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EMI and Sony Lose Lawsuit Over Crippled Music Disks
neves writes "A brazilian consumer has sued EMI and Sony, and won! The reason was a copy protection technology in the best seller album "Tribalistas" that didn't play in his car. You can read about it in Folha de São Paulo (babelfish translation here), brazilian biggest newspaper. They must be very afraid, since EMI vice-president defended the company himself in a lawsuit involving less than US$ 350,00. A more detailed report is in my music site Agenda do Samba & Choro (babelfish here), where we release some of the lawsuit files to make it easier for others to sue them. Since last year, we are calling for a boycott (babelfish) of copy protected albums. The companies appealed, and said that they will take the case to the Supreme Court, because it is a 'question of principles'. The consumer is sueing them again, because all new EMI albums in Brazil are being released with copy protection and won't work in his car."
If you find that this process is little thing, the recorders you do not agree.
I'd like to read the articles, but...
--RJ
Yeah, but if selling these defective CDs becomes illegal in Brazil, USians could always import all their music from there if they want to be guaranteed error-free CDs.
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
..President George Bush has recently announced that the CIA and FBI have received "reliable information" from Microsoft and the RIAA indicating that Saddam Hussein has relocated to Brazil, hotbed of godless Communism and Linux supporters, where he is currently setting up WMD factories with funding from Osama Bin Laden, who is expected to be arriving there shortly to personally oversee the distribution.
The President has announced that he is specifically not taking the nuclear option off the table, though he declined to comment further on what exactly he meant by this.
That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze
EMI has just lost a trial about copy-protected CD's in France too (and the consumer association behind it is now suing Sony and BMG).
you can read the complete article at : http://linuxfr.org/2003/06/26/13036.html/ (in french)
I hope it does go to the supreme court so we can get rid of these CDs that infringe on my rights.
Copy protection is like the war on drugs. It doesn't work. It's been tried for at least 20 years and the problem has only gotten worse. Remeber code wheels? And then the classic "page 36, paragraph 3, line 7, word 2". It only serves to make life more difficult for the legitimate user.
The real solution to stop piracy is to drop the prices on software, music, and movies to a reasonable amount. A friend of mine was offered a free copy of Windows XP and turned it down because he got such a large student discount (I think $20) that it didn't matter to him. Before anyone points out loss of profit from discounted prices, if more people acutally BUY these things at a discount instead of grabbing them off Kazza, these companies would make the same money that they do today.
----
Squirrel
The companies appealed, and said that they will take the case to the Supreme Court, because it is a 'question of principles'.
It is difficult for me to read this sentence and not be a little angry at its blatant hypocrisy. "Principles" indeed:
The vice-president of EMI, Bannitz Luiz, affirms that she is inevitable will happen problems in situations of implantation of new technologies. "the consumer complains, we changes the product. But it is lamentable that certain people use this as extortion form "
Right, because not being able to listen to a CD in my car is an "inevitable problem." And suing them because I can't do this is "extortion." Exactly what principles do these companies subscribe to? (Don't answer.)
The only principle involved here is an affirmation of one's rights as a consumer.
The coolest voice ever.
I haven't read the story, but this bloke is on the right track. When we buy music CD's, we are in fact purchasing a license to listen to the audio content, along with a fee for the media the licensed content is supplied on. What we end up owning is the media, and a perpetual license to listen to the content. If the media becomes damaged, our license to listen to the content is still valid. Therefore, we should be able to duplicate the content ro protect our investment in the license fee we have paid to listen to it. In summary, we are paying to listen to the music, not the media it is supplied on. By not allowing us to protect our investment, we are in fact being ripped-off. I for one, wish that more people would realise this. If they did, then perhaps more people would start to take a stance to protect their rights, when they realise that we are in fact being ripped off. The real pirates are the companies who are forcing us to purchase multiple licenses to listen to music, for which we have already paid. We need to make the courts, and policitians aware of this double-dipping that is being snuck in under the guise of "protection from pirates" In my view "Media Pirates", are people who duplicate and sell for profit, not individuals who are simply trying to listen to something they have paid a license for.
Brazil uses the "," instead of "." to denote the decimal place, in fact a lot of countries do. Therefore, this would be $350.00 (three hundred fifty dollars and zero cents) american.
"I have a porkchop, you have a porkchop. I have a veal, you have a veal".
Consumers are copying music ... No es nada
Music company puts in anti-piracy system ... Who cares
You can't play music in you car while trying to seduce the seniorita ... LAWSUIT! Revolución!
-- the only thing we have to fear is really scary things
I said it before, and I'll say it again - there's nothing wrong with copy-protected CDs - as long as they're clearly labeled as such. Label them and let the consumers decide, I say. Cases like this should really fall under false-advertising precedents.
c-hack.com |
Babelfish translation too much in story is.
Reading article i not can.
Like Yoda speaking am.
Help.
Slashdot Sig. version 0.1alpha. Use at your own risk.
No.
Sec 103 of the DMCA amends Title 17 of the U.S. Code to prohibit circumvention of a technological measure that effective controls access to a work.
It then goes on to define the relevant terms thusly:
"(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
(B) a technological measure 'effectively controls access to a work' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work."
A copy-protected 'CD' is a contradiction in terms.
[100% ISO 646 Compliant]
SVM, ERGO MONSTRO.
I went along to a show last week, where the artist was performing songs off his latest, copy-protected CD. After the show, there was a stall selling his CDs at the back, so went back to check it out.
Sure enough, out he came to sign copies of his CD for those who were going to buy a copy. I worked my way to the front with a copy of his CD in hand, and handed it over. I pointed out the copy protection notice, then said "although I really liked your show and your new stuff, I'm not going to buy a copy of your CD since I can't play it on my PC or in my car".
He looked a bit shocked, and asked what I was talking about. I said that the copy protection would prevent me from playing the CD on my PC or in my car, and that since that was where I listen to music 99% of the time, his CD wouldn't be much use to me. I handed him one of my business cards and told him to call me if he wanted to talk about it further - there was a bunch of people behind me waiting for their CDs to be signed...
I got the impression that he either didn't know his CD was released copy protected, that he wasn't sure what copy protection actually meant for a CD, or that he was surprised that someone like me (a 40 year old, normal looking guy, not an obviously raving half-wit) would confront him with something like this after his show.
I also got the impression that he was going to look into it further - he's a 40ish guy also, with a fairly niche appeal and presumably wife/kids/mortgage etc. like the rest of us. He probably didn't like hearing a fan tell him people couldn't play his music in the car or at their PC.
I'll check out his CD in the stores again in another month or so to see if it's had the copy protection removed.
I live in Brazil. The CDs DO have small print on the back saying that they may not work on some personal computers, Macs included. But nothing about cars, DVD players, Discmans and other stuff. However...
Put the CD on a Mac (I'm running OS X) and 2 partitions are mounted: The first one with the 'player' used to play the disc on Wintel PCs, and the second one with the audio tracks. Drag them to the desktop and... voilá! Instant rip!
It seems to be the developing countries that "get it" and make legislative and legal decisions which are in the interests of the public at large, as opposed to multinational cartels. What we really need is for many such countries to pull together and speak with one voice when it comes to international trade. Our system will only be fixed when you get a lot of people really pissed off. If the RIAA runs around suing college kids for astronomical sums of money, and enough people get stuck with CDs that won't play, then it will raise the visibility level enough to get this on the front burner.
I am strongly in favour of globalization, but it must be done with the interests of the public, instead of large vested interests. That means doing away with crap such as region coded DVDs and damaging tariffs. I should be able to travel whatever products I choose from anywhere I want, excepting only really offensive stuff like narcotics and weaponry.
My rights don't need management.
Let's see, Sony is from Japan, Vivendi Universal from France, BMG from Germany. What's that about the US? This anti-American BS is completely pointless, not insightful. The US has no monopoly on greedy capitalism.
Use the spatula, Luke
Unless a guarantee was made that these CDs would work in his car CD player (which there may have been, I don't know), this guy really has no room to complain. Companies don't have an obligation to make products that suit you
perfectly, you know
I disagree.
Consumers buying a disk that looks like a CD, smells like a CD and might reasonably be expected to perform like a CD, have the right to also expect that that disk will play in any machine that carries the official Compact Disc logo -- that's what standards are all about.
The fact that the music industry has deviated from the standard, yet hardly go out of their way to explain that customers are no longer buying a Compact Disc, is deceptive business practice -- something most countries' consumer laws consider to be an illegal act.
If it's good enough for a pack of cigarettes to carry a large, obvious warning, why can't music disks be tagged in the same way by law. The current fine print that says "Enhanced Audio Disk" or whatever just doesn't cut it.
If you get past posturing being above politics, you'll quickly realize that both parties do indeed have very serious flaws and limitations.
But they are very different flaws.
If you think Democrats are prone to immunize large corporations from truthful labeling in the marketplace then you haven't been paying attention.
There used to be a wing of the Republican party that really believed in the strength of the market system. They've been gone since Reagan. So it's true that neither party has sufficient faith in a true free market, but the ways that they interfere with the market are very different.