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Record Labels Sue Morpheus, Again

Brushfireb writes "In a move that most Slashdotters will find suprising (/sarcasm), the RIAA has once again sued Morpheus, over a service that Morpheus never launched, known as StreamCast Networks. This comes not long after the RIAA lost the case to Morpheus, as you may remember from this Slashdot article."

29 comments

  1. Hope they don't win.. by PFAK · · Score: 2, Insightful

    Lets hope that the RIAA doesn't win this case. This would be a big boost for the P2P community, and would probably in the end mean that P2P wouldn't always be related by piracy.

    Why does the RIAA always think they can boss everyone around, they act like everyone is a little child, and that they can be squashed.

    Doesn't help with the current state of the US justice system though..

    --

    Free means no restrictions, ironic the FSF's GPL forces restrictions, isn't it? What's your definition of free?
    1. Re:Hope they don't win.. by Blob+Pet · · Score: 4, Informative

      Record labels allege in the suit that in preparing to launch the radio service, Streamcast bought thousands of CDs with thousands of songs and then transferred the music onto a digital database on computer hard drives and other memory devices without the permission of the copyright owners.

      If this is what they're complaining about then they won't win because copying CDs to hard drives isn't even nearly illegal unless you distribute the music.

      --
      "...today consumers have been conditioned to think of beer when they see a bullfrog..."
    2. Re:Hope they don't win.. by clonebarkins · · Score: 1
      If this is what they're complaining about then they won't win because copying CDs to hard drives isn't even nearly illegal unless you distribute the music.

      Well, the whole idea of a streaming internet radio station is to distribute music. However, as long as they pay the royalties, the RIAA has no case.

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    3. Re:Hope they don't win.. by Blob+Pet · · Score: 1

      but the streaming internet radio station never came alive, so the RIAA shouldn't get a dime.

      --
      "...today consumers have been conditioned to think of beer when they see a bullfrog..."
    4. Re:Hope they don't win.. by clonebarkins · · Score: 1
      but the streaming internet radio station never came alive, so the RIAA shouldn't get a dime.

      I agree wholeheartedly!

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    5. Re:Hope they don't win.. by macdaddy357 · · Score: 1

      The RIAA won't be able to hire expensive lawyers, and bring frivolous lawsuits if we take their money away by not buying CDs. The RIAA are the real pirates.

      --
      How ya like dat?
    6. Re:Hope they don't win.. by henrygb · · Score: 1

      When is RIAA going to sue Sony for producing the net minidisc walkman recorder? It has the "ability to record from multiple sources (PC, Portable CD, Home CD Unit, Radio)", though presumably not copy-protected non-CDs produced by Sony. Does it matter that Sony is an RIAA member?

  2. Frivolent by clonebarkins · · Score: 5, Insightful

    From the article:

    Record labels allege in the suit that in preparing to launch the radio service, Streamcast bought thousands of CDs with thousands of songs and then transferred the music onto a digital database on computer hard drives and other memory devices without the permission of the copyright owners.

    I'm sorry, but why would they have to notify the copyright owners? There are thousands of radio stations that do this same exact thing.

    Now, if Morpheus planned on not paying appropriate royalties, there might be a case. There might also be a (unjest, nevertheless still legal) case if any of those CDs are copy-protected. But simply making a database should not be illegal.

    Hopefully this will be dismissed for the farce it is. Morpheus should countersue the RIAA for filing frivolent lawsuits.

    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    1. Re:Frivolent by PurpleFloyd · · Score: 1
      Quoth clonebarkins:
      I'm sorry, but why would they have to notify the copyright owners? There are thousands of radio stations that do this same exact thing.
      Radio stations pay a lot of money for broadcast rights. While small labels may give out some songs free to college radio stations and the like, radio station owners can count on paying tens or hundreds of thousands of dollars for broadcast rights to a hot new single from a major label.
      --

      That's it. I'm no longer part of Team Sanity.
    2. Re:Frivolent by cdrudge · · Score: 1

      Your right. Radio stations do pay lots of money for broadcast rights. That isn't why they filed the lawsuit. The suit says they violated the copyrights by space shifting the CDs to digital media. Many radio stations do this to set up play lists, instantly find that "requested" song, and so on. Space shifting has been upheld time and time again as fair use....as long as you old the original media. It is the very same thing as you recording a CD to a cassette to listen in your car. Morpheus never launched the service, so there was no copyright infringement.

  3. Greedrageous by cgenman · · Score: 2, Insightful

    Company A pays large amounts of royalties for CDs for music to be broadcast across the internet. Company A transfers the legally paid for music to another medium for internal use only, in preparation for a service that would pay an additional fee. Company B-F, represented by the RIAA, sues company A for copyright infringement.

    The RIAA has been making the case for quite some time, unsuccessfully, that consumers do not have the right to meduim-shift the music they purchase licenses for. It is no surprise that they are attacking an old enemy with this old stick. If they win, they have a powerful prescident and a hobbled competitor. If they lose, they still progress in their plan to litigate threats to death.

    This suit is saying that you don't have the right to make a casette copy of a CD for play in your car, a right courts have upheld time and time again.

    Frivolous.

  4. Reactions.... by Sevn · · Score: 4, Funny

    RIAA: We don't care if we win or we lose. We have
    all the money people buying our way overpriced
    products have paid to bring about as many pointless
    lawsuits as possible til these punks learn who their
    corporate masters are.

    Morpheus: Gee, I hope we get the same Judge we did
    last time.

    --
    For every annoying gentoo user, are three even more annoying anti-gentoo crybabies. Take Yosh from #Gimp for example.
    1. Re:Reactions.... by notque · · Score: 1

      They won't even need the same judge this time. This one is completely ludacris.

      They are suing over something they never launched, because they intended to copy music on to computers they intended to pay for to distribute, but never distributed, so the whole thing is moot.

      Can we slashdot the RIAA with lawsuits? That would be fun.

      --
      http://use.perl.org
    2. Re:Reactions.... by Type_O_Negative · · Score: 1

      No, the lawsuit is "ludicrous". It is *not* a no-talent fuckwad rapper.

    3. Re:Reactions.... by notque · · Score: 1

      I knew I was making the mistake when I wrote it. My lexicon is severely damaged as well as my spelling.

      And I love Luda. He's oodles of noodles.

      --
      http://use.perl.org
  5. This is RTFA by notque · · Score: 2, Insightful

    And what exactly does this have to do with the lawsuit?

    --
    http://use.perl.org
  6. Not Now! Morpheus is busy! by blazerw11 · · Score: 4, Funny

    He's busy defending Zion, and things look dire. This is the LAST thing he needs!

    --
    A great many people think they are thinking when they are merely rearranging their prejudices. -- William James
    1. Re:Not Now! Morpheus is busy! by jon787 · · Score: 3, Funny
      He's busy defending Zion, and things look dire. This is the LAST thing he needs!

      And who do you think he is defending Zion from???

      --
      X(7): A program for managing terminal windows. See also screen(1).
  7. wow by alcharn · · Score: 1

    I think in a way they are correct. But all of these music networks are out of control. The artists are getting no credit. At least there should be a monthly fee in order to download music. I love Morpheus and Kazaa, but am I really supporting my favorite artists?

    1. Re:wow by Stanza · · Score: 1

      I think in a way they are correct. But all of these music networks are out of control. The artists are getting no credit. At least there should be a monthly fee in order to download music. I love Morpheus and Kazaa, but am I really supporting my favorite artists? But all of these RIAA cartels are getting out of control. The artists are getting no credit. At least there should be some money going to the artist in order to buy a CD. I love my CD and record stores, but am I really supporting my favorite artists?

  8. RIAA vs. RIAA - A fictional account. by GuyverDH · · Score: 1

    A work of fiction - any similarity between this story and actual events is only dreamed of by the masses, and wishfull thinking on others.

    In a confusing and somewhat dumbfounding move today, the RIAA has started multiple criminal law-suits involving every known manufacturer of audio cd's.

    Spokespersons of the :Fictional:RIAA were quoted as saying "We've had so much luck suing everyone that had a hand in the potential copying / pirating of music, that we've decided to take it to the digital source." "I mean, come on, we all know that if it wasn't for the cd manufacturers, no-one would have a pure digital source to copy from." "We'd all be relegated to using fuzzy / hissy sources such as tape, or poppy sources like vinyl." "It all comes down to this, we're in this for the money, not to protect anyone's interests, and we see these companies as being the largest possible sources of income."

    In a late breaking associated story, the Record Industry itself has filed a class-action FICTIONAL:countersuit against the FICTIONAL:RIAA claiming breach of contract, conflict of interests and just down-right money grubbing, mangie-dogged meanness. A spokesperson for the lawyers retained for this FICTIONAL:countersuit had this to say "If we'd have known what these, and I use the term loosely, people were going to o, we'd have never joined the RIAA in the first place. We should have known, from other things that happened, that I won't mention here, that they were up to no good."

    --
    Who is general failure, and why is he reading my hard drive?
  9. What's that smell? by HTH+NE1 · · Score: 2, Insightful

    There's something ripe here, and it's not the RIAA's case.

    They should have to wait until there such a service is launched before suing, just like those who fear being sued under the DMCA seeking affirmation of legality beforehand have been rebuffed by the courts.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  10. But how.. by malocchio · · Score: 1

    Streamcast bought thousands of CDs with thousands of songs and then transferred the music onto a digital database on computer hard drives and other memory devices without the permission of the copyright owners.

    Maybe I missed something, but how the hell does the RIAA know that Streamcast bought thousands of CD's and ripped them? And besides, ripping CD's is perfectly legal, distributing the ripped music is not. So, what...you can sue someone these days because you think they are going to break a copyright?

  11. The RIAA got the program to work? by Dolemite_the_Wiz · · Score: 1

    Man, bonus points for them in working through the numerous Java issues that turned this program into e-molasses.

    Dolemite
    _____________

    --
    Save the World! Use a Quote!
  12. RIAA has an ax to grind by gearheadsmp · · Score: 1

    The RIAA is filing this lawsuit against Morpheus because they're still mad they lost to a P2P company in court. If they found out that the Clinton Library bought 1,000 CD's, put them in FLAC on some kind of jukebox storage system, they woudln't sue. They're suing Morpheus because they know Morpheous will look guilty in court, being a "dubious p2p Co." and all. It's just like trying to can the neighborhood script kiddie for port scanning xxx.xxx.xxx.34 when he really meant to scan xxx.xxx.xxx.35, but didn't quite make it.

    1. Re:RIAA has an ax to grind by youknowit · · Score: 0

      they are also targeting college campuses. i know at my school, there was a school wide memo, letting everyone know of a possible suit from the RIAA and a pending investigation. it seems they are going to hit areas where there is high file sharing. the school tried to scare individual students, telling them they were in danger of being prosecuted if they were heavy users of file sharing.

  13. Re:This is YR as well as YRO by Sylver+Dragon · · Score: 2, Informative

    Lets please try to keep things in perspective here.

    More than willing to, but it would seem that in the case at hand, that the RIAA is filing suit against the Morpheus people for:

    Streamcast bought thousands of CDs with thousands of songs and then transferred the music onto a digital database on computer hard drives and other memory devices without the permission of the copyright owners.

    Basically, the RIAA is sueing Streamcast for doing something that has been repeatedly held as legal fair use. They didn't ever make the songs available, in fact they didn't because they couldn't get the necessary license to do so. It would seem that they were at least trying to do things the right way, but the RIAA wouldn't play ball, so they stopped. Remembe, if you buy a CD, you are allowed to format shift the contents of that CD. This is just a frivilious lawsuit designed to bleed Streamcast dry of money.
    So, there's the perspective for you, its the RIAA with a very clearly frivilious lawsuit. Now please, before you rant off next time RTFA.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  14. Good God by Dammerung · · Score: 1

    I hope they hack the RIAA again like they did a year a go or so... God that was funny. They need to learn that Music isn't about money.