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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"."

21 of 483 comments (clear)

  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...

  2. 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

  3. 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
  4. 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 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.
  5. I hope they accuse Darth Vader of piracy by Anonymous Coward · · Score: 5, Funny

    ...because we know how he accepts apologies!

  6. 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:)

  7. 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.

  8. "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
  9. 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

  10. 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 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.
  11. 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::

  12. 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

  13. 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
  14. 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
  15. 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