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RIAA Warns Individual Swappers
Joey Patterson writes "CNET News.com reports that the RIAA has sent cease-and-desist letters to four individuals for allegedly pirating its music on P2P networks." They have yet to publicly release the names of who they have contacted, but 4 of the 5 were Verizon subscribers involved with their previous high profile case.
no more individual swapping for me--it's whole truckloads of illegal immigrants from now on!
Wow actually going against people who broke the law? I didn't like that the RIAA was going after all these middle men who provided sharing services and software but the file swapers actually broke copy right law. I think this is a much fairer tactic. They also started with warning letters instead of a bagillion dollar lawsuit. I think this is the way they should handle copyright infringement.
As x approaches total apathy I couldn't care less.
Anyone else find this ironic?
I stopped buying CDs once this whole situation with copyrights and piracy came about. I barely download music, and strictly listen to others' CDs or stream obscure music from free sites. The last CDs I have purchased were independent, and CHEAP. I have not purchased a CD from a major music label in years, and do not plan to until prices for 10 songs goes below 20USD.
Just my $0.02 .
There's no question that thousands of people pirate music, and have tons of it stored illegally on their computer. We know the whole thing is just a scare tactic by the RIAA. They could never prosecute 10% of who pirate music. It's like speeding. They'll catch whoever they can to deter everyone else.
The only thing is you have much better chance at getting caught going 90 in 60 than you do with 40 GB of mp3s on your hard drive. So they've got 9 people so far. 9 lucky winnners of the RIAA lawsuit lottery! I'm pretty sure this will stop just about no from 'buying their tickets.' (i.e. pirating)
I think they plan to save a lot of money by using bulk mail and address everything to "Resident". :-)
Keep the Classic Slashdot.
And people stay with them.... why?
I mean, isnt it time to get a new provider? If everyone left, then maybe they'd fight the fight again...
I seem to remember Verizon refusing to turn over the subscriber names to the RIAA and fighting a court battle for their privacy. Only after losing that fight and being ordered by the courts to turn over the information did they finally consent. And even then they waited until the imposed deadline. Now you are advocating that everyone leave a provider that resisted and fought the RIAA? Just because they ultimately lost in court? Good luck finding many with the balls to challenge the RIAA. I've never used Verizon for any service, but I'd hardly fault them for this.
Yes, this is the way that they should address copyright infringers, but sad that this won't work in the way that those with a rosy-eyed view of our American legal system would hope.
Even if these people were totally innocent of any civil or criminal wrongdoing (which I doubt) the cost of successfully defending themselves would bankrupt them -- not, of course, that innocence is any guaranteee of victory.
And, if they were in fact guilty of some civil tort, they would face paying for, not the actual damage that they may have caused, but rather huge *statutory* damages.
Great system: Cause some RIAA member $1.25 in damage, and face $1.25 million in costs. Nothing like equal justice under law.
Actually, it's the "artists" who are some of the hardest workers in the buisness. They're either in the studio recording, out touring to support their album, doing promotional work, or hundreds of other things that they have to do to sell enough albums so they don't get dropped by their record label. Now, of course, I'm not talking about your Aerosmith/Britney Spears/Metallica super acts that pretty much can do what they want. I'm talking about bands that aren't superstars and still have to actually tour and promote most of the year. Those guys deserve to get paid, they work their asses off for it.
a jury could reasonably conclude that the log showing you downloaded a 10,303,334mb file named "Metallica_Enter_Sandman.mp3" on such and such day is evidence that you downloaded a copyrighted song.
I find it inconceivable that the name of a file in a log is sufficient proof of criminal conduct. If I rename workout_log.xls to bush_assassination_plan.doc am I guilty of a criminal conspiracy to kill the President? No, of course not. If there is sufficient evidence of illegal activity a search warrant would be required to look at the actual content of a file. But, you're right about one point. These days a jury could conclude almost anything despite the evidence or the facts.
First of all, these people aren't 'swapping' anything. That implies a trade where one item (or file) is exchanged for another one, with an implied transfer of ownership. They are COPYING music from one another, not trading it (and trading CDs is NOT illegal, contrary to what some seem to believe).
And that brings me to rant #2. It's easy to regard the RIAA as an Evil(tm) organization when you read (and believe) some of the things people claim the RIAA believes/practices. People here have claimed that the RIAA wants such things as making individual backups of personal CDs, and playing said backups on their computer illegal, and that is simply not true! People make these claims without providing a shred of evidence to back up their assertions. They might as well be accusing Hillary Rosen of violating young children, with as much proof they base their statements on.
Please read this article which clarifies many of the misconceptions about the RIAA's position on fair usage. I think some of you will be very surprised (I know I was).
Is the RIAA perfect? Not even close. But putting words into their mouth for the sake of tricking people into thinking you know something they don't is no way to conduct an honest and meaningful discussion.
"Ask not what your country can do for you." --John F. Kennedy
I received, or I should say my ISP received a C&D from the RIAA a couple of months ago for a single file that I had downloaded over eDonkey. They are certainly not just going after the "big fish".
I totally agree with you that they can't take everyone to court and that others will continue mooching files. However, I also look at it your post and wonder if your thinking would be adjusted if they smacked you with a gajillion dollar lawsuit; that's my issue with people taking an apathetic stance on these things.
"I'm a leaf on the wind. Watch how I soar."
-Hoban Washburn
Logs won't really prove that you downloaded one specific file, at least not for networks like eMule. You can make a search for, say, hicksville.mp3, which you know Simon Posford released to the public, but you can't find his website anymore. You get a hit on this search from a peer, and a hash of the file content is returned to you. You then ask the network who else has the file with this hash, and get perhaps 20 replies. You then start downloading it.
As it happens, the file is named "Metallica_Enter_Sandman.mp3" on most of the clients, and the "hicksville.mp3" was renamed such by another user who wanted to hide it. You still have no idea that it's a Metallica song you download, as you searched for hicksville.mp3.
The logs of those you download from, and who might be RIAA agents, might well show that you're downloading a Metallica song, but in this case there was no intent to do so. During the download process, others can also download parts of the file from you -- before you've had a chance to check it out. Logs from the outside will show that when someone searches for "Sandman.mp3", yours is one of the hosts that share it out. So you're also sharing it out -- thing is that you might not know, and it might not be your intent!
Summing up: There's no guarantee that the file name on the sending side is the same file name as on the receiving side, or that the file-sharing user even knows that there's a discrepancy. The file name on the remote side must be dismissed as evidence.
Regards,
--
*Art
Uh, not quite. It may be the way you interpret copyright and fair use law, and it certainly is the way the RIAA interprets it, but it is not as cut-and-dried as you may think. Other legal viewpoints say that fair use is still being invoked in many P2P cases, and P2P can be used for obviously non-infringing files. Ultimately things will be decided by conclusive court cases, at which point you may be able to say definitively they broke the law. Right now it's just a point-of-view that is being propagandized to the masses, and to the courts.
And to your point, the propaganda is mostly working.
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I am here to tell you that I recieved a threatening letter from the RIAA, accompanied by a "comply or we'll cut you off" letter from my ISP, Comcast. And I know exactly why
I don't have any illegal shared files in my limewire shared folder. what I do have there is a number of original tracks that I have recorded over the last year, for people to check out. I was innocently poking around on limewire, when i found a small (50k or so) WMA or ASF file ( i just know it was an MS format) titled "must have - hilarious.WMA" so i clicked, and downloaded, when i opened the file, Windows media player fired up my browser, and directed me to a website telling me that the RIAA caught me, and my isp had been notified. it had my IP address and some file names (the ones it chose to display were some tracks from my single "the family guy", which i guess they think should be incriminating evidence.
what i do know is that they even admitted that they copied files from my computer. hear me now, RIAA: Immediately delete my files, get your hands off of my hard drive, and you better believe i will be watching you for derivative works.
This comment is fully compliant with RFC 527.
There is a problem, though, in that people do not realize that the digital format that makes sharing music so easy is exactly what makes it protected material, and that's what makes anyone who downloads it potentially vulnerable to being charged for criminal conduct. It isn't likely to get you or me simply because there is no money in going after individual downloaders. However, there can be loads of money in going after kids running even small warez servers... Where one CD can cost as much as $600 (and more, depending on the product), allowing multiple downloads of multiple files could quickly result in hundreds of thousands of dollars of illegal copies.
Of couse, if one CD didn't cost $600 in the first place, it wouldn't be such a problem. College professors assume that everyone on the planet uses Microsoft Office, but they fail to consider how many of us use a pirated copy. Even better, how many of us use pirated software specifically because we must have it for school or work and can not afford to buy it? The problem, in this case, is that some schools literally will not tolerate other software, and some inane professors actually require students to use particular software.
Software piracy is a problem... Piracy is a result of expensive alternatives, and the alternatives' prices increase because of piracy. What do we do? Well, we can only move in one of two directions:
As technology becomes more advanced, I can hardly imagine restricting information any more without morphing the United States into a sort of prison-state where no move can be made without Big Brother's watchful eye carefully monitoring your every move. Is that what we want? Or would we rather have the freedom to trust each other?
I choose choice.
If Windows is so crappy, why do people keep using it? Same reason they listen to the crap music. It's there, it's what's pushed on them, it's what they see on MTV. It's *everything* they know. Most of us capable of finding alternatives prefer those, wether it's indie bands or Linux or whatever. The mainstream is content with what they have because it's good enough for them. Of course, "Fear is the mind killer." When I first got into Linux, I was afraid. I had no idea what I was doing or what needed to be done. I didn't know which programs were good and which were to be avoided. The same thing happens with indie groups. People don't hear them in commercials or on music videos, and while it's not exactly the same thing, many are afriad to try new things. That, I believe, is the reason why so much RIAA music is being shared.
Apologies if I rambled.
"The government of the United States is not, in any sense, founded on the Christian religion."