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Freenet Creator Debates RIAA

smd4985 writes "Over at CNET News.com, there's a good coverage of a debate between Ian Clarke of Freenet and Matt Oppenheim of the RIAA." In discussing whether it's "legal and moral to create and use Freenet", which is "a radically decentralized network of file-sharing nodes tied together with strong encryption", the RIAA's Oppenheim suggests: "Other than the fact that most infringers do not like to use Freenet because it is too clunky for them to get their quick hit of free music, it is no more of a threat than any of the popular P2P services."

77 of 806 comments (clear)

  1. The RIAA is in over its head by Zork+the+Almighty · · Score: 4, Insightful

    I think the RIAA is in over its head, again. "At the end of the day, we believe we can find infringers regardless of what network they use to try to cloak their illegal activity." HA HA HA HA HA.

    --

    In Soviet America the banks rob you!
    1. Re:The RIAA is in over its head by Leffe · · Score: 3, Interesting

      Are there any networks where illegal activity is not exercised?

      I can not think of any right now. Is that a sign that the laws are wrong or that we are wrong? I would say that the laws are wrong, I actually enjoy pirating, it is great when you do not have anything to do. Just start a 800 Mb download and the afternoon is saved. Praise piracy!

    2. Re:The RIAA is in over its head by usotsuki · · Score: 3, Informative

      My best friend is black and has no problem with me saying "fo' shizzo ma' nizzo". "Nizzo" removes the implication of "n*****", that's what two different black people have told me. Besides, "nizzo" is short for a special Ebonics derivation of the N word which has a totally different implication, one of solidarity more than bigotry.

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    3. Re:The RIAA is in over its head by cshark · · Score: 4, Funny

      The thing I thought was funny was that the RIAA didn't dispute the statement that their business model is obsolete, and that they will be replaced like the horse and buggy. Funny that.

      I wonder if that would hold up in court.

      --

      This signature has Super Cow Powers

    4. Re:The RIAA is in over its head by ajs · · Score: 4, Insightful

      I see your point, but I think he's right. I think it's obvious that watermarks are going to be a big part of the music distribution system soon (if they aren't already). Sure, Felton has proved that you can remove a watermark that you know about, but the RIAA's memebers aren't going to tell you about it, and they'll place a few kinds of watermarks on each song if they're smart.

      Once you rip and distribute, you create a trail, and all the RIAA needs is a few high-profile cases that take Freenet users and run them through the wash for distributing songs.

      However, the RIAA is doomed, and there's a simple reason. When we get to the juncture that it's reasonable for my DVD player, CD player, etc to be played REMOTELY by another rendering device (amplifier, TV, etc) then the RIAA is going to have to very carefully define their terms. I don't think they're going to be able to stop Joe Teen from sharing a new CD with everyone in his school. I also don't think that their business model will survive a 2-10x shrinkage when that becomes reasonable for your average non-technical teen.

      Can you imagine "hey, Joe can I borrow the new XDestroyWindow CD?" "Oh, sure Jim it's in my streaming collection, log in any time."

      Yeah, that's gonna hurt....

    5. Re:The RIAA is in over its head by pe1rxq · · Score: 4, Funny

      My impression was that the RIAA guy didn't try to dispute anything at all....

      It was more like 'File trading BAD! You can run but you can't hide. P2P==EVIL' followed by 'Yadda yadda yadda can't hear you....'

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    6. Re:The RIAA is in over its head by computechnica · · Score: 5, Funny

      Lots of laws are viewed this way.

      Do you ever speed? BAM! you just broke the law.

      Ever do your girl-friend in the poop-shoot? BAM! you just broke the law.

      Did you ever drink alcohol before age 21? BAM! you just broke the law.

    7. Re:The RIAA is in over its head by Anonym1ty · · Score: 3, Funny

      Wow that's the best impression of Lars I've heard in a long time.

    8. Re:The RIAA is in over its head by Rogerborg · · Score: 4, Funny

      Dude, everyone has done your girlfriend in the poop chute. We're all going to jail together, where, ironically enough, we'll be done up the poop chute by actual criminals.

      --
      If you were blocking sigs, you wouldn't have to read this.
    9. Re:The RIAA is in over its head by Cyclometh · · Score: 3, Insightful

      Not relevant; the RIAA isn't the arbiter of what makes sense or not. It's not appropriate to voice an opinion - that P2P is primarily for illegal activities - and use that as a justification for outlawing it. As an analogy, handguns (as in pistols) are primarily designed for one purpose- killing people. They're not very useful for other applications (most of the time), although some people like to hunt with them, and so on. Target shooting is also something people do with them. However, the primary purpose of a handgun is to provide a convenient means of killing or maiming another human being. On the basis of that argument, should handguns be illegal? I don't think so personally, but the analogy is valid.

    10. Re:The RIAA is in over its head by TotallyUseless · · Score: 3, Insightful

      If you are going to metallica concerts, festival or not, you deserve a lot more than a frisking, unless they frisked you from the inside out. Mod me down all you want, but as long as we keep pumping them our green, the assholes will control the game. Vote with your dollars, not your comments on slashdot.

      --

      Time for some tasty Shiner Bock!
  2. Plain and simple... by Anonymous Coward · · Score: 4, Insightful

    freenets don't trade music, people do.

  3. Propaganda over rationality. by ivan256 · · Score: 5, Interesting

    Some interesting comments in here...

    It seems that Mr. Oppenheim likes to contradict himself. Observe:

    He says: "By the way, the term "file swapping" is inaccurate. Nobody is swapping, people are making copies.", but later in the same paragraph says "Just as we would never agree that it is right to steal someone's clothes or furniture, it is not right to steal music." I think his second assumption is safe to make, but if he worded it in a way that was consistent with his earlier comment, would it still be as universally accepted? Sure people would protest if you stole their furniture, but would anybody see it as wrong if you copied their furniture? He's right about people breaking the law, but he should at least get his story straight.

    I also thought this was interesting:

    "Why should copyright holders, who as owners of intellectual property, have fewer rights than somebody who owns televisions or clothing and attempts to sell them? Clearly everyone would agree that the television and clothing retailers should be able to investigate and prosecute shoplifters."

    Sure, store owners should be allowed to prosecute shoplifters, but they have to catch them in the act. Nobody should be forced to produce a receipt for their stuff weeks later because the store thinks they're short an item and they have a security camera shot of you looking at it. The question really should be "Why should copyright holders have more rights than somebody who owns clothing or televisions and tries to sell them?"

    It seems that even when the RIAA is right (people really are breaking the law and infringing the rights offered to their members by copyright) their propaganda is more important to them than their real and legally defensible position.

    1. Re:Propaganda over rationality. by The+Only+Druid · · Score: 3, Interesting

      Actually, it happens to many people every year that they're asked to produce receipts to account for their physical property when someone believes they may have acquired it illegally. Its called an "audit" and the IRS does it every year.

      The difference is this: its actually rather difficult to shoplift anything besides books, CDs and other small objects. Those objects - the small stuff - are priced around this "shrinkage" (just ask anyone in retail) though, because of this. You cant shoplift a car, period. So, since stores know they only have to worry about small (size wise, not cost wise) they establish security mechanisms (such as RIDs, cameras, etc.) to try and prevent that shoplifting.

      Now, if you're a copyright holder, how do you do the same thing? If I were a storeowner, I can keep an eye, literally, on all my merchandise. You cant steal from me without being in my store. But with music and other file sharing/whatever you want to call it, you can steal from the copyright holders from anywhere that has internet access. Obviously, this means the only way to prevent theft of this sort is (a) DRM(ooooh, I hear the 'boos' from the /. audience), (b) surveillence of networks (impossible, really), (c) destruction of those networks over which sharing is done (also impossible, really) or something similar. Basically, as much as I dislike DRM in principle, it seems to be the only real way to protect the copyrights.

      There's one possible alternative: make it so cheap to acquire the material legally that functionally no one steals it. The Apple Music store is a step in this direction, but the resistance its facing from Artists (such as Linkin' Park, Alanis Morissette, etc.) and Lables (for reasons ranging from protection of the 'album' as a form of presentation by artists, to simple economic protection of markets) makes this quite difficult to accept as the solution.

      --
      "Stumble before you crawl"
    2. Re:Propaganda over rationality. by ivan256 · · Score: 4, Informative

      This doesn't apply to material that requires a license. If you have the material, and you don't have a license, you have broken the fucking law. In the case of music, if you have the mp3's, and you don't have the CD or tape or whatever media you bought it on, chances are you pirated it.

      Your use of the word "fucking" doesn't make your point any more relevant. Why should the RIAA get to demand proof that you've paid them whenever they desire, but the clothing store not be granted the same right? If they catch you sharing files, obviously you're breaking the law and they should go after you. Other than that the only thing they should be allowed to do is to go crying to their mommies. They should have the same rights as everybody else, and that's it.

    3. Re:Propaganda over rationality. by Mr.+Slippery · · Score: 5, Informative
      This doesn't apply to material that requires a license. If you have the material, and you don't have a license, you have broken the fucking law.

      The bogus concept of software EULAs has confused you.

      Copyright has nothing to do with a "licence" to own or use a copy of a work. Copyright involves a licence to copy a work - a right to copy, thus the name.

      When there's no copying involved, there is no copyright issue. There's no copying and no licence involved when you purchase a CD from your local record store. (Software EULAs are based on the ridiculous notion that loading a program into memory is "copying". I don't think this has ever been upheld.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    4. Re:Propaganda over rationality. by garcia · · Score: 5, Insightful

      It's my choice to buy the CD, convert it to MP3 (or whatever format I chose), and then destroy the original.

      It's not up to me to prove that I bought the CD in the first place, it's up to the RIAA to prove that I didn't.

      Innocent until proven guilty.

      Now, if they catch me downloading music off the 'Net that is ILLEGAL and come into my computer and find other music then I would assume it's my responsibility to prove myself innocent.

      What they want to do is exactly the opposite. They want to come into my computer w/o proof or a warrant (which in most cases would show they had proof I did something wrong) and look at what I have and then ask questions later.

      That's what's wrong with the RIAA.

    5. Re:Propaganda over rationality. by ivan256 · · Score: 4, Interesting

      First of all, do you honestly think that the RIAA is going to go door-to-door, and start demanding that people provide licenses for every piece of music they own? Are you really *that* stupid?

      The BSA is doing it today. Why is it a stretch to think the RIAA will be doing it tomorrow?

      Second of all, if a clothing store wanted to, it could go to your house, and say "show us the receipt for the shirt you're wearing or we'll take you to court," and if you didn't show them the receipt, they could file a lawsuit.

      If they want to force you to produce a reciept they have to convince a judge to force you to produce it. That probably won't happen.

      How are they gaining any rights? Anyone can take anyone to court for anything!

      Reading comprehension 101. The quote I was refering to is from an RIAA official who was implying that they needed more rights than they have now to investigate infringement. You have effectively argued my point for me. They have all the rights they need already. Now, stop being a fucking idiot and go annoy somebody else. (Was that up to your rudeness standards?)

  4. The RIAA is right to be worried by Raindance · · Score: 5, Insightful

    If a legal structure such as copyright isn't enforceable, it might as well not be part of our legal system, and indeed will be thrown out.

    I think often people too often focus on law and morality in a vacuum and forget that, to a large degree, *might makes right* in our society. To some degree our legal system attempts to fairly distribute power in society (often with 'fairly' defined by those who already have power), but it operates under fairly tight constraints on what sort of distribution of power is enforceable. Freenet is huge for the long-term prospects of copyright laws; if Freenet survives they will be forced to radically change in the upcoming years.

  5. Check out Ian's journal by Anonymous Coward · · Score: 5, Interesting

    Right here on Slashdot.

  6. Shady dealings by axlrosen · · Score: 5, Insightful

    Clarke: Matt seems to misunderstand Judge Posner's quote. Posner was referring to those involved in the likely "shady dealings"--not the creators of the tools they are using. To use his own analogy, the manufacturers of a mask used in a bank robbery are certainly not responsible for the criminal behavior of the bank robbers. This notion was reaffirmed by Judge (Stephen) Wilson earlier this year in his ruling in the Grokster case as it pertains to P2P networks saying, "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."

    Well that's still not a perfect analogy. For example, if the company added a feature to the ski mask that made it harder to pull off, and advertised this feature for use in bank robberies, they'd probably be held liable for its use in a robbery. Or if they didn't advertise it, but did know that the new feature's overwhelming use would be in bank robberies, then they might also be liable. You could make a similar statement for VCR and copy machine manufacturers.

    I think Freenet's a really cool technical problem, and I'd get involved in it, except for these kinds of problems. Even with all its positive uses, the idea of working on what turns out to be an ideal tool for distributing kiddie-porn just gives me the willies. I personally don't feel comfortable in this gray area of providing complete anonymity. A system that had the same benefits of distributed publishing (to avoid the Slashdot effect) without the encryption, I'd be interested in contributing to.

    1. Re:Shady dealings by guacamolefoo · · Score: 4, Informative

      Well that's still not a perfect analogy. For example, if the company added a feature to the ski mask that made it harder to pull off, and advertised this feature for use in bank robberies, they'd probably be held liable for its use in a robbery. Or if they didn't advertise it, but did know that the new feature's overwhelming use would be in bank robberies, then they might also be liable.

      I doubt it. An anlagous case involving the Tec-9 gun (hard to get fingerprints from and some other features which were allegedly used to promote sales to questionable people) was tossed:

      CBS News - Gun Lawsuit Misses Target

      GF.

    2. Re:Shady dealings by guacamolefoo · · Score: 3, Insightful

      To me, a tool is a tool, and I'll use if it's appropriate, regardless of how someone else might use it. People are good and bad, tools are not.

      I have no beef with your assertion, but the courts do. Certain "tools" or property do create a presumption of criminal activity. An easy one is cocaine -- possession of it (under almost any circumstances) is itself a crime, whether your goal is nefarious (pleasure use) or "good" (pain relief). Possession of a bomb (which you might simply use to blow out stumps) is another example.

      Thieves tools (and not just in Neverwinter Nights) create a presumption that you are engaged in criminal activity. Possession of certain "smart cards" (such as those used by Directv) also puts you at risk, even though you may have a perfectly legitimate use (which you will have to document in order to avoid prosecution).

      Again, your view is not an illegitimate one, but the fact is that, from a legal standpoint, it is an incorrect and potentially dangerous one. Software is not unlike these other items I mentioned above, and there is no reason that I can see that would prevent legislation from making possession of a software (or hardware) tool illegal. DeCSS, or BackOrifice, or snort could all be made illegal.

      Wise policy? I think not. Is there some rule preventing this from being an actual enforceable law (that possession of these items, without actual use, would be a crime)? No.

      GF.

  7. Say WHAT? by Lane.exe · · Score: 4, Funny
    ...quick hit of free music

    So now people who download illegal MP3s are crack junkies?

    "Man... I'm jonesin' for my latest fix of Metallica... gimme the good stuff!"

    --
    IAALS.
    1. Re:Say WHAT? by Evil+Adrian · · Score: 4, Funny

      Metallica? Good stuff? Not since the 80's.

      --
      evil adrian
  8. Good job they don't consider freenet a threat... by Realistic_Dragon · · Score: 3, Interesting

    ...as I use it to grab a lot of stuff. It would be a real pisser if they recognised what it could do to them and shut it down before it was (technically and mind share wise) ready to go underground.

    --
    Beep beep.
  9. This is actually interesting... by SuperDuG · · Score: 4, Insightful
    The whole point of peer-to-peer is to share files with others. Just like the whole point of a car is to drive it. Let's "roll" with this analogy for a bit:

    There are millions of driving related accidents and homicides that take place every year across the world. Bank robbers, car theives, and demolition derbies cause the cars to be used for reasons other than they were originally intended.

    My question: Where are the lawsuits against GM and other car manufacturers for providing tools of crime? Why aren't we going after the root of all evil, the car manufacturers? Why is it that we still see cars all over the planet?

    Just think about it ...

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:This is actually interesting... by Glamdrlng · · Score: 3, Insightful

      For that matter, isn't carpooling a crime?

      Carpooling results in less wear-and-tear on your vehicle, thus resulting in lost or delayed sales for the automotive industry. Plus, it means you use less gas, thus stealing money from Shell, Exxon, BP, etc.

      It's only when you compare copyright laws to any other type of business ad nauseam that you can see how truly fux0red the system is.
      --

      Yes, my only tool is a hammer. And you're starting to look like a nail.
    2. Re:This is actually interesting... by angle_slam · · Score: 3, Insightful

      Stupid analogy. There are many uses of cars that are legitimate. In fact, the vast majority of uses of cars are legitimate. That is not true with P2P trading. While Kazaa, et al. CAN be used for legitimate purposes, everyone knows that 90+% of material on Kazaa are not legitimate.

  10. How can freenet be immoral? by dobedobedew · · Score: 5, Interesting

    So freenet is an ethical dilemma? Next thing you know, we won't have our right of free speech!

    Oh wait, nevermind....

  11. There is no theft of music involved. by Anonymous Coward · · Score: 3, Insightful

    "Just as we would never agree that it is right to steal someone's clothes or furniture, it is not right to steal music.""

    It was impossible to steal anything with Napster. It is impossible to steal anything with Kazaa and Freenet. You'd think he'd know the definitions of words better.

  12. Really, Mr. Oppenheimer? by Surak · · Score: 4, Informative

    Other than the fact that most infringers do not like to use Freenet because it is too clunky for them to get their quick hit of free music, it is no more of a threat than any of the popular P2P services.

    Really, Mr. Oppenheim? I don't think you understand exactly *how well* Freenet preserves anonymity. It is *impossible* to tell where any given file is coming from over Freenet, due to the fact that data is scattered and encyrpted across the network.

    With Freenet, you *can't* go after filesharers, because you don't know who the filesharers are? What are you going to to do? Take every single freenet node to court?

    You'd most certainly lose that battle, Mr. Oppenheim. Just like the courts ruled that Kazaa could not be taken down because it has legimitate, uses, so to does this apply to Freenet.

    And if you succeed in scaring people off the gnutella and kazaa, this is just where the hard core will turn: Freenet and distributed systems like it.

    Give it up, Mr. Oppenheim. Your days of controlling music distribution are numbered.

    We, the citizens of the Internet, will prevail.

    1. Re:Really, Mr. Oppenheimer? by Celandro · · Score: 3, Interesting

      The main flaw in your arguement is that you believe industry will work together. The desires of bandwidth providers and the entertainment industry are directly opposed to each other. File sharing sells bandwidth. It is the killer application of broadband. Just pay your $40 a month and get all the music (and eventually movies) you could ever want for free! The broadband providers have to rely on word of mouth for this for legal reasons but would love to be able to go with the Apple rip/mix/burn (err pirate/burn?) slogan.

      The recording industry has every sign of being a dying industry trying everything it can to milk out a few more years of profit before collapsing into a state noone would recognize. Suing individuals is a horrid idea that will not help sell their music.

      As far as actually being able to keep bandwidth down, it is a horrible idea that will make the US fall farther behind the Asian markets in economic terms. If you have to kill the entertainment industry in order to allow people the bandwidth to do interesting things on the internet, so be it. The US will eventually have the bandwidth the Koreans enjoy, just hope for all our sakes that it doesnt take too long or we will lose our status as the economic powerhouse of the world.

  13. Speaking of rights. by HanzoSan · · Score: 5, Insightful

    "
    "Why should copyright holders, who as owners of intellectual property, have fewer rights than somebody who owns televisions or clothing and attempts to sell them? Clearly everyone would agree that the television and clothing retailers should be able to investigate and prosecute shoplifters.""


    Why should the owner of a TV have more rights than the owner of a CD?

    Copyright owners shouldnt own the information, they should own the right to profit from it.

    Just like the TV maker doesnt own the TV once they sell it to you, they own the rights to sell that TV and profit from it.

    What I dont like is the fact that as we buy information we dont truely own it, yet when we buy physical objects we own them. This makes no sense to me, I say if we buy music we should be able to do whatever we want with it.

    --
    If you use Linux, please help development of Autopac
    1. Re:Speaking of rights. by angle_slam · · Score: 5, Informative

      No. You buy a disc that contains music. There is no license except those that come from the copyright laws.

    2. Re:Speaking of rights. by bahamat · · Score: 5, Interesting

      Several years ago I bought a lot of CD's. Cranberries, Aerosmith, Queen, Alanis Morrisette, etc. Over the years the disks have gotten scratched/broken/otherwise unusable.

      Since it's the RIAA's alegation that I'm not buying music, I'm only buying a disk and acompaning license to play the music on the disk, I have paid legitimately for a licence to that music, so when the disk became unusable I retrieved my validly licensed content from the only available source, Napster.

      Blank CD's cost a quarter. If the RIAA had supplied me with an avenue to obtain a replacement copy of my damaged media I would have had no need for a file sharing service. Without them I would have had to pay for a second license (in which case one would assume that since I own two licences I could make enough copies to match the number of licenses I've obtained).

      Even Microsoft has a replacement media program. If your disks are damaged in some way and unusable you can send them to Redmond and they'll ship you another copy.

    3. Re:Speaking of rights. by angle_slam · · Score: 5, Informative
      Even Microsoft has a replacement media program. If your disks are damaged in some way and unusable you can send them to Redmond and they'll ship you another copy.

      But that's because you are buying a license when you buy software. You can read the terms of the license and decide whether or not you agree with the license. With CDs, there is no license. You buy a CD and you receive the contents of the CD. You have fair use rights to create personal copies, but are otherwise limited in your ability to distribute, perform publicly, create derivative works, and copy. The limitations are in the copyright statutes.

    4. Re:Speaking of rights. by Gleef · · Score: 4, Insightful

      Kenja asserts:

      But you DONT buy music. You buy a license to use it.

      The most recent music CD I purchased came with no license, nor did I need one. At least in the United States, first sale doctorine says that when I purchase a copyrighted product (eg. a book, or a CD), I own the physical product, and have a right to enjoy the use of it, and resell it as I see fit. The copyright holder has no right to limit my quiet enjoyment of my purchase.

      Copyright Law restricts my right to make and distribute copies of the work, and derivative works. If I wish to do something with my CD that would be in violation of Copyright Law, then and only then I would need to obtain a license from the copyright holder.

      There is no legal basis for an implied license with a CD/Book/DVD, nor is there any need for one.

      Computer software is different, because you almost always have to copy software at least once to make use of it (from the media to the computer). It's also different, because software (both shrinkwrap and Free) is traditionally shipped with a license in some form you can see and read. So, basically, if you see a license, you (may or arguably may not, that's a different issue though) have a license; if you don't see one, you definately don't have one.

      Disclaimer: I am not a lawyer. The above is not legal advice. Eat your greens.

      --

      ----
      Open mind, insert foot.
    5. Re:Speaking of rights. by SeanAhern · · Score: 3, Interesting
      Technically, you have a blanket license to make home copies of music. And you're paying the artists when you do so. Check out this pdf, entitled: The Audio Home Recording Act of 1992: A Digital Dead Duck, or Finally Coming Home to Roost?

      While I have not read the document in its entirety, I would like to draw your attention to a particular portion:
      In order to establish some way to compensate copyright owners for digital home copying of their recordings and musical compositions, Congress created a compulsory licensing scheme. It is compulsory because the copyright owners must permit some digital (and unlimited analog) home copying of their works. It is a license because permission to make the copies is given through the manufacturers of the blank media and recording devices. Since it would be impractical to attempt to directly license millions of individuals, the license is a blanket license that lets all individuals make copies of all musical recordings (and the recorded musical compositions) within the limits of the Act. The Supreme Court recognized the market efficiencies of blanket licenses in the music industry in Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. in that case the court referred to the blanket licenses for public performance rights. The Court noted that the blanket license developed out of the practical situation in the marketplace: thousands of users, thousands of copyright owners, and millions of compositions. Most users want unplanned, rapid, and indemnified access to any and all of the repertory of the compositions and the owners want a reliable method of collecting for the use of their copyrights. Since the fees collected from the manufacturers and importers are disbursed to the rights owners and authors, those fees for the license are royalties, i.e., payments to the owners of rights for permission to use those rights, and not taxes, i.e., monetary charges imposed by the government to yield public revenue. Those opposed to the system often incorrectly referred to the payments as taxes, perhaps in an effort to frame them in a negative light.
      I have yet to find an analysis of what works are covered under this Act. However, it would appear that all works whose creators are compensated by this fund are eligible for home copying. It truly is a royalty that you pay when you buy "Audio" CD-Rs.
    6. Re:Speaking of rights. by HanzoSan · · Score: 4, Insightful



      No ones talking about selling MP3s. See thats what you dont understand, the RIAA's business model is dead, the RIAA is not needed anymore. PERIOD.

      Kazaa, Grokster, Napster and all these other services can PROFIT, thats right PROFIT off of us sharing mp3s.

      Musicians can get a share of the PROFIT, and get paid for their work.

      Whos missing here? Happy consumers, happy musicians, wait, no RIAA influence!

      Thats the key.

      --
      If you use Linux, please help development of Autopac
  14. Did the RIAA guy just admit P2P wasn't a problem? by KU_Fletch · · Score: 5, Interesting

    "it (Freenet) is no more of a threat than any of the popular P2P services."

    The tone of that statement seems to imply that P2P is not a threat to the RIAA... which seems contrary to their entire defense.

    I have to say, the Freenet guy came across very well in that debate since he was able to flow between humor and fact. The RIAA really needs to hire some PR people that don't seem so angry all the time. As long as they keep up this approach to PR, the more the public is going to go against them.

    --
    It's not stupid. It's advanced.
  15. Re:Good job they don't consider freenet a threat.. by IthnkImParanoid · · Score: 3, Insightful

    They do recognize it as a threat, but they can't say "Freenet is the most dangerous P2P app out there, because it protects the user's anonymity! If everyone used it, we'd be in even bigger trouble!" because then everybody would start using it, and they really would be in bigger trouble. The RIAA shill describe Freenet as "clunky" to the average user more than once in that interview. He's simply trying to keep any average Joe's reading that article from making the switch from KaZaa.

    --
    It's nothing but crumpled porno and Ayn Rand.
  16. Bye Bye Dinosaurs! by smd4985 · · Score: 5, Interesting

    I think Clarke really hits the nail on the head when he says:

    "Just as the motor car replaced the horse and cart, so will the Internet replace most of the roles performed by today's recording industry."

    The whole RIAA rant is useless because the RIAA is on its way to obsolesence. They can hip and holler all they want, but in 15 years they won't even exist. Even the legal system and/or Congress won't be able to protect them for long - we live in a capitalist society, and in the end efficiency rules.

    --
    smd4985
  17. Re:Thats what I dont ageee with. by Istealmymusic · · Score: 4, Funny
    Making a copy of something copyrighted or protected intellectually and giving it away for free is ILLEGAL.
    Yeah, but its fun!
    --
    "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
  18. Reverse that. by HanzoSan · · Score: 3, Interesting



    Do car companies sue you when you share your car with other people by giving people a lift? Do car companies require each person you give a ride to, to pay a license fee?

    I hate the fact that if we are going to treat information as physical property, that unlike real physical property, in which the person who buys it truely owns it, when it comes to information theres a double standard, the person who buys it actually is paying to listen to it, and its in a very strict fashion

    In my opinion no company has a right to tell you how to use something you paid for.

    --
    If you use Linux, please help development of Autopac
  19. Funniest Quote: by ih8apple · · Score: 5, Insightful

    Funniest Quote:

    RIAA's Oppenheim: "How does this have anything to do with corporations? This has to do with artists and creators"

    Yeah, Right... Last time I checked, the RIAA web site stated that it "is the trade group that represents the U.S. recording industry", not the artist community.

    1. Re:Funniest Quote: by CrazyDuke · · Score: 3, Insightful

      It's thier version of the "think of the children!" red herring argument.

      --
      Any sufficiently advanced influence is indistinguishable from control.
  20. Legal and moral... by pubjames · · Score: 3, Insightful

    discussing whether it's "legal [and moral] to create and use Freenet"

    Of course it should be legal to use freenet.

    There must be a distinction made between making acts illegal because they are bad and making things illegal because they can be used to do bad acts.

    Driving very fast is dangerous and can kill. That does not mean we should make cars illegal. That would be ridiculous because cars are useful and can also be used for good/useful acts. It also does not mean that cars should be technically capped so that they can't go fast. The existance of laws against the act of fast/dangerous driving should be enough.

    We get onto more morally interesting ground with this argument with guns. According to my argument, surely guns should not be banned because the existance of laws against shooting people should be enough? My argument to that would be simple - guns can't really do anything useful other than kill and main, so in the case of guns it is reasonable to ban the technology. Does that mean that it is reasonable to ban DeCSS, as that can only really usefully be used for illegal purposes?

    Damn, now I've confused myself. I'm just going to lie down for a few minutes...

    1. Re:Legal and moral... by Steve+B · · Score: 3, Insightful
      guns can't really do anything useful other than kill and main

      I'd say that it's pretty damn useful to "kill and maim" someone who intends to kill or maim you, and will certainly succeed in doing so if it's a simple contest of muscles.

      --
      /. If the government wants us to respect the law, it should set a better example.
  21. Preaching to the choir by SamNmaX · · Score: 3, Insightful

    I know this point comes up countless times, but just because something can send files doesn't make it illegal. If anything, Freenet is less of a threat than both FTP and HTTP for sending around MP3s/videos, as it was not particularly designed to send large files. FTP and HTTP aren't illegal, so why should Freenet be? There is no reason any file sharing system should be illegal unless it's intent is for piracy (which is why Napster got in trouble, due to the emails floating around about that fact. Why aimster got in trouble, I still don't understand and I hope they win on appeal).

    Oppenheim seems to suggest that Freenet is just as much a threat as any file sharing tool, no matter the fact that it's "clunky". I've always thought that the best the RIAA can hope for is to make this kind of music piracy clunky, as there will always be some sort of file sending service and copy protection can always be broken (audio-in to audion out). The RIAA and the music industry need to come up with realistic view of the world, before they lose all their sales to services like Kazaa.

  22. My One Remaing P2P Question: by Ieshan · · Score: 3, Insightful

    Suppose I have a friend over for dinner and I'm listening to a burned copy of a CD I legally own. It's playing over the stereo in the kitchen.

    I get up and leave the room, needing to go check on the burgers on the grill. My friend is the only one listening to the music.

    Is this copyright infringement, because my friend is listening to a copied CD that I'm willingly playing for him? I've made an authorized copy and I'm playing it for a friend - that's all I've done so far.

    Suppose we take it a step farther. My friend really likes the band, and he swipes the CD while I'm not looking. I don't notice because I was too busy fiddling with the burgers, and he switches on the radio in it's place. Am I guilty of copyright infringement because my friend's taken my CD, or is he guilty of theft from me, for which I'm certainly not going to prosecute if I ever find out, or is my friend guilty of copyright infringement, taking a legal copy of a CD from me?

    I'm lost on where the copyright infringement happens in this situation. If it happens while my friend is listening to my music, virtually every CD owner everywhere is guilty of copyright. If I'm guilty when my friend takes my CD, *I* become guilty of copyright infringement for the sins of my friend; and if my friend is guilty when he takes my CD, then he's going to be the most heavily prosecuted thief in the world: when's the last time a shoplifted was prosecuted for illegal possession of a copyrighted work?

    If there's NO copyright infringement at all in this situation, then what happens if I set up my computer to transfer files, I've got legal copies on my computer, and someone else takes them without me having given explicit permission?

  23. stealing bibles? by lordcorusa · · Score: 5, Insightful

    The RIAA representative feels very strongly that people should not steal anything, be it songs, movies, chairs, etc...

    However, at one point in the debate, he mentions that some people distribute the Bible on Freenet and dismisses that saying, "we can all get that from the motel we most recently visited..."

    Someone correct me if I am wrong, but those Gideons Bibles found in motels are supposed to stay in the motels, right? I always thought that you were not supposed to take them. Now I know that many people do take them, but isn't that considered stealing? So didn't the RIAA representative just suggest that we should all steal Bibles from our local motels rather than get them online from Freenet?

    --
    The preceding comments reflect the author's personal opinion and are public domain, unless explicitly stated otherwise.
    1. Re:stealing bibles? by be-fan · · Score: 3, Interesting

      Interestingly, if the Bible was subject to the same draconian, everlasting copyright laws we have in the US, nobody would remember Christianity today!

      --
      A deep unwavering belief is a sure sign you're missing something...
    2. Re:stealing bibles? by Arslan+ibn+Da'ud · · Score: 3, Insightful
      So didn't the RIAA representative just suggest that we should all steal Bibles from our local motels rather than get them online from Freenet?
      Hm, that's a really good analogy.

      I'm sure if you stole a bible from a motel (personally I'd sooner lift a _book of Mormon_ from a Marriot myself :), the motel *could* choose to perse^H^H^Hprosecute you.

      Or maybe they would decide that their church is the better for it, and they will fervently pray that you study it. And come to a service and drop $ in the plate :)

      So maybe stealing bibles is like stealing sales brochures...it does more good than harm. And maybe....just *maybe*....copying music is the same?

      Hmm........naaaaw, couldn't be.

      --

      Practice Kind Randomness and Beautiful Acts of Nonsense.

  24. The Missed Point by Dark+Paladin · · Score: 5, Insightful

    From what I've seen, Freenet is not about "trading files". Oh, that's a part of it, to be sure, and perhaps what it's built around.

    But Freenet is about freedom of information. How many times did Clarke have to repeat that? It's a way for a person in China to be able to say to someone else "Maybe it's just me, but our government is less a socialistic ideal and more a dictatorship." It's a way for a teenager to say "I think I'm pregnant, but where I live I'll be stigmatized if I have an abortion, or even look for one - what information is there for me?" It's even a way for a programmer to say "You know, I've got this idea for a cryptography system, but some people in certain businesses might sue me if I even talk about it (whether it's legal or not) - so here's a way to present the information without getting myself in trouble."

    That is what Freenet is about - not trading music, or movies, or the like. Yes, it can be used like that - the same way a car can be used to run someone over. Last time I checked, though, most people are just using their cars to get stuff Point A to Point B.

    I think the gentleman from the RIAA either didn't get the point - or didn't care (and I believe the latter). In his mind, privacy is not important - though I'd agree with Mr. Clarke. Anonymous exchange of information is important in a democracy. It allows people to speak without fear of reprisal. Without it, people would be terrified to vote for fear their enemies would hunt them down and chop off their limbs. (I had a roommate who was so irritated that Clinton the first time, he wanted to go down the street and beat up people he discovered had voted for him. I was grateful for "secret ballots" at this time.

    Eh - but that's just my take. I could be wrong.

  25. Literally? by Raul654 · · Score: 3, Funny

    If I were a storeowner, I can keep an eye, literally, on all my merchandise

    You must have some really messed up eyesight. How do you deal with all those eyes lying around?

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  26. Debate the right word? by Mr.+Fred+Smoothie · · Score: 4, Insightful
    It was interesting to see how completely both parties talked past each other here, and how their biases almost completely blinded them to the other's arguments.

    Clarke clearly does not care about illegal use of his system due to an obvious religious zeal for free and anonymous speech (which, as an American it's hard to disagree with).

    Oppenheim, on the other hand, completelely (and obviously willfully) ignores the idea that the debate is about anything other than the protection of IP rights; Corporate control of government and free speech aren't even issues worth discussing to the RIAA (gee, wonder why?).

    Still, though I'd hardly call this a debate, it's nice that someone beside the directly involved parties still cares enough about these issues to present both sides.

    --

  27. Open Q on speach rights in relation to artical by saitoh · · Score: 4, Insightful

    Matt made a nice analogy early on (well, I thought it was nice even if I dont like the outcome) of how bank robbers cant scream about privacy when their masks came off as they understood (in theory) what they were getting into, and the same goes for p2p nodes who are sharing illegal material and have been notified via the TOA from their ISP that they will be ratted out if there is a request. I dont agree with it, but its an interesting analogy.

    Now my question is, how can trading mp3s of R.Kelly and Britany Spears be considered free speach (which was the argument that Clarke used in the second question for freenet's existance)? Step aside from the mentality of "I want to get free music" and "the RIAA is full of $hit and we need to undermind them as much as possible" and consider how is this justified as free speach? If they are going to win, it has potential to be with that.

    Last but not least, if freenet has a basis to stand on free speach being protectable over mp3 copyright infrengement (not theft Matt... the US Courts dont see it as theft), then the argument *could* turn towards Phil Zimmerman and how PGP came under fire in the mid 90s which I believe was for similar reasons.

    --
    We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
  28. Re:And thats whats wrong. by Ravensfire · · Score: 3, Interesting

    So what gives you the right to take that music, and create a copy of it, and give, or sell, that copy to someone else? C'mon - that BS and you (ought) to know it.

    Now if they try to tell me that I can't create a copy of a CD for personal use - whole different story.

    --
    "But we decide which is right, and which is an illusion"
  29. Stealing by mao+che+minh · · Score: 3, Insightful
    Again with the inane bickering over the words "stealing" and "theft". The word "theft" is more identifiable, more accurate in many people's minds*, and sounds worse.

    Not everyone likes to break out a dictionary and reveal every technical aspect of a word. When generalizing, it is easier to say "you are stealing music" then "you are infringing upon this record label's copyrights by downloading copied music". When most people think of stealing, they think of people taking stuff that isn't theirs. They don't worry about the technical aspects of actually depriving someone else of physical property. I.E. they aren't nerdy like you, and hence will not take the time to break out a dictionary to see if the use of the word "stealing" is absolutely the most correct word to be used when explaining music theft.

    When music theieves try to attack the technicality of the RIAA's rhetoric, such as trying to say that the word "stealing" isn't correct, they end up looking like a kid that got caught with his hand in the cookie jar and is trying to manipulate words and circumstance to somehow make himself look either innocent or "less guilty". This behavior reveals to judges and intelligent people just what kind of a person they are dealing with.

    You shouldn't steal music. It's illegal. It deprives the RIAA their rightful profits. It doesn't matter if "the RIAA sucks dude, and they made a lot of money of the artists, so what's a few MP3's to them!?!". I don't endorse Microsoft's tactics, so I don't buy their products. I don't pirate their software either, because I'm a law abiding person, and not a petty thief.

    1. Re:Stealing by Gulik · · Score: 5, Insightful

      When music theieves try to attack the technicality of the RIAA's rhetoric, such as trying to say that the word "stealing" isn't correct, they end up looking like a kid that got caught with his hand in the cookie jar and is trying to manipulate words and circumstance to somehow make himself look either innocent or "less guilty". This behavior reveals to judges and intelligent people just what kind of a person they are dealing with.

      The point here, and the reason it keeps getting brought up, is that this isn't some kind of hair-splitting quibble -- the word ``theft'' means something, and that something is all but completely unrelated to copyright infringement. The people who wave their hands and ignore this central and obvious fact are not, I'm sorry to inform you, the intelligent ones.

    2. Re:Stealing by MightyYar · · Score: 3, Insightful
      I think the point is that people don't want to be called thieves when they have done nothing morally wrong. It is one thing to be called a thief when you have actually deprived someone of something. To be called a thief when no such incident has occured is pretty insulting.

      Yes, it is illegal to download copyrighted music. Since when does "law" = "what's right"? Speeding is also against the law. Find me a person that doesn't exceed the speed limit by 5 MPH! Does that make the person morally wrong?

      I think it should be illegal to profit off of someone else's hard work and creativity. However, using that work in a way that brings me no monetary gain should be considered fair use.

      I'm going to go whistle "Zippity Do Dah" now and pay no royalties!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Stealing by jnana · · Score: 4, Insightful
      Just because some people are sometimes sloppy with language, it doesn't mean that we should not try to be precise. Sloppy language leads to sloppy thought, and this is exactly what the RIAA wants.

      The only reason that (illegally) 'copying' music has come to be called 'stealing' music is because of the RIAA's deliberate manipulations of language. Six years ago, everybody would have referred to it as copying, which it is, so it is not too much to ask people to use the correct verb.

      If you want to reflect that it is illegal, call it "illegal copying" (since some copying is legal (for backup), while some copying is illegal).

      It is not only nerds that care about language not being abused and sloppy thought.

  30. What you think we dont know its illegal? by HanzoSan · · Score: 3, Insightful



    So what, sharing is still right.

    When a speaker transmits sound to a group of people at a party, its illegal!

    None of them own the CD and paid for these songs.

    Is it right? Yes its right to share music. Its just illegal.

    You share TV as well, and I dont hear anyone debating if thats right or wrong because the TV companies arent suing everyone left and right. If TV companies installed cameras in your home and fined you every time more than one person was in front of your TV, you'd think it was right because its the law. The law is always right to people like you.

    --
    If you use Linux, please help development of Autopac
  31. And, by mindstrm · · Score: 3, Interesting

    as you will see, buying a CD in the store is NOT a "licensing" purchase, you sign no license agreement. IT's not about a license.. it's about COPYRIGHT LAW.

    Copyright law gives you some freedoms with the work you just purchased. You are not required to keep your proof of purchase around forever, sorry
    we're not talking about corporate software licensing here, we're talking about buying cds and records in the store, which is a standard, normal sale...

    I repeat, there is no license agreement... implied or otherwise. The only reason you cannot make copies of the product you bought and sell them to others is because copyright law says you can't, as you aren't the holder of the copyright.

    Let me repeat that. I don't have to keep my receipts around. I can make a copy of a CD I bought, and throw the original in the garbage. I'm not breaking some law.

  32. I also burn Briney Spears CDs but.... by reality-bytes · · Score: 4, Funny


    ....I do it in a blast furnace

    --
    Ripping an new rectum in the fabric of spacetime.
  33. You have it backwards by TheConfusedOne · · Score: 4, Informative

    The IRS asks you to provide receipts as proof of deductions or claims that you are making to change your tax liability.

    They could care less what you are buying or if you bought it or not, they only care when you are claiming it towards your taxes.

    They can use a visual inspection of your home as an attempt to prove that you may be underdeclaring your income (say you report an income of $25,000/year but have two Ferrari's in your front driveway that are registered in your name) but they can't simply order you to produce a receipt on any old purchase that you may have made.

    DRM does NOT protect copyrights. DRM protects copy restrictions. Why? Well look at CSS as the case of DRM-light. It keeps the normal person from viewing out-of-region material or using non-approved viewers. It doesn't do a thing to stop the technically savvy copier/user.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  34. How late can the Music Industry be? 5 years + ? by djdavetrouble · · Score: 3, Interesting

    I have been saying this for years now, The music industry had its wake up call years ago that people WANT digital delivery of music. They have failed and failed repeatedly to bring such a system. Finally, Apple has taken a step in the right direction. It has been shown that people will sacrifice quality for convenience (witness the unbounded success of lossy algorithms such as mp3 and ogg).

    I may be alone, but i believe that people would spend considerable money to download music. First, the price must be right. 99 cents for a song sounds pretty damn good to me. 50 cents sounds even better.

    As a lifelong music collector with over 50 crates of vinyl albums (no idea how many that is) and at least 100 gigabytes of mp3's, I can say that If such a system was in place, I would gladly pay to purchase digital music. I am not trying to cheat the system when I download music, I am trying to avoid ripping the vinyl that I have purchased. Vinyl must be ripped in real time. I could never rip my whole collection. It is just impossible.

    My parents would pay for downloaded music. My sister would pay for downloaded music. My friends would.....

    RIAA why are you wasting time going after these people. Present the world with a legitimate alternative and draw the line between criminals and law abiding downloaders.

    Piracy hasn't hurt microsoft one bit. There will always be pirates and theives. You are not trying to sell product to them. The lord knows that I would rather pay for a .flac file than download a crap ass mp3.

    Yet here we are, 5 years down the road from napster, and a computer company has taken the initiative that the music industry is frighened to death of.

    This is just further evidence that no matter how great the art form is, the BUSINESS of music SUCKS!

    In the immortal words of Q-Tip
    Industry Rule #5080 : Record company people are shady.

    --
    music lover since 1969
  35. Article Summary by Lord_Dweomer · · Score: 3, Funny
    For those who have lost the ability to actually read an article because they have been on Slashdot too long....here is a brief summary:

    Question 1

    Freenet: Thoughtful, valid answer
    RIAA: It helps people steal music

    Question 2

    Freenet: Thoughtful, valid answer
    RIAA: It helps people steal music, won't someone please think of the poor starving artists.

    Question 3

    Freenet: Thoughtful, valid answer
    RIAA: It helps people steal music, but the term fileswapping is incorrect because they aren't swapping, they're in fact COPYING the music, and of course copying=stealing.

    Question 4

    Freenet: Thoughtful, valid answer amounting to "The RIAA's business model is fuxx0red and they will go away soon enough."
    RIAA: He's STEALING OUR POOR ARTISTS' MUSIC, QUICK, ARREST HIM!!! WHY IS NOBODY LISTENING?!?!?!?!

    Yes, I may have taken the liberty of condensing it down quite a bit......but its still dead on.

    --
    Buy Steampunk Clothing Online!
  36. A pox on both yer houses... by jpellino · · Score: 3, Interesting

    There are holes in both sides' arguments.

    If Freenet thinks its main role is going to be making nice things happen in China, and saving pregnant teens, he's either the most naive technologist who ever stepped into the sun, or he wins the Eddie Haskell award.

    If the RIAA thinks they can find everyone, they're just as naive. They do have the law on their side on the face of it - and I would rather they find a way to pay-and-get in a modern fashion than bullying the world out of bad habits.

    The videotape/VCR analogy loses here because you have to ship tapes around and make them in real time - it is economically obnoxious to do so, so everyone has a vcr, everyone tapes off the air / time shift views and virtually nobody ships tapes around to from their homes to anyone who wants it. The rental system does what we need in that regard.

    So far, Apple's got it about as right as anyone has - we'll see if people actually will support it though - in this way the whole how-do-i-get-digital-music thing is rather like 'the prisoners' dilemma' - cooperate/gain a little and everyone gets someting - default, steal, cheat, or get greedy, and everyon gets screwed.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  37. Re:The RIAA advocates stealing Bibles? by alteran · · Score: 3, Insightful

    "Or do those motel Bibles really say you can take them home if you want?"

    Yes, they DO say you can take them if you want. That's what the Gideons do -- provide free Bibles in the hope that you'll actually read them. The Gideons were way into "information wants to be free" long before Free Software / Open Source.

    --
    Who is RTFM and when will he help me with Unix?
  38. Re:And thats whats wrong. by Misch · · Score: 4, Insightful

    Second, when you share music, its no different than sharing your car, your TV, or anything else you physically own.

    When you share your car or your TV, you no longer have posession of the car or TV. Unlike audio, when you send a file to someone, you still have the original and are not denied the ability to use it.

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  39. Incorrect... by ShaunDon · · Score: 3, Informative

    Actually dude, you are wrong. I happened to be at a church one day to see a presentation by one of their representatives, and the Gideons very much encourage you to take Bibles from hotels if you're so inclined. They consider that spreading the word. Oh wait, it's probably the Word, no? In any event, while it doesn't specifically say that you're free to take them, that is the intent of the Gideons if you are so moved by the Word. ShaunDon

  40. Re:Openheimr = idiot & liar by WebMasterJoe · · Score: 4, Insightful
    Oh yea, there happens to be these guys called Beethoven, Mozart, and Bach. Beethoven -- some 200 pieces. Mozart -- some 600. Bach -- some 1,200 pieces. That's a hell of alot of very popular non-infringing music (all of which is better than the best of the modern crap that you can get now).
    Excellent point. I want to add to that a little, too - RIAA types keep telling us that if artists can't make music, then they won't create. Have you ever met a real artist who felt this way? Those artists you mentioned didn't create their art so that they could be rich - in their times, music was not a real career. They created because they were driven to create, and they were never promised huge sacks of gold coins. Yet they created hundreds of works.

    Fast forward to today, and go to an open-mic night at a jazz club. Do these people make money? No. Are they artists who love to create? Absolutely. I firmly believe that the lack of financial incentive is what keeps music good - those who are driven by their own desire to create typically create better music than a professional songwriter who spends the work week writing what he/she thinks will appeal to the largest demographic. And while the former explores and provokes, the latter strives to spit out exactly what Joe Consumer, aged 21-34, is used to listening to on his favorite ClearChannel radio station.

    I happen to be one of the musicians who is driven to create. I've spent far more than I've made, and it will probably stay that way for the rest of my life, but it hasn't stopped me yet. I made about $100 in royalties from a song recorded in 1995. My current band has mp3's freely available on our website (see the sig) and we would rather play a low-paying/free gig than not play at all. The art is the incentive, not the $0.14/album royalties that the RIAA pays its "recording artists." But the RIAA is only thinking about the executives and the Pop Star Factories that are only in it for the paychecks.
    --
    I really hate signatures, but go to my website.
  41. A few things eh? by mindstrm · · Score: 3, Insightful

    Just a bit of a differnet look.
    The problem with this whole file sharing music p2p blah blah fiasco is that, well, the logistics surrounding "copying" were very different when copyright law was drafted. This here is a whole other situation.

    I think we can all agree, more or less on a few things.

    1) You can't just look at the act of copying anymore, to determine if something is morally correct or not. My web browser caching stuff, or my making a backup of my own stuff and putting it in a safe place, nobody with any common sense would tell me that it should be illegal, or that I'm harmful to society for doing it.

    2) I should be able to let my buddy listen to my music, regardless of whether that mechanism involves a "copy" or not.

    3) I should NOT be allowed to give away or sell copies of my music so that others don't have to purchase music, ever.

    So.. the problem is we have no way to really define what's allowed and what's not.. digital makes it so easy to move music around, that we can't just look at 'copies' or 'streaming -vs- non streaming' or whatever.. we have to look at someone's overall actions. Perhaps, like some, sorry to say, drug laws, it should depend on the amount of copyrighted material you are trafficking in. Personal use woudl be a valid defence. Perhaps we should ban IP altogether, and go for purely technical solutions. I'm for the other.. having strong laws, and open technology.

  42. Re:The RIAA is in over its head - WHAT? by Nom+du+Keyboard · · Score: 4, Interesting
    they'll place a few kinds of watermarks on each song if they're smart. Once you rip and distribute, you create a trail, and all the RIAA needs

    Excuse me, but...hypothetically (don't try this at home kids) I go to a CD store and buy the top CD for cash. Then I come home, rip it using (take your pick) direct digital rip, analogue hole, special software to bypass copy-protection, take your pick, and place the results out on all 57 or so P2P networks. You can't miss that it's out there and rapidly proliferating faster than you can trace.

    How does any watermark in existance trace that mass produced piece of silver plastic back to me?

    I didn't even mention that I cut this baby lose using the local WiFi hotspot while enjoying an extra large cup of coffee with endless free refills.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  43. Re:And thats whats wrong. by Suidae · · Score: 4, Insightful

    Why does everyone want to make a point by starting 'sharing music/vidoes/programs/ebooks is like...'?

    Data duplication is fundamentally different from physical goods. The system of laws societies have built up around production and distribution of physical goods simply is not suitable for applying to information that can be duplicated with standard consumer equipment.

    The sooner people realize this and find an economically and socially viable solution, the better off humanity will be. As long as people are locked into thinking of information in terms of physical media (eg, a CD instead of music) we'll be stuck with an information economy that spends resources on things that are generally unproductive (copy prevention schemes and lawyers).

    Eventually we are going to start making steps toward the general assembler, where regular people at home have a device that can create from raw materials and software nearly anything we need. No one will buy objects made of plastic, glass or metal, these objects will simply be made on demand. New kinds of things will be defined simply with a data file that one could share with ones friends. Electronics won't be far behind simple mechanical devices. Forget buying an MP3 player, just borrow the definition file from a friend and print your own, in whatever color you like.

    Imagine what it would be like if large corporations cripple these kinds of technologies with DRM. Thats exactly whats happening now with music and video.

    Yes, governments need to protect the rights of content creators, but they also need to be aware of what will eventually be possible with technology in the near and no-so-near future, and plan their course through history as appropriate. Governments exist partially because individuals tend to do what is best for themselves right now, not what will be good for people three or four generations down the line.