $250,000 and up to 10 years prison time for flagrant cases of infringement.

    The software, record, and movie industries are stepping up their enforcement of copyright laws. They are using computer technology to detect those who run servers or simply download something they have no right to possess. The likelihood of being caught is growing every day, and prosecutions will become more frequent.

    You may have downloaded copyrighted materials and not been caught, so you think you're safe from prosecution. I urge you to think again. Two students in Oregon were caught and prosecuted under the criminal statutes. One received a suspended two-year sentence, the other spent time in jail. A student in North Carolina spent 41 months in prison for copyright infringement. Messing up your future is a steep price to pay for music or a video.

    What happens at Penn State if you are caught? By statute, the University must immediately block your network access when we receive notification that a particular computer has been involved in a violation of the law. You may also be taken to court by the copyright holder or charged in the federal courts with a crime. That is not all that can happen. You should know that falsely certifying either that you have the right to material or have removed it can result in federal perjury charges as well as copyright infringement.

    What else does Penn State do? When we receive a complaint, student offenders are referred to the Office of Judicial Affairs and employees to the Office of Human Resources. Why? Because it is illegal and against University policy to infringe on someone's copyright. A student can be expelled and an employee terminated under University policy.

    The bottom line is that there is a potentially high price to pay for an illegally copied computer program, movie, or recording. Stealing is stealing and against the law, regardless of how you try to justify it.

    Thank you for your cooperation.

    Rodney A. Erickson March 31, 2003


    After the letter was sent 220 students were served notices from the Judicial Affairs Office. You can read more about it in the school newspaper. school newspaper. In the article it says, "Rodack said it can take only one complaint against a student before dorm Internet connection is shut down and he or she is investigated."

    Has anyone else seen the same pattern at their school? Is this par for the course?

    Can this post get any longer?

    1. Re:The current state of things... by wirelessbuzzers · · Score: 1

      Yeah, they have a policy like that at Harvard too.

      They have absolutely no intention of enforcing it though, unless they receive nastygrams from the (RI|MP)AA.

      It's not like they're gonna bother scanning port 1214...

      --
      I hereby place the above post in the public domain.
    2. Re:The current state of things... by NetDrain · · Score: 4, Interesting

      The direct connect hub that a student ran here at Cal Poly in California raised its head too high and got cut off -- the student got a judicial review and ran off with his tail between his legs.

      Even my Residential Advisor got nailed for a movie. People get their ports shut off and get called in by the dozens. My friend who works in the Residential Network offices, in addition to telling us what they're cracking down on, told me that they get a good deal of letters from the MPAA and the RIAA, demanding specific students knock it off: under the DMCA, our school acts as an ISP, and can be held accountable. It hasn't really deterred anyone, and there haven't been any criminal charges, but students get nailed all the time.

      Except those who still know how to lie low and run Hotline servers.

    3. Re:The current state of things... by pazu13 · · Score: 1

      What stands out about the message is that the RIAA is saying that it is willing to do what it can to students who violate copyright. I'm not siding with it, by any means, but I think it indicates a fundamental mindset that is key to the whole "Free music until the prices are fair" movement. RIAA: "If you violate copyright laws, we can fine you an obscene amount of money and destroy your future. Is destroying your future worth a song?" Students, et al.: "You want to destroy my future just because I downloaded a song? That's crazy, man!" The point about downloading music being theft is well taken, because it's true. But it's also a form of civil disobedience. If I download a song, even to sample it so that I can discover if I want the album, I'm breaking the law. But the mindset about computers is that this is such a petty thing, something done ridiculously easily, that it can't be equivalent to lifting a CD from the store. And if the RIAA does succeed in getting that message across, do they really want to? "Hey, kids, those CD singles that we're selling for eight bucks are for all basic purposes the same as files that are a measly 3.8 megabytes. Not that we're overcharging, mind you..." It really is all about mindshare, and public perception. As to consequences, I'm a student at Princeton. We now have a new, university provided network search engine, which they have done everything possible to remove mp3s, divxs, and avis from. There are still a lot of shared files on the network, though; the only difficulty is getting network maps. As to direct action, if the university gets a complaint about your having illegally copyrighted material shared on the network, they demand that you delete it. Otherwise they leave us alone.

      --
      It wasn't me, it was the one-armed .sig!
    4. Re:The current state of things... by int69h · · Score: 1
      You'd think that a university should understand copyright better.
      Making copies of any copyrighted material without the right to do so is against both state and federal law and University policy.
      Hogwash. Making copies of anyone's copyright materials is permitted by US law. Distributing those copies is another matter entirely. I propose they rename it to copyanddistributeright.
    5. Re:The current state of things... by int69h · · Score: 5, Interesting
      You'd think that a university should understand copyright better.
      Making copies of any copyrighted material without the right to do so is against both state and federal law and University policy.

      Hogwash. Making copies of anyone's copyrighted materials is permitted by US law. Distributing those copies is another matter entirely. I propose they rename it to copyanddistributeright.

      Sorry I forgot the block in the closing blockquote.
    6. Re:The current state of things... by lordsid · · Score: 1

      there is an obvious solution here. simply file a complaint against every student. make it so un-economical that it's impossible to implement. and just think if you cut off student internet access across an entire university? especially at this time of the year.

      --
      IMAGE VERIFICATION IS EVIL!
    7. Re:The current state of things... by efflux · · Score: 0, Troll
      Yeah, here's the letter I got:
      Subject: Copyright Infringement is Illegal

      Did you know that offering access to an illegally duplicated copyrighted song could cost you over $150,000 in damages plus legal fees if a record company sues you for copyright infringement and wins?

      Most record companies and movie studios now employ firms to act as "Internet Watchdogs". These firms have various ways of looking for illegal copies of songs, movies, games, software, and other copyrighted works. Recently, record companies and movie studios have stepped up their efforts to crack down on illegal sharing of copyrighted songs and movies.

      Just last week, the Recording Industry Association of America filed lawsuits against four college students for allegedly offering access to copyrighted music files within their campus networks. The lawsuits, according to an April 4, 2003 article in The Chronicle of Higher Education, ask for damages of $150,000 per recording. The lawsuits were filed directly against the four students; the universities attended by the students were not named as defendants, and received no prior notice of the pending lawsuits.

      Sharing copyrighted works without the express consent of the copyright owners is illegal, even when the sharing is only within the campus network and no money is exchanged for the works. As an illegal act, sharing copyrighted works is also against University policy. Students in violation of this policy will be subject to campus disciplinary procedures.


      and my relpy, sent from the safe anonymity of a yahoo account:

      I don't appreciate receiving these preemptive threats. I wish Central would get the RIAA's dick out of their mouth and stop sending their propaganda through campus-wide e-mails. I would be surprised to find a student who *isn't* aware of the recent lawsuit, or who *isn't* aware of the RIAA's attempt to crack down on copyright infringement. This is not a public service announcement. Stop acting like it is.

      I wish I attended a school that had a broader sense of integrity than enforcing outmoded copy restrictions through abusive scare tactics only so that they will be seen as a "cooperative agent" by the RIAA.

      Fuck you, buddy. I'll have none of it.

      and the school's response:

      You would be surprised to know how many students do not know about this problem, it is our intention to try to make sure that they do not get into trouble. I am sorry that you do not see the value in this approach.
      Now, I know this guy was "just doing his job", and I most likely gave him an unjustly bad day. However, I was flat pissed that they were doing this. I don't even download songs and I was feeling targeted. Best I can say for the guy who sent this out at our school, is at least he took my abuse well.
      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    8. Re:The current state of things... by efflux · · Score: 1

      Oh, yeah... and of course I am still taking it.

      The bastard couldn't even send me a nasty letter back so that I could stay pissed.

      What gall.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    9. Re:The current state of things... by ortholattice · · Score: 1
      A student in North Carolina spent 41 months in prison for copyright infringement.

      My Google search failed to turn up anything about this case except in reference to the RIAA email itself. Without knowing more details, this is probably a grossly distorted scare tactic. I find it hard to believe that someone spent 41 months in prison for P2P downloading. If the case is even real, I'd bet it would be for something extreme like profiting from selling counterfeit CDs or something, and would be completely irrelevant to the average P2P user.

      People who knowingly mislead by presenting only a small part of the picture and purposely withholding the rest of the relevant facts to suit their agenda are, in my book, scumbags.

    10. Re:The current state of things... by ortholattice · · Score: 1
      "My Google search failed..." OK, found it. This is the DrinkOrDie warez case. Sabuj Pattanayek was sentenced to 41 months on July 2, 2002, so he couldn't have "served" it yet.

      But again this is a little different from downloading audio recordings. As I have mentioned elsewhere, I challenge anyone to find a court case that has been successful against an individual holding copies of music for non-commercial personal use. The AHRA makes such copying immune to allegations of copyright infringement (IMO of course). And notwithstanding nitpicks about the precise definition of "analog" and "digital", the intent of Congress when they passed the law was clear as I point out here.

    11. Re:The current state of things... by Anonymous Coward · · Score: 0

      That's as may be, but the original sentence contains the words "without the right to do so", so it is 100% accurate.

    12. Re:The current state of things... by Anonymous Coward · · Score: 0

      Over here, they sent us an email telling us not to download anything copyrighted. Didn't say anything about it having to be registered or 'without permission', just that we cannot download anything copyrighted.

      I was tempted to send him back an email saying "This email is copyright (C) mynamehere. By reading it, you are now in violation of University policy. Perhaps you should rethink it to include petty details like whether people have consent, etc. to download it? Almost everything on the internet is copyrighted..."

    13. Re:The current state of things... by kardar · · Score: 1

      I was reading in the USC Title 17 that it's $1000 in a 180 day period. So you would have to prove that it happened in a 180 day period, or you may just have to be infringing on over $1000 worth of files at once, or something like that.

      I think that there are probably quite a few students that have over $1000 worth of albums in mp3 format, don't you think it would be less stress-inducing to specify that it's actually "within 180 days?". Or is the whole point to shock people and freak people out?

      People don't take these half-truths seriously, so isn't the college really saying that they don't care, they are just being required to say it? There comes a point where you have to disobey orders, though. Is that the direction we are headed? I think we will all learn something from this. These "pirates" will be our future leaders, they will remember what goes on here. Tax our tea, and we dump it in the sea.

    14. Re:The current state of things... by stubear · · Score: 2, Insightful

      You only have the right to copy intellectual property you personally own and only for limited uses. You do not have the right to copy your pal's entier CD collection under ANY definition of copyright law and associated legal rulings. By stating "without the right to do so" they are saying that not withstanding issues like fair use it is illegal to make copies of copyrighted material.

    15. Re:The current state of things... by Anonymous Coward · · Score: 0

      My school (I will not state names) is a very large school with a very high amount of music/move/etc. trading going on. For some reason, we've been ignored (kinda).

      Can the RIAA touch a school that's not located in America? (I hope not.)

    16. Re:The current state of things... by Anonymous Coward · · Score: 0

      Actually, the doctrine has long honored non-commercial sharing amongst close personal friends and family members.

    17. Re:The current state of things... by TyrranzzX · · Score: 1

      Firstly, that letter is BS. The ending part where it says that copyright infringment is theft is false. Going on a P2P network, downloading a few songs and listening to them isn't theft, it's if anything copyright infringment.

      A lot of schools are doing this these days, it's called "being a bunch of cheap bastards while at the same time taking payoffs from large corperations". They'd rather spend a couple hundred a month on a T1 and crappy networking equipment than spend a few thousand a month on a T3 and a good deal of money on some decent networking equipment and staff. All they need is a reason that people are dumb enough to buy and they'll do it.

      Afterall, the only need a college go-er has for the internet surely is just an educational one? No counterstrike or Warcraft here! No, guys don't want any porn and going to websites to do anything other than research is surely not done...

    18. Re:The current state of things... by Phroggy · · Score: 1

      Except those who still know how to lie low and run Hotline servers.

      It amazes me how many people don't know about Hotline.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    19. Re:The current state of things... by int69h · · Score: 1

      You're absolutely correct. How my post got moderated to +5, I'll never know. I suppose this is /. though.

    20. Re:The current state of things... by stubear · · Score: 1

      Holy shit. You are the second person this week to respond rationally to my comments and not only that you actually capitualted and apoloogized. Do you know something about the end of the world happening? ;)

  47. i'm going to be next by tankdilla · · Score: 1
    I was just thinking of what I should change my name to. Jim Metallica has a nice ring. Or better yet Jim Eminem. Then i'll change all my document extensions to .mp3 just for the hell of it. The RIAA should have a field day.

    Too bad i'm not a Professor Emeritus yet, then i'd get free Metallica and Eminem stuff.

    --

    -Look lively. LOOK LIVELY!!! --Mr. Shmallow

  48. Appology NOT accepted! by pair-a-noyd · · Score: 2, Funny

    Off with their heads!!

  49. What's funnier is...... by Anonymous Coward · · Score: 0

    If you softlinked /dev/urandom to your "MP3Z" shared on your apache server. Of course, put similar names like "Hit me Maby One More Time.mp3" or "Slim Shinji.mp3" or "Independs Day.mpeg"

    Let them download all they want. Then sue them for MISUSE OF RESOURCES.

  50. um... that would be vatican.va by wirelessbuzzers · · Score: 1

    you think the vatican is a company?

    --
    I hereby place the above post in the public domain.
    1. Re:um... that would be vatican.va by joFFeman · · Score: 1

      > you think the vatican is a company? i wish there were reason to think otherwise about not only the vatican, but almost any other 'religious institution' on earth.

      --
      "Life is great; without it, you'd be dead." -Harmony Korine
    2. Re:um... that would be vatican.va by MonsterChicharo · · Score: 1

      You are absolutely right. The Vatican is a country, recognised by the United Nations. The Catholic Church is the company, not the Vatican.

    3. Re:um... that would be vatican.va by wirelessbuzzers · · Score: 1

      Come on. you'd have to be pretty anti-religious not to at least recognize them as a .org

      --
      I hereby place the above post in the public domain.
  51. Yes, we do: by Anonymous Coward · · Score: 5, Funny

    ::breathes::

    ::breathes:: What ::breathes:: in ::breathes:: the ::breathes:: name ::breathes:: of ::breathes:: the ::breathes:: force ::breathes:: do ::breathes:: you ::breathes:: think ::breathes:: you're ::breathes:: doing? ::breathes::

    ::outstretches hand::

    ::breathes::

  52. Exciting MP3s on my site! by Animats · · Score: 2, Funny

    I'm waiting for the RIAA to find my MP3s of key sections of meetings of the Santa Clara County Board of Supervisors.

  53. Re:horrible apology by cptgrudge · · Score: 2, Funny
    Was I the only person that read/heard that in the Simpsons Comic Book Guy voice?

    "Worst. Apology. Ever."

    --
    Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
  54. Another anti-RIAA tactic? by Ryan+Amos · · Score: 0, Redundant

    You could post a lot of MP3s to a website and say they're popular artists.. But have them be filled with something public domain. When they sue you, just claim "Oh, well it wasn't really this file.. download it first, jackass." It'll raise their legal costs (they actually have to CHECK their facts) and maybe they'll stop bothering because it gets so expensive. Or not.

    1. Re:Another anti-RIAA tactic? by Anonymous Coward · · Score: 1, Interesting

      Here's another fun twist: Its legal to "quote" music, up to 30 seconds of it. So imagine zillions of files on the net with suggestive names that actually contain a small sample of an appropriate tune... There'd be enough of these misidentification screwups to, perhaps, make for a good class action suit against the RIAA.

    2. Re:Another anti-RIAA tactic? by Anonymous Coward · · Score: 0
      And, with about 20 or 30 different 30 second quotes, and the metadata indicating what song they were sampled from, you've got the whole song! Doubt this loophole would work in practice, though.

      ~~~

  55. Re:Hit Me Baby One More Time by Esion+Modnar · · Score: 2, Insightful
    On that note, maybe we should start putting files called "this_is_not_britney_spears_hit_me_baby_one_more_t ime.txt.mp3" files on public ftp servers..

    Madonna and others place bogus mp3 files out there, just to make it harder to find real mp3's...

    And now we're going to put bogus mp3 files out there, to make it harder for the RIAA to find real mp3's (and up their noise to signal ratio)...

    i like it, i like it!

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  56. why not kill two birds with one stone? by martin-boundary · · Score: 1, Troll

    The RIAA should search for files containing Usher and mp3, but instead of deleting them, they should all be replaced with ten second "sample" music clips. That way, users don't have to worry about losing files, *and* they get exposed to music they might like. This might even boost record sales!

    1. Re:why not kill two birds with one stone? by NanoGator · · Score: 1

      "The RIAA should search for files containing Usher and mp3, but instead of deleting them, they should all be replaced with ten second "sample" music clips. That way, users don't have to worry about losing files, *and* they get exposed to music they might like. This might even boost record sales! "

      He's right. It would boost records. Criminal records. Like the assault and battery.

      --
      "Derp de derp."
  57. Hilary Rosen is a Child Molester by Detritus · · Score: 3, Funny
    Hilary Rosen is a human.
    All child molesters are human.
    Therefore, Hilary Rosen is a child molester.

    This syllogism is brought to you by the RIAA Institute of Critical Thinking and Logic.

    --
    Mea navis aericumbens anguillis abundat
    1. Re:Hilary Rosen is a Child Molester by VCAGuy · · Score: 1

      It's very funny, but this syllogism is also invalid. Here's why:

      In symbolic form, this syllogism reads:
      All R are H
      All M are H
      Therefore all R are M

      The middle term ("...human") is not distributed in either the major or the minor term. That makes this a AAA-2 syllogism, which is logically invalid.

      [Sorry, I just wanted to demonstrate that those two years of logic I took weren't that useless.]

      --
      Q: "Why do sound techs say 'check 1, 2'?"
      A: "Cause if they could count any higher they'd be lighting techs."
    2. Re:Hilary Rosen is a Child Molester by Anonymous Coward · · Score: 0

      "That's very funny, but normally ducks just don't walk into bars." Jeez, people.

    3. Re:Hilary Rosen is a Child Molester by retro128 · · Score: 1

      Hilary Rosen is a human.

      Are you sure?

      --
      -R
    4. Re:Hilary Rosen is a Child Molester by Daniel · · Score: 1

      Uh, I am quite sure that the invalid syllogism was the joke. Note the "RIAA Institute of Critical Thinking and Logic" at the end...

      Daniel

      --
      Hurry up and jump on the individualist bandwagon!
  58. down down down by SkWaSH · · Score: 1

    And DOWN plummets the credibility of the RIAA! woohoo!

  59. Fire!, Aim!, Ready! by Newer+Guy · · Score: 1

    That's the RIAA's way of shooting a gun........ and obviously Congress' way as well, because they seem to say: "yup, yup, yup" to every proposal the RIAA floats...

  60. Read this: by nate+nice · · Score: 2, Interesting

    this is a bit of good reading from Steve Albini. If you don't know who he is, well, he has been a figure on the indoe music seen from bands like Big Black and Shellac. He has engineered albums from Nirvana as well. His production style is often imitated. In short, he's the shit. Go here to learn something

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    1. Re:Read this: by nate+nice · · Score: 1

      Oh, and my favorite part of it all:
      Record company: $710,000
      Producer: $90,000
      Manager: $51,000
      Studio: $52,500
      Previous label: $50,000
      Agent: $7,500
      Lawyer: $12,000
      Band member net income each: $4,031.25

      You cannot say they made a bad contract either, it's HOW IT IS. If you don't like it, piss off. This is why, of course, you stick independent. The only bands that make a dime are those that sell well over 3 million albums.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    2. Re:Read this: by gr0ngb0t · · Score: 1

      and those bands that tour heaps... make about the same as you would if you signed a record deal, and get to see the countryside too.

  61. RIAA == Penn State Board Member by asv108 · · Score: 4, Interesting

    Penn State is working closely with the RIAA because Barry Robinson a lawyer for the RIAA is on the Board of Trustees so instead of representing the interests of the university and protecting the students, Penn State president Grahm Spanier has chosen to let a trustee influence university policy for the sake of the crooked organization he works for. I should post this AC but I really dont give an fsck. Penn State is dedicated to building unnecessary buildings while removing as much parking as possible. I now have to walk 20 mins from a staff parking lot to work so fire me before I die of heat stroke this summer ;)

    1. Re:RIAA == Penn State Board Member by CatKnight · · Score: 1

      Hey, on the bright side, now you can drop eggs on cars above Atherton street. Ah, more drunken entertainment brought to you by the good folks in Centre County.

      --
      The Stone Age did not end for lack of stones, and when the oil age ends it will not be for lack of oil. --Bjorn Lomberg
    2. Re:RIAA == Penn State Board Member by Watcher · · Score: 1

      Interesting, thanks for the info. For the first time ever I'm going to vote on the trustee ballot. The joys of being an alumnus.

      I'll pass this one on to the other alumni I know. No need to have creeps like that influencing the school so directly, we already have Pepsi and Nike for that! :)

  62. Re:Hit Me Baby One More Time by Flakeloaf · · Score: 1
    And now we're going to put bogus mp3 files out there, to make it harder for the RIAA to find real mp3's


    This-u... bogus-u MP3 busta busta busta busta...

    --

    Am I the only one who heard Roxette to sing "I'm gonna get blitzed for some sex"?

  63. Re:A new advocate by Technician · · Score: 4, Interesting

    Notice the Prof is now looking into the excess dammage by the DMCA and is contacting Congress? We need more of these to hit Congress.

    --
    The truth shall set you free!
  64. a little off-topic joke by enos · · Score: 5, Funny

    This reminds me of a joke:

    Jason has a conversation with his new neighbour Pete:

    J: So what do you do?
    P: I teach deducive logic.
    J: Huh?
    P: Let me demonstrate. Do you have a dog?
    J: Yes.
    P: From this I deduce that you have a family?
    J: Yeah.
    P: And a wife?
    J: Yeah.
    P: And if you have a wife, I deduce that you are heterosexual.
    J: That's amazing!

    After this Jason visits his friend Chris:
    J: I just found out this awesome field called deducive logic.
    C: Say what?
    J: Let me demonstrate. Do you have a dog?
    C: No.
    J: Then you must be gay.

    --
    boldly going forward, 'cause we can't find reverse
    1. Re:a little off-topic joke by panurge · · Score: 2, Interesting
      That's inductive logic, not deductive. The conclusions do not necessarily follow from the facts*, but if a number of pertinent facts are discovered they make the conclusion more likely. Scientsist and police detectives use inductive, not deductive, logic

      *Many people have dogs who do not have families and there are many gay men who get married.

      This information brought to you by a bored pedant

      --
      Panurge has posted for the last time. Thanks for the positive moderations.
    2. Re:a little off-topic joke by Anonymous Coward · · Score: 0

      what part of *joke* did you not understand?

    3. Re:a little off-topic joke by Anonymous Coward · · Score: 0

      What part of *bored pedant* did YOU not understand?

  65. Salting the networks by Anonymous Coward · · Score: 0

    Now this gives me an idea. You'll recall that the RIAA has been busy filling the P2Ps with crap fake copies of songs... wouldn't it be interesting if everyone started filling their FTPs and webservers with fake .mp3 files that were provacatively named? Their bots would eventually choke on all the crap, it would cost them lots of money, and they'd look stupid. Ah, sweet irony.

  66. Re:NO YOU DIDN'T! by Anonymous Coward · · Score: 0

    A fellow Slashdotter said it best:

    "Putting a lameness filter on Slashdot is like putting a shit filter on your ass."

    Priceless.

  67. Not the RIAA, but similar situation by inaeldi · · Score: 2, Interesting

    Kind of reminds me when I was in high school. I had an mp3 of "Hack the Planet" (from H2K) on my network drive, and the school deleted it, locked my network drive, and called me to the office for having "illegal mp3's". I never got an apology though...

  68. Re:Typical Hot heads by Anonymous Coward · · Score: 0

    How the hell was this off topic, I mean, this person had a point, and it was ON TOPIC you idiots, are they too lazy to download the file to check it? Oh, that's right, I keep forgetting, the only ones that are modded up are the Elite trol^h^h^h^HNerds and those are the type that would mod everyone else down.

  69. The RIAA will never have my sympathy now. by Tokerat · · Score: 2


    They are filling lawsuits without even CHECKING to see if defendants are in violation? Am I violating a copyright if I change the FILENAME of my mp3s to infringing titles?

    Boy, it's awful they're just going to let this slide. I would file a countersuit claiming libel/slander at a bare minimum, even if it where to be thrown out, just to make a point to them. Of course, I noticed a fairly recent post stating the RIAA is on the board of trustees at Penn State. Sad.

    --
    CAn'T CompreHend SARcaSm?
    1. Re:The RIAA will never have my sympathy now. by skarmor · · Score: 1

      Umm...a cease and desist letter is not a lawsuit.

    2. Re:The RIAA will never have my sympathy now. by alecto · · Score: 1

      You're right. In this case, it's barratry.

    3. Re:The RIAA will never have my sympathy now. by skarmor · · Score: 1

      In order for this to be barraty there would need to be persistent instigation of groundless lawsuits. In this case the action was not persistent (in fact it was withdrawn with an apology) and therefore it is not barraty. bleh..slow day at work...

    4. Re:The RIAA will never have my sympathy now. by alecto · · Score: 1

      Some interpret barratry to only mean judicial legal action, as you suggest. I'm using a more liberal interpretation--groundless instigation of legal action, which can include a C&D. Of course, IANAL. Heck, IANA law student, even.

    5. Re:The RIAA will never have my sympathy now. by skarmor · · Score: 1

      I suppose it really is all in the interpretation. Clearly IANAL as evidenced by my spelling barratry, "barraty" twice in the previous post =P.

    6. Re:The RIAA will never have my sympathy now. by Tokerat · · Score: 1


      Guys, either way it was foolish of the RIAA to take ANY action prior to having ANY proof of infringement, which they still did.

      The really fscked up thing is that the article states the RIAA made comments that their policy does NOT require their staff to download and listen to the possilby infringing files to determine if they are worthy of cease & desist. It seems like wasted time and money at minimum, and I'd sure be pissed if they did it to me.

      --
      CAn'T CompreHend SARcaSm?
    7. Re:The RIAA will never have my sympathy now. by skarmor · · Score: 1

      Yes, but its their money to waste if they so choose. And while the C&D letter might piss you off, it doesn't provide grounds for a counter-suit.

  70. Do your part to show you agree with the RIAA! by teamhasnoi · · Score: 4, Funny
    Find RIAA employees.
    Hit them. In the face. Hard.
    When asked why, respond, "You look like someone who owed me money. Guess not. Sorry. Here's a Ultimate Fighting Championship T-shirt and DVD."

    It's great to be on board with the tactics used by our friendly copyright holders! Go Team!

  71. But does this mean.... by Anonymous Coward · · Score: 0

    ...I am innocent and don't owe $34 million dollars to the RIAA?
    -Dr.Enter_Sandman.

  72. Consider it slammed =) by Andorion · · Score: 1

    Looks like we Slashdotted the site =P

    ~Berj

    1. Re:Consider it slammed =) by bobbozzo · · Score: 2, Interesting

      It's still working without the "www."

      --
      Nothing to see here; Move along.
    2. Re:Consider it slammed =) by Anonymous Coward · · Score: 0
    3. Re:Consider it slammed =) by rifter · · Score: 1

      Good God:

      Naval Academy fires broadside at copyright violations - 6.December.2002
      "Punishment could range from loss of leave time to court martial and expulsion."

      Shoot Iraqis trying to surrender: SOP. Trade MP3s however, and it's time for a serious court martial.

      Remember, kids, when you download MP3s, you are downloading Communism!

  73. Re:Hit Me Baby One More Time by Repugnant_Shit · · Score: 2, Insightful

    I'm not sure you can have an FTP that allows anonymous access and not call it public. If you're going to host videos/songs then you should be smart about it. Some dumbass that puts an MP3 file on his school's FTP server deserves to get caught. Just don't allow anon access, and you should be okay (because if they try to break in, guess what? That's called illegal entry)

  74. "temp employee": sign of economic injustice by MickLinux · · Score: 2, Interesting
    I'd just like to make a point here: when you see "temp employee", what you are seeing is "we don't want to or can't pay this person a full time salary and benefits". In other words, we can't or won't pay the upkeep costs of our help.

    I can understand this for a startup company, as long as the company quickly moves to start covering the costs of its labor. But in the case of a wealthy organization, this means that the wealthy organization just *chooses* not to give economic justice. More for me, nothing for you.

    I have been seeing this more and more, and it is part of what ails America. It comes from the move to give more to the investors, and comes from the blinds that are provided by corporate coverage, in which the investors can't see the plight of their workers.

    But let me point out the results of economic injustice: if there is economic injustice, then the victim's investments remain unpaid, and in that case, it does not pay for the victim to invest!

    In the case of inventors who can't afford to patent and defend their inventions, because the patent system only benefits wealthy corporations, the proper response is to not devote effort to inventing.

    In the case where your compensation is not based upon justice, it does not pay to invest in an education that will make you a more valuable employee.

    In the case where businesses are taxed to death, so that other businesses can recieve lucrative government contracts, it does not pay to start a business and help the economy: it pays to work your own garden instead.

    In the case where individuals are taxed to death, to pay for more tax collectors, the farmer's strategy doesn't pay -- only the highway robber's strategy pays. If you want to see what this is like, look at Congo/Zaire.

    If you think it is getting bad, and the problem is the government, then tell the government. If you don't think they'll listen, then it's better to leave, and find a better place.

    Here's How.

    If you think it is getting bad, and the problem is the people (yeah, they're all good people, they just, well, you can depend on them to do really evil things), then it's doubly important to find a better group of people.

    Here's a hint.

    If worst comes to worst, duck, cover the ones you love as well as possible, stay out of the way of wars as much as possible, and try to live with as much justice and charity as possible.

    But the bible is absolutely right: when we choose to withhold a man's wages, we commit violence. When we choose economic theft as a regular diet, we commit murder. And we recreate our world to become a horror. Our spiritual failings definitely bring physical problems and death.

    Just my two cents. That's all.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  75. Notice to the RIAA by KinkyClown · · Score: 1

    My nicknames include: Massive Attack, Moby, U2, Texas, Macy Gray, Oribal, Aphex Twin, and lots more. I will send you a complete list to avoid these kind of anoiances.

  76. New ways to annoy the roommate by prostoalex · · Score: 1

    1) Record your roommate singing in the shower, rehearsing a speech, whistling on the toilet seat.
    2) Using roommate's login, upload the recorded file to the university network the file named 50_Cent-Complete_Album.mp3, or R_Kelly_Ignition(remix).mp3
    3) Wait to see the look on his face when the letter from RIAA arrives.

  77. RIAA puts a gun in your face and says by blair1q · · Score: 1

    "Oh, we mistook you for a 9-foot black man," and you say "it could happen to anyone."

    Bullshit. Intimidation is a crime. Prosecute.

  78. Why Should We Care by WetCat · · Score: 1

    if that done by temp EMPLOYEE or not? It's done by the COMPANY and it should bear consequences.
    It's internal stuff is unimportant.

  79. HEY! it doesn't work! by confused+philosopher · · Score: 1

    What is wrong with that link? I wanted to tell them what a fine job they are doing.

    --
    Why slashdot? Why not?
  80. The guys README file. by tconnors · · Score: 1

    Heh heh. I just read the readme file with the "usher" in the filename.

    I love the way he tears apart the reviewer of his submitted journal article.

    <blam> Take that!

    Good though, to see the network admin is getting signatures in his department to tell RIAA to go formally fsck themselves.

  81. Perjury? by SvnLyrBrto · · Score: 4, Interesting

    Don't those DMCA threaten & harass letters almost always include a statement along the lines of: "I hereby swear, under penalty of PERJURY, than I am the copyright holder or the legal representative therof."???

    Said statement was obviously NOT true in this case, and I don't think those letters include a disclamier like: "unless I get CAUGHT lieing, and apologize afterward".

    So do those "swear under penalty of perjury" clauses have any real legal validity? If so, isn't it appropiate for some RIAA/Metallica drones to be shareing bunkspace with Charlie Manson in the very near future? After all, when a regular citizen does it, perjury is a pretty BIG deal. Why should the RIAA/Metallica enjoy any immunity?

    Or are those lines not, in any way, legally binding? If that's the case, why include them at all?

    cya,
    john

    --
    Imagine all the people...
    1. Re:Perjury? by The+Turtle · · Score: 1

      Under section 512 of the controversial DMCA, a representative of a copyright holder can send a "takedown" notice to a university or other Internet provider, requesting that copyrighted material be removed. Anyone receiving a false notice can sue for damages and attorney's fees, but only if the sender "knowingly materially misrepresents" information.


      From the article is this little gem. Apparently as long as they do it out of stupidity its ok. Just one more reason why the DCMA should burn in hell.
      --

      ---
      Why are there so many people always asking for whirled peas?
    2. Re:Perjury? by Unregistered · · Score: 1

      You forget who owns the governement. Bribery works.

    3. Re:Perjury? by aechols · · Score: 1

      Hmm. By the same thinking, my other personality could kill somebody and get away with it because I didn't knowingly do anything. Seems like they ought to be responsible for damages and attorney's fees anyway, and something else (such as perjury or even libel?) if they do it on purpose. Oh, right, **AA wrote the law.

      --
      Are you pondering what I'm pondering?
  82. Detailed instructions by Otto · · Score: 4, Informative

    For those who want to use PeerGuardian, here's how:

    1. Download PG from here: http://methlabs.org/pg/
    2. Install it.
    3. Edit "C:\Program Files\PeerGuardian\Guarding.P2P" in a text editor.
    4. Go to http://www.simply-click.org/uploadertest/pg2_plain text.asp for the plaintext list of ranges to block.
    5. Copy and Paste it into the Guarding.P2P file. It must have no empty lines at the beginning of the file, and must have at least one blank line at the end of the file.
    You may want to leave off the last few lines from that webpage, this is a submission type of thing, and new submissions are added to the bottom of the list. Delete the bad lines from morons and such at the end. They get onto the list every so often.
    6. Startup PG and make sure it reads in the block list correctly.

    Congratulations, you're now blocking all TCP connections with over 50 million IP addresses, most of which are probably "the bad guys". I don't generally steal music or offer up music, I just don't like these people and so I block them on principle.

    Also, PeerGuardian supports a pgdat:// type of link, so as new addresses are changed, you can click the links on http://www.simply-click.org/uploadertest/pg2.asp to add them to PeerGuardian directly instead of manually editing the blockfile.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:Detailed instructions by alecto · · Score: 1

      Do you really think that these guys aren't smart enough to requisition some of the same consumer connections that everyone else uses? Or that they're still connecting to people's Gnutella shares with IP addresses which resolve to infringementbot.riaa.org?

    2. Re:Detailed instructions by Anonymous Coward · · Score: 0

      Do you really think that these guys aren't smart enough to requisition some of the same consumer connections that everyone else uses? Or that they're still connecting to people's Gnutella shares with IP addresses which resolve to infringementbot.riaa.org?

      No, but it can't hurt. And in any case, they're too stupid to realize that you can't stick the genie back in the bottle.

  83. Postscript: of course... by MickLinux · · Score: 1
    They always say that the most important statement is given after the P.S.

    You know, the RIAA is going to justify their economic injustice, by saying "well, we are just mitigating our losses due to theft, and we aren't going to pay more than we have to."

    They're wrong to think that it makes their paying unjustly low wages okay, but you might just be comforted to know that they are using *your* petty evil, copying music illegally, to justify their evil.

    It might just be a comforting thought. Or something.

    Of course, you justify your petty evil either by saying "but I don't have the money I want" [same justification shoplifters use, and evil corporate directors], or by pointing out that the law goes against natural law -- which it does. It is a granted right, and granted rights usually damage inherent rights.

    And that is justified because of other granted rights.

    I just have a question, though. Is anybody going to stand up, like me, at least when it comes to their luxuries, and say "the shit stops here"?

    At least, if this cycle of evil is going to complete another turn, say "that's life, but I won't be a part of the evil"?

    It's easy to condemn others' evil -- but a bit harder, and more important to give up our own.

    Just my $2.00.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  84. A lesson learned? by syukton · · Score: 2

    "Things are not always as they appear." My father once told me this, and he was right, too.

    Seeing "Usher" in A FILE NAME, which just happens to end in .mp3, and then sending a threatening letter based upon it is rather stupid in my view. I'd say that making an accusation based upon looks and appearances alone (without even actually doing an acoustic analysis of the file in order to determine if it IS indeed a copy of copyrighted material) is completely and totally idiotic.

    Hell, it's roughly the same as seeing a fruit basket and assuming that since it looks like an apple it is an apple, and chowin' down; only to realize halfway through your second very zealous bite that it's wax fruit and you've screwed up.

    But odds are, the lesson hasn't been learned: the RIAA will continue to send out very threatening emails with great frequency every time they spot a word in a filename which happens to (by coincidence, I'm sure) belong to a musical artist that the RIAA "looks out for the best interests of."

    --
    Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
  85. simple way to prove their system doesn't work by manual_overide · · Score: 5, Funny

    cat /dev/urandom > /var/www/Britney_Spears_-_Greatest_Hits_Track01.mp 3

    of course, that might actually be the same command they use to create their "music"

    --
    If bad puns were like deli meat, this would be the wurst
  86. Gnutella (REALLY WORKS!!).exe by smclean · · Score: 1

    Just wait until they hit gnutella and start suing all the people who offer 24kb - .mp3 24kb - (REALLY WORKS!).mp3 24kb - THE REAL THING.mp3 24kb - AV Checked!.mp3 The lawsuits will fly.

    --

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

    1. Re:Gnutella (REALLY WORKS!!).exe by Anonymous Coward · · Score: 0

      That's funny. Too bad nobody else gets it.

  87. Chill on the self-publishing of music...? by sbwoodside · · Score: 1

    So now are we going to see a chill on self-publishing of music? How many small artists who publish their own work on their site get "accidental" threatening letters just because they share a name with some RIAA-sponsored pop star?

    simon

  88. Re:horrible apology by krumms · · Score: 1

    By way of additional apology, the RIAA said it will send Peter Usher an Usher CD and T-shirt "in appreciation of his understanding."

    I can remember somebody was giving me the shits in year 9 at high school, so I punched him in the arm. The whiney little bastard cried, so I - feeling bad about it - gave him fifty cents in compensation.

    He stopped crying after that.

  89. Credibility? by comet_11 · · Score: 1

    What credibility? Are we both talking about the same company here?

    --
    By reading this comment, you immediately waive any and all rights regarding it.
  90. David Usher by Lawmeister · · Score: 1

    you know, when I read this headline, I was wondering why the RIAA would be making such a big deal about a Canadian artist, David Usher (http://www.davidusher.ca/) former lead vocalist of the Vancouver band Moist (http://www.moist.ca/).

    Then I clicked on the link and found it to be another crappy, overproduced rapper. No wonder the RIAA is striking out to protect this 'asset'.

    Not to start a flame war, but really....

  91. No, no, no by autechre · · Score: 1

    It's not a good idea to hit someone in the face (with a fist), as that's an easy way to break one or more of your fingers. Make sure to either use an open-handed strike (hit them with the heel of your palm), or something even better, like a chair.

    --
    WMBC freeform/independent online radio.
    1. Re:No, no, no by Anonymous Coward · · Score: 0

      Or your elbow. It's pretty convenient.

    2. Re:No, no, no by Inda · · Score: 1

      I've always wanted to try using a Coke can to smash someone's head in.

      Would the can or the head split first?

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    3. Re:No, no, no by Anonymous Coward · · Score: 0

      He never mentioned using your fist, you pedantic twat.

    4. Re:No, no, no by Anonymous Coward · · Score: 0

      And he didn't claim that anyone did. He was probably just offerring some advice for those who want to hit faces without risking personal injury.

    5. Re:No, no, no by Anonymous Coward · · Score: 0

      The can.

      Better to just use an elbow. And hit the face or temples, not the back of the skull.

  92. Fighting back by kinnell · · Score: 1

    If every slashdot reader with write access to an ftp site filled a directory somewhere with empty files named after musicians/songs with the suffix .mp3 the RIAA would have a hell of a lot more work to do determining which sites were the copyright violators and which were just serving dummy files. This would put a spanner in their works, and create a few jobs at the same time. Just a thought ;-)

    --
    If I seem short sighted, it is because I stand on the shoulders of midgets
    1. Re:Fighting back by EpsCylonB · · Score: 1

      Yeah but what if you have a life ?

    2. Re:Fighting back by Anonymous Coward · · Score: 0

      Then you stop reading Slashdot, and turn on the radio and let the RIAA force feed crap into your ears.

      Then go on a buying blitz when the completely unbiased radio personalities tell you that this new band *N-inety Eight Backstreet Spears is the hottest thing ever.

  93. Perjury? by aechols · · Score: 3, Funny

    Don't they make these claims under penalty of perjury? So they're guilty of perjury. Clearly if there's a human or primate that actually sends the notice and not just a computer program, then they screwed up. If there isn't they're just plain reckless. So where's the penalty part? Oops! Sorry, lets just forget that we did something wrong, umkay? Umkay.

    --
    Are you pondering what I'm pondering?
  94. Backseat drivers get to the steering wheel! by jovetoo · · Score: 1
    Well anyone here so brave as to crack down on the Pern university... why don't you put out a few mp3s to which you do own the rights (ie record yourself banging a kettle or something), make a bunch of copies and give them nice RIAA-provoking names and put them online?

    If the RIAA grabs the bait, you can sue all you like.

    Good luck, David.

    Even if they do not take the bait, this technique is a nice way of using their own tactics against them. They will have to listen to each mp3 before sending letters to anyone.

  95. Happened to me too by Anonymous Coward · · Score: 0

    The exact same thing happened to me as well, Mr Stanley Rolling-Stones.

  96. Re:Typical Hot heads by Anonymous Coward · · Score: 0

    well, according to quality of your 2nd and this one, you really need to consider not posting at all. Ever again.

  97. Easier peerguardian install by gad_zuki! · · Score: 1

    Once you get it from http://methlabs.org/pg/ then its all GUI from there.

    Support>Visit PG2 Database to get more IPs.

  98. STFU? by Anonymous Coward · · Score: 0

    STFU!!

  99. everyone put up CopyrightedName.mp3 files by Anonymous Coward · · Score: 0

    ...full of white noise. As hundreds of people get false positived by RIAA, they will have no choice but to stop this bandwidth-wasting (i.e. DOSing) method of hunting down for "copyright violations". And while you're at it, put robots file in your directory, along with a warning about automated illegal downloads of the site in terms of financial penalties incurred.

  100. From the Beeb article by Anonymous Coward · · Score: 0

    "Saddam Hussein had weapons of mass destruction," Mr Bush said at his ranch in Crawford, Texas. "It's well known."

    Thats a good one. I really like it. Yes George, it is well known. You've been telling everyone for nearly a year now, in fact.

    It is also well known that the world is flat and the moon is made of cheese. People keep saying it, therefore its true.

    Stunning.

  101. How it works by AndroidCat · · Score: 1

    "Usher" detected. Assumed "The Fall of the House of Usher" by The Alan Parsons Project. Copyright violation. Take off all lawyers eh!

    --
    One line blog. I hear that they're called Twitters now.
  102. Don't pick it up, pick it up, pick it up by Anonymous Coward · · Score: 0

    Morons like you are like a broken record. Whinge whine, whine whine, "Ohhh, its not stealing. I'm so clever. Its not stealing. I'm so clever." Yammer yammer yammer, the same shit spews from your mouth.

    So screw you and your pedantic little whiny ass definitions. Fine, downloading MP3's is not stealing. It is the illegal redistribution of unlicenced copyrighted intellectual property.

    Guess what. The illegal redistribution of unlicenced copyrighted intellectual property is illegal! So you're still an asshole, but at least your a pedantic whiney little asshole, right?

    1. Re:Don't pick it up, pick it up, pick it up by Anonymous Coward · · Score: 0

      Equating copyright infringement to stealing is a psychological trick, which was used in Metallica's infamous anti-Napster clip for example. Copyright infringement and stealing are different according to the law because they are different kinds of acts, not just because someone wanted to have more words to throw around. You calling someone an asshole because he has a different view on intellectual property (which copyright is part of) just shows how fierce and deadlocked at the same time the conflict is. It does nothing in the way of proving a point, because for that you'd at least have to acknowledge that they are different before you could argue that you think they are equally severe crimes.

    2. Re:Don't pick it up, pick it up, pick it up by Anonymous Coward · · Score: 0
      Ohhh, its not stealing. I'm so clever. Its not stealing. ...
      Guess what. The illegal redistribution of unlicenced copyrighted intellectual property is illegal!

      Murder and jaywalking are both illegal as well, do you want them to have the same punishment?

    3. Re:Don't pick it up, pick it up, pick it up by Anonymous Coward · · Score: 0

      YES!

      Damn i'd love to kill someone and only get fined.

  103. don't care... by RMH101 · · Score: 1, Insightful

    they can monitor your internet if they like, just keep their hands off mine!

  104. Automated Sticky Tarpit - RIConfuseBot by salimfadhley · · Score: 3, Interesting

    I have a mind to start a new sourceforge project - a bot that creates a tar-pit website to confuse this kind of bot.

    It would grab the album chart from FreeDB and then make a pseudo random listing of 20 or so artists. Clicking on an artist's name would reveal the names of the albums, and clicking on the album name would reveal links to song downloads as MP3s.

    Each page would have a 10 second delay on loading, and each MP3 download (which would be white noise) would be downloaed at about 10 bits per second. The idea would be to tie-up as many threads on thhe RIAA servers for as long as possible.

    Next, the system would run on a wildcarded domain name so that it would look to the RIAAbot as if it were a large number of sites. Each of these sites would link to each other creating a vast low bandwidth tarpit.

    How about that then?

    1. Re:Automated Sticky Tarpit - RIConfuseBot by Paddyish · · Score: 1

      I'd run one! :oD

    2. Re:Automated Sticky Tarpit - RIConfuseBot by Quixotic+Raindrop · · Score: 1

      I think you'd probably need to be able to differentiate between RIAA bots and non-RIAA p2p surfers etc. Otherwise, you might end up serving up white noise files to legitimate uses of p2p networks.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
  105. Apology? by chibiyoukai · · Score: 2, Funny

    An Usher CD and T-Shirt in "appreciation of his understanding" sounds more like a punishment than an apology.

  106. what the?! by Anonymous Coward · · Score: 0

    So I just downloaded AND listenened to that mp3.
    It pretty much sucks.
    I can only imagine Dr Usher is a pretty sick and twisted guy, not to mind those with the stupid idea to encode that garbage.

  107. MediaForce tells the truth? by oliverthered · · Score: 1

    "The unlicensed distribution of digital content is a major concern to copyright owners"

    So, the distribution is the problem.....Not the non-payment of royalties.

    In the UK I can go into a pub and provide entertainment by playing as many downloaded MP3's as I like, so long as I take note of what songs I've played and pay the royalties.

    --
    thank God the internet isn't a human right.
    1. Re:MediaForce tells the truth? by Anonymous Coward · · Score: 0

      >1 million people walking past parliament is a protest.
      >1 million (with guns) walking past is a revolution.

      What ARE you talking about?

    2. Re:MediaForce tells the truth? by Anonymous Coward · · Score: 0

      The fact that it's impossible to overturn the government by force.

    3. Re:MediaForce tells the truth? by Anonymous Coward · · Score: 0

      Yeah, the royal family and the government (or at least it's agents) are far better shots than the rabble. They'd be picking them off as they went up the Mall.."one at 11 o'clock, darling".."oh, i see him"...BLAM!."I say, nice shot!"

  108. Virus? by Anonymous Coward · · Score: 0

    Has anyone written a virus with "RIAA" inside it somewhere? If the RIAA wrote one, would they admit to it? What about fizzer? Is that one of theirs?

  109. Because Usher is losing record sales...NOT! by 192939495969798999 · · Score: 1

    People are buying his albums! He's gone platinum! Perhaps people aren't buying my albums because of all the mp3's I distribute, or just MAYBE, I'm not that popular of an artist. Popular artists will sell records AND get downloads, no matter what.

    --
    stuff |
  110. Re:I believe RIAA is responsible for the new virus by Anonymous Coward · · Score: 0

    You are correct, Bill. You need to call me. My phone number is ... I lost it. Leave another message. I need your help. And you know for a fact that you need mine.

  111. Perjury != lying, == knowingly lying by Kjella · · Score: 1

    perjury
    n. the crime of intentionally lying after being duly sworn (to tell the truth) (...). This false statement may be made (...) by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, (...) known to contain false information. Although it is a crime, prosecutions for perjury are rare, because a defendant will argue he/she merely made a mistake or misunderstood.


    Unless you have proof beyond a reasonable doubt that the RIAA knew that this was not the song they thought it was, it won't fly. Doesn't look like there's any penalty for just being wrong.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Perjury != lying, == knowingly lying by Rysith · · Score: 3, Interesting
      Doesn't look like there's any penalty for just being wrong.

      That's the point of those lines: you aren't supposed to send out harassment letters unless you are sure that you are right, to prevent things like this.

  112. Or give it a valid name... by TamMan2000 · · Score: 2, Insightful

    like 'Ushering in change at RIAA.mp3'

    fill it with a rant about how much (and why) the RIAA sucks...

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  113. Re:I believe RIAA is responsible for the new virus by Anonymous Coward · · Score: 0

    Excuse me Bill, let me add just a little more wisdom. HURRY THE FUCK UP. I don't have all goddamned day to wait on you. I'm going to a public access terminal today to find what you're going to leave me here. You have work to do and you had better do it quick. Your task is simple. Find me and all your answers will be found as well.

  114. Rosen exhumes Poe? by TheConfusedOne · · Score: 1

    Hillary Rosen ordered an exhumation of the body of Edgar Allen Poe after finding an MP3 file entitled HouseOfUsher.mp3 that was authored by the "nefarious pirate" Mr. Poe.

    "Obviously we cannot let long dead artists continue to flaunt copyright law in this manner," quoted Ms. Rosen. "Fortunately, with our new changes to copyright we will ensure that Corporations remain in control of creative work like these in the future. Especially after the artist has passed on."

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  115. NO NO NO. Its Penn State, not Penn by Anonymous Coward · · Score: 0

    Penn is the Ivy League U of P.

    Penn State is grades 13 through 16.

    A.C.
    PSU '83, BS Sci.

  116. umm.. yeah.. by Hooya · · Score: 1

    that's Dr. Steven Tylor.mp3 filling up my hard drive.

  117. Who names their kid... by Bonewalker · · Score: 1

    Emeritus?! He ought to retire soon, and change his name...then maybe he won't be hassled by those ReamIng Arrogant Asses.

  118. Re:Why are we still talking about a sunset industr by fenix+down · · Score: 1

    No, the RIAA/MPAA sucks. It's a union for companies. It's the stupidest goddamn idea ever. Even if it were run by Jesus him-fucking-self, it would still suck. Is there a reason why, say, movie theaters can't tell people how many times Jack Nicolson says "fuck"? Is there a reason that the pathetic goth at the record store can't tell me how many times Ludacris says "fuck"? Is there a reason why Sony can't just print up it's own threatening letters instead of paying tens of thousands of people to answer phones and run the copy machines first?

    No, it's definately not just the minds behind them.

  119. RIAA could cause harm by MegaThawt · · Score: 2, Interesting

    by mistakenly planting bogus files with the same name that they don't own. If RIAA mistakes someone else's file as one of their copyrighted ones (and we see how easy that was to do) they could be interfering with the distribution of someone else's property. That's in the same category as spamming, or worse. I hope there would be a way for the victim to get legal compensation ... seems like just a matter of time before it happens.

    --
    All sigs should be as funny as possible, but no funnier.
  120. 'honest mistake' My arse. by Anonymous Coward · · Score: 0

    'honest mistake' My arse.

    It is purely part of the publicity stunt.

    Trying to look as if they are the good guys.

  121. A little more information by aboyce · · Score: 2, Informative

    From the network admin mailing list at Penn State:

    "<i>...I was also led to believe that I am the first on-campus complaint where the RIAA allegations were not legitimate. We have a professor Peter Usher, and an mp3 file in another directory that was done a cappella by our employees and extols the capabilities of the Swift Gamma Ray Burst satellite that is scheduled to go into orbit later this year. Nothing else that would even come close to infringement.</i>"

  122. Par for the course: my school by ToadMan8 · · Score: 1

    Has anyone else seen the same pattern at their school? Is this par for the course?

    No, actually; I go to a public ivy in the mid-west and also work for the computing division. We have about 10,000 undergrads living on campus, and have lots of money for nice computers with fat hard drives. Last year a couple of people ran a DC server on campus and had anywhere between 600 and 800 users on at any given time sharing about 11 terabytes or so. Some individuals were sharing 200 + gig's individually. The school heard nothing about this DC server what so ever and therefore knew, but did nothing about it. Beats Kazaa, it's mostly students so it barely uses the internet link (and thus doesn't cost the universit money on I-net bandwidth)...
    On the other hand a handful of RIAA letters were sent for Kazaa sharers. The RIAA sent a letter and the IP to the university, the security team forwarded the letter to the person in question, told them to destroy the file or if the own it not to share it and if they had questions, call. That was all. They didn't tell the RIAA who they were, and the RIAA asks for this (think Verizon) and the letters go ignored.
    So no, many universities are much more lax about the piracy issue.

    --
    I haven't posted in so long, my sig is out of date.
  123. they do that themselves. by themusicgod1 · · Score: 1

    someone thought that using that tactic to help the DeCSS not dissapear from the internet too...i think by doing that you help the enemy more than anything... i mean really...if they can't find the real files what makes you think the casual searcher can? while there's always respect in my heart for [pseudo]bands like metephallica...c'mon people.

    in the meanwhile... why not instead just Host More Files...worry about your own life...Get a good knife...and do other productve things...

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  124. Flood the Internet with These by Anonymous Coward · · Score: 0

    We should flood all FTP / Kazaa / etc servers with legitimately named files, such as Usher.mp3, that are just legitimate files.

    Send the RIAA on a witch hunt, that's what I say.

  125. Hosting Fake Sites by moncyb · · Score: 1

    I'm not sure that would work. They'd probably just send DMCA complaints anyway, and if you have a stupid hosting company, your site would be shut down.

    A much better idea: make fake fan sites where the title, summary, and url look real, so anyone searching will have trouble finding the "artist's" page. Get together with a bunch of people and link the pages together, so Google will give the fake sites high PageRanks. Let's see Britney fans find her page. We can play the spamming game too. ;-)

    Then again, putting the names of these organized crime supporting celebs somewhere in all your pages may mess searches up just as much.

    1. Re:Hosting Fake Sites by Frobnicator · · Score: 1
      A much better idea: make fake fan sites where the title, summary, and url look real, so anyone searching will have trouble finding the "artist's" page.
      But then you can get to the problems of dilution of trademark and trademark infringement, since you obviously are attempting to do both. You could be responsible also for civil or criminal libel, civil or criminal defamation, slander, unfair competition, IP theft, or illigal use of copyrighted material. Unfortunately, the musician and band names are trademarks and generally qualify for protection. (*1)

      Even better than fighting against RIAA (*2) is to ignore them all together. Visit IUMA (*2) and listen to the artists there. Sure, lots of them suck (*3), but if you stick to the top 40 each time it is updated you will get great music, I GUARANTEE IT (*4).

      They also have a streamed radio of MP3's. They usually have good songs there, too, but some of those are also pretty bad (*3). Again, I GUARANTEE (*4) you will find good music on their site.

      frob.

      *1 - I'm very familiar with IP law but not a lawywer, and this is not legal advice. Get a lawyer and proper legal advice before doing anything that might offend any company on the planet.

      *2 - trademarks like RIAA and IUMA are owned by their respective owners.

      *3 - Any claims of music suckage or quality are the views of the author.

      *4 - This is not a guarantee, but the author's view of a very likely event.

      --
      //TODO: Think of witty sig statement
    2. Re:Hosting Fake Sites by moncyb · · Score: 1

      But then you can get to the problems of dilution of trademark and trademark infringement

      So you're saying we can't even put up webpages about them? Haven't you heard of freedom of speech? So if I have a page with a url "http://mysite.fake/artistname" titled "Artist's Name", put in a summary meta tag which says: "page about Artist's Name", and the body says: "Artist sucks!", then I am breaking the law? What about my friend Britney's picture of her spearing the team mascot? I can't put the caption "Britney spears team mascot"?

      IANAL either, but trademark infringement would be if someone (not Madonna) made a music CD, and sold it under the name Madonna. Dilution of trademark would be if someone used the name Usher as a generic term for a style of music. Such as saying: "the song Foo Bas Bar sounds really Usher." Putting up a bunch of pages voicing my opinion about various celebrities isn't against the law. Suggesting others do the same isn't either. ...well unless you live under a communist / taliban regime, but if so, you probably have bigger fish to fry.

      You could be responsible also for civil or criminal libel, civil or criminal defamation, slander...

      When did I say to tell lies about them?

      ...unfair competition...

      You mean like pulling together an "industry" and suing a web site (mp3.com), then a company in the "industry" "mysteriously" purchases the site (Universal Music)? Yeah, I call that unfair competition!

      I doubt any judge would confuse free speach--such as hosting a RIAA (or whoever) sucks site--with unfair competition. That would be just as stupid as if Sun Microsystem's Java trademark could be enforced against coffee web sites.

      ...IP theft, or illigal use of copyrighted material.

      When did I even come close to mentioning violating their copyrights? Do you even know what a copyright is? If someone took a CD, encoded it to mp3, and put it on thier website without the copyright owner's permission, that's "illegal use of copyrighted material." Same thing for pictures. Which search engine will search for the audio traces of a specific persons voice--besides the NSA? None. Which search engine will search image files for visual look alikes for a person's facial features? None.

      I doubt even the RIAA would be stupid enough to try claim copyright on a page which says "[artist name here] sucks!"

      Get a lawyer and proper legal advice before doing anything that might offend any company on the planet.

      Yeah, exactly the problem with the world today. Give in to any company's or any person's demands (even before they make one) because they might sue. You might like living under a rock, but I don't.

      There are far worse ways to be screwed over than a frivolous lawsuit by some company. How about elimination of free speech?

      trademarks like RIAA and IUMA are owned by their respective owners

      So according to you, you are breaking the law here? Well, unless you are an employee representing them. I think you interpet the law too broadly. Next you'll be saying it's jaywalking if I walk across my driveway.

    3. Re:Hosting Fake Sites by Anonymous Coward · · Score: 0

      A much better idea: make fake fan sites where the title, summary, and url look real, so anyone searching will have trouble finding the "artist's" page. Get together with a bunch of people and link the pages together, so Google will give the fake sites high PageRanks. Let's see Britney fans find her page. We can play the spamming game too.

      But then you can get to the problems of dilution of trademark and trademark infringement

      So you're saying we can't even put up webpages about them? Haven't you heard of freedom of speech?

      Yes, a web page that attempts to confuse a file 'madonnas-greatest-hits.mp3' with some actual recording would breaking the law. See bitlaw's definition of trademark dilution to see more. Note "There is no need to prove a likelihood of confusion, nor is there any need to show competition between the goods of the plaintiff and the defendant." Then it lists the two classes as:

      • "Blurring", by which the connection in consumers' minds between the plaintiff's mark and the plaintiff's goods or services is weakened; or
      • "Tarnishment", which means that the defendant's use is unsavory or unwholesome, or the mark is used in connection with inferior products."

      What you describe could be prosecuted as blurring. Where you *might* be able to defend yourself is the clause about being a non-commercial web site, but a careful reading of the law could show that because it is intentional, you are not exempt. In either case, it wouldn't be a good thing.

      ...make fake fan sites...

      You could be responsible also for civil or criminal libel, civil or criminal defamation, slander...

      When did I say to tell lies about them?

      By intentionally deceiving customers, you are lying. But you are right in that if you only post facts that you can prove, those particular laws wouldn't be a problem.

      ...IP theft, or illigal use of copyrighted material.

      When did I even come close to mentioning violating their copyrights? Do you even know what a copyright is?

      IP theft by improper use of their trade name. illigal use of copyrighted material in a 'fake fan site', since most fan sites include some (fairly used) copyrighted materials, such as logos, pictures, etc. And yes, I am very familiar with what a copyright is and how they function, as I have taken classes on copyright and IP law.

      trademarks like RIAA and IUMA are owned by their respective owners

      So according to you, you are breaking the law here?

      No, stating ownership of identifying marks, attribution, and citations are not considered unlawful.

      I think you interpet the law too broadly. Next you'll be saying it's jaywalking if I walk across my driveway.

      Nope, on two counts.

      First, your driveway is private property, although the courts may still have something to say. (The Supreme Court is expected to take up the issue of a Salt Lake City, Utah private property restriction that has been an issue for many groups, including: churches such as the Seventh-day Adventists, the Colorado Catholic Conference, the Islamic Society of Colorado Springs and the Baptist Joint Committee on Public Affairs, the Church of Jesus Christ of Latter-Day Saints, casinos like the Venetian Casino Resort, city groups like The National League of Cities, the International Municipal Lawyers Association and the National Association of Counties, states who are enjoining the Supreme Court to take up the matter, including Alabama, Kansas, Nebraska, Texas and West Virginia, and other plazas such as the Lincoln Center)

      Second, your driveway probably doesn't have traffic control signals or a crosswalk. From what I have read online whi

  126. oh, that is bad. by twitter · · Score: 1
    Pepsi products are the only soft drinks that are allowed to be sold on campus.

    Pepsi? You are owned by the dark side. Just look at one of thiers did to Apple. I doubt a public university will have a charismatic leader who can come and save it at the last moment. I'd tell you to get out, but the job market sucks right now. Suck it up and take the Dolly Madison Anthopology courses or something.

    --

    Friends don't help friends install M$ junk.

    1. Re:oh, that is bad. by finkployd · · Score: 1

      Actually I work there (as well as take classes occationally, I'm on the 10 year slooooooow degree plan).

      From what I understand, our new IST (information science and tech) program is pretty much owned by microsoft as well. This kind of corporate ownership is not limited to PSU though, I hear it is happening everywhere. It seems to be only a matter of time before corporations begin dictating academic programs...

      Finkployd

  127. RIAA on board by SysKoll · · Score: 1

    Oh gosh, that explains so much. THanks for the info.

    --

    --
    Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  128. blood money by twitter · · Score: 1

    I imagine the $50,000 or so just extorted from four students will just cover the costs associated with this. The salary of the temporary employee who took the blame, $24,000/year x 2 month career = $4,000.. Legal fees = $45,999. Cost of setlement offered = $1.

    --

    Friends don't help friends install M$ junk.

  129. Re:I believe RIAA is responsible for the new virus by Anonymous Coward · · Score: 0

    Ok, ok, ok. I was wrong. Bill Gates is not looking for me. Because I am insane. It was Hillary Rosen who posted the original response to my first comment. Musta been. She would be the only person that would be really scared of it in the first place.
    You had better write something Hillary. If you don't get in touch with me, I'm coming to get in touch with you. Talk to you soon.
    Josh McFarland.

  130. WTF? by cr@ckwhore · · Score: 1

    Who the fsck listens to Usher anyway? Thats right -- nobody. Point is moot.

    --
    Skiers and Riders -- http://www.snowjournal.com
  131. Of course corporations are snooping the net by Tired_Blood · · Score: 1

    In other words we have corporations snooping in on our transport medium. It's a dangerous slippery slope, what's next... I turn on my computer and it says "Your internet may be monitored for quality assurance purposes."

    Most of the net is in plain text. That's the equivalent of shouting a conversation in a crowded room.


    Even the use of encryption has it's limits. The message gets sent through possibly insecure pathways to the intended recipient and decrypted there. BUT, along the way, anyone can store the encrypted message and have forever to try and break the encryption.

    The rule is that if a message is SO secret that you NEVER (as in infinity-never) want anyone to know, don't send it through insecure channels. It is expected that any encryption will eventually be broken.

    One way to make use of this drawback to encryption is to send a message like, "Something important. Meet me at 8PM." If anyone listening can't break the encryption by 8PM, then they're s-out of luck.

    --
    This is not my sig.
  132. obligatory link to "road to tycho" by twitter · · Score: 1

    Every day, The Road to Tycho looks less like fiction. Dare to share music and you get your network access cut. How many courses depend on that access? Oh, I see you start to fail your courses before they sue you for all your future earnings. Music today, books tomorrow. Public libraries will be eliminated. These cases are not about publishing they are about sharing and control.

    --

    Friends don't help friends install M$ junk.

  133. I think someone needs a lot of junk mail by Anonymous Coward · · Score: 0

    The RIAA can be contacted at:

    RIAA
    1330 Connecticut Avenue N.W., Suite 300
    Washington, D.C. 20036

    (202) 775-0101 phone
    (202) 775-7253 fax

  134. Using this to our advantage by Rai · · Score: 1

    So If I start sharing files with names like "Madonna.mp3" with just audio clips of me talking about madonna,"Matrix Reloaded.divx" with video footage of me talking about the new matrix movie, etc... and if RIAA tries to sue me, could I counter-sue for some violation of privacy or some other reason?

    1. Re:Using this to our advantage by Quixotic+Raindrop · · Score: 2, Insightful

      Actually, yes. I think you've hit the nail right on the head: one way to combat the stupidities of the RIAA and MPAA, and demonstrate that their arrogance and the DMCA clearly overstep all reasonable boundaries established in the Constitution, is to expose them.

      If the RIAA and MPAA are incapable of determining whether a given file is a violation of copyright automatically, then how is it that they expected Napster to do so? How about Verizon? Or any other ISP/University/person? Basically, the RIAA and MPAA get to talk out of both sides of their mouths (do as we say, not as we do?). This we must fight with all of our strength.

      Also, be sure to pad your files with random noise, or non-copyrighted things (reading aloud the works of Shakespeare, for example), so that the final file size reasonably approximates the size of the Matrix Reloaded movie on divx, or any given song you want to spoof. That way file size no longer serves as a useful way to determine whether a given file might be a violating file. Of course, this also makes it harder on people who have legitimate reasons to find those files (Matrix Reloaded may not have any legitimate reasons to be on p2p just yet, but I can think of at least two perfectly valid reasons for a person to d/l, say, "Music.mp3" by Madonna over p2p networks).

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    2. Re:Using this to our advantage by EmagGeek · · Score: 1

      The easiest way to pad is using white noise. It's EXTREMELY incompressible because it is so random, and therefore you don't have to use so much.

      Of course, you could just taunt the hell out of them by recording 400MB of white noise, then compressing it, then encrypting it, and call it something like "Matrix Reloaded.divx.pgp" or something.. put it on $P2P_NETWORK and let it propagate wildly... they may even commit so much time and effort to decrypt it, only to find white noise.

      Don't try this at home, kids... this is just pie-in-the-sky speculation...

  135. Re:MediaForce (OT) by Abcd1234 · · Score: 1

    George W. Bush should be tard and feathered...well, one out of two ain't bad...

    Umm, nice attempt at a clever sig, but "tard" isn't a word. It's supposed to be "tarred and feathered", as in, covered in tar and feathers. Haven't you seen any old Loony Toons cartoons? :)

  136. Slashdot the RIAA by Cruciform · · Score: 2, Interesting

    So if everyone were to just ramble on into a microphone about their favorite (or despised) artist, and then name it accordingly (eminem.mp3, madonna.mp3) and share it, the RIAA would have to keep paying lawyers for every warning they issue. The costs add up.

  137. snooping by Anonymous Coward · · Score: 0

    If all the RIAAs snooping is affecting my ping times I'm going to be salty.

  138. True, because Intellectual Property does NOT EXIST by bee · · Score: 1

    This statement is true by default, simply because there is no such thing as intellectual property.

    Perhaps we need the equivalent of Godwin's Law: if you use the term 'intellectual property' except in jest, you lose the argument.

    --
    At least mafia-owned pizzarias make excellent pizza. Compare to Bill Gates.
  139. "Honest" mistake, my ass by ScooterComputer · · Score: 1
    First off, I can't see how, in any conceivable way, this would pass judicial overview in terms of due diligence. We really do need to implement better "Junk" lawsuit legislation quickly. Further, going past that and having PennState say it was an "honest" mistake is a disservice to every other person falsely accused by the RIAA. I'm rather pissed to be a Pennsylvanian taxpayer, and I'll be letting my congressal delegates know. Honesty, by definition, implies integrity...and the RIAA has shown absolutely NONE in the many cases such as this that has been brought to light. The shear fact they continuously support a deceptively incorrect interpretation of copyright law is evidence enough of their less than virtuous behavior.

    But on another note...why hasn't a RIAA/MPAA Apache-based honeypot been rigged up yet? Is anyone aware of one? I would be more than happy to GI/GO (Garbage In/Garbage Out) their search engines. I can't imagine it would be hard, and, AFAIK, doing so does NOT violate the DMCA. Every OS X user out there could become a weapon!

    --
    Scott
    "Hokey religions and ancient weapons are no match for a good blaster at your side, kid."
  140. A Clever Trap by serutan · · Score: 1

    Tomorrow's story:

    RIAA Sues Penn State for Apology Infringement -- the RIAA has filed suit against Penn State University for unauthorized duplication of its recent apology. RIAA spokeswoman Hilary Rosen explained that apology piracy costs the industry billions each year. Senator Fritz Hollings was not available for comment.

  141. Re:MediaForce (OT) by Reziac · · Score: 1

    OT: At first I had the same thought, but I think the sig in question is punning on (re)tard.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  142. Re:MediaForce (OT) by Abcd1234 · · Score: 1

    Yeah, I know, but it doesn't work well, simply because it appears the poster doesn't understand the phrase "tarred and feathered" (like someone spelling "voila" "walla"... clearly, they don't understand the meaning of the word(s) they're using).

    In the end, it's the kind of "joke" which only works well when spoken, as it relies on "tard" and "tarred" being (almost) homophones.

  143. mail bomb? by Anonymous Coward · · Score: 0


    RIAA

    1330 Connecticut Avenue, N.W., Suite 300,

    Washington, D.C., 20036

  144. I have an idea *GRIN* by grioghar · · Score: 0

    Alrighty, everyone record a "What the fuck are you thinking, RIAA?" MP3 and throw it up on your anonymous FTP sites and KaZaA everywhere, with the title of your favorite Pop group.

    Soon, the RIAA will be kicking out MILLIONS of cease-and-desist letters to the world. It would negate their system all together.

    --
    Can you ping me now? Gooood! | Manhappenin.Net - Things to do
  145. Innocent Casualties by oaf357 · · Score: 1
    Obviously the RIAA is a HUGE bunch of MORONS. Think about it. If they search for copyright violations and the search term happens to be the name of the person they're accussing shouldn't they look deeper as opposed to laying waste to everything in their path?

    Innocent casualties will be the downfall of the RIAA. Counter lawsuits will start stacking up and they won't know what to do with themselves.

  146. among other news ... by porky_pig_jr · · Score: 1

    RIAA has sent a threatening letter to Edgar Allan Poe, after it came across on his 'The fall of the house of Ushers'. "it was not mp3 format' Hillary Rosen said, 'but nonetheless RIAA remains vigilant'. Edgar Allan Poe wasn't available for comments.

  147. Due diligence? by Interrobang · · Score: 1

    Isn't there something in US law requiring "due diligence" before attempting to prosecute a suit? Note IANAL, and worse, IANAA (...An American), so I could be wrong, but FindLaw's legal dictionary seems to think so.

    In any case, if this means what I think it means in this context, the RIAA sure didn't do it.

    (Your head hurt from all these conditionals yet?)

  148. Have they apologized for corrupting th legislature by HiThere · · Score: 1

    Have they apologized for corrupting the legislature? That's the more serious evil they have committed. Not that appologizing would suffice. They would need to make actual amends before I would start to begin to consider that they might be moral creatures. And that would be both difficult and costly.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  149. Worse mp3? by jaysones · · Score: 1

    I can't decide which I'd rather not hear: Usher or an a cappella group of astronomers singing about a satellite. Please, don't distribute either one!

  150. RIAA Honeypot anyone? by TheDukePatio · · Score: 1
    Anyone who wants to really screw around w/the RIAA can do so very easily. So long as you've gotta public FTP site, and say, 50-100 MB to play with can create junk files (text, core files). Name them rather blantantly (Usher - NEW SONG.mp3, etc), then just leave them out there for the RIAA to troll. Let the notices come, tell the RIAA to screw off and wait for legal action.

    Get enough folks to do this and the RIAA will be so busy chasing ghosts they won't know what to do w/themselves.

    --
    To Alcohol! The cause of, and solution to, all of life's problems.
  151. Nice... by TamMan2000 · · Score: 1

    the Iraqi government has bragged about its support of terrorist groups. Those terrorist groups have gone on the public record about how proud and grateful they are about the support they've received from the Iraqi government.

    got a source on that one, sounds interesting?

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  152. Re:Hit Me Baby One More Time by wo1verin3 · · Score: 1

    >>not sure you can have an FTP that allows
    >>anonymous access and not call it public

    If I leave my vehicle unlocked, with car running and keys plain view in ignition, with a little trail of breadcrumbs leading to my door my insurance company still covers me for theft, because if someone gets in and takes it, it is still theft.

    Choosing to not lock my doors does not give anyone else the right to enter.

  153. Another RIAA error, from DSLReports.com: by The+Wicked+Priest · · Score: 1

    I saw this a few days ago on DSLReports.com: A Speakeasy customer, who was running an anonymous FTP server, with NO MP3s at all, was forwarded a threatening letter from the RIAA by his ISP. The letter actually complained that the site offered "approximately 0 sound files for download. Many of these files contain recordings owned by our member companies," etc. See the whole thread here.

    --
    Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  154. the BOFH in me..... by venom600 · · Score: 1

    So, let's all create thousands of zero length files containing artists names and '.mp3' and put them out on our ftp servers. :)

  155. Let's not forget that ... by pyramid+termite · · Score: 1

    ... is this had been Joe Schmoe@anyISP.net he'd have probably had to fight a lot harder to keep his net.access than the University did. Whatever happened to the idea of innocent until proven guilty? They're not even listening to the files to make sure that they are actually ones they own.

  156. I was ordered to remove my files by northwind · · Score: 1

    Of my daughters schools drama club play "Peter Pan"
    I am not kidding. The movie association of america forced my ISP to require that.

  157. Re:Hit Me Baby One More Time by Repugnant_Shit · · Score: 1

    Good example...
    My insurance rate probably goes up, and everyone thinks I'm a moron for leaving the car unattended. I was asking for it, same as having bootleg music on a public server.

  158. Re:Easier peerguardian install by Otto · · Score: 1

    Once you get it from http://methlabs.org/pg/ then its all GUI from there.

    Support>Visit PG2 Database to get more IPs.


    Yes, but that doesn't actually get those IPs into your system. Nor does it remove the bad IP ranges listed at the top of the file. Copying the plaintext version into your blocklist is easier to manage.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  159. PSU's perspective by Anonymous Coward · · Score: 0

    You'd be surprised at how many students don't know anything about the RIAA lawsuits, or the legal consequences in general. Not everyone is teribbly savvy on these matters, you know.

    Incidentally, I know a guy who works in Penn State computer security, and they really do view letters like this as an informative service, not a threat. They don't want to get in the news for their students being sued by RIAA, so they're trying to warn people to clean up.

    It's actually a huge hassle for Penn State to crack down on this themselves -- he told me it takes up to 45 minutes of work (labor, paperwork, etc.) to shut down someone's port. PSU isn't real eager to enforce this themselves, but they're also not real eager to seeing their students' criminal behavior making national headlines when RIAA comes after them. Hence, the e-mails.

  160. Russ Nelson had a similar idea by Anonymous Coward · · Score: 0
    ...but he proposed using the DMCA instead of a click-through EULA

    It's a short but interesting page -- read it!

  161. Re:horrible apology by Anonymous Coward · · Score: 0

    No you weren't. Some moderators obviously heard it too.

    (have to post AC, because this will be moderated off-topic, flame-bait, or troll).

  162. Re:MediaForce (OT) by Reziac · · Score: 1

    Like most humour, it exists in the eye of the beholder... maybe we should institute a pun fine here on slashdot: "-1, bad pun" :)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  163. The MPAA did the same thing to my Website Too! by netmovies · · Score: 1

    Funny how things happen at the same time my Press Release came out. I am trying to put an end to the way the RIAA and the MPAA are using and abusing the DMCA for good. Take a look at my case and you will see. Thanks for your support.

    Michael J. Rossi InternetMovies.com

    FOR IMMEDIATE RELEASE May 12, 2003

    INTERNETMOVIES.COM appeals to U.S. Ninth Circuit Court against federal judge's ruling THAT DMCA does not require MPAA to conduct any investigation to shutdown websites.

    KAHULUI, Maui, Hawaii, May 12 / -- The United States District Court for the District of Hawaii granted the Defendant's motion on April 29, 2003, in regard to the case of Michael J. Rossi d.b.a. InternetMovies.com vs. Motion Picture Association of America (MPAA) et al. InternetMovies.com attorney, Jim Fosbinder said, "The Judge has held that the "good faith belief" requirement before sending cease and desist letters under the Digital Millennium Copyright Act (DMCA) does not require the MPAA to conduct any investigation prior to sending cease and desist letters to Internet service providers. The same "good faith belief" phrase has been held to require an investigation in hundreds of other federal decisions where the phrase is used in other federal statutes and rules including copyright, trademark, securities and federal rules of civil procedure cases. In the InternetMovies.com case, the MPAA admitted sending threatening letters to the Internet service provider without conducting any investigation."

    The lawsuit was filed against the MPAA last year, on April 25, 2002 as a result of a series of cease and desist orders issued in March and April 2001, wrongfully accusing InternetMovies.com for distributing unauthorized copies of copyrighted motion pictures and ultimately the wrongful shutdown of the entire web site http://www.InternetMovies.com . One of the downloadable movies noted by the MPAA was "Lord of the Rings: Return of the King", which is due in theaters in December 2003 and was to be in post production at the time of the cease and desist order. The allegations against the MPAA include interference with contractual obligations, interference with prospective economic advantage, as well as libel and defamation. A settlement agreement was offered to InternetMovies.com by the MPAA if Rossi waived the right to appeal. InternetMovies.com did not settle and will be appealing the decision with the U.S. Court of Appeals of the Ninth Circuit contending that unless a requirement of a reasonable investigation prior to shutting down a web site is read into the DMCA, the DMCA would alter the usual legal relationship of the parties in favor of the copyright holder, providing little or no recourse to the person or business wrongfully accused of violating copyright laws. In addition, InternetMovies.com will be contending that the requirement of the DMCA's "good faith belief" of alleged infringement has in nearly every other context been held to require a reasonable inquiry or investigation, which was not done by the MPAA prior to the shutdown. InternetMovies.com intends to ask the District Court Judge to reconsider its ruling that a "good faith belief" does not require the MPAA to make any investigation.

    InternetMovies.com is a web site with an online directory of artists' works and Internet news magazine providing information and resources about movies on the Internet. One of the goals of InternetMovies.com is to allow studios and independent artists to distribute digitally secure movies to its membership and duly compensate artists for their works.

  164. Except for...... by whitehat · · Score: 1

    the faculty who are not mentioned in the notice and are free to copy/distribute any and everything a student submits as part of their coursework or has on their computer without worry. Like making your doctorate thesis available in the university library for future New York Times reporters to create a story from....

  165. corporation bating by themusicgod1 · · Score: 1

    sounds like an extreem sport :)

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    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  166. our uni by themusicgod1 · · Score: 1

    in regina, sk, canada has the same sort of deal with cocacola...

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    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  167. robots.txt in a ftp address?? by Tei · · Score: 1

    robots.txt work in http protocol, I think. Not in ftp I think you are wrong.

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    -Woof woof woof!

  168. Great for P2P by Anonymous Coward · · Score: 0

    http://www.digital-update.com/forums/index.php

    1. Re:Great for P2P by 16f877 · · Score: 1

      Direct link

      http://www.digital-update.com/forums/attachment.ph p?s=&postid=649