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RIAA Obtains Subpoenas Against File Swappers

SniperPuppy writes "Fox News is reporting that the RIAA has secured 871 subpoenas against suspected file swappers, with 75 more being approved each day. Between this, and the latest versions of FreeNet and Kazaa Lite being released, will technology be able to keep traders away from court?" Apparently, just suing the "major offenders" wasn't enough of a warning shot, so now they're going after people who share as few as eight songs. Wait until the RIAA discovers all the stuff that gets posted to Usenet!

1,046 comments

  1. Shhh! by Anonymous Coward · · Score: 5, Funny

    You want them to know about Usenet???

    1. Re:Shhh! by slainfu · · Score: 0

      Somebody tell them it's just another name for Edonkey.

      --

      slainfu
      "I can't be a terrorist if you're sucking my bum."
    2. Re:Shhh! by AndroidCat · · Score: 2, Funny

      Don't worry, they'll think it's that GoogleGroups web page thing. And I'm not joking.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:Shhh! by Anonymous Coward · · Score: 0

      They already know about usenet genius.

      They have posted bogus songs to usenet with loops that just say "wait till release date to purchase" so they are definatly aware of usenet.

      Considering your ip is attached to everything you post it would be simple for them to sue usenet posters also.

    4. Re:Shhh! by sqlrob · · Score: 1

      Considering your ip is attached to everything you post it would be simple for them to sue usenet posters also.

      Not true. That depends on the news server

    5. Re:Shhh! by AndroidCat · · Score: 2, Insightful
      Not true. That depends on the news server

      It depends on all the news servers in the !path back to where the post was injected. You have to trust all of them, otherwise the rest of the !path and the posting IP could be forged. Annd, using a proxy to post is trivial. I'd love to see the RIAA in court against someone who could afford the expert witnesses to tear the RIAA a few more. (On second thought, just give me the money.)

      --
      One line blog. I hear that they're called Twitters now.
    6. Re:Shhh! by RapaNui · · Score: 1

      Usenet is dead!

      Long live Usenet!!

      Been happening for what, 'bout 10 years now?

    7. Re:Shhh! by Fred+IV · · Score: 1, Funny

      The first rule of fight club is: You do not talk about fight club
      The second rule of fight club is: You DO NOT TALK about fight club.

    8. Re:Shhh! by Anonymous Coward · · Score: 0

      Don't tell them about Public Libraries, many of which have TONS of current music CDs that can easily be copied!!!! Fuck the RIAA and the music industry! They're toast!!!

    9. Re:Shhh! by leviramsey · · Score: 1
      The first rule of fight club is: You do not talk about fight club
      The second rule of fight club is: You DO NOT TALK about fight club.

      First rule of the Marcel Marceau fan club: you do not talk about the Marcel Marceau fan club!

  2. Shhhh by Anonymous Coward · · Score: 0

    Hey, man...keep that on the down-low...

  3. Fine by conteXXt · · Score: 5, Funny

    but leave IRC for the rest of us

    --
    The truth about Led Zep should never be told on /. (Karma suicide ensues)
    1. Re:Fine by Mindragon · · Score: 3, Interesting

      It always amazes me when the recording industry sets up a shell game to hide where they get their money. They most certainly don't get their money from the people that they're suing. They must love the publicity that they're getting by trashing students and taking their life savings. In reality, these overpaid, overstuffed and overcredited group of lawyers are paid by companies like Sony, Universal and others on the basis that they are entitled to compensation for the rights of use of their properties. These companies are paid by us every time that we buy a CD or watch or listen to something with their music assets on it.

      Perhaps we should threaten the RIAA's monetary revenue stream by cutting off revenues to the upstream source. Well, it would seem to me that the music listeners and the music creators needs to get together using the internet as a transport tool. About the only way to do that is to setup a website and distribution network that allowed the music listeners to interact with and support the artists. Musicians have been complaining for years that the studios screw them over on a regular basis. Music listeners have been complaining for years that their choices for music have remained unavailable. If a non-profit, public-benefit, independant-reviewed, regularly audited company were to spring into existance, it would change the face of music forever.

      Consider this, musicians need to have a way to connect with their listeners. They do this by creating songs and going on tour to play for their listeners. So, if this non-profit company were to contract with every single artist on the planet to provide this valuable service to their listeners, the RIAA would then be obsolete. Granted, songs created prior to the date that the company signs the artists would still remain in the RIAA's evil graps however, any new songs would remain in the public's hands. In that case, it would remain in the best interest of the public for the music to remain free. We could use the tools that are already available, such as GPL, shareware and freeware to develop the legal structure of the system. In addition, music listeners would be able to interact directly with the artists via the usual internet communication methods of email, forums and chatrooms. Personally, I wouldn't mind paying a subscription to a service that paid the artist directly so that I could listen to the music I wanted and get the new stuff the day it is published by the artist.

      I don't think that the traditional music industry will ever understand what the music listeners are really desiring. They will continue to provide a facless entity that continues to destroy our right to support and interact with our musicians and artists. It is in their best financial interests to do so. The only way to resolve this difference between our interest in listening to music that we like and the musicians interests in creating that music is to provide a system that directly connects the two. This way, our support of the music doesn't pass through a pile of greedy hands, including the RIAA.

      Once a system like this is in place, the court system can then go back to going after real criminals, such as bin Laden, instead of John and Jane Q. Public, whose only crime in life was really liking their favorite musicians. Musicians would have a huge venue through which they can publish their music. And we would have the richness in art that we deserve.

      --
      Just add {In Space!} to anything.
    2. Re:Fine by BrynM · · Score: 1

      Actually, the RIAA technically makes it's money from membership dues and donations paid for by the Labels and their supporters. They are a Trade Association.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    3. Re:Fine by TechnoGrl · · Score: 1
      Well, it would seem to me that the music listeners and the music creators needs to get together using the internet as a transport tool. About the only way to do that is to setup a website and distribution network that allowed the music listeners to interact with and support the artists

      Already been done and doing VERY well... www.CDBABY.com

      --
      ----- In Your Cubicle No One Can Hear You Scream...
  4. Anyone living abroad by Trigun · · Score: 3, Funny

    Preferably on a small, non-US influenced island someplace warm?
    Want to let a room?

    1. Re:Anyone living abroad by rde · · Score: 1

      Maybe. Are you going to bring your own music?

    2. Re:Anyone living abroad by EpsCylonB · · Score: 1

      Seriously tho, how worried should I be living in the uk ?, have the RIAA any plans to get global with their crusade ?.

    3. Re:Anyone living abroad by Anonymous Coward · · Score: 0

      Are you nuts? If Bush ever hears there is such a place, the bombers will be in the air within the hour. You be putting you life at risk...

    4. Re:Anyone living abroad by supergiovane · · Score: 1

      It's not an island. But it's warm, and most of all is non-US influenced. Welcome here in Italy, man.

      --
      Signatures are for stupids.
    5. Re:Anyone living abroad by Trigun · · Score: 1

      If Don Cervesi is still alive, I am NOT welcome in Italy.

      But yeah, Italy, Germany, and Hong Kong are all looking pretty nice anymore.
      Hey, that's funny. Someone fleeing from the tyranny of the U.S. to Germany.

    6. Re:Anyone living abroad by Alan+Cox · · Score: 1

      You think it will help you ? Pirating music is an offence in rather a lot of places. If you want the stuff pay for it, if you don't want to pay for it go listen to all the really good music out there by bands smart enough not to join the RIAA bandwagon, bands who can still say what they want, write music the way they want and experiment.

      Alan.. waiting for the first Machinaesupremacy album...

    7. Re:Anyone living abroad by Anonymous Coward · · Score: 0

      I wouldn't want to live a broad. I'd look terrible in a dress! Perhaps a kilt?

    8. Re:Anyone living abroad by Anonymous Coward · · Score: 0

      Anyone want to flee from U.S to North Korea? That would be funny.

    9. Re:Anyone living abroad by Trigun · · Score: 2, Insightful

      In all reality, I do not pirate that much music. A lot of the stuff I download is either foreign soundtracks, indie stuff released by the artists, or covers by just-breaking-out bands. I would rather go to 30 clubs and see small bands than pay for one Metallica concert with the same amount of cash.

      I am completely for anyone making money by selling something that people want. I am just getting really scared that law has been shifted from the courts to the corporations. The sweeping powers of the RIAA, MPAA, and BSA are snowballing, and guilty until proven innocent by jury or cash is the rule.
      I enjoy my rights, and try to make certain everyone elses rights are not infringed by my own.
      I just wish that more people shared my point of view.

      Being broke and virtuous don't have to go hand in hand, do they? Please tell me that they don't.

    10. Re:Anyone living abroad by Anonymous Coward · · Score: 0

      Up until new year, pirating music (and anything really, apart from software) appears to be perfectly legal in Norway.

      Housing prices are horrid though, which should compensate :-)

    11. Re:Anyone living abroad by MrZaius · · Score: 1

      Can't say I have a room free, as I just left the place, but you might find Russia to your liking.

      Stick to Moscow, St. Petersburg, or Niezhnevartosk (Siberia, oil town). Those are the richest cities, per capita. MP3 cds can be bought for 3-4 dollars a pop. Broadband over a shared satellite is metered, but the ISP keeps a local cache of divx films, mp3s, ebooks, etc that probably weighs some 200gb available for free (local traffic doesn't get metered). It also runs a bnetd server, half-life game finder, etc.

      Damn nice set up.

      Only bad thing is that food, clothing, etc are relatively expensive there (US-like prices, or just under.)

      Check Thailand out, if you can't afford to spend US prices without working (damned visas and such)

    12. Re:Anyone living abroad by Wolfrider · · Score: 1

      --Hey, it seemed to work for Hugo Weaving:
      http://us.imdb.com/Title?0109045

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  5. 10th post by cockroach2 · · Score: 0

    from a country where the RIAA can f*ck themselves...

  6. This affects me not at all by SkArcher · · Score: 0

    I get most of mine from IRC

    mIRC and the IRC protocols are too widespread and too basic for them to monitor all of it accurately

    --

    An infinite number of monkeys will eventually come up with the complete works of /.
    1. Re:This affects me not at all by Anonymous Coward · · Score: 0

      Your IP address has been recorded. The SWAT team will be at your house shortly.

    2. Re:This affects me not at all by Heem · · Score: 1

      You really have no idea what you are talking about.
      IRC is about as simple as it gets.First off, mIRC is simply *one* irc client, and has no bearing on this topic at all. and the IRC "protocol" is simply plain text. Unfortunatley, for those who use IRC for such things, it's just as easy, if not easier to track such activities on IRC

      --
      Don't Tread on Me
    3. Re:This affects me not at all by grennis · · Score: 1

      No, actually when you transfer a file with someone else, the protocol DCC connects directly with the other client, not through the IRC servers.

    4. Re:This affects me not at all by Heem · · Score: 1

      Yes, but the list of files is typically available publically to anyone on the channel in which you are serving. Doesnt take much after that to find out who you are.

      --
      Don't Tread on Me
    5. Re:This affects me not at all by Ishin · · Score: 1

      How does this help the people running the actual mp3 fservs? If you can find em, so can the RIAA.

    6. Re:This affects me not at all by Anonymous Coward · · Score: 0

      Oh man! The guy whose box I 0wn3d and installed that proxy on is going to be pissed!

    7. Re:This affects me not at all by Anonymous Coward · · Score: 0
      mIRC and the IRC protocols

      *cough* mIRC is not a protocol.
    8. Re:This affects me not at all by Lusa · · Score: 2, Insightful

      This does affect you even if you use an IRC server that masks ip addresses. A direct connection will give out your ip address and they can get that by requesting anything from fserve be it the file list, an mp3 or even a dcc chat session.

      If a direct connection is not used then you can be protected by a foreign server more. The only way to be truly safe on irc is not to send files and be on a server that masks ip's.

    9. Re:This affects me not at all by strider3700 · · Score: 1

      As I pointed out elsewhere on this article. Most of the fserves are hacked boxes. I know because I've had to clean one up. It took a warning from the ISP before my buddy realized what was going on.

    10. Re:This affects me not at all by plenTpak · · Score: 1

      I think he knows this: he said "mIRC and the IRC protocols", not "the mIRC and IRC protocols"...

    11. Re:This affects me not at all by irc.goatse.cx+troll · · Score: 1

      No, The proper way is to either use a proxy for everything (either an irc proxy(bnc) or just an http proxy that allows connect). Or connect from a shell, either way.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    12. Re:This affects me not at all by Slashdot+Junky · · Score: 1

      That sig of your is really funny!
      -Slashdot Junky

      --
      .
      Landfill Mining Co.
      Managing the (Un)natural Resources of Tomorrow
    13. Re:This affects me not at all by irc.goatse.cx+troll · · Score: 2, Informative

      But the dcc request goes through the servers. The DCC is just a ctcp DCC SEND which as everyone knows is just another privmsg. I could hack out a shell script to show all dccs going on on my irc server in about a minute. So could your isp. So could your irc servers provider.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    14. Re:This affects me not at all by hkmwbz · · Score: 1

      The impression I get from speaking to IRC admins is that logging/monitoring traffic on the server takes too much resources for busy servers to make it a viable option. And unless you actually admin a server, you can't spy on others.

      --
      Clever signature text goes here.
    15. Re:This affects me not at all by Trigun · · Score: 1

      But logging/monitoring off the server isn't that hard or resource intensive. And what's stopping them from putting up their own server?

    16. Re:This affects me not at all by irc.goatse.cx+troll · · Score: 1

      Whoever provides connectivity to the ircd can sniff it to.(eg qwest, internap, cogent, yipes, etc)

      On something as active as most public warez filled nets, it would probably take a decent amount of cpu, but the price of it isnt really much when you think about the price of sending out all the subpenas, all the time setting it up, lawyer fees, and all that. Making that money back is easy when you're sueing for $130K per copyright infringement, though.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    17. Re:This affects me not at all by cait56 · · Score: 1

      Exactly. There is no need for the RIAA to go scanning DCC logs, even if the existed.

      If people can find you mp fserv, so can the RIAA. They can go there and download a song. They have their proof.

    18. Re:This affects me not at all by hkmwbz · · Score: 1

      Putting up a server is no problem. Getting it connected to a network, such as IRCnet or EFNet is another matter.

      --
      Clever signature text goes here.
    19. Re:This affects me not at all by wo1verin3 · · Score: 1

      >>mIRC and the IRC protocols are too widespread
      >>and too basic for them to monitor all of it
      >>accurately

      Incorrect, with the right legal documents the RIAA could easily force an irc server operator to enable various debug and logging modes. Log private conversations? All activity from an IP?

      While not common, it can be done.

  7. Sue your customer by grennis · · Score: 3, Interesting

    Sounds like they took a page from DirectTV's playbook. And why not? It appears to be working. But how are they going to stop international users?

    1. Re:Sue your customer by n0nsensical · · Score: 2, Insightful

      But how are they going to stop international users?

      Most likely by influencing US policymakers to influence EU policymakers to use their increasing power over the laws of individual European nations to change their laws to mirror those of the US. Then start suing in European courts, rinse and repeat on other continents where too many people decide they no longer want to pay for RIAA music for whatever reason.

    2. Re:Sue your customer by benjiboo · · Score: 0, Flamebait
      Even if these guys meet the definition of "customers", (which they don't), if they equal a net loss to the industry then I'm sure they would rather not have these customers around.

      Thought of an interesting point. P2P is more damaging than copying a CD for personal use. Copying the CD results in no direct loss to the Industry (though they still have the right to uphold their copyright.) HOWEVER, if you download a song on a P2P network, your actions might result in a direct loss as you are then facilitating piracy for other people who *may* have subsequently purchased the music.

      --
      Vacancy for signature. Apply within.
    3. Re:Sue your customer by heli0 · · Score: 1

      People who are decoding DirecTV signals illegally are not customers.

      --
      Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
    4. Re:Sue your customer by TheRedHorse · · Score: 1

      But how are they going to stop international users?

      This "problem" has already been solved. The whole point of the DMCA was to bring US copyright stands up to par with WIPO standards. After the DMCA the US was able to sign on with WIPO and work with it to enforce international IP law with all the member nations. This allows companies/government to persue users in other countries. The RIAA has also done this recently as well. If I remember correctly they helped bring down a CD-R piracy group outside of the US (I think it was either Mexico or Russia, but am not sure).

  8. Question by beacher · · Score: 5, Interesting

    Is it okay to download mp3's of songs that I legitimately own on CD? Can I claim fair use if I own the CD? Can I counter sue?
    -B

    1. Re:Question by beacher · · Score: 1

      Reread the subject again (I just jumped on the RIAA mp3 sue keywords) I'm not sharing files btw.
      -B

    2. Re:Question by Anonymous Coward · · Score: 1, Informative

      In Canada it's legal to copy a whole CD into an audio media without actually owning the CD. So that means you can borrow your friends' CDs and copy all of them.

      That doesn't mean sharing on P2P networks is legal. The Canadian Copyright Act also says you can legally copy your own CDs so you would be covered by fair use (at least in the books but we all know how much that means now).

      This should be a given but I'll say it anyways. I'm not a lawyer and this does not constitute legal advice in any form or shape.

    3. Re:Question by Anonymous Coward · · Score: 1, Informative

      No, this is strictly forbidden by the RIAA because the mp3 wasn't made from *your* physical copy of the cd.
      How they tell the difference, I'll never know, since the cd will be an exact digital copy..
      You're also not allowed to obtain mp3's of material you already own on records, tapes, or 8-tracks. They want you to have to buy it *again.*

    4. Re:Question by Anonymous Coward · · Score: 0

      Nope, it was in a interview with someone from the RIAA some weeks ago on slashdot.

    5. Re:Question by tomstdenis · · Score: 2, Interesting

      Actually no. If there other guy doesn't own them [and how would you know?] it's still piracy. Even better, if you download an mp3 *then* by the CD you have still pirated the audio.

      Making a *private* MP3 copy of a song isn't illegal [despite what contrived BS the zealots will bring up]. Provided you legally owned a copy of the CD/tape/record/media you are entitled to make your own private copies to your heart desires.

      The trick, don't download mp3s off P2P networks. Really that simple. If you want to know what a song sounds like request it from your local radio station, if you want a your radiostation to play "indie/newbie" groups petition them [or a NPR station] to play them. There are legal ways to sample a song before buying it.

      I mean, for the decades before P2P what do you think people did to hear a song? [This coming from a 21 yr old "kid" should tell you something]

      99.999% of all P2P users are pirates. Their benevolent intentions aside there is no excuse for it. /rant

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:Question by LordNimon · · Score: 1
      Is it okay to download mp3's of songs that I legitimately own on CD?

      No.

      Can I claim fair use if I own the CD?

      No.

      Can I counter sue?

      No.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    7. Re:Question by mark_lybarger · · Score: 1

      It's ok to download any songs. That's not copyright infringement. It's illegal to distribute the songs, but i don't not to recieve. The law punishes the dealers and not the addicts.

      It's also illegal for a store to sell cigarettes to a minor, but it's not illegal for a minor to smoke cigarettes.

    8. Re:Question by arkanes · · Score: 4, Interesting
      mean, for the decades before P2P what do you think people did to hear a song?

      Um, they listented to what the music industry aligarchy wanted them to listen to. Bands without a label couldn't get widespread exposure (there are perhaps a dozen notable exceptions. Not much over the last 50 years).

      This is why the RIAA hates the internet so much, and why they dropped the ball so badly as to allow P2P to start in the first place. If iTunes had been around in 1995, there would have been no Napster. They don't give a shit about piracy (well, now the probably do, it's widespread enough to hurt), because they know all the same things that people post here - people downloading who wouldn't have bought the songs aren't customers. It's the decay of thier distribution network that scares them - if you can hear anything you want on P2P, you don't have to listen to the radio. This means you aren't hearing what the songs they want to hype, and you aren't listening to the commercials for the products they want to sell.

      They did this to themselves, though, so it's pretty hard for me to feel sorry for them.

    9. Re:Question by Trigun · · Score: 1

      The problem with laws, especially copyright laws, is that they are so convoluted that anything is technically illegal, should a lawyer of sufficient calibre get you in their sights.
      What it all boils down to is that if you have enough power, you can do whatever you want, as long as you are not too high profile about it. If GWB shot a person in the White House, not only would he get away with it, he could use the taxpayers money to get the stain out of the carpet, and pay a thousand times the going rate. If he shot a second one a week later, then we'd start asking what the hell he's running around with a gun for.

    10. Re:Question by tomstdenis · · Score: 2, Interesting

      I'm sorry... what?

      I'm fairly certain if you asked your radiostation to play local bands they would. The whole reason why radiostations are in business is because people listen to the BS they put out. So if people don't complain why change it?

      "people who pirate aren't customers". What does that have todo with anything? Can I kill your parents if you don't like them?

      Admitedly radio sucks [I haven't listened to it in over ten years or so] and admitedly most "popular" music is teeny-bopper. But that isn't the RIAA's fault. Its the fault of all the stupid teenagers who get so utterly wrapped up in the moment that they don't step back to realize it sucks.

      I mean how many screaming fans are at a Spears concert? How many of them are so vain, shallow and stupid to fall for that gimmick BS? If people spent 1/10th the money on door fees for local bands we wouldn't be in this mess. But alas people are overwhelmingly stupid. This is also why Intel for example, can get away with selling the P4 and still have "fan users". Or how Nintendo can make a fairly crappy GBA [it has many flaws like a 16-bit data bus], recycle SNES games and still make a profit.

      If consumers had an ounce of critical thinking the world would be VERY much different.

      Regardless of the motives for the RIAA, pirating is illegal and they have the right to sue them. Tired BS arguments.

      Tom

      --
      Someday, I'll have a real sig.
    11. Re:Question by AndroidCat · · Score: 2, Funny

      I'll have to call bullshit on this one. (Unless you can point to some convincing source other than "some guy...".) You can make copies, yes. For your friend, no.

      --
      One line blog. I hear that they're called Twitters now.
    12. Re:Question by Lusa · · Score: 1

      What is the definition of audio media? Would a mp3 CD count? If I can pop it into my CD player and it plays music without requiring a third party piece of software I would say it is. Sounds like this could be the basis for a large legal collection so long as it can't be proved how the files were collected in the first place.

      Does this also mean they can be snail mailed around legally as well or is only the first copy legal?

    13. Re:Question by Detritus · · Score: 2, Insightful
      I'm fairly certain if you asked your radiostation to play local bands they would.

      Maybe on some other planet. The vast majority of commercial radio stations have rigidly defined playlists. If it isn't on the playlist, it will never be played on the air. Even the station's program director may not have any say over the contents of the playlist.

      --
      Mea navis aericumbens anguillis abundat
    14. Re:Question by Anonymous Coward · · Score: 0
      Should be

      Is it okay to download mp3's of songs that I legitimately own on CD?

      No, they have more lawyers than you do

      Can I claim fair use if I own the CD?

      No, they have more lawyers than you do

      Can I counter sue?

      No, they have more lawyers than you do

    15. Re:Question by cpt+kangarooski · · Score: 3, Interesting

      Downloading is copyrignt infringement in that it necessarily causes a copy to be made, and one of the rights that a copyright establishes as exclusive to the copyright holder is reproduction.

      Both the uploader as a distributor and the downloader as a copier are individually breaking the law.

      Merely receiving a copy without making or causing to be made, that copy, isn't possible in the online world. And offline, it could still be construed as contributory infringement perhaps.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:Question by Drakin · · Score: 1

      Actually, it's sort of true, sort of not. There's a tax added to audio cassette tapes and blank audio CD's (AFAIK, not blank "multi media" or "data" CD's) that goes to the publishers of music, which allows one to use it to copy copyighted works.

      But who buys the over priced "music" CD-R's?

    17. Re:Question by tomstdenis · · Score: 1

      Then do what all democratically formed nations do and protest. Get a few 1000 of your closest buddies to petition the station. I bet if the station was facing a listner drop and bad publicity it would go to hell.

      Also petition your govt to make laws requiring a diversity of music on the limited FM bands [e.g. you not going to share the band, you share the time].

      Tom

      --
      Someday, I'll have a real sig.
    18. Re:Question by Anonymous+Brave+Guy · · Score: 2, Informative
      It's ok to download any songs. That's not copyright infringement.

      This is the fourth or fifth time I've seen someone make this claim here recently. Is there some US case law I'm not aware of that supports the claim? I certainly wouldn't want to bet my life on it looking at basic US copyright law, and many other countries have less permissive "fair use" rights under copyright law than the US offers.

      Or is this just an old wives' tale, like "EULAs aren't enforceable, so you can just ignore them"? Plenty of people here would like to believe that, and plenty do at first after reading someone post it here, no doubt in a (+5, Insightful) post. And yet plenty more case law disagrees with them.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    19. Re:Question by Anonymous Coward · · Score: 1, Funny

      I'm going to go out on a limb here and say that there isn't a single person on this website who has 10 friends, let alone 1,000.

    20. Re:Question by tomstdenis · · Score: 1

      hehehe, how many people outside of /. have 10 "best friends" [e.g. more than just people you know who drink the same poison at a bar with you]???

      The college I'm at [more like a high school] has "cliques" of people whom I doubt are close friends. Just they all weigh the same [e.g. 65 lbs] and suck the same prof's cock to get ahead [er... punny!].

      By "1000 of your closest friends" I meant form a group under your line of thinking and get people to join it.

      Tom

      --
      Someday, I'll have a real sig.
    21. Re:Question by moonbender · · Score: 1

      I don't know about Canada, but that's certainly the way it's supposed to be here in Germany. For how long, who knows with the upcoming EUCD, but it's been this way for dozens of years.

      --
      Switch back to Slashdot's D1 system.
    22. Re:Question by shione · · Score: 1

      here's a link for your 'Making a *private* MP3 copy of a song isn't illegal' statement :)

      Riaa Vs Rio

      I hope the link works, if not it is : http://www.salon.com/ent/log/1999/06/16/rio/

    23. Re:Question by Anonymous Coward · · Score: 0
      What it all boils down to is that if you have enough power, you can do whatever you want, as long as you are not too high profile about it. If GWB shot a person in the White House, not only would he get away with it, he could use the taxpayers money to get the stain out of the carpet, and pay a thousand times the going rate.


      You mean just like the clintons aranged for Vince Foster?
    24. Re:Question by utd-blaze · · Score: 1

      This is America. Shut your mouth and empty your bank account. All your fair use are belong to us.

      --
      Do me a favor and double it!
    25. Re:Question by AndroidCat · · Score: 1

      I was calling bullshit on the idea that you could lend your CDs to a friend, the friend copies them, and gives your originals back. Even if you pay the "Blank Tax", you're still not allowed to do that in Canada. (Although some might feel morally justified.)

      --
      One line blog. I hear that they're called Twitters now.
    26. Re:Question by lafiel · · Score: 1

      I'm fairly certain if you asked your radiostation to play local bands they would. The whole reason why radiostations are in business is because people listen to the BS they put out. So if people don't complain why change it?

      I hate to break this to you (actually I love every moment), but most of the time radio stations only put out music that's already on albums, or will be on albums soon. Playing local band doesn't attract the masses. About two years ago, how often did you hear Eminem on the radio? I heard "Slim Shady please stand up" about ten times a day when I worked at a store with a radio playing the whole time.

      The fact of the matter is that p2p is a great way for unknown bands to get their music out there quickly, easily, and cheaply. If you think the local radio is going to play tons of local band stuff and give people a chance to listen to unknown music, think again. They'll play the popular stuff to get their ratings up, then bust out the advertisments so they can make money.

      I'm not even going to touch your 'consumers have an ounce of critical thinking" arguments. Counterarguments such as "SNES games that have good gameplay sell again on a new portable system? Oh my God, the tragedy!" can be thrown at you.

      Pirating is illegal, yeah they can sue. Absolutely correct. But RIAA is going overboard here. There are underlying reasons for these overblown actions of suing hundreds of p2p users, and pirating is not at the top of that list.

    27. Re:Question by tomstdenis · · Score: 1

      Well we will wait to see when false positives are brought to court I guess.

      As for the SNES games retort. If they didn't cripple the GBA [small data bus, latency, small amount of ram] they could do more challenging games then DKL rehashes.

      Tom

      --
      Someday, I'll have a real sig.
    28. Re:Question by dallask · · Score: 4, Interesting

      I'm fairly certain if you asked your radiostation to play local bands they would

      Try it... let me know how that works out for you...

      The last time I tried to get my local band played, I was told that the band wasnt on their playlist, and if he put it on the air, he would get fired....

      Why do you think that your local radio station still plays the same 5 year old songs, stopping only occasionaly to throw in the new stuff? their are THOUSANDS of bands out there who would die for the air time... but their not going to see a second of it.

      but Im rambling now, I need coffee...

      --
      The Code Ninja is swift with his tool, precise in his delivery, and deadly accurate in his execution.
    29. Re:Question by Anonymous Coward · · Score: 0

      You are ignorant.

    30. Re:Question by efflux · · Score: 1
      "people who pirate aren't customers". What does that have todo with anything? Can I kill your parents if you don't like them?

      But if you did kill them (or the were otherwise murdered), we might cite the fact that you didn't like them as motive. That's what it has to "do with anything."

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    31. Re:Question by spike+hay · · Score: 1

      I'm fairly certain if you asked your radiostation to play local bands they would. The whole reason why radiostations are in business is because people listen to the BS they put out. So if people don't complain why change it?

      Actually, no they wouldn't. In my area, all of our music stations except for one country station are owned by Clearchannel. They have music that is streamed by fucking sattelite to each radiostation. No requests.

      Even most indie stations don't do requests.

      --
      If you don't understand any of my sayings, come to me in private and I shall take you in my German mouth.
    32. Re:Question by Lanae · · Score: 1

      You claim not to have listened to radio in the last 10 yrs, and yet you're telling people that radio stations will play whatever we want, if we'd only request it. Maybe, if its one of the last few college indie stations left. I've been told that the "golden age of FM" lasted ~1978-1988. Yes it went downhill fast.

      "All the stupid teenagers" liking only what they're fed, is, in a way, the media's fault for not allowing new and innovative stuff to be played over the conglomerate airwaves. Kids, like my 11 yr. old neice, don't know any better, and think Avril Leveigne is the greatest thing since sliced bread. But by your logic, it's prefectly ok for the media to stifle innovation, just because many consumers are ignorant. Funny, I'm sure they were just as ignorant in the 70's and 80's but that didn't stop non-formula bands from gettng played.

      As an alternative to pirating, there's always internet radio stations such as www.radioparadise.com - I'd say tthey are the new FM, but only for those with access to it.

    33. Re:Question by Kneo24 · · Score: 0

      That would be called 'copyright infringement' (or so the RIAA goons claim, you might want to look into this yourself) unless the copyright holder says it's ok. I know, the law sucks. Though I don't see what's going to stop you from doing it illegally.

    34. Re:Question by Anonymous Coward · · Score: 0
      Or is this just an old wives' tale, like "EULAs aren't enforceable, so you can just ignore them"? Plenty of people here would like to believe that, and plenty do at first after reading someone post it here, no doubt in a (+5, Insightful) post. And yet plenty more case law disagrees with them.

      And plenty of other case law agrees with them. Like Softman v. Adobe and the New York case against Network Associates. Not to mention the 1908 case that tossed out EULA-like clauses for books. EULAs are invalid because there is no consideration. You are forced to give up rights in exchange for nothing (The right to install and use the software is one you already have).

      If EULAs were really enforceable, software companies wouldn't keep pushing so hard for UCITA. They wish copyright gave them that much power over their customers, but it doesn't and it shouldn't.

    35. Re:Question by Anonymous Coward · · Score: 0

      "Downloading is copyrignt infringement in that it necessarily causes a copy to be made, and one of the rights that a copyright establishes as exclusive to the copyright holder is reproduction."

      That isn't accurate. Archival copies are allow under US copyright law. So is it illegal to download songs if you own the CD? Probably not.

      In fact, it maybe a good defense strategy. If you get sued, go out and but the CDs (used, of course) and then contact a lawyer.

    36. Re:Question by anthony_dipierro · · Score: 1

      You could try to claim fair use. But I don't think the RIAA is going after downloaders anyway. There are far too many defenses they could use.

    37. Re:Question by Anonymous Coward · · Score: 1, Insightful

      Technically, the RIAA isn't in a position to forbid anything. I'd be more interested in what a court had to say about it.

    38. Re:Question by Anonymous Coward · · Score: 0

      Norwegian law is similiar. It basically says that within a close social groups (family/relatives, good friends, colleagues at work) anything goes. Except you can't copy software.

      This is expected to change around new year.

    39. Re:Question by coffee177 · · Score: 1

      Qoute: "I mean, for the decades before P2P what do you think people did to hear a song? [This coming from a 21 yr old "kid" should tell you something]" From a 42 year olds perspective: Before we had CD's and such we would copy the songs onto our tape recorders from radio. Anyone around my age would probably remember the "King Biscuit" concerts that were on various radio stations at night. We would simply tape them. We taped our albums too. However, THat was a long time ago. Today we have CD's and everyone can burn them. Same thing but different media. The difference is that never had we had a large network to share them on. It was always friends in the neiborhood that we hung around with. Oh, And if Paul McCartney reads this: Tell me where I send my check to you personally for your music I recorded. Ill do that. However, Im not going to pay Capital Records. cheers, coffee177

    40. Re:Question by FuzzyBad-Mofo · · Score: 2, Insightful

      If you want to know what a song sounds like request it from your local radio station,

      Yeah, I bet all my local ClearChannel stations would get right on that. "Yes, I'd like to request a song.. When Hell freezes over, you say?"

    41. Re:Question by Anonymous Coward · · Score: 0

      Merely receiving a copy without making or causing to be made, that copy, isn't possible in the online world. And offline, it could still be construed as contributory infringement perhaps.

      It's certainly possible. Depending on your security settings, web sites you visit could copy any number of files to your disk without your knowing it.

    42. Re:Question by coffee177 · · Score: 1

      I agree totally with you Tom! Lets see what has happened when people do this 1. Presidents get elected 2. Wars stop/start 3. Policy changes 4. Workers Rights How in the world can your ideas be called ignorant like in some of the posts Im reading?? I think the idea would be to stop buying music all together as a group to protest unfair prices and policies of the music industry. Keep on posting Tom and dont listen to those that are too afraid to do anything except criticize those that would. coffee177 (An American)

    43. Re:Question by cpt+kangarooski · · Score: 2, Informative

      Archival copies are allow under US copyright law.

      No, not really, at least not that are germane to most /. users. They MAY be fair use, but fair use fundementally boils down to what is fair, judged by certain criteria, bearing in mind the interests of the copyright holder. As opposed to what you might think is fair. Certainly there is nothing that is DEFINATELY fair use, just as there is nothing that is DEFINATELY not fair use. It all depends on the specific circumstances.

      Space shifting -- the argument that it's okay to copy content from one media to another, really for purposes of using the content where the first form of media isn't appropriate (as opposed to archiving copies) -- is likely to, but may not always, work for copies you make yourself of legally owned copies.

      It probably WON'T work for downloading copies because you're too lazy to make them yourself. In part because that's unusual and it's not a great burden to have to make your own rips. The mp3.com case involved a discussion along these lines and the record industry won the case.

      So I basically stand by what I said.

      If you get sued, go out and but the CDs (used, of course) and then contact a lawyer.

      DO NOT DO THIS. If you did this, then claimed that it was okay because you owned copies at the time of the alleged infringement, you would be perjuring yourself. ABSOLUTELY do not do that.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    44. Re:Question by Anonymous+DWord · · Score: 1

      So read the copyright laws. They're online, you know. He's right, you're wrong. Sorry.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    45. Re:Question by Reziac · · Score: 1

      Whether it's fair use or not isn't relevant in the eyes of the RIAA. Their lawsuit against a kid for running a *search engine* (as previously discussed hereabouts) was sufficient proof of that. If they think you're a target, you'll get shot at.

      As to your speculative countersuit, I suspect most civil court judges would throw it out, because it would be based on shaky grounds: even tho you have a legal right to the MP3, you did something "of questionable legality" to acquire it, and you cannot sue based on a legally-unsound position. (There's a legal term for this since IANAL but I forget what it is.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    46. Re:Question by tomstdenis · · Score: 1

      No I'm twisting the

      "I'm no pirating since I won't buy anyways" as "I'll kill them because nobody will miss them".

      If you are so inclined to download music and not buy it you're a thief. Plan and stimple!

      Tom

      --
      Someday, I'll have a real sig.
    47. Re:Question by tomstdenis · · Score: 1

      This is where critical thinking comes in.

      I grew up in the late 80s early 90s [well I mean the formadive years, I was born in 82] and I can safely say that while I was exposed to a lot of beeny-bopper music I grew out of it by time I was seven.

      When I was 5/6 I thought new kids were the best and listened to them all the time. By time I was seven I learnt that a diversity of music [like anything else] is much better. I started playing the piano [when I was 6] and gained an appreciation for classical music, etc, etc, etc.

      Maybe if your 11yr old niece was exposed to more culture she wouldn't be a sheep. Sorry to be so rude but thems the facts.

      Anyone who isn't taught by age 7 that critical thinking is important is doomed to live a life of sheepness.

      Tom

      --
      Someday, I'll have a real sig.
    48. Re:Question by Anonymous Coward · · Score: 0

      "aligarchy"? Real brilliant. If you want to make a spelling mistake, at least have the sense to get the first fucking letter right.

    49. Re:Question by EpsCylonB · · Score: 1

      I'm fairly certain if you asked your radiostation to play local bands they would.

      The whole "radio only playing songs from big publishers" thing is a symptom of the wider problem, the complete strangle hold the big publishers have on the music industry. A label != publisher, but most publishers do own lots of labels, sony for example own madonna's maverick label.

      The fact remains that if you want to get your cd into the big music chain shops you need to go through a big publisher. You may be right about how we got into this situation (lapping up too much over commercialized music) but the real issue is how do we get out ?.

      It seems obvious to me that the big publishers have an effective monopoly on the industry, how do we break that ?, how do we make the radio challenge us with their playlists instead of the feeding us the same old crap until we like it ?. While the records they play are selling and people are listening to them, the radio stations will continue to value their relationships with the big publishers (I am sure that playing nice with such rich companies has it's rewards).

    50. Re:Question by discogravy · · Score: 3, Interesting
      I'm fairly certain if you asked your radiostation to play local bands they would. The whole reason why radiostations are in business is because people listen to the BS they put out. So if people don't complain why change it?

      What's the weather like on your planet? I don't know about you, but Clear Channel Communications owns 99% of all the radio stations I can pick up. The two exceptions in my very large metropolitan city are: NPR and my local University radiostations. I called up my city's "contemporary rock" station and asked the DJ to play an XTC -- any XTC song -- and he laughed at me and said "get real"...so I requested an album track by a band they DO play (Faith No More's "Midlife Crisis", which was released as a single about 10 years ago). He played FNM's "Epic" instead.

      I have never heard some large metal bands on the radio -- Iron Maiden, Judas Priest, Megadeth -- because my city's radio stations don't think it's what their demographic wants to hear. That seems unlikely, but I suppose it's possible that everyone who listens to AOR (a misnomer if there ever was one,) wants to hear the last 3 Red Hot Chili Peppers songs 10 times in two hours.

      People don't complain because "it's always been like that" and they don't get any response when they DO complain. CC effectively owns US radio and they want to appeal to the lowest common denominator, so they will never ever ever play what people WANT but what people WILL TAKE. And people will take almost anything given to them.

    51. Re:Question by Anonymous Coward · · Score: 0

      ive been saying this same thing since the beginning, its not about piracy, its about control...

      in the days before i started getting my music thru the internet, i used to listen to the same tripe all the time. I was stuck on classic rock because that was the closest thing i could find to enjoyable music on the FM dial.

      Nowadays you couldnt pay me to listen to CCR & skynard all day. i dunno what id do without my huge blues & jazz collection. ... besides, who am i stealing from when i download Bessie Smith? shes been dead for 40+ years. How does my crime hurt anyone?

    52. Re:Question by AndroidCat · · Score: 1
      So? If they're online and easy to find, why don't you post a link to the Canadian government site with the relevant section?

      And no, I won't go searching for references if someone tells me that water runs uphill either (except in a rigged situation). I will cheerfully eat crow if someone can point to an authoritative source for their claims that copyright laws can be violated by simply passing around originals and making endless copies.

      --
      One line blog. I hear that they're called Twitters now.
    53. Re:Question by mark-t · · Score: 1
      No, this is strictly forbidden by the RIAA because the mp3 wasn't made from *your* physical copy of the cd.
      Interesting... not sure about the laws in the US, but here in Canada, backups of backups are perfectly legit. As long as you actually do own a legal copy of the item in question in any form, you're allowed to have it in whatever other form you wish, regardless of how you obtained it.

      Of course, the person you obtained the mp3 from was breaking the law by making the mp3 publically available without authorization from the copyright holder in the first place. But if you happened to already own it, you yourself haven't actually broken the law.

    54. Re:Question by atrader42 · · Score: 1

      Is that legitimate? Yes.
      Is that worth getting a lawsuit, having to pay a lawyer, lose a year of your life in court? Not unless you've got a whole lot more money and time on your hands than the average slashdotter.

    55. Re:Question by miratrix · · Score: 1

      Actually, grand parent post is true. In Canada, you are legally allowed to copy your friend's CD for your own use - notice, though, that you cannot copy CDs for others. Here's a FAQ about CD Levys where it talks about legality of copying, and here's a Article in College Newspaper (pdf, first page, bottom right) in which Canadian Heritage Minister Sheila Copps says that in her opinion, the levy meant that record companies and music labels are being compensated for music piracy, nullifying the negative aspect of copying music for free.

    56. Re:Question by Anonymous Coward · · Score: 0

      "I'm fairly certain if you asked your radiostation to play local bands they would."

      im calling bullshit, unless youre talking about NPR theres no way youll ever hear local music on the radio.

      clear channel communications has made sure that FM has become the MTV of the new century (except that they sometimes play music)

    57. Re:Question by Pofy · · Score: 1

      >'ll have to call bullshit on this one. (Unless
      >you can point to some convincing source other
      >than "some guy...".) You can make copies, yes.
      >For your friend, no.

      No idea about Canada (that he was talking about). Here in Sweden it is most definately OK (so far). You are allowed to make copies for family and close friends (close is actually quite broadly). They are looking at changing the law in the near future which might restrict this copying some but it is to early to say what it will end up like in the end.

      Actually, it is most likely allowed to copy even of the net (since the way the law is written and interpreted so far) lump that in with the "copying for "personal" use). It hasn't been tried in court, that particular aspect but most agree that currently it is a hole in the law. Even the Swedish anti-pirate organisation admits to it in their home page. That hole will definately be closed with the new law though.

    58. Re:Question by DeepRedux · · Score: 2, Informative
      This point has already been litigated; the court ruled that there is no such right.

      There used to be a service called my.mp3.com that used a tool called Beam-It, to check if a customer had a CD. If so, they could download an MP3 of it. MP3.com claimed their service was a form of time-shifting, and therefore legal and fair use under US law.

      Universal took MP3.com to court and won. MP3.com was ordered to pay $250M to Universal. They could have been ordered to pay much more ($150K per CD, on up to 10K CDs, for a total of $1.5B), but the judge felt that MP3.com had acted more responsibly than other web startups.

    59. Re:Question by miratrix · · Score: 1

      Adding some more information - Copyright Act from the Copyright Board of Canada's website seems to make it pretty clear. Reading it, though, does open up a new can of worms. You could argue that copying an MP3 file from p2p network for private use also does not constitute infringement, though I've rather leave it to the courts to decide. :p

    60. Re:Question by mark-t · · Score: 1
      Is it okay to download mp3's of songs that I legitimately own on CD?

      No.

      Yes, actually.
      Can I claim fair use if I own the CD?

      No.

      Yes, actually.
      Can I counter sue?

      No.

      Only if you incurred any costs in showing them your legally owned copy of the media (although you may also be required to prove that you hadn't purchased it *since* the suit, which may require a proof of purchase receipt). If you can't prove this, then you're screwed.
    61. Re:Question by cpt+kangarooski · · Score: 1

      I mean that due to the way that computers work, you cannot be given the same bits someone else has, you instead are getting a copy, and at best the original is just getting deleted.

      As opposed to the real world, where if I have a CD, I can give it to you without inevitably retaining it for myself in some fashion.

      I wasn't trying to talk about whether a copy was made knowingly or voluntarily or anything.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    62. Re:Question by mark-t · · Score: 1
      No. It's only okay to download songs that you legally own.

      As you pointed out, it's *always* illegal to distribute them without permission from the copyright holder, however.

      It's also illegal for a store to sell cigarettes to a minor, but it's not illegal for a minor to smoke cigarettes.
      It depends on where you live. In my home city, it is indeed illegal for minors to smoke cigarettes. It's only a ticketable offense, of course... but still illegal.
    63. Re:Question by Anonymous Coward · · Score: 0

      "I'm fairly certain if you asked your radiostation to play local bands they would."

      Actually, *not*...at least for my biggest local station. A friend of mine used to DJ there. Back in the "old days" (early 80's) they were pretty much in charge of what they played, but since they were bought out by a "media conglomerate" company that owns stations in various states, their 'playlist' is now created by the marketing guru's at the conglomerate. Other than an "all request hour" maybe twice a week, the only time they play what they want is as a 'mis-cue' (oops, I 'accidentaly' played the wrong CD), and if they start to do it a lot they will be chastised or fired by management.

    64. Re:Question by stubear · · Score: 1

      This is one of the dumbest arguments I've heard concering the use of P2P and there are a number of dumb arguments to go around. If you own the CD why don't you encode the music yourself? You get the bitrate you want, the file format you want and you can encode the music from the CD you want. To answer your question though, no, it is not legal to download the music even if you own the CD. The only right you have is to encode the disc yourself for your own personal use, which you should have done in the first place.

    65. Re:Question by tomstdenis · · Score: 1

      hehehe learnt....

      teach me to watch the simpsons all day...

      Sorry guys. I should prof red my posts more...... :-)

      --
      Someday, I'll have a real sig.
    66. Re:Question by Illserve · · Score: 1

      You are a drunken, idealistic fool.

      Napster was guaranteed to happen no matter what the RIAA did. Do you honestly think people would have not bothered to pirate songs even it was so unbelievably trivial, just because the RIAA put up some well designed pay for tunes service?

      Not a chance in hell.

      Napster was waiting to happen and Fanning was the first lucky guy to stumble across it.

    67. Re:Question by eniu!uine · · Score: 1

      IANAL, but if it goes to court I'm sure you'll win if you have legally purchased the CD's(this is the impression I got when I read an interview with Oppenheim). Problem is you're probably redistributing the mp3's, which is another matter entirely.

    68. Re:Question by AndroidCat · · Score: 1
      I'm afraid that the FAQ about CD Levys page is very sloppy. He mentions subsection 1 which mentions where copying is allowed, but completely skips subsection 2 which says where it is not. Treat this page as a bit of crank page and handle with caution. See my post The Act in question for a look at subsection 2. 2(b) on distribution would seem to torpedo this idea, but hey, I could be wrong.

      As usual, you have to boil a politician's words down. I don't think she said that the levy meant that distributing copies wasn't still illegal, did she?

      --
      One line blog. I hear that they're called Twitters now.
    69. Re:Question by rmohr02 · · Score: 1
      Can I counter sue?

      No.
      Only if you incurred any costs in showing them your legally owned copy of the media (although you may also be required to prove that you hadn't purchased it *since* the suit, which may require a proof of purchase receipt). If you can't prove this, then you're screwed.
      IANAL, but couldn't you counter-sue them for libel/slander (them saying you did something illegal when you did not)?
    70. Re:Question by rmohr02 · · Score: 1
      It's also illegal for a store to sell cigarettes to a minor, but it's not illegal for a minor to smoke cigarettes.
      It depends on where you live. In my home city, it is indeed illegal for minors to smoke cigarettes. It's only a ticketable offense, of course... but still illegal.
      Has your home city passed any copyright laws?
    71. Re:Question by rmohr02 · · Score: 1

      IANAL, but I would assume that downloading something that is freely available on the internet is within my rights, as long as I don't violate a disclaimer or TOS on a website. p2p shouldn't be different.

      If the law says otherwise, then you would have to investigate every website you visit to see if that site has copyrighted material available without the copyright owner's permission, without actually downloading anything from the site.

      The responsibility should be that of the webmaster, or, in the case of p2p, the person uploading the file.

    72. Re:Question by rmohr02 · · Score: 1

      I think they're going after people who are uploading songs more than those who download them. If you own the CDs, bring them in to court with you, and claim you are space-shifting content that you own.

    73. Re:Question by Anonymous Coward · · Score: 0

      The problem is, the RIAA is going after ALL people that "swap" music, even if the person that's "swapping" is using the music THEY written and then produced themselves, on their own equipment. The RIAA will sue no matter what, they just don't like competition.

      If you want to know what a song sounds like request it from your local radio station, if you want a your radiostation to play "indie/newbie" groups petition them [or a NPR station] to play them. There are legal ways to sample a song before buying it. That will do no good because the radio stations just play the top 40 of the RIAA, and as for NPR just give ClearChannel a few years to bri^h^h^hLobby the Republican/Libertarians out there in Washington to get rid of the rest of the restrictions, once that happens, they will get rid of NPR.

      Sometimes, I just wonder how Naive you libertarian/republican dog-eat-dog/Survival of the fittest idiots are.

    74. Re:Question by Fred+Ferrigno · · Score: 1

      I thought the issue there was that even if you have the CD, you can't prove that you own it. The entire premise of the system is you put your CD in once and listen to it later. I believe the RIAA was afraid that people would swap legitimate CDs and use the Beam-It software to make "copies".

      Of course, this is much worse than what people can do already with a hundred blank discs and a friend's CD collection...

    75. Re:Question by evilWurst · · Score: 1

      1995? Are you nuts? 486s, $200 500 meg hard drives, $1000+ cd burners, $8 blank cds, 28.8 modems? MP3s weren't feasible for anyone at all until 1998, and wouldn't have been profitable until, say, 2000. I agree with you that the RIAA members totally missed the boat, but the boat didn't even exist yet in 1995.

      Napster had a head start no matter how you think about it. It was ahead of the general public's technology adoption curve, and it was free, guaranteeing it would be entrenched before it was possible for anyone to make money selling legit mp3s on the net. If iTunes had started in 2000 and Napster had been unrestrained, iTunes *might* be winning by now.

      In other words, I agree with your main points, but think you're a little too optimistic.

    76. Re:Question by SMN · · Score: 1
      You're leaving out some important details. I recall that MP3.com lost the case because they didn't own each and every one of the 10k CDs that they had put online.

      There still hasn't been any ruling to say whether it's illegal for you to download songs you own (I suspect not), or whether it's illegal for you to provide songs you own (probably yes, because 99% of the people downloading them are doing it illegally and that's no secret to you), or in particular whether it's legal for person X who owns CD Y, upon verifying that person Z also owns CD Y, to provide the MP3s of that CD to Z (which seems that it should fit fair use, but the verification step is tough and might not convince a court to back it).

      --
      -- Imagine how much more advanced our technology would be if we had eight fingers per hand.
    77. Re:Question by antiMStroll · · Score: 1
      This is why the RIAA hates the internet so much, and why they dropped the ball so badly as to allow P2P to start in the first place.

      RIAA has no rights over P2P, that's what the battle is about. The RIAA is an organization of non-citizens - corporations - twisting the legal system to delimit the flow on information between those who government is meant to represent. P2P is peer-to-peer transfer of data in the form of files, period. The RIAA wants all file transfers presumed guilty to halt trading of copies of their member's product to maximize profits (for all their blather and a decade of trading, none have gone out of business.) A victory for the RIAA is greatly outweighted by the long-term damage to society. The profits of a handful of non-essential middle-men distributors isn't worth giving up the free flow of information forever.

      If iTunes had been around in 1995, there would have been no Napster.

      More likely iTunes would have blunted the impact of services such as Kazaa, not stopped them. There will always be those who prefer free. Not gouging on CD prices would have had as much impact.

    78. Re:Question by antiMStroll · · Score: 1
      Both the uploader as a distributor and the downloader as a copier are individually breaking the law.

      More correctly, the downloader is "breaking the law where cpt kangarooski lives." Not in Canada. There are alternatives to subjecting the globe's information flow to the approval of the RIAA.

    79. Re:Question by grmoc · · Score: 1

      By that logic, playing a CD on a cd-player is also infringement because the CD player must make a copy in order to do an D->A.

      Anything timeshifted absolutely must without fail make a copy in some sense-- Thus, if you disagree that the bits stored in the D->A are insufficient to imply infringement, then certainly any cd-player with skip protection implies infringement.

      You have to be very careful when you start going down the road you just mentioned-- Nearly EVERY USE of copyrighted material can be construed as copying it.

      I can hear it already-- "Reading a book isn't copying" "Listening to live music isn't copying".

      BS.

      I can listen to a tune and whistle it-- thus reproducing it. If you assert that you cannot transfer data without copying it, then you must accept that ANY transmission WHATSOEVER -must- be infringement.

      This argument becomes truely ambiguous, and this is why the words of copyright law say something about "fixed in a tangible medium", or something to that effect.

      The real question becomes-- what is a tangible medium?

    80. Re:Question by c00lant · · Score: 0

      hahaha LOL, do you actually think Napster started it? Well they did start the network backlog and opened the floodgates for hapless sheep who need their Avil fix, however I was using mp3s around 1994, and we had a thing called IRC.

    81. Re:Question by Anonymous+Brave+Guy · · Score: 1

      In other words, EULAs are not black and white, and the decisions depend on circumstances. I rather suspect that copyright infringement cases should be the same; do you think a P2P network almost entirely used to propagate new free software distros and abused by a couple of people to move illegally copied MP3s should be treated the same way as a P2P network knowingly being used to move illegally copied MP3s almost every time it's used, with the occasional legal download the exception?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    82. Re:Question by Anonymous+Brave+Guy · · Score: 1

      Fortunately, there is a grey area between the extremes you describe.

      Often, laws are written using words like "reasonable", as in, you may use "reasonable force" to protect yourself and your loved ones when threatened. What is reasonable under specific circumstances is left for a court case to decide, typically by the opinion of a jury, which is about as representative of general standards as the legal system can get.

      In this case, it would seem fair that if you download an illegal copy of a file, but do so in good faith, you might be asked to delete the copy but should suffer no penalty. However, if you could/should (tricky choice) reasonably have known that the copy you were downloading was illegal, you become liable under the rules.

      Now, to me, the above would seem a reasonable basis for legislation in the Internet age. You require people to be reasonable (for example, if you're downloading a brand new album, you might reasonably expect it to be subject to copyright and illegal to download unless, for example, the band's home page says you can do so) and do not punish those who are. If a court decides you weren't, you get to pay the damages. Alas, the legal system is so far behind the real world in this area now that everybody is trying to go to extremes and overcompensate. Oops. :-(

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    83. Re:Question by Fred+Ferrigno · · Score: 1

      To back this guy up, it's called Minor in Possession and the severity and enforcement depends greatly on where you live. I'm more familar with it as it applies to alcohol and college parties, but in most places if they've got for alcohol, they've probably got it for tobacco.

    84. Re:Question by Anonymous Coward · · Score: 0

      Which is the reason I'm building up my mp3 collection to a ridicilous level right now, before the ne legislation comes in :-)

    85. Re:Question by cpt+kangarooski · · Score: 1

      Fair enough -- but /. is a US-centric board, so US law is often assumed.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    86. Re:Question by The+LowTech+Swede · · Score: 1
      No I'm not. I'm Swedish. I'll enjoy not being a thief while it lasts, thank you very much!

      /TLTS

    87. Re:Question by arkanes · · Score: 1

      It would have happened, but not on the scale that it did. It wouldn't have penetrated middle america, and p2p wouldn't be on the cover of Newsweek. It would be like file trading via IRC or the newsgroups - there, and active, but not the nationally known phenomena that p2p is.

    88. Re:Question by Anonymous Coward · · Score: 0

      This has interesting implications that the media industry as a whole is just starting to pay attention to. It's not just the "radio" that people are no longer listening to, with Tivo and the like TV commercials are now declining in viewage. At first the cable industry was poised to fight the "digital recorders" -- but now theylve gone to the if you can't beat them, join them.

      I'm curious as to what the overall "comercial" industry will do... Forced viewings of commercials?? Who knows... All I know is that I'm enjoying the lack of commercials while I can! :)

      --Michael

    89. Re:Question by Anonymous Coward · · Score: 0

      No, you're not.

      You've comitted copyright infringement.

      Yes, the two are different.

      If you disagree, please show me where anyone comitting copyright infringement was charged with theft for that - and only that - particular act.

      If it would fly, they'd do it.

    90. Re:Question by Overly+Critical+Guy · · Score: 1

      Um, they listented to what the music industry aligarchy wanted them to listen to. Bands without a label couldn't get widespread exposure (there are perhaps a dozen notable exceptions. Not much over the last 50 years).

      Please. That has nothing to do with p2p. The RIAA doesn't care if some indie bands put up a website with their own mp3s.

      This is why the RIAA hates the internet so much, and why they dropped the ball so badly as to allow P2P to start in the first place.

      You're simply making mental leaps to yet again paint the RIAA as the bad guy here. People are pirating music. What part don't you get? But of course, this has to become yet another "RIAA control" conspiracy.

      If iTunes had been around in 1995, there would have been no Napster. They don't give a shit about piracy (well, now the probably do, it's widespread enough to hurt), because they know all the same things that people post here - people downloading who wouldn't have bought the songs aren't customers. It's the decay of thier distribution network that scares them - if you can hear anything you want on P2P, you don't have to listen to the radio.

      People constantly claim this, and I have yet to see any inkling of truth in it.

      There are such things as Internet radio, you know. And mp3 clips, and so forth. The RIAA doesn't like p2p because of all the piracy going on.

      This means you aren't hearing what the songs they want to hype, and you aren't listening to the commercials for the products they want to sell.

      How is that any different from me simply turning off the radio?

      They did this to themselves, though, so it's pretty hard for me to feel sorry for them.

      Yeah, it's their fault you're stealing. Yet another attempt at justification for the obvious.

      Next.

      --
      "Sufferin' succotash."
    91. Re:Question by Anonymous Coward · · Score: 0

      Speak for yourself buddy, I have more than 10 friends. Why some people call them "imaginary" is beyond me though.

    92. Re:Question by recursiv · · Score: 2, Interesting

      I'm fairly certain if you asked your radiostation to play local bands they would.

      Hahahahahaha. I'm fairly certain you have no fucking clue what you are talking about. It's obvious that you have absolutely zero experience with the industry.

      That would be like me saying "Yes sir ma'am, I'm fairly certain the problem with your car is a blown out clutch box." Keep in mind that I have zero experience with cars, and don't know if there is such a thing as a clutch box. It's pretty misleading to say you're fairly certain about something if you don't know what you're talking about. It may well be true that you are 100% certain, but if you have no basis on which to make that claim, then it's pretty irrelevant, wouldn't you say?

      I, on the other hand, am fairly certain that it would be easier to set up your own pirate FM station then it would be to get your local radio station to change their playlist in any way whatsoever. You think people's requests affect what they play? You've got it backwards.

      --
      I used to bulls-eye womp-rats in my pants
    93. Re:Question by rmohr02 · · Score: 1

      I guess I was looking for a hard and fast law, but it makes more sense that it is flexible, as you say.

    94. Re:Question by Alsee · · Score: 1

      Is there some US case law I'm not aware of that supports the claim?

      It's kinda hard to find "case law" on it because no one ever tires to go after the downloader because there is absolutely no case against the downloader. It is impossible to make a copy of something unless you already have it. Only the uploader is capable of creating a copy so only the uploader is capable of infringing.

      I follow every story on slashdot about copyrights, and I've done quite a lot of further reading and research. Absloutely every case I've seen is against the uploader. The current story is stricty RIAA subpeonas against people offering files. The RIAA isn't going after downloaders because they can't. The RIAA often uses language insinuating that downloading is illegal, but they have a bad habit of suggesting that the law says what they would like it to say rather than what it actually does say.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    95. Re:Question by Anonymous Coward · · Score: 0

      some places things do roll uphill

    96. Re:Question by antirename · · Score: 1

      Your argument has a hole in it big enough to drive a truck though: you are assuming that the RIAA cares what the public thinks. They don't. Thier entire business model is based on telling the public what to think, and you think they'll listen to you? Good fucking luck.

    97. Re:Question by antirename · · Score: 1

      Ok, you and Tom go stand outside your local ClearChannel office and protest for a few weeks. Maybe get 998 of your closest friends to come with you. Demand that they add Frank Zappa to the playlist on a classic rock channel. It won't happen. I'd be willing to bet on it.

    98. Re:Question by antirename · · Score: 1

      Ok, I won't accuse you of being a schill for the recording industry, but you sure sound like one. Or maybe you live in a cave or something, as you obviously don't understand how tight a hold the RIAA members and companies like Clearchannel have on what is allowed to go over the airwaves. Try this for critical thinking: leave your pie-in-sky morality aside for a moment and think about the things that CAUSED ptp to explode, not the things that allowed that to happen. Getting the point now?

    99. Re:Question by Alsee · · Score: 1

      It is impossible to make a copy unless you already have it. Only the uploader is capable of creating the infringing copy. It is not illegal to recieve a free (or cheap) book that was made by someone who created an infringing copy, and it is not illegal to receive a free (or cheap) download from someone who created an infringing copy. The RIAA is ONLY could after the people giving out copies because those are the only people they can go after.

      Merely receiving a copy without making or causing to be made, that copy, isn't possible in the online world.

      You are reffering to "ephemeral copies". Legally they don't count, just like the copy you create in the air when you play music doesn't count. If they did count then computers would constantly be infringing on everything.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    100. Re:Question by Alsee · · Score: 1

      This point has already been litigated; the court ruled that there is no such right.

      You are repeating the RIAA's distortion of the case. The court ruled that MP3.com did not have the right to send the files. The people receiving the files would have been perfectly legal even if they hadn't owned the CD's. The people downloading the files are not responsible for figuring out whether MP3.com was infringing or not. You can't infringe by receiving something. Just like it's perfectly legal to buy a pair of sneakers for $1 from someone who isn't collecting sales tax, who is dumping toxic waste, who is paying their employees below minimum wages, and who is creating the sneakers on stolen manufacturing equipment.

      If someone else wants to break the law and give you a free or cheap product it's perfectly legal to accept it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    101. Re:Question by Anonymous Coward · · Score: 0

      Oh fuck, speaking of Intel...

      Completely off-topic.

      I just saw an ad for TV advertising... it went something like this (sorry, I only saw it once, and was so floored I couldn't believe what I was watching).

      "What makes the most powerful computer? blah blah blah. [The blue Intel P4 logo fills up the entire black screen.] Advertising on TV. It works."

      Something to that effect. Holy fucking shit. I nearly died laughing.

    102. Re:Question by Lanae · · Score: 1

      this is exactly what I meant in my other post. Others have mentioned how controlled the playlists are, etc. so I won't go on about it. It is all payola driven. Don't get me started on the trade of syndicate shock-jock shows for local DJs.

      As I recall, kids were just as sheeplike and superficial when I was growing up, most let the majority decide for them, what music they liked. However, this was when stations would still play relatively unheard of alternative, punk, prog-rock, etc. Especially local talent. So, we non-sheep could still tune in for free and hear something different. Not always good, mind you, but at least unique! :) I don't see that option for today's kids, without broadband & p2p/shoutcast.

    103. Re:Question by Anonymous Coward · · Score: 0

      Yes, actually.

      Can I counter sue?

      No.

      Only if you incurred any costs in showing them your legally owned copy of the media (although you may also be required to prove that you hadn't purchased it *since* the suit, which may require a proof of purchase receipt). If you can't prove this, then you're screwed.

      What if you borrowed it from your local library? Wonder what happens then.

    104. Re:Question by cpt+kangarooski · · Score: 1

      Well... I don't think there's much dispute about how file downloading constitutes the making of a copy. You're quite right though in that what constitutes copying can be taken too far. Congress agrees with you, and even noted in the legislative history of 17 USC 102 (which regards the fixation requirement that has to be met for something to be a copy) that RAM, or CRT displays, etc. weren't fixed enough to be a copy.

      The courts, however, following the MAI decision, have ignored that and held that even putting information into RAM was copying in an infringing sense.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    105. Re:Question by cpt+kangarooski · · Score: 1

      It is impossible to make a copy unless you already have it.

      Debatable. You don't already need a copy, you just need access to read one. The example that immediately comes to mind would be if there were copyrighted material on a billboard. I could stand a hundred yards away, have no control or possession of the billboard, but be able to copy enough of the work to infringe.

      You are reffering to "ephemeral copies". Legally they don't count, just like the copy you create in the air when you play music doesn't count. If they did count then computers would constantly be infringing on everything.

      Well no.

      I was pointing out that all operations by computers require the creation of additional copies. Some are ephermeal, some are fixed.

      But it doesn't matter. The MAI v Peak decision, which was wrong, which defied Congress' intent as well as good sense (e.g. copy in the air -- much like a copy in a mercury delay line -- much like a copy in volatile DRAM), basically did hold that computers are constantly infringing on everything. And worse yet, it's been followed quite a lot.

      So don't get your hopes up.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    106. Re:Question by Anonymous+Brave+Guy · · Score: 1
      It's kinda hard to find "case law" on it because no one ever tires to go after the downloader because there is absolutely no case against the downloader.

      That's one possibility. Another is that they want to go after the source because that prevents further distribution and acts as a better incentive to others.

      It's also much easier to identify and prove a case against an uploader than a downloader.

      Only the uploader is capable of creating a copy so only the uploader is capable of infringing.

      OK, so if someone cracks a system and as a result a copy of data from that system winds up on the cracker's hard drive, who has made the copy? Someone must have, for a copy has been created. It can hardly have been the sysop given that they weren't involved (at least voluntarily). That doesn't leave many options.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    107. Re:Question by Suidae · · Score: 1

      If someone else wants to break the law and give you a free or cheap product it's perfectly legal to accept it.

      For now. If you want it to stay that way, write your representative and make that clear.

    108. Re:Question by Anonymous Coward · · Score: 0

      If you get sued, go out and but the CDs (used, of course) and then contact a lawyer.

      DO NOT DO THIS. If you did this, then claimed that it was okay because you owned copies at the time of the alleged infringement, you would be perjuring yourself. ABSOLUTELY do not do that.


      You read in an extra step that wasn't mentioned - i.e. perjury.

      Buying the CDs may persuade the court that you're contrite and tried to mitigate any damage done.

    109. Re:Question by tomstdenis · · Score: 1

      Ok dude, I grew up when the inet was first getting really popular [early 90s] so I know how it is to live first without inet [actually I didn't have inet until '94] and second with inet [ooh baby!].

      I'm not a rampant music pirate.

      Don't get me wrong. I hate radio/mtv for playing the same BS over and over and over. That doesn't legitimize P2P pirating. That's like saying P4's processors are expensive so its ok to hack into a mega-server and "borrow"/"share" their time. You're not stealing something tangible [can't touch time] but it's just as wrong.

      Yes radio sucks, yes pop-teen music sucks. So do something about it. Don't but it. I think when Spears et al. gets on a stage and there is only 12 people in the audience she can successfully take a hint.

      So long as people attend her concerts by the 10000s they will rake in the dough.

      And also don't get me wrong. If the RIAA is suing legitimate users [or even non-users] I'd be the first person calling them up on it [well maybe the second]. But so long as they can prove their lawsuits I say they should go for it.

      Tom

      --
      Someday, I'll have a real sig.
    110. Re:Question by tomstdenis · · Score: 1

      Shut up. Theif is just the derogatory word people like to use. Copyright infringer is too long.

      The essence is the same though. You are depriving someone of an income to enjoy the fruits of their labour. Why you are not depriving them of their property [physical theft] you are depriving them of their rightfully earned wages.

      And if you don't think they earned the wages why listen to their music in the first place. You either listen to music you hate, you buy the music or you're depriving starving artists of their money.

      Tom

      --
      Someday, I'll have a real sig.
    111. Re:Question by coffee177 · · Score: 1

      Of course you feel that it wouldnt work. You go about it the wrong way. Instead of trooping down to Clear Channel I would get a list of sponsors and either send them a patition or troop down there. Let them put the pressure on clear channel.

      "Clear channel either plays Frank Zappa or we are going to start boycotting anyone that advertises on it".

      Listeners dont feed Clear Channel Sponsors do.

      coffee177

    112. Re:Question by Alsee · · Score: 1

      The example that immediately comes to mind would be if there were copyrighted material on a billboard.

      On the internet you can't see anything unless someone sends you a copy.

      The MAI v Peak decision, which was wrong

      Yeah, lousy ruling. I never read that case before, thanks for the refference. If I'm reading it right I think the judge contradicted himself...

      For refference I am reading from this source. Quoting from [36] the judge says the following and quotes another case:

      the software could be used through RAM without making a permanent copy. The court stated:

      RAM can be simply defined as a computer component in which data and computer programs can be temporarily recorded. Thus, the purchaser of [software] desiring to utilize all of the programs on the diskette could arrange to copy [the software] into RAM. This would only be a temporary fixation. It is a property of RAM that when the computer is turned off, the copy of the program recorded in RAM is lost.


      It looks to me like the judge stated a RAM copy was ephemeral and quoted a judge who repeatedly stated RAM copies were ephemeral. I can't comprehend how he claims that supports a ruling that loading into RAM is infringing. Sigh.

      It seems pretty obvious to me that the problems pretty much vanish if you just look at whether you have seperate instances of value. A program on a CD generally has no value until you "copy" it onto a harddrive. A program on a hard drive generally has no value until you "copy" it into ram. A program in ram has no value until you "copy" it into the CPU. And you can easily pass through a cache internal to the HD, a PC disk cache, a level 1 and level 2 motherboard cache, and a memory cache internal to the CPU. That's 8 levels of "copies", not even taking into account the possibility of it being a network drive or a multiprocessor machine. It's all a single chain of value. There should be absolutely not question of copyright coming into the picture here unless you actually have an external duplication of some level creating a seperate, independant, and simultaneous instance of value. If you use the software on two machines at once then it's a copy. But I'm probably preaching to the choir LOL.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    113. Re:Question by Quixadhal · · Score: 1
      Merely receiving a copy without making or causing to be made, that copy, isn't possible in the online world.
      Actually, it's very possible. All it takes is for someone to email you a copy of something that you didn't ask for. YOU didn't cause it to be made, but by your possession of it, you would be liable.
    114. Re:Question by Alsee · · Score: 1

      OK, so if someone cracks a system and as a result a copy of data from that system winds up on the cracker's hard drive, who has made the copy?

      Not an issue. If someone commits a crime and breaks into my house it's not my fault whatever he does. He broke into my computer, took control, and made it do something against my wishes and beyond my control.

      So setting aside other crimes coming into the picture, we are talking about people willfully sending a file. And they are willfully sending the file even if they set up an automated system like a P2P program to handle it for them.

      It's perfectly legal to into a record store and ask for a free copy of a CD. The record store can say no, or they can give me a perfectly legal copy, or they can create an infringing copy and give it to me. In no case is it a crime for me to ask for it and to accept it. And it's exactly the same if they set up an automated machine. The machine could spit out a perfectly legal copy (maybe they are doing it for free as a promotional gimmick), or the machine could spit out an infringing copy. Either way, it's only the store that may or may not be infringing.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    115. Re:Question by ukyoCE · · Score: 1

      in Richmond, VA there is a a good band that is good enough to have just won the contest to play in tour with Jewel...the Susan Greenbaum band if you're wondering. None of the stations in richmond will play her. One station (b103.7) used to, i believe, until clearchannel bought them.

      Want another example? Carbon Leaf. They won some big huge contest to determine the "best unsigned band in america". They dont get played on the radio stations at all.

      Need another? Fighting Gravity. They used to be played on the radio, but that just as the others, clear channel or someone like it put a stop to it.

      P2P has not hurt the major labels much if at all in sales, and yet it has boosted independent bands *tremendously*. That is what the RIAA is afraid of. Not their supposed 1.6% decline in sales (in the heyday of napster no less) during a recession.

    116. Re:Question by Anonymous Coward · · Score: 0

      I havent looked over the details again recently, but in the interest of fair use copyright infringement is generally only *commercial* use. Libraries, schools, and friends are free to copy stuff. However there are hundreds if not thousands of pages of rules governing these to the point that they are narrow exceptions. However I believe the Audio Home Recording Act is still in place and simple enough...it says people can make personal copies of tapes and even give them to friends, the idea being it is low quality and not likely to effect sales. P2P is the same way, although the law doesnt explicitly say so yet.

    117. Re:Question by cpt+kangarooski · · Score: 1

      No.

      Two of the factors in the fair use analysis are whether the allegedly fair use is one that tends to help the user profit, and whether it has a negative effect on the market for the source work. (AFAIK a positive effect is irrelevant)

      Libraries, schools, and friends, are MORE likely to be able to copy things per fair use than a commercial user, but fair use cannot be abused, and it NEVER is blanket permission to engage in a particular course of action. All of those people can get in trouble. Fair use is always just a possibility; never a certainty.

      As for the AHRA -- it does NOT apply to computer file sharing, probably doesn't include distribution of copies (just the making of copies), and isn't really relevant here. Unless Congress specifically takes action to extend it, it is not going to help computer file sharing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    118. Re:Question by Anonymous+Brave+Guy · · Score: 1

      So you think that if you walk into a store, knowingly ask for an illegal copy of a CD, which they then go and make at your explicit request, and accept that CD when it's given to you, you're completely innocent? If so, I suspect the legal system would disagree with you.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    119. Re:Question by cpt+kangarooski · · Score: 1

      When you recieved the email you were basically instructing your computer, even if you didn't know it, to copy information from the mail server.

      Unless you're saying that the bits on the mail server are the same bits -- as opposed to DIFFERENT bits in the same configuration -- as on your computer. Which can be clearly demonstrated not to be true b/c the mail server can retain its copy of the message independently from your copy.

      Computers make copies like we breathe; they can't help it. On a similar vein read the novel "Declare" by Tim Powers. Something similar is going on there where to think of a thing results in there actually being that thing, because they're indistinguishable.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    120. Re:Question by leviramsey · · Score: 1
      sony for example own madonna's maverick label.

      Uh, Maverick is under the Warner Bros. Records banner...

    121. Re:Question by leviramsey · · Score: 1
      think about the things that CAUSED ptp to explode

      A bunch of (primarily, in the early days) college students that were too cheap to buy CDs?

      I did an experiment not too long ago. I put MP3s of the then-top 100 songs according to Billboard, on a system connected to KaZaa. I put files from 1000 or so indie artists online. In a day, I had served up:

      • 500 downloads from the top-100 songs
      • 0 downloads from the 1000 indie bands

      This result correlates pretty well with other similar studies; the RIAA owned material dominates KaZaa just as much as, if not more than, it dominates the airwaves (at least the airwaves in Boston, where there's three major radio station operators, plus several indies).

      Getting indie music is the motive of, at most, a tiny proportion of P2P users,at least judging by their usage habits.

    122. Re:Question by Anonymous Coward · · Score: 0

      Morals are for suckers. The government and the corporate world have shown me that much.
      I've got a higher chance of dying in a car accident than I do of being subpeona'd. I'll take whatever the fuck I want and there isn't a damn thing anyone can do about it.

    123. Re:Question by Illserve · · Score: 1

      bullcocky.

      The only reason IRC trading hasn't penetrated to the middle market is that it's complicated.

      Napster is successful because of convenience.

      Besides, I bet 90% of the people using napster when it was still on the upswing (before the media coverage) didn't even realize it was illegal.

    124. Re:Question by grmoc · · Score: 1

      Exactly the problem.

      The line is less than grey, and will continue to get greyer and wider as time progresses and our memory-enhancing (harddrives, ram, etc) devices become more integral to our life (perhaps even integrated -into- our person).

      What will the court decide then? When a person has the ability to perfectly recollect something, will the ability to recount the experience of something exactly, person to person, be regulated as other things are?

      Again, it is a grey and wide line?

    125. Re:Question by DarkBlackFox · · Score: 1

      I was going to moderate here, but I feel this must be said:

      What about those CDs which are protected from playing in computer CD-ROM drives?

      http://www.macrovision.com/solutions/audio/syste m. php3

      Macrovision's CDS-100 system has been established to prevent CDs from being played or read by computer CD-ROM drives. Similarly, the next evolution, CDS-200, allows playback through a proprietary player but prevents copying to the hard drives.

      I know it's possible just to run the audio output from a standard CD player to the audio input of a sound card to record, but the conversion to analog and back again results in considerable background noise and a far from digital quality signal. That aside, 90% of consumers out there have no idea how to do that. If Joe Bob has a DRM encoded CD and wants to copy it to his MP3 player, what choice would he have? Try to figure out how to hook up his cd player to his computer to record a sub-digital quality recording, or simply grab it from P2P?

      Of course, the attempt at circumvention would fall under DMCA violation anyway, yet at the same time, be covered by already established fair use to make a copy for his own personal use, as stated in most license agreements.

      Therefore your argument falls apart, since more and more CDs are coming with this and other forms of DRM built in, completely restricting the digital encoding of the content, despite the right to fair use. Even at that, if you succeed in creating the copy/encoding for your own personal use, you're guilty of DMCA violation, and are screwed either way.

    126. Re:Question by Alsee · · Score: 1

      ask for an illegal copy of a CD

      First of all if I ask for a free CD they are perfectly free to give me a legal copy.

      If so, I suspect the legal system would disagree with you.

      Suspect all you like, but I defy you to find a single refference to back it up. I have been reading through US copyright law and everything I've seen is directed at the SOURCE of a copy. It is in no way a crime to go into a store and ask for a free CD. You probably won't get it, but if you do, lucky you. It could be a perfectly legal copy. If they made an infringing copy it is their problem. Just like it's not my problem if they pay their employees below minimum wage. If I buy or otherwise receive a copy there is absolutely no responsibility for me to check whether you have a licence.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    127. Re:Question by Anonymous+Brave+Guy · · Score: 1
      First of all if I ask for a free CD they are perfectly free to give me a legal copy.

      Of course they are, but that's not the analogous case. If we accept, for the sake of argument, that the uploader makes the copy, then P2P downloading of material you know is illegal to copy is analogous to going in and explicitly asking for them to make an illegal copy just for you.

      Suspect all you like, but I defy you to find a single refference to back it up. I have been reading through US copyright law and everything I've seen is directed at the SOURCE of a copy.

      I've read the relevant US law on numerous occasions during debates like this, and also similar legislation from the UK and one or two other places. You're not going to impress me by repeatedly telling me that you've looked at the words, sorry.

      More to the point, perhaps, is that I think you're twisting those words, possibly without noticing that you're doing it. Go back and read that law again. Does it refer explicitly to the "source" of the copy? Or do you mean that it applies to the person making the copy? If the latter case, note that it's not clear in the case of P2P distribution who is responsible for making the copy. As I noted before, there are cases where it must be the downloader (e.g., crackers), so it's not black and white. Find me a case that clarifies this issue, stating unambiguously that only the person uploading is ever responsible for the copy being made, and you'll have a good argument to defend the downloader.

      In the meantime, I gave some reasons that they are currently going after "distributers" rather then "end users" before, and I see nothing to refute those arguments. This in itself explains the lack of cases so far. However, the legal system is full of law that forbids being an accessory to X, an accomplice, etc. What makes you think nothing like that applies here?

      Just because no-one's been screwed over it yet doesn't make it legal, or mean that no-one ever will be. Most people don't get done for doing 35 in a 30, but the law clearly says they can be. If the authorities wanted to make a point, they could prosecute. It just happens that they generally don't, because they're more concerned about the guy doing 60 in a 30.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    128. Re:Question by efflux · · Score: 1
      Shut up.

      Your elocution astounds me.

      you're depriving starving artists...

      I have to call you out on this one. You're abusing a common expression. Please stop.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    129. Re:Question by Alsee · · Score: 1

      note that it's not clear in the case of P2P distribution who is responsible for making the copy.

      I'll grant that some people argue that the downloader is making the copy, but I'd consider it an abuse and an error for it to succeed in court. If you do something with a computer and you do the exact same same thing without a computer the legalality should be exactly the same. Coming to a different conclusion is an abuse. It should be quite clear that only the person in control of the original has the capability of making a copy.

      As for the downloader's legality in general, it is nearly impossible to prove a negative. In order for something to be illegal it has to be possible to point to a specific law or case against it. No one has ever been able to site a single case or law against the downloader. If you have a specific legal theory indicating it's a crime I'm all ears.

      If seen it claimed as a crime several times, but the person making the claim almost always points to the MP3.COM case and the RIAA statements about it. Those RIAA statements are a flagrant missrepresentation of the case. The court ruled that MP3.COM did not have the right to send MP3's to people who own the CD's. The RIAA issued a press release saying it's illegal to download MP3's even if you own them. The court said no such thing. The RIAA is trying to convince everyone that the law says what they want it to say. If they can convine everyone the law says what they want it to say then they can easily get a law passed to make it actually say that.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    130. Re:Question by Anonymous+Brave+Guy · · Score: 1
      If you do something with a computer and you do the exact same same thing without a computer the legalality should be exactly the same.

      I agree with you entirely on that point. I just place the responsibility differently, and see a different analogy between the on-line and physical worlds in this case.

      As I see it, downloading an MP3 you know to be in breach of copyright is analogous to walking into a shop and asking them to make you an illegal copy of a CD right there, or perhaps more accurately, to walking in, asking for them to make it, and then helping them to do so.

      As far as I'm concerned, asking someone else to commit a crime on your behalf, and knowingly allowing them to do so, makes you just as guilty as they are. The law may not regard you as committing the same crime (hence "conspiracy to murder", being an accomplice to things, contributory negligence and other similar legal concepts) but you sure as hell ain't innocent. This applies if you got into a shop and ask them to make you an illegal copy, and it applies equally if you download a file you know to be in breach of copyright.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    131. Re:Question by recursiv · · Score: 1

      Unfortunately for you then, clear channel is already pumping out exactly what the listeners want to hear. Not very many people really care about music. They will listen to whatever they are given without too much complaint as long as it is geared toward their demographic.

      As long as no one cares, CC & RIAA & co. may as well have people buy albums from their own artists that they created. There is a powerful force at work keeping radio closed. That is because it is 100% advertising. When they are not playing "traditional ads", they are playing ads for bands. That's what the songs are: pay-to-play advertisements for their current album. And since the label gets the majority of the proceeds from their sales, why would they want to spend valuable air time promoting an independent artist. I don't blame you for not knowing how it works, but I do blame you for not understanding the system after it was explained to you.

      No one cares what music they play anyway. As a result, no one who really cares about music spends much time listening to non-independent radio stations.

      --
      I used to bulls-eye womp-rats in my pants
    132. Re:Question by Alsee · · Score: 1

      If you think it's immoral to ask for a copy that will probably be infrining, fine. It seems you are assuming we are talking about a "bad person" and using it to conclude the answer should be that it's illegal. But there are important differences between immoral and illegal.

      You say we are talking about "asking them to make you an illegal copy". First of all you can only request files that are advertized. Secondly there is nothing about the request saying it should be done illegally. I'll grant that the majority of transfers are infringing, but many are not.

      You are placing legal responsibilty where it just doesn't fit. You can walk into a store, get a song, and it's most likely a legal copy. But there's a chance it's an infringing copy. There's no reasonable way for you to determine which. If you download a song on Kazaa it's most likely an infringing copy. Or it could be perfectly legal. There's no reasonable way for you to determine which. There's a full continuum of likelyhood either way under different circumstances. The best you can ever do is guess. Only the person in possession of the file is in a position to know if he is allowed to send it. He's the only one who knows what's actually in the file. Maybe I only want to download legal independant bands. If I don't recocognize the filename how am I supposed to know if I can download it?

      The situation is even worse with ordinary web browsers. All browsers ever do is to request files. Any given webpage can download several pieces of text and dozens of images. Any number of of them may be infringing. I recently saw a post where someone pointed out that an image on a spammer's website was probably infringing. I followed the link to see the website. By your interpretation I commited a crime because I asked the spammer to send me his website and I knew it would include the image and I knew I was "asking him to commit a crime".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    133. Re:Question by Anonymous+Brave+Guy · · Score: 1

      I understand your point, but I don't think it's as black and white as your description implies. If I go onto a P2P network and request a copy of a file whose name matches Madonna's latest single, then I could reasonably be expected to know that it is probably an illegal copy. That is the kind of behaviour I'm suggesting is both unethical and probably illegal.

      I'm not saying people should be committing a crime without having any way to know about it. That is clearly unreasonable. But your arguments are no excuse for someone who knowingly commits, or encourages commission of, a crime.

      I don't think it's wise to compare P2P with web sites, BTW. The mechanisms in use are different, and the way they are typically used is different as well. I would suggest that just visiting the web site in your example isn't a problem, but if you stored all of the content after you visited, including the image, then you should fall foul of the same rules as we were discussing above. Normal browsing is a very different situation, though.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    134. Re:Question by Anonymous Coward · · Score: 0

      Heh. Back in your day not all the radio stations were owned by the same company (or same three if you're lucky). Times change so quickly. Back even before that the DJs could play whatever they want. Not everyone lives close to a college radio station (or a country and bluegrass one for that matter). I like file sharing because music is getting better, even if the artists and the economy suffer. And I'd like to remind everyone out there that the U.S. economy depends on intellectual property. When it's as easy to download games and movies as it is to download music, then you might see yourself losing your job, whether you work directly in the industry or are just connected by seven degrees. Imagine if every company suffered like this, if every bit of research and development was considered free. The kind of jobs that require college educations and graduate degrees will dissapear without intellectual property laws (for the most part). Still I like good music and I hope trading survives in some form, even as just a promotional tool for up and coming bands and ones that don't care like Negativland.

    135. Re:Question by Anonymous Coward · · Score: 0

      because they're scratched. I need to buy a new copy of my cd which has one song that messes up? Not that I think this is the only thing file sharing is used for, I'm just saying that there are arguements against yours.

  9. i highly doubt any concrete action. by stonebeat.org · · Score: 1

    legal cost of going after individuals is too high.

    1. Re:i highly doubt any concrete action. by aronc · · Score: 1

      Not when you pay your legal team on salary.

      --

      jello.
      aka aron.
    2. Re:i highly doubt any concrete action. by grennis · · Score: 2, Insightful

      Not when you just send a letter and demand $3500 to walk away. It's called legalized extortion.

    3. Re:i highly doubt any concrete action. by djeaux · · Score: 5, Interesting
      legal cost of going after individuals is too high.

      This is probably true. But if RIAA can trot enough "criminals" through a legal mill, then they'll be able to justify a bigger surcharge on recordings, blank media, or even internet access. Like the "recording surcharge" already on blank tapes & CDRs, it would go straight to the RIAA coffers.

      And all these surcharges are exactly why folks are downloading instead of buying. Or to quote my 16 yr old daughter, "If new CDs cost five bucks, I'd buy them."

      As for me, if Columbia Records (to use a specific sig-related example) would let me purchase an annual subscription to download Bob Dylan concert recordings on a next day basis, I'd be sending 'em my money today!

      The real problem that the recording industry faces today isn't downloading, it's lack of imagination.

      --
      "Obviously, I'm not an IBM computer any more than I'm an ashtray" (Bob Dylan)
    4. Re:i highly doubt any concrete action. by Idou · · Score: 1

      I think you meant, "Not when you pay your legal team on commission."

      Yeah, I wonder how many parents are going to be sued for thousands of dollars before an angry mob takes over DC. The RIAA is randomly polarizing people against themselves. And, in a country where power is distributed so unequally, there is a good chance they will cross someone with the money and the will to take political action (either way, the politicians get rich . . .).

      However, if you are "little people," I might check out Howard Dean who is getting most of his money from poor slobs like us.

      --
      Sdelat' Ameriku velikoy Snova!
    5. Re:i highly doubt any concrete action. by Anonymous+Brave+Guy · · Score: 1
      It's called legalized extortion.

      You should go read that other article again. The judge ruled that it wasn't extortion. The $3,500 demand letters were sent with legal privilege because they were in connection with litigation, i.e., it wasn't just an idle threat to scare people out of their money.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:i highly doubt any concrete action. by whatch+durrin · · Score: 1
      Yeah...a democrat is the answer. Who do you think props up the entertainment industries?

      Did you read this Slashdot post? The proposed bill is supported by six democrats.

      --
      ***
      Radio Shack. You've got questions...we've got blank stares(TM).
    7. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      "Judge said so, it must be true!" And people wonder why the legal system is so funny.

    8. Re:i highly doubt any concrete action. by the+uNF+cola · · Score: 1

      True if things were one for one, but look at it this way.

      Via the media and word of mouth, they'll turn a behavior that would be classically conditioned to operantly conditioned.

      Background: Classical conditioning is when you do X, Y happens when the choice is proactively given to you. Operant conditioning is when the choice isn't, but you always have the opportunity to. Classic conditioning, you eat and hunger goes away. Operant, you wave hi to someone, they wave hi back.

      Anyway, for the one person they sue, they classically train him, never do that again. For those who are witness, they get operantly trained, "you do behavior X, Y is likely to happen."

      You can govern the success of that with just how many people don't trade for each person you sue.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    9. Re:i highly doubt any concrete action. by the+uNF+cola · · Score: 1

      For operant training, you more learn what the procedure is. So if you leaern, "you wave hi, someoen waves back hi", you'll learn that if someone waves to you, you reciprocate.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    10. Re:i highly doubt any concrete action. by Anonymous+Brave+Guy · · Score: 1

      Court said so, which means that legally, it is true essentially by definition, unless and until overturned by a higher court.

      Ultimately, somebody has to decide whether things are true or not where there is a difference of opinion, and has to decide what constitutes a reasonable and fair outcome to those involved in a disagreement. That is why we have a legislature and a judiciary. And in spite of the dubious motivations influencing your legislature at present, do you have a better idea?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:i highly doubt any concrete action. by fenix+down · · Score: 1

      Hint: Dean!=Democrats.

      The party in general hates Dean's guts. I'm not really sure if that's anything beyond that the party had just decided they wanted a Lieberman/Edwards kind of Republican-lite months ago. Dean is working from a fundamentally different place than the rest of the party. He's against gun control, which everybody's afraid is going to kill the soccer-mom vote for the party, even though Gore lost them to Bush in 2k. His campaign guys are mostly people that the higher-ups have been holding back for years. It'd be interesting if he manages to get nominated. He's not exactly jumping to shoot down the DMCA, but he's honestly your best chance at an anti-RIAA candidate. If you think Bush or Kerry or whoever is going to even recognize the acronym, you're deluding yourself.

    12. Re:i highly doubt any concrete action. by jodo · · Score: 1

      "they'll be able to justify a bigger surcharge on recordings, blank media, or even internet access"

      We all know there has been a "surcharge" tax levied by the federal government on blank recording media for years. Never mind that almost all my discs contain data, not music.

      My question is: What authority does the federal government have to cause the collection and distribution of money to private business [RIAA] from the sales of product by another? Where is this concept in the constitution?

      Do the feds do this, or something like this, for any other industry or special interest?
      And just how much money are we talking about? And do only RIAA members, not independents, receive this money?

      ---

      --

      "Don't Follow Leaders." Bob Dylan
    13. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      I suggest that, while it may be necessary to abide by these decisions in the interest of maintaining order, you continue to form your own opinions. Though it may seem increasingly surprising, it is still legal to disagree with the courts/government/etc. The theory here is that if things start going wrong in the government, people are allowed to (and ought to) realize this for themselves and take steps to correct it. Perhaps this "court said so" mentality is part of the reason that this theory seems to far from reality these days.

      Breaking the law may be wrong and punishable by whatever, but this is a good thing only if you're always thinking about whether the law itself is necessary and well implemented.

    14. Re:i highly doubt any concrete action. by etcreed · · Score: 1
      Sorry, I've gotta be a semantic off-topic bastard here. (on /., what? since when...?)
      Classic conditioning, you eat and hunger goes away.
      That's another example of operant conditioning. You eat, the negative stimili of hunger goes away. It's negative reinforcement--you'll be more likely to repeat the behavior in the future. Classical conditioning is where you associate an additional stimuli into the equation. For example, X=getting drilled at the dentist, Y=sound of the drill, Z=wincing from pain. X causes Z, while Y occurs every time X happens. Eventually, Y (Even though it doesn't really cause any pain--X does this), can still make Z happen. (sorry for the letters, I'm lazy...)
      The suing the one person is sill operant conditioning. They do a behavior (file-share), get a big 'ol conditioning lawsuit (positive punishment), and are thus less likely to repeat said behavior. Just a little technical correction, your main point was very insightful.
    15. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      they missed their chance on that.
      i will never give them money again.

    16. Re:i highly doubt any concrete action. by EvilSporkMan · · Score: 1

      I don't know if this is true any more, but a few years back there were "Music" CDs and "Data" CDs. Data CDs were cheaper. Guess why.

      --
      -insert a witty something-
    17. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      You should go read that other article again. The judge ruled that it wasn't extortion.

      If they legalized cold-blooded killing, I'd still be calling it murder.

      Extortion by any other name still reeks to high heaven (with apologies to William).

    18. Re:i highly doubt any concrete action. by the+uNF+cola · · Score: 1

      No, negative reincorcement is somethign that simply deter one behavior. Positive reinforcement promotes. It's independent of operant or classical conditioning. :)

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    19. Re:i highly doubt any concrete action. by etcreed · · Score: 1
      Negitive reinforcement promotes a behavior by removing an undesirable stimulus making it occur more. Positive reinforcement promotes a behavior by rewarding with a positive stimulus. Positive punishment deters a behavior by adding an undesirable stimulus (adding a lawsuit), while negative punishment deters a behavior by taking away a positive stimulus (a parent refusing a child their allowance).

      I did a quick Google Search for sources that back this up. This is a good example.

    20. Re:i highly doubt any concrete action. by the+uNF+cola · · Score: 1

      You made me get my textbook for this:

      "Classical conditioning, is a process by which a stimulus that previously did not elicit a response coms to elicit a response in a reflexlike fashion, after it is paired for one or more trials with a simulus that elicits a response."

      In this case, you get sued for doing something bad, you don't do it anymore. After all, getting sued isn't a desired behavior. It costs time, money and other valuable stuff.

      Eating may be a bad example since it can be considered instict, but you know not to touch a pot that was on a stove since it was hot and burned you ever ever again.

      "Operant conditioning is a proces sby which the consequences of a response increase or decrease the likelihood that the response occurs again."

      The increased (or decreased chance) you'll do something based off of the consequneces of a response...

      That's from "Psychology", Peter Gray. Second edition.

      ---

      "The term 'positive reinforcement' is used to idicate that a positive contingency or correlation exists between an organism's response or appearance of a rewarding stimulus"

      This ties to both operant and classical conditioning. Reward for doing good or good response for having done something. They both increase the liklihood of something happening on one's own accord or when presented the chance to chose.

      "Negative reinforcemnt -- that is, the removal or disappearance of some aversive stimulus response. Here 'aversive stimulus' referes to any stimulus that an organism dislikes or would atempt to avoid."

      Pain is the easiest one. Take a gun to your foot or cursinging someone out and getting pistol whipped... they are both exampels of classical and operant behaiors with negative responses.

      Both of those quotes from "Learning and Memory", Willicam c gordon.

      --

      Sorry.. I took psych through college :) Minor'd in it and everything.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    21. Re:i highly doubt any concrete action. by etcreed · · Score: 1
      You're right, eating was a bad example. And I'm sorry if I'm just being complete dense here, but here's how I'm seeing it: A person file-shares (let's consider this the behavior). They get sued (an unfavorable stimulus gets added to the environment). Their original behavior of file-sharing then no longer occurs (obviously decreasing the likelyhood that the behavior will be repeated). I'm really failing to see how this is not operant conditioning.
      "Operant conditioning is a proces sby which the consequences of a response increase or decrease the likelihood that the response occurs again." The increased (or decreased chance) you'll do something based off of the consequneces of a response...
      Isn't this exactly what's happening to that person?
    22. Re:i highly doubt any concrete action. by Anonymous+Brave+Guy · · Score: 1

      I couldn't agree more with everything you've said. It is vital that people consider the law, form their own opinions on its correctness, and advocate change where they feel it is appropriate. This is exactly how bad law should be fixed.

      However, this must be done with due respect for the law as it currently stands, and thus for the decisions made in courts. Without that respect, neither current law nor any changes to it are relevant, and that's a bad place to go.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    23. Re:i highly doubt any concrete action. by Anonymous+Brave+Guy · · Score: 1
      Extortion by any other name still reeks to high heaven (with apologies to William).

      How is that extortion? They feel they've been damaged, and they want redress. So they write to the people they feel have damaged them asking for that redress, and if that's refused, they go to court. Where's the unfairness in that?

      There may well be a problem here, probably in the fact that defending such a court action would be likely to cost those doing so even if they won, but the problem isn't the "extortion" of writing to demand payment of damages believed due prior to taking court action.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    24. Re:i highly doubt any concrete action. by geckofiend · · Score: 1

      Why the quotes around criminals? THEY BROKE THE LAW!

      Why is this such a hard thing for people to get their heads around? They're breaking the law. Just becuase you think a law is stupid doesn't mean it's ok to break it.

    25. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      They're breaking the law. Just becuase you think a law is stupid doesn't mean it's ok to break it.

      Actually, it does, so fuck off.

    26. Re:i highly doubt any concrete action. by the+uNF+cola · · Score: 1

      Operant is on chance that you'll do something over and over again... like the people who witness the arrest as it were.

      Think of the people on usenet, irc etc.. they prolly aren't scared at all and will likely continue sharing. People on things like, gnutella might. That's seems to be the nature of the RIAA. It's negative reinforcement since it is punishment against the behavior vs say, the RIAA giving money away for doing that as a one time thing, which would be positive.

      For the 800 file sharing people, they have been punished directly. If they do it again, they'll be punished directly. They have the tools and the resources. Will they do it again? prolly not unless they want the RIAA on their tails again.

      --

      Here's a better one. Think of women. We all love women. well.. unless you are a woman :) But whatever. You come home and surprise your lady with a rose. She kisses you and hugs you and makes you feel good in turn. That is opperant.

      Now if she asks you, "Do you think I'm fat?" That is classical. It's the dependency of if the opportunity is there before hand or if it is forced upon you.

      The RIAA had already made clear they would go after people. They did it anyway and look what happened.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    27. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      What about the $1 for 12 CD's with nothing more to buy ever deals coming out of BMG and Columbia House ( a Sony/Warner partnership now, i'm told)

    28. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0

      Dean says he wants to leave gun laws to the states and municipalities: People in the inner city don't want guns, but people in the countryside do.

    29. Re:i highly doubt any concrete action. by Anonymous Coward · · Score: 0
      Why the quotes around criminals? THEY BROKE THE LAW!

      Why is this such a hard thing for people to get their heads around? They're breaking the law. Just becuase you think a law is stupid doesn't mean it's ok to break it.

      There are criminals & there are criminals. If you've ever gotten a speeding ticket, you probably don't consider yourself a "criminal."

      RIAA has actually equated file sharing with bank robbery. Maybe that's true in aggregate, but for most individual file swappers, it's more akin to going 10 mph over the limit.

      Meanwhile, law enforcement is expected to pursue file sharers & the courts are supposed to process RIAA suits. It's not like we don't have a shitload of murders, rapists, dope (and people) smugglers running around...

      RIAA has no perspective. They look at aggregate statistics & use them to justify specific prosecutions? Gimme a break.

  10. And what if... by Anonymous Coward · · Score: 0

    ...I go buy the CD because I liked the song I downloaded?

    1. Re:And what if... by Trigun · · Score: 2, Insightful

      Then you had better have a hell of a lot of receipts.

      And a good lawyer.

    2. Re:And what if... by AntiOrganic · · Score: 1

      Well, then, you own the CD, and you shouldn't have any trouble claiming fair use on a CD you own, right?

  11. They already know by in7ane · · Score: 5, Interesting

    I'm sure they already know about Usenet and IRC and (insert other less prominent distribution methods here). It seems they are more concerned about scaring away the average person (who doesn't even know what Usenet is, or how to operate an IRC client) but just runs Kazaa or another easy to use Windows p2p client.

    It's clear that all piracy can not be stopped - the intent few will always pirate through more obscure networks regardless of the level of litigation, this is just a question of going after the most prominent network with the least tech savvy users.

    1. Re:They already know by tomstdenis · · Score: 3, Interesting

      That and its a hell of alot easier to get songs off WinMX, Kazaa, etc.. than it is off IRC.

      Back in the day I tried to get mp3s via IRC and let me say "in queue, 96 of 115" is a lousy thing to see on dialup.

      If they can get people to fear P2P networks there will be fewer sources for those geeks who feel it's their duty to uphold the network. Fewer sources means fewer songs available which in turn lowers the usefulness of the network.

      Sounds like they figured it out.

      What I can't figure out is Sony is part of this group against piracy but they sell CD-R mp3 players. I guess they assume everyone will mp3'ize their own audio cds? hehehehe.

      Let's see, you can cram about 200 mp3s on a 700MB CD. 200 mp3s [of stuff you want to listen to] amounts to maybe 3 songs per CD. That's 66 CDs. How many 12 year olds have 66 CDs lying around?

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:They already know by irc.goatse.cx+troll · · Score: 2, Interesting

      " That and its a hell of alot easier to get songs off WinMX, Kazaa, etc.. than it is off IRC.
      "

      Not for those in the know. On WinMX/Kazaa/etc you search only by filename, then slowly start downloading something that could end up being a 128kbps jstereo release of a different song that is mislabled.
      on IRC I can just ask if anyone has From_Zero-One_Nation_Under-2001-EGO from 04.07.2001 and one of them will FXP it off a site that always has more bandwidth than you do.
      now, if only something would come out that is worth downloading..

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    3. Re:They already know by EpsCylonB · · Score: 1

      What I can't figure out is Sony is part of this group against piracy but they sell CD-R mp3 players. I guess they assume everyone will mp3'ize their own audio cds? hehehehe.

      The rift and hypocrisy of sony is well known. I love it, on the one hand the electronics division is trying to give people easier access to music and the publishing side is trying to force copyright protection on us, hopefully they will really screw up and release a cd that won't play on the playstation or one of their cd players.

    4. Re:They already know by mutewinter · · Score: 1

      Download a copy of PeerGuardian, and hang out in some channel on EFnet or something. You'll get port scanned by the RIAA and other known "offenders."

    5. Re:They already know by mark-t · · Score: 1
      The thing to notce is that all of these "popular" P2P networks once started out as highly obscure.

      Any file-sharing network, no matter how obscure, will draw the attention of the public unless it is kept tightly closed and access to it restricted to a known few.

    6. Re:They already know by cybermace5 · · Score: 1

      I have a friend at work, who would not be considered the most computer-saavy. Older, knows enough to surf eBay and plink out AutoCAD drawings. Yet duplicating a CD is so easy, he's not even aware there might be a problem copying his CD for a friend, or vice versa. In his words, why would they all buy CDs for $15-$20 each, when one of them can buy it and copy it for the rest?

      This is what scares the RIAA most. CD duplication and MP3 sharing are so easy to use, that the average person can do it without a second thought. The act of copying a CD is viewed like a right that came with buying a CD burner and stack of CD-Rs.

      This controversy, until now, has not been widespread outside the computer enthusiast scene. For the average person who got a computer with a CD-RW drive, it would be like telling them their toaster is only allowed to toast one type of bread.

      The point is that YES, copying a CD for a friend IS FAIR USE. And THAT is what the RIAA is gunning for. Because...really, why would you and all your friends pay $20 for every CD, instead of one buying and distributing to a few others? The RIAA wants to hint to everyone that this is wrong, and then come in with legislation to back up "public opinion."

      --
      ...
    7. Re:They already know by antirename · · Score: 1

      I just bought (today) a Sony MP3/CD player for my car. How many twelve year olds have cars? Very few, I would guess. How many twelve year olds have 66 CDs lying around? A lot. A hell of a lot. That's a pretty small collection. However, here's the kicker: How many CDs did I buy with that new player? None. Zero. And I don't pirate music, I have a pretty good collection of stuff I already like and I support my local bands. I will not support or defend bloodthirsty cocksuckers that are ruining lots of people's lives to keep an outdated business model going. You shouldn't either, unless you like the results.

  12. Right to bear arms and tiranny of the Corps? by Yanna · · Score: 4, Insightful

    You know, I've been reading all morning the other threads over here about citizen's rights to bear arms.

    A pretty good argument is that armed citizens could defend themselves against a tiranny. How is that compatible with the current situation where corporations seem to have totalitarian powers over the US citizens? Granted, these corporations are not the US goverment, but the inaction of said goverment, either speaks of a very high degree of inefficiency or a very ingrained corruption.

    Doesn't this permanent attack of personal rights, erosion of privacy and draconian regulations equate a tiranny?

    1. Re:Right to bear arms and tiranny of the Corps? by tomstdenis · · Score: 1

      And just think if "file-swapping" [re: piracy] was not so popular there wouldn't be a need for this "tiranny".

      When verizon did to PA is just absurd. They should have their business license revoked and be sued for double the amount.

      That aside, if the RIAA is legally filing their court documents, more power to them. I hope they sue a dozen pirates [successfully] a day.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Right to bear arms and tiranny of the Corps? by in7ane · · Score: 1

      Do you suggest one construct a nuclear reactor using uranium ore purchased online, hook it up to a Gauss gun, and shoot the first RIAA lawyer that comes after you?

    3. Re:Right to bear arms and tiranny of the Corps? by LordNimon · · Score: 2, Interesting
      What tyranny? File sharers (i.e. those that share music to which they don't own the copyright) are breaking the law, and the copyrights owners are filing lawsuits. There's nothing wrong with that all.

      People who share their CD collections online know that they're breaking the law, they just think they'll get away with it. They're no different than people who drive over the speed limit.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    4. Re:Right to bear arms and tiranny of the Corps? by anorak52 · · Score: 3, Insightful

      "ingrained corruption"? The *entire* US political system is for-sale, & doesn't even try to pretend otherwise.

    5. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 5, Informative
      Granted, these corporations are not the US goverment, but the inaction of said goverment, either speaks of a very high degree of inefficiency or a very ingrained corruption.


      Inaction? The government is complicit, running a protection racket for the copyright industry. Audio Home Recording Act of 1992, DMCA, and the Sonny Bono Copyright Term Extension Act, are just three of the most obvious bits of tripe to pass the U.S. legislature in the last decade+1, and more legislation is pending now.

      If you are a U.S. citizen, get involved. Write your congressperson and tell him or her it's time to turn copyright protections back into what they were designed to be: a temporary grant of monopoly on the right to reproduce creative works in exchange for an ultimate benefit to the public domain, not a welfare program for multi-billion dollar industries and the great grandchildren of creative people.

      --
      Trouble making decisions? Just flip for it.
    6. Re:Right to bear arms and tiranny of the Corps? by wackoman2112 · · Score: 1

      Unfortunately, the Second Amendment to the Constitution of the United States (which states the right to bear arms) is hardly recognized anymore.

      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

      That's the exact text (weird capitalization preserved). However, we haven't had a militia for a century, and the government is introducing more restrictive gun control.

      --
      /usr/bin/complain > /dev/null
    7. Re:Right to bear arms and tiranny of the Corps? by Yanna · · Score: 1

      A tiranny is not defined by a single piece of legislation.

      The fact that corporations succesfully managed to get every piece of law in their favour is what is scary and totalitarian. The copyrights extension, the DMCA, the banning of encryption... I could go on and on. Now, all they need to do is enforce those laws that they "bought".

      I agree with you, copyright violations are wrong, but when the people become criminals for minor violations, one should wonder about the validity of these laws.

    8. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      I hate to break it to you, but 'the right to bear arms' doesn't protect your rights anymore. How long to you think a group of citizens armed with firearms would last against the military. Hmm ... not long. Face it you can either be a citizen of the USA, or a captive of it (or perhaps we are all both...).

    9. Re:Right to bear arms and tiranny of the Corps? by cioxx · · Score: 1
      If you are a U.S. citizen, get involved.

      It's too late - don't even bother. The machines have taken over, and there is little citizens can do at this point. All we need is a good bunker to hide in.
    10. Re:Right to bear arms and tiranny of the Corps? by tomstdenis · · Score: 1

      That's because you're supposed to be enlighten. The truth of the matter is quite simply this.

      You live in a democracy right? Who are *you* to tell the rest of society how to live? If the majority of americans hated the RIAA they wouldn't buy their stuff.

      The truth of the matter is the majority don't care and will blindly follow the hype. This is why people smoke, drink pepsi [I'm guilty of that], watch cable television and read books only Oprah subscribes to.

      So I would be very offended if you solely took up arms against the government because you decided by yourself that the government must change [or any other part of society].

      Fucking rednecks... I swear, if you stop marrying your sisters you won't have all them there brain defects!

      Tom

      --
      Someday, I'll have a real sig.
    11. Re:Right to bear arms and tiranny of the Corps? by nlinecomputers · · Score: 1

      That Amemdment has allways been a weird one to me. I never understood the point of first half. It doesn't define what a Militia is nor defines who gets to regulate it. It appears to be there as a reason to justify the second half which is very clear. No infringement. Of course we haven't been free since the War between the States. If a country founded on seperation can't allow the same to happen to it then it doesn't respect freedom.

      --
      Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
    12. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1
      It's too late - don't even bother.


      The RIAA loves you and your apathetic friends.

      I know you're being funny, but this "why bother?" attitude on the part of the citizenry is exactly what has been exploited by the corporations (RIAA, big oil and autos, pharmaceuticals and insurance, ad nauseum) and their congressional lapdogs to put us in our current position.

      --
      Trouble making decisions? Just flip for it.
    13. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Indeed it does. It's one of the reasons we have large groups of terrorists from around the world hating the United States and trying to commit violent acts against it. You and I both think logically and realize that using violence is evil, stooping lower than their level, etc. But terrorists have no compunctions whatsoever. I guarantee more than one person has thought of blowing up record company office buildings.

    14. Re:Right to bear arms and tiranny of the Corps? by gmby · · Score: 2, Insightful

      When people start getting anrgy enough to sniper the CEOs of these organizations; then the CEOs will think twice about what they do to the genreal public. But then again; I guess there will always be some greedy SOB to take his/her place. So nothing will change.

      --
      I don't want a pickle; I just want a Motor-Cycle! A four foot cop arrived with a five foot gun!
    15. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      You have to know when to fight and when not to. This is a time where the **AAs have to throw out the baby with the bathwater. Copyright laws aren't "going to be" ridiculous, they are already. There's nothing to prevent. It takes a high contrast between public opinion and the legal system before people realize how fucked up the situation is.

    16. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Depends how big the group is, doesn't it?

    17. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Read George Mason's Virginia Declaration of Rights, which is what the Bill of Rights is partially based and is available on the net. It has the same passage, only fully worded. The reason why the Bill of Rights 2nd amendment is worded like that is because they understood what it meant because it was common to speak of an individual in this way.

    18. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      I don't think so.

      For everyone who understands that there's a problem but knows they can't make a difference, there are hundreds of people who would fight the change because they don't like change and they don't (and never will) understand that there's a problem in the first place. Those are the people that the RIAA loves.

    19. Re:Right to bear arms and tiranny of the Corps? by cioxx · · Score: 1
      I know you're being funny, but this "why bother?" attitude on the part of the citizenry is exactly what has been exploited by the corporations (RIAA, big oil and autos, pharmaceuticals and insurance, ad nauseum) and their congressional lapdogs to put us in our current position.

      There is a good Russian saying (crude translation): "One soldier on the battlefield is not an army"

      What you see here is tyranny of the majority. Being a minority rationalist, one day I had to face the fact that I cannot change this nation and make everyone apply reason to their logic. It's a futile enterprise to try and salvage the sinking ship. People who think there is still a chance to turn this clusterfuck into something viable are outright fools.

      Don't you realize that RIAA is not a separate entity? It's an important wheel inside of the capitalist system we have in the States. P2Ps are a threat to this ecosystem and must be stopped at all costs from their perspective. Capitalist free market is a self-adjusting mechanism. It will purge these foreign objects by all means necessary to restore order. Whether successful or not, the fact still remains that you're trying to be a rebel in an environment where your ideology simply does not belong.
    20. Re:Right to bear arms and tiranny of the Corps? by cpthowdy · · Score: 1

      What? You haven't heard of the Michigan Militia!

    21. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      You and anyone who spent points to mod this up are idiots.

    22. Re:Right to bear arms and tiranny of the Corps? by wfrp01 · · Score: 1

      What tyranny? File sharers (i.e. those that share music to which they don't own the copyright) are breaking the law

      You're missing the point. The law is tyrannical.

      --

      --Lawrence Lessig for Congress!
    23. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      There is a good Russian saying (crude translation): "One soldier on the battlefield is not an army"


      There is another saying: "A journey of 1000 miles begins with a single step."

    24. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      The law is tyrannical.

      Bull. There are some tyrannical laws, certainly, and the length of current copyright is one of them, as well as the draconian provisions of the DMCA, but this particular action doesn't rely on any of that. Most of the music being swapped would be protected even under the original 14-year copyright term, and no technological copy protection is involved.

      This is a simple case of the RIAA doing what it should have done in the first place. The music industry *tried* to behave tyrannically, by attacking the tools rather than the lawbreakers, but that effort failed, so now they're reduced to filing lawsuits against individual infringers (note: not thieves), which is perfectly reasonable.

    25. Re:Right to bear arms and tiranny of the Corps? by abe+ferlman · · Score: 1

      A pretty good argument is that armed citizens could defend themselves against a tiranny.

      Sadly this is not the case. If it was, bazookas would be legal and sidearms would not.

      Btw it's "tyranny", but I feel ya.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    26. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      I think the point is that, in this case, that single step needs to be in another direction...

    27. Re:Right to bear arms and tiranny of the Corps? by wfrp01 · · Score: 3, Insightful

      I should probably be more specific. I'm speaking in the context of the current conversion - i.e. current IP law is tyrannical. E.G. - software patents, indefinite copyright extensions, goverment granted exchange carrier monopolies, a corrupt FCC, a corrupt ICANN, the DMCA, and on and on and on.

      Normally, I think one would like to let an informed populace, living in a democracy, correct the situation. But what do you do when the laws in question are advocated by and for the media, who's job is to educate the general population? Do you think Time-Warner is going to launch an expose on the harm to the general welfare caused by monopolistic corporations holding title to all manner of so-called "intellectual property" for indefinite periods of time? Don't hold your breath.

      It's a perplexing situation. A situation which by it's very nature indicates the value of p2p, anonymized communication, etc. These technologies are necessary to wrest control of our communications infrastructure from a self-interested oligarchy. Do you really think these people care solely about their patents and copyrights? Or do you see that perhaps they are also attempting to usurp the whole notion of end-to-end communication? The media giants cannot abide the notion that their world may crumble, so they're going to stomp on anyone who threatens to undermine their control of our communications infrastructure.

      That is tyranny.

      --

      --Lawrence Lessig for Congress!
    28. Re:Right to bear arms and tiranny of the Corps? by wackoman2112 · · Score: 1

      The Michigan Militia is different. The Founding Fathers meant for the militia to be instead of the police.

      Check out this page and read the information under General.

      --
      /usr/bin/complain > /dev/null
    29. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Yes. Larger groups are easier to hit.

    30. Re:Right to bear arms and tiranny of the Corps? by wfrp01 · · Score: 1

      Most of the music being swapped would be protected even under the original 14-year copyright term

      I wonder about that. Most of the music I would like to get my hands on is music I once purchased. I'd like to listen to old songs I have on old vinyl that is warped, scratched, etc. All of this is more than 14 years old.

      I really have no idea what people trade on p2p.

      Ironically, as passionately as I feel about the subject, I've only even looked at p2p clients once or twice. I don't use them. Why? Because the purposes for which I'd like to use them are illegal. Yes, that's right. As strongly as I disagree with the law, as vociferously as I rail against it, I obey it.

      Using a p2p client to download a copy of a song which I purchased many years ago should not be illegal. It shouldn't be illegal whether I previously purchased the song before or not. If the song reaches a certain age, it should revert to the public domain. Congress has broken the public trust. The people responsible for this misdirection should be handed their walking papers.

      --

      --Lawrence Lessig for Congress!
    31. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 2, Insightful
      Russian saying... tyranny of the majority... minority rationalist... futile enterprise... wheel inside of the capitalist system... self-adjusting mechanism... purge these foreign objects... ideology simply does not belong


      So, you've overintellectualized your apathy. I'm not impressed.

      You are partly correct. The "tyranny of the majority" you describe is the tyranny of the disengaged. We are not governed by the intent of a majority of citizens, but by a majority of a voting minority. If you are not actively working toward the solution, no matter how much armchair anarchist blather you coat it in, you are still part of the problem. It is the fault of every non-voter that we have the mess we have. The corporate insterests and congresspeople on the take are just taking advantage of a good situation.

      As for the self-adjusting free market, we are not talking about the free market here. We are talking about an interventionist government tampering with the market. A free market does not have levies on recording media and protectionist legislation for industries with unsustainable business models. This is a simple case of government for hire.

      Here is a simple fact: Corporations do not vote, citizens do. All the industry largesse in the world would be for naught if the population took their duty to their government seriously. The problem is that vague issues like copyright are meaningless to the majority of citizens. Advances in communications technology are making them important and these issues are now galvanizing an immense number of previously apathetic citizens.

      If you are not willing to take advantage of our position and fight against the corporate oligarchy, then you are worthy of only derision. You are the reason our country is sold out to the highest bidder.

      --
      Trouble making decisions? Just flip for it.
    32. Re:Right to bear arms and tiranny of the Corps? by Kneo24 · · Score: 0

      You're right, there's nothing wrong with protecting your revenue interest, but the issue is much deeper than you make it out to be.

      Here we have an organization repeatedly talking about protecting artists, etc... all the while they screw them over and over again.

      On top of that, they're always itching to have draconian standards as laws so they can get EVEN MORE power!

      And if that isn't enough, the majority of their claims about piracy are completel lies! They've lied to the government many times about this whole situation and it's not doing jack shit about it.


      While some people may be pirating for no good reason, I'm willing to bet the majority have a valid reason for breaking the law.

      There's some songs that are very old that you can't buy in stores anymore, or anywhere else for that matter. How do you propose people get them?

      Or what if you bought a CD and sometime down the line it doesn't work anymore? How you are supposed to recover that if you didn't back it up first? I've lost many CD's long before burners came out.

      Or hey, maybe the person is doing this stuff in protest to the RIAA's actions. IMHO, breaking the law is prefectly a viable option as a form of protest when it comes down to protecting your rights.

      This will describe A LOT of the p2p users.

    33. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Audio Home Recording Act of 1992: Bill Clinton

      DMCA: Bill Clinton

      Sonny Bono Copyright Term Extension Act: Bill Clinton

      If a Republican had signed all of these bills into law it would be evidence that he is owned by corporations, but since a Democrat signed them all we must try to skirt that fact, just like never mentioning the party of Howard Berman.

    34. Re:Right to bear arms and tiranny of the Corps? by FuzzyBad-Mofo · · Score: 1

      Illegal traders (i.e. those who sell tea to colonists without tax revenue for the British empire) are breaking the law, and the empire will be enforcing it's right to taxation. There's nothing wrong with that at all.

    35. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      I do not want to sound apologetic, but English is not my native language (and I was too lazy to use a proper spell checker)... But I stand corrected :-)

    36. Re:Right to bear arms and tiranny of the Corps? by Stoutlimb · · Score: 1

      "If you are a U.S. citizen, get involved. Write your congressperson and tell him or her it's time to turn copyright protections back into what they were designed to be:"

      Ok while you're at it, write Kim Jong Il, and ask him to stop making nuclear weapons. Then, you can write your local Mafia, and ask them to stop extorting people and promoting the drug trade. Then write Saddam Hussein, and ask him to give himself up, so that there can be peace in Iraq. And while you're at it, why not write Bill Gates a letter, and explain to him why he should give windows a GPL licence.

      That sure would be nice.

    37. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Suing/bankrupting/fucking up the lives of potentially thousands of individuals for downloading a few tunes is bound to push a few of their 'victims' over the edge... and with guns so easily available in America, there could well be some violent retaliation against the 'tyrannical corporate regime'...

    38. Re:Right to bear arms and tiranny of the Corps? by Stoutlimb · · Score: 1

      "Here is a simple fact: Corporations do not vote, citizens do."

      Adding to that fact, the only thing corporations do is ensure that their choice of candidate gets bucketloads of money to get the word out, while their opponents remain dirt poor. Money trumps.

    39. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1

      Nice troll. Perhaps you can explain to me what Kim Jong Il, the Mafia, Saddam Hussen, and Bill Gates have to do with my participatory government? If you mean to insinuate that all these communications would have equal likelihood of success, then explain to me how and why anyone gets elected to any office in this country.

      --
      Trouble making decisions? Just flip for it.
    40. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1

      Granted, and taken as my starting point, not conclusion...

      It is still not a justification for apathy, but reason to work harder to change the system if you are unhappy with it.

      You and your cynical ilk would do well in Congress. You should think about running...

      --
      Trouble making decisions? Just flip for it.
    41. Re:Right to bear arms and tiranny of the Corps? by EpsCylonB · · Score: 1

      At last, a yank that admits that idependance was all about tax. I can't believe some of the shit you hear, "british soldiers used to rape our women", all soldiers do that, go look up the my li massacre.

    42. Re:Right to bear arms and tiranny of the Corps? by Stoutlimb · · Score: 1

      They have everything to do with your congressman. Each one is involved in a system that has very little to do with the opinions of the masses. Some, like Bill Gates or Saddam Hussein or your congressman PROCLAIM to have support of the masses, but in fact it's more of a coercive relationship in one way or another. Sure your congressman got elected by the people, but it was the corps who get to chose the slate.

      Writing letters to these kind of people has absolutely no effect. If you're lucky, some might pretend to listen to you, or even pretend to improve things (windows update patch, ineffectual law, etc..) but in reality nothing changes because people at large are not in the loop, and never will be.

      Call me a cynic and tell me to go away.

      Or accept the truth, and then start doing things differently, to effect REAL change. Hint: Letters ain't it.

      Bork!

    43. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1
      Writing letters to these kind of people has absolutely no effect. If you're lucky, some might pretend to listen to you, or even pretend to improve things (windows update patch, ineffectual law, etc..) but in reality nothing changes because people at large are not in the loop, and never will be.


      Even bread-and-circus gets us bread and circuses. There are plenty of things done for the people who elect the congress (and most lower offices). The problem is the set of big money peripheral issues that the populace at large tends to ignore so long as they have cheap oil and Sunday night HBO. If the voters did pay attention to this issue, there would be representatives to take advantage of that support just as there are with medical malpractice, the environment, etc.

      Or accept the truth, and then start doing things differently, to effect REAL change. Hint: Letters ain't it.


      Then clue me in, oh enlightened one. You have obviously attained a level of understanding of the true nature of our political reality far beyond my own.

      --
      Trouble making decisions? Just flip for it.
    44. Re:Right to bear arms and tiranny of the Corps? by KiDas · · Score: 1

      Very well said!

      --

      A distinctive mark, characteristic, or sound indicating identity
    45. Re:Right to bear arms and tiranny of the Corps? by jon787 · · Score: 1

      An armed revolution is a very drastic course of action to resort to and not something to be taken lightly, but only after exhausting the other methods of bringing about change. I'm not sure the people who advocate such an action completely understand the consequences of it.

      --
      X(7): A program for managing terminal windows. See also screen(1).
    46. Re:Right to bear arms and tiranny of the Corps? by Stoutlimb · · Score: 1

      "Then clue me in, oh enlightened one. You have obviously attained a level of understanding of the true nature of our political reality far beyond my own."

      I think the only part of my understanding that's past yours, is recognizing what doesn't work to change the big issues. (Letter writing.) Beyond that, I havn't a clue, other than some suggestions that would be more of a stab in the dark rather than educated opinion.

      But knowing what the viable alternatives are is hardly a prerequisite for noticing that letter writing has little or no effect.

      I don't have all the answers. I just know what doesn't work.

    47. Re:Right to bear arms and tiranny of the Corps? by 0111+1110 · · Score: 1

      Have you ever "written your congressman" and gotten him to change his views and his vote? Just curious, because I've never heard of this actually happening. Voting is a different story, but that only applies at election times, and even then, you can't change the candidates. All you can do is vote for the Libertarian if there is one running. Although on this issue, Libertarians may not be of much help. Should we wait for a "pro-P2P" candidate? We could be waiting a very long time for that.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    48. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      not a welfare program for multi-billion dollar industries and the great grandchildren of creative people.

      You can call copyright law that, but still there are many authors who make measly amounts of money even with copyright. Also, what you cleverly call "Copyright Industy" is really just any industry that are creating new original content - no an industry that is creating rights. I don't think Copyright law is evil, but the duration of protection is rather arbitrarily chosen and given the current technological advances the current copyright laws are no longer practical.

    49. Re:Right to bear arms and tiranny of the Corps? by antirename · · Score: 1

      So you're saying that you agree that the RIAA is using evil methods (a tyranny) to control what the population listens to. You're also saying that in your opinion this is justified and acceptable. How much do they pay you?

    50. Re:Right to bear arms and tiranny of the Corps? by antirename · · Score: 1

      Here's the deal, kid: I have learned from experience (you'll get some of this too as you get older) that legel != right and illegal != wrong. This is especially true when it is really large tyrannical corporations writing the laws. If I think a law is wrong, I SIMPLY DO NOT OBEY it. This is what most rational people do. If Mcdonald's had a law passed in Canada that said "Tom St Denis is a pain in the ass and should not be allowed to breathe as he is an annoying troll", would you dutifully drown yourself?

    51. Re:Right to bear arms and tiranny of the Corps? by antirename · · Score: 1

      Yes... but shoot it more than once to make sure you killed it.

    52. Re:Right to bear arms and tiranny of the Corps? by 0111+1110 · · Score: 1

      They're no different than people who drive over the speed limit.

      Which happens to be the majority. Are you one of those annoying people with a line of 40 cars behind them on secondary roads and who drives in the left lane on highways at 50mph? Never mind the fact that some states have laws that require you to pull over when there are more than a certain number of cars behind you. So both types are breaking the "law".

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    53. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Yeah well despite Bush, Rumsfeld and Ashcroft people aren't defending themselves at all with their guns. They do, however, use them to rob 7-11, kill their classmates and leave it easily accessed for their kids to find.

    54. Re:Right to bear arms and tiranny of the Corps? by tomstdenis · · Score: 1

      Ok first off, major corps run your country [and Canada too] because not enough people get up and say "wtf? No!". If people were really altruistic they would get in office and arrest all bribery criminals. They would not vote for laws that are not in good faith, etc.

      The truth of the matter is they are greedy. It isn't enough that they get paid 100K/y or that they have a cushy job. They must all line themselves with bribe [er lobby] money. I mean in Canada our senators only show up in office a few days a year, the MP and MPPs voted for their own raises [despite not actually achieving any of the goals in their election campaigns].

      Frankly democracy doesn't work. In reality when you hold office your accounts should be frozen and be given food stamps until the end of your tenure. That way no company would bribe you because at the end of your tenure your not in power.

      However, that will never happen as people are fundamentally greedy.

      That being said who are *you* an individual to challenge the law? Sure you can challenge it by yourself, you cannot disobey it and it will certainly not change if you are a minority. If you disagree with the law form a movement where a majority can change the ways.

      Your irrational bit of McDonalds doesn't make sense. But that being said you have a fundamental right to life under most country constituions and UN charters.

      Not only that but we are talking about music piracy here aren't we? If you dislike the BS on the radio, complain to the stations, stop buying the CDs, going to the concerts, etc....

      Tom

      --
      Someday, I'll have a real sig.
    55. Re:Right to bear arms and tiranny of the Corps? by geekee · · Score: 1

      " You know, I've been reading all morning the other threads over here about citizen's rights to bear arms. A pretty good argument is that armed citizens could defend themselves against a tiranny. How is that compatible with the current situation where corporations seem to have totalitarian powers over the US citizens?"

      It's amusing that you brought up the right to bear arms and so-called totalitarian powers of corporations. The NRA probably has more power than any other lobby group in Washington. The reason is it's composed of a huge number of VOTERS. Corporations don't run America, voters do. That's why gun legislation is impossible to pass. Lobbying only works on issues the average person doesn't care about. A politician won't take money to support an issue that will cost him more votes than he can gain using that money. That's the economy of politics.

      --
      Vote for Pedro
    56. Re:Right to bear arms and tiranny of the Corps? by EvilSporkMan · · Score: 1

      No, no...shoot it at a TRUCKFUL of RIAA lawyers.

      --
      -insert a witty something-
    57. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1
      Have you ever "written your congressman" and gotten him to change his views and his vote?


      It's hard to say, isn't it? With my current congressman, I have found him to share my views on most all but the tech v. copyright issue, to which I get the usual "I'll keep your views in mind" response. I will say that he has been the most communicative and accessible of any rep I have attempted to contact.

      The bottom line is that these people make their decisions in accord with the will of their constituency or they don't get elected, so if the constituency doesn't communicate, then they will only vote for what the lobbyists tell them to, assuming silence is consent. If they know that a significant part of their voting block won't check their ballot next time based on this communication, then they'll think twice before voting against that will.
      --
      Trouble making decisions? Just flip for it.
    58. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1
      I think the only part of my understanding that's past yours, is recognizing what doesn't work to change the big issues. (Letter writing.)


      And how have you come to this knowledge? How do you think these people learn the will of their consituency?

      I'll agree that if I'm just one guy in S. Florida* expressing these views, then I'm not going to get any satisfaction. My point is that if all the people who realize how these issues affect them and are currently disengaged because they don't think the system can work for them would actively communicate with their reps (and hold them accountable in the voting booth) then the representative system would work better than it does now. If we do not speak out, we deserve the unlubricated screwing we receive...

      * = Think about that. If there's anyone who should be disillusioned, it's me! :-)
      --
      Trouble making decisions? Just flip for it.
    59. Re:Right to bear arms and tiranny of the Corps? by aborchers · · Score: 1

      "Copyright Industy" is the term used by my congressman, and clearly indicates how the content side of this issue is perceived by a significant number of the legislature. Considered in light of the entities pushing agenda, it is an industry of copyright ownership, generally having little to do with creation and frequently abusing the creators of original content.

      Other than that, it sounds like we share opinions on the matter. I believe that copyright law is good and valid in principle. It has just been stretched beyond practicability and is currently being used to create a sort of corporate paramilitary unbeholden to the constraints of due process.

      --
      Trouble making decisions? Just flip for it.
    60. Re:Right to bear arms and tiranny of the Corps? by Joey+Vegetables · · Score: 1

      Ask any minority whether we live in a tyranny. You might be surprised to hear the answer.

    61. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      Not when RIAA can buy machine-guns and mortars it don't.

    62. Re:Right to bear arms and tiranny of the Corps? by Anonymous Coward · · Score: 0

      You expect these sheep to actually be moved to do something? Right.
      I'd say "when pigs fly", but many of them are fat pigs and fly on planes.

    63. Re:Right to bear arms and tiranny of the Corps? by cpthowdy · · Score: 1

      Sorry, I was just kidding about the Michigan Militia... they really aren't to be taken seriously :)

  13. Sorry to say it... by benjiboo · · Score: 4, Insightful

    But from the RIAA's point of view, this is probably the best tactics they could adopt (assuming all PR efforts have gone out of the window.) They will always be one step behind trying to compete on technology, and if they stick to the biggest offenders then this gives the smaller guy the idea that they are safe. As P2P networks are constituted of many smaller traders, worrying those seems to be the most efficient way of making a big impact.

    --
    Vacancy for signature. Apply within.
    1. Re:Sorry to say it... by TopShelf · · Score: 1

      I would imagine that there a large number of people using P2P who simply leave their music folders open for sharing, and thus could constitute fairly large (100's if not 1,000's of MP3s) traders. Now that they've got the mechanism in place to track users down, they should be able to put enough fear out there to reduce the number of P2P users significantly. At a certain point, the RIAA doesn't gain as much in pursuing this matter. But when millions of MP3's are constantly being traded, there are some low-hanging fruit for them to grab...

      --
      Stop by my site where I write about ERP systems & more
    2. Re:Sorry to say it... by Anonymous Coward · · Score: 3, Insightful

      The most efficient way to destroy a "black market" (what kazaa et al really are) is to undercut it.

      Seriously, when 80-90 percent of the market at least visits the black market you know you've been very bad. The problem with the black market is that there are lots of "ethically challenged" retailers, so people get inferior products every now and again, which gives virtually every black market a horrendous reputation (just read the other comments).

      They will need to lower prices to, let's say that 5$ price point for a new cd. Make easy unencumbered online distribution a reality on most pc's, as to eliminate the convenience.

      Then "official" sources of music will once again be a more luxurious product than kazaa (which is a freaking bitch to use btw, one can't but conclude the price is a LOT over the top).

    3. Re:Sorry to say it... by anthony_dipierro · · Score: 1, Insightful

      You can't undercut Kazaa by lowering prices. Kazaa is virtually free, and without any law enforcement it would be even more free time-wise. The only way the RIAA can compete with Kazaa is by driving up the costs of using Kazaa. They can do this by filling the network with looped crap, and they can do it by reducing the number of uploaders through threats of lawsuits. Remember, as the number of uploaders goes down the looped crap goes up as a percentage.

      Then "official" sources of music will once again be a more luxurious product than kazaa (which is a freaking bitch to use btw, one can't but conclude the price is a LOT over the top).

      Kazaa is a bitch to use precisely because of the things the RIAA has been doing. If napster were still around it would be a cinch to use by now. If the RIAA weren't filling up Kazaa with looped crap it would be much more useful. If the RIAA weren't threatening large traders, you'd be able to get much better transfer rates most of the time. Now the RIAA is taking the next logical step. They're never going to "win" completely, but they can drive up the costs in terms of inconveniences to the point where the only people trading are those who wouldn't have bought the CD anyway.

    4. Re:Sorry to say it... by Anonymous Coward · · Score: 0

      > They can do this by filling the network with looped crap

      Didn't they already do this to commercial radio?

    5. Re:Sorry to say it... by EvilSporkMan · · Score: 1

      It's inconvenient to tell my friends to burn their songs to MP3 CD, make a copy or two, and bring them with the rest of their CDs to parties and stuff? Sneakernet is the next big thing...

      --
      -insert a witty something-
  14. Go Indonesia !!! by Anonymous Coward · · Score: 0

    RIAA can go fsck themself
    Microsoft can go fsck themself
    DMCA can go fsck themself

    you peeps need to start a revolution nd throw down your greedy regime

  15. You Can Indeed by n0nsensical · · Score: 1

    Can I claim fair use if I own the CD? Can I counter sue?

    Well, you can. But that doesn't mean a judge is going to listen to you. :-)

    1. Re:You Can Indeed by AndroidCat · · Score: 4, Insightful
      I saw a nice quote about the Federal court system, but I think it applies to any court system, so I'll mangle it a bit:

      Justice is a vending machine that only takes $10,000 coins, usually a lot of them. And sometimes the chocolate bar still gets stuck.

      --
      One line blog. I hear that they're called Twitters now.
  16. Fine. by Valar · · Score: 5, Funny

    If you're going to act like that, see if I ever pirate your music again.

    1. Re:Fine. by joebeone · · Score: 1

      should be: "[...] see if I ever infringe your copyrights again." (unless, of course, you find yourself raping, pillaging, saying "arrr!" and sporting nasty-ass Johnny Depp dreadlocks)

  17. IRC is not a haven by strider3700 · · Score: 3, Interesting

    For all you guys saying IRC is where you'll make your trades, you should know it won't scale and they do monitor it. My buddy received a warning from his ISP that someone had asked he be tracked down due to file sharing on an IRC channel. The kicker is he was sharing and didn't know it, someone had taken over his win 2k box and was running a bot on it to share movies. It's been almost a year so I don't remember the name of the kit but It took about 10 seconds of hunting on google to get info about it once we located it.

    On a related note, I've been running Freenet for awhile, and the new version is pretty good. Although the flood of new people thanks to the slashdot post did slow things down for awhile, it's faster then ever now.

    1. Re:IRC is not a haven by seelet · · Score: 0

      im sorry sir but your friend should not be using a computer he is a moron for not monitoring his connection better. hmmm.... why am i transferring 3gigs a day, when im surfing web pages.

    2. Re:IRC is not a haven by strider3700 · · Score: 1

      agreed, he should have noticed. But how many people do you know that have the knowledge to do that? Here in canada everyone I know has dsl or cable connections. Half of them have almost no real capabilities on the computer. They rely on the machine being secure out of the box. It of course isn't and they become easy targets.

      I've moved 3 gig a day off my box. With dsl around here you don't get a slow down doing it. unless your watching the lights on the modem flicker you wouldn't notice anything.

    3. Re:IRC is not a haven by Sage+Gaspar · · Score: 1

      Right. My friend also received a warning from his ISP while he was in the process of downloading two ancient 1940's monster movies that have questionable availability outside of used video outlets over IRC. They named the company and the number of files.

      Just goes to show you that it's not just he RIAA, and yes, your online privacy rights have been severely compromised. I never thought they'd have the balls to pump out mass lawsuits like this, though. I'm going to be checking the labels from now on and not buying anything from the RIAA, and I encourage you to do the same.

    4. Re:IRC is not a haven by Anonymous Coward · · Score: 0

      Take a look at this. Lame doesn't even begin do describe it.

    5. Re:IRC is not a haven by efflux · · Score: 1

      Better bring that list of labels to boycott to the store with you... Perhaps the Guiness Book of World Records will start carrying the record of "most RIAA labels memorized". Of course... you will be *hard pressed* to find any CD's in a store that isn't on one of these labels.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    6. Re:IRC is not a haven by PhoenixFlare · · Score: 1

      The kicker is he was sharing and didn't know it, someone had taken over his win 2k box and was running a bot on it to share movies.

      How the hell do you NOT notice someone using your box as a distribution point for full-length movies? One would think unknown files taking up hundreds of megs would be a fast tipoff. Or the fact that bandwidth usage has suddenly jumped sky-high.

      I'm sorry, but anyone that allows that sort of thing to go on long enough to be tracked and warned is a first-class idiot.

    7. Re:IRC is not a haven by Recovery1 · · Score: 1

      Hey, it happens. Lots of people by these fancy new computers with 40GB drives, and all they do is learn how to start Solitare or pinball, or browse the net with their high speed connection. They have no idea how to check their drive to see what's on it, or that they have suddenly begun uploading all the time.

      Does this make them a first class idiot? No.

  18. "As few as 8 songs" ? by Krapangor · · Score: 1
    I think you fail to realize the fundamental problem there.
    The RIAA argues that you have no right to share these songs on P2P networks, which is from a legal point of view 100 percent correct. And they claim that this causes them damages because people downloading wouldn't buy the CDs. With this argumentation you could cause very large damages even with a very small number of file and a suitable big pipe - if the songs are sufficiently popular then you would cause very large "damage" this way. The only problem I see with this argumentation is whether their claim of the damages is correct.

    Note that you definitively don't have the right the share song unless you get an o.k. by the copyright holder. "Argueing" that the entertainment industry is "greedy" or "is exploiting the artists" doesn't negate the fact that you commited a crime.

    And subpoenas are for securing evidence. The measures here are IHMO ok when you note that evidence on computer systems can be easily forged or deleted. You can't demand that they'll watch their lawsuits die just because some jerks argue that his "IP" was forged etc.

    --
    Owner of a Mensa membership card.
    1. Re:"As few as 8 songs" ? by Anonymous Coward · · Score: 0

      "Argueing" that the entertainment industry is "greedy" or "is exploiting the artists" doesn't negate the fact that you commited a crime.

      That's rather a big leap to make. So far even the RIAA haven't accused the people in question of committing any crimes, they've brough a purely civil action against them (which is a reasonable thing for them to do imho).

    2. Re:"As few as 8 songs" ? by alizard · · Score: 1
      Note that you definitively don't have the right the share song unless you get an o.k. by the copyright holder. "Argueing" that the entertainment industry is "greedy" or "is exploiting the artists" doesn't negate the fact that you commited a crime.

      Your sig claims you're a MENSA member. Explain the difference between illegal and immoral in this context.

      You are repeating the RIAA argument that people don't buy CDs if they've downloaded the tracks. Every study not funded by RIAA says the opposite, that P2P is "try before you buy" of the same nature as "try before you buy" by listening to the radio is.

      Certainly this is illegal... but your labeling this as a "crime" suggests it's morally wrong.

      A broadcast quality MP3 is a promotional good of no commercial value outside the imagination of RIAA flacks and politicians.

  19. Great business model! by Xebikr · · Score: 1

    So if they go after file sharers with at least 8 songs or more that still translates to a $1.2 million lawsuit. Now all they have to do is get people to cough up the dough and their members will be rolling in it!

  20. Might not be so bad... by n0nsensical · · Score: 5, Funny

    Many of the subpoenas reviewed by the AP identified songs from the same few artists, including Avril Lavigne, Snoop Dogg and Michael Jackson.

    Well, if they're going to go after people sharing that kind of crap, they can do it all they want for all I care. :-)

    1. Re:Might not be so bad... by rudiger · · Score: 1

      so what you will about avril lavigne or snoop dogg, but early michael jackson (ie. off the wall, thriller, bad and dangerous) are hardly crap. yes, invincible has left something to be desired, but you can't automatically label and lump someone in w/ 'crap' because a few recent misteps.

    2. Re:Might not be so bad... by tinrobot · · Score: 1

      early michael jackson (ie. off the wall, thriller, bad and dangerous) are hardly crap. yes, invincible has left something to be desired, but you can't automatically label and lump someone in w/ 'crap' because a few recent misteps.

      A few?

    3. Re:Might not be so bad... by rudiger · · Score: 1

      one the one hand, you have 10-15 years of great musical output. on the other, you have a guy who is desperately trying to stay a child forever (think peter pan) because of an obvious psychological problem. personally, I don't think you can really blame him, since at such an early age he was shoved in to the spotlight by his father and never really got to grow up. so yes, a few misteps meaning invincible. I don't let tabloid trite influence and tarnish my image of him.

    4. Re:Might not be so bad... by Josuah · · Score: 1

      Well, if they're going to go after people sharing that kind of crap [e.g. Avril Lavigne], they can do it all they want for all I care. :-)

      Hey, I like Avril Lavigne!

      But I also don't steal music, so whatever. ::walks away::

    5. Re:Might not be so bad... by Anonymous Coward · · Score: 0

      You're funny.

      I'm wondering... did you spend any with him when you were a child?

    6. Re:Might not be so bad... by rudiger · · Score: 1

      spend any what? time?

      and no, I didn't.

    7. Re:Might not be so bad... by moncyb · · Score: 1

      Let me guess the filenames of those "infringing" files: My_friend_Avril_Smith.jpg, Dog_barking.mp3, Michael's_first_steps.mpg, Jenny_Jackson_doing_the_chicken_dance.avi. Yeah, these nasty pyrates should get life!

    8. Re:Might not be so bad... by elemental23 · · Score: 1

      My condolences.

      --
      I like my women like my coffee... pale and bitter.
  21. GNUnet anyone? by Anonymous Coward · · Score: 1, Informative

    Someone here introduced me to it, and I have dumped Gnutella since (Not that many files yet, but that will change soon . . .).

    GNUnet: Encryption (RSA), pulls files together from different parts of the network, and since they have incorporated "GNU" into the name, you don't have to worry about putting a "GNU/" or not.

  22. Seriously though.... by ziggy_zero · · Score: 1

    ..is it possible for them to monitor Usenet traffic?

    --
    I belong to the ______ generation.
    1. Re:Seriously though.... by Anonymous Coward · · Score: 0

      they don't need to. unless you're signed up with an 'anon' provider they only have to subpoena the logs and it'll say who, what, when, and where

    2. Re:Seriously though.... by vegetablespork · · Score: 1

      That's why you use a provider that doesn't keep logs.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  23. it's what people wanted by jkcity · · Score: 2, Insightful

    Ifor the last eyar I've read countless time on slashdot that they should go after the people and not the technology, now that they do, you still complain.

    1. Re:it's what people wanted by anthony_dipierro · · Score: 1

      Slashdot is mainly a site for complainers. I've said myself that they should go after the people and not the technology, but on an article like this I'd just get drown out by the others or marked down as a troll. Some of it is probably actual inconsistency, but it's mostly just slashdot moderation rewarding complainers by modding them up.

      Even your own post only made it because it was complaining about the complainers. If you had simply said that the RIAA was doing the right thing by going after people instead of technology, you could expect Flamebait or Troll.

    2. Re:it's what people wanted by Anonymous Coward · · Score: 0

      slashdot is not one person, so hypocracy is inherent.

      dont expect everyone here to agree with everyone else here. im sure there are many slashdotters who are pleased that the RIAA is finally going after abusers rather than the tools themselves, they arent nearly as likely to comment though.

  24. Keep trying... by DJ+Rubbie · · Score: 2, Funny

    871 down, ~40 000 000 to go...

    --
    Please direct all bug reports to /dev/null
    1. Re:Keep trying... by tomstdenis · · Score: 1

      Do you want to be one of those 871?

      I'm fairly certain once a couple dozen 15yr olds get sued [re: their parents will get the bill] there will be a bit more apprehension with pirating media.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Keep trying... by vegetablespork · · Score: 1

      And there will be even more apprehension to buying music. I don't use P2P, but I only buy used CDs and those from RIAA labels. After a few well-publicized lawsuits against sympathetic kids, RIAA members' sales are really going to tank.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    3. Re:Keep trying... by vegetablespork · · Score: 1
      Crap.

      s/RIAA labels/non-RIAA labels/ in the above.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    4. Re:Keep trying... by tomstdenis · · Score: 1

      Not really. The same people who don't care about this P2P hype are the same people who won't care when P2P dorks are sued.

      Tom

      --
      Someday, I'll have a real sig.
    5. Re:Keep trying... by vegetablespork · · Score: 1
      Spoken like someone who hasn't bought a copy protected CD and tried to play it in his car stereo, Mac, or what have you. And if most people wouldn't care, it wouldn't be all that big a problem for the record companies, would it?

      LI mean, if the people trading files were only those "P2P dorks" (how inflammatory!) at the edge of civil society, it wouldn't be worth the time and money to go after them, right?

      The problem the "industry" has is that non-"dorks" have bitten from the apple too. And this is why, in the end, the "industry" is screwed. When those who had been using P2P (remember, it's enough for the record industry to worry about) can't anymore, they'll just trade physical media in person and electronically trade in trusted groups.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    6. Re:Keep trying... by tomstdenis · · Score: 1

      Nobody and certainly not the RIAA is saying that making private copies of songs is bad. E.g. if you have bought a crippled CD [I would just return it personally] you can always rip it and burn a fresh audio CD.

      It's when you feel the need to "share" [re: pirate] it with a P2P network is what people are suing over.

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:Keep trying... by Anonymous Coward · · Score: 0

      hello, we know eachother from usenet, but I will refrain from identifying myself; i just wanted to tell you that you should SHUT THE FUCK UP, YOU CLUELESS FRENCH PERSON

      GET THE FUCK OFF SLASHDOT

    8. Re:Keep trying... by tomstdenis · · Score: 1

      Can we bee friends? Teehee.

      And I am not french, hon hon, I's am English non?

      Tom

      --
      Someday, I'll have a real sig.
    9. Re:Keep trying... by Anonymous Coward · · Score: 0

      You are assuming the author of the parent post is living in a land where the DMCA and draconian copyright laws apply. Apparently not too many people cares right now, even under threat of lawsuits. Most people have the mentallity that says it won't happen to them.

    10. Re:Keep trying... by anthony_dipierro · · Score: 1

      After a few well-publicized lawsuits against sympathetic kids, RIAA members' sales are really going to tank.

      I doubt it. Most people already have it ingrained in their heads that copyright infringement is stealing. Sales are going to tank no more than they do against a book store who sues someone for shoplifting, or against a cable company which sues someone for using a decoder box, or against a GPLed product author who sues someone for not distributing source code. Did we stop using Slashdot when they threatened to sue AlterSlash?

    11. Re:Keep trying... by Anonymous Coward · · Score: 0

      being FRENCH is a state of mind. now go away, you lame troll.

    12. Re:Keep trying... by tomstdenis · · Score: 1

      I take it we're not friends?

      I'll let you play with my Atari! Come on!

      --
      Someday, I'll have a real sig.
    13. Re:Keep trying... by vegetablespork · · Score: 1
      Comparisons with shoplifting are bogus, and you know it--shoplifting is actual theft, and was a criminal offense without the retail having to buy laws to make it one. The others have nothing to do with the recording industry, either, but at least don't involve actual theft, as opposed to copyright infringement.

      Did we stop using Slashdot when they threatened to sue AlterSlash?

      I didn't know that happened!

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    14. Re:Keep trying... by anthony_dipierro · · Score: 1

      Comparisons with shoplifting are bogus, and you know it--shoplifting is actual theft, and was a criminal offense without the retail having to buy laws to make it one.

      Some comparisons between shoplifting and copyright infringement are bogus, but I don't think this one is. If you take a poll asking people if they think copyright infringement should be illegal, the vast majority are going to say that they believe it should be. Even on Slashdot I suspect the majority of people support copyright laws. Sure, some people justify it by talking about how they're only trying it out and they'll buy it, but the RIAA isn't going after downloaders, it's going after distributors.

      The others have nothing to do with the recording industry, either, but at least don't involve actual theft, as opposed to copyright infringement.

      Nothing to do with the recording industry? Of course not. I can't compare something to itself.

      What about movie theatres? People sneak into movie theatres. If the theatres cracked down and started suing those people, do you think people would start boycotting the movie theatres? Why is it that so many more people use Kazaa than sneak into movie theatres? It's really simple, because your chances of getting caught are much higher when you sneak into a movie theatre.

    15. Re:Keep trying... by vegetablespork · · Score: 1
      What about movie theatres? People sneak into movie theatres.

      Sure, that analogy works perfectly, for movie theatres with an infinite number of seats.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    16. Re:Keep trying... by Anonymous Coward · · Score: 0

      no we are NOT, and if you reply to this post I'll conclude that you won't leave by yourself and will have to come to your house and shoot you in your ugly fat whitey face.

    17. Re:Keep trying... by tomstdenis · · Score: 1

      So............

      we're definitely not friends?

      )-:

      Tom

      --
      Someday, I'll have a real sig.
    18. Re:Keep trying... by anthony_dipierro · · Score: 1

      Sure, that analogy works perfectly, for movie theatres with an infinite number of seats.

      So as long as the theatre is has seats available the analogy holds?

    19. Re:Keep trying... by vegetablespork · · Score: 1
      When someone copies something, there isn't any less of it. In a theatre, if someone occupies a seat, there's one less seat that could be sold. That's why it's illegal to sneak in--the theatre loses the ability to sell that seat. Theoretically, there's no loss to the theatre if someone sneaks in after the movies starts who wouldn't have paid anyway. This is, in fact, a pricing model being worked on by the Easyjet folks in the UK--selling last minute tickets for less (or more, if demand is high) as the time of the movie gets closer.

      Copying music, if we are to use the analogy of sneaking into a theatre, is like sneaking into a theatre with an infinite number of seats, which are all the best seat in the house. Nothing is diminished by the copying of a song, save for the false value which was created by its artificial scarcity.

      --

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    20. Re:Keep trying... by anthony_dipierro · · Score: 1

      When someone copies something, there isn't any less of it. In a theatre, if someone occupies a seat, there's one less seat that could be sold.

      Actually, theatres almost always keep a few extra seats to better accomodate those in groups.

      That's why it's illegal to sneak in--the theatre loses the ability to sell that seat. Theoretically, there's no loss to the theatre if someone sneaks in after the movies starts who wouldn't have paid anyway. This is, in fact, a pricing model being worked on by the Easyjet folks in the UK--selling last minute tickets for less (or more, if demand is high) as the time of the movie gets closer.

      Sounds exactly like the reason it's illegal to copy an mp3. The copyright holder loses the ability to sell that mp3. Theoretically, there's no loss to the copyright holder if someone copies an mp3 and wouldn't have paid anyway.

      Copying music, if we are to use the analogy of sneaking into a theatre, is like sneaking into a theatre with an infinite number of seats, which are all the best seat in the house.

      Like I said before, most theatres intentionally leave extra seats available, so it's quite similar to there being an infinite number of seats.

    21. Re:Keep trying... by vegetablespork · · Score: 1
      Except in the case of theatre seats, the scarcity is natural (finite number of seats/amount of space) and in the case of digital media it is artificially created. Thus, any analogy between the two is fundamentally flawed.

      The scarcity of theatre seats is based on natural law, the scarcity of digital media on man-made constraints that are naturally overcome.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    22. Re:Keep trying... by anthony_dipierro · · Score: 1

      I never said the analogy was perfect. However, you made the following assertion: "After a few well-publicized lawsuits against sympathetic kids, RIAA members' sales are really going to tank." I fail to see how you have tied the difference between the two to the flaw in the analogy. After all, every analogy has some flaw in it somewhere.

      The scarcity of theatre seats is based on natural law, the scarcity of digital media on man-made constraints that are naturally overcome.

      The scarcity of theatre seats is not based on natural law. There are some aspects of it which have been forced into such a situation, but you're not paying $8 for a seat in a building, you're paying $8 for the rights to watch a film.

    23. Re:Keep trying... by vegetablespork · · Score: 1
      I didn't introduce the analogies. The point is that the RIAA is creating ill-will by threating the entire next generation of its members' customers.

      And by saying that the scarcity of theatre seats is not based on natural law, you're saying that there exists a theatre with infinite seats? If so, where is it? If that's preposterous, then it must be conceded that the scarcity is indeed based on natural law.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    24. Re:Keep trying... by anthony_dipierro · · Score: 1

      I didn't introduce the analogies.

      Yeah, I did.

      The point is that the RIAA is creating ill-will by threating the entire next generation of its members' customers.

      They're not threatening the entire next generation of their members' customers. Only the ones who are felons.

      And by saying that the scarcity of theatre seats is not based on natural law, you're saying that there exists a theatre with infinite seats?

      Sure, the universe is a theatre with infinite seats.

    25. Re:Keep trying... by vegetablespork · · Score: 1
      Only the ones who are felons.

      Statistically, that would be most of them.

      Sure, the universe is a theatre with infinite seats.

      LOL

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    26. Re:Keep trying... by anthony_dipierro · · Score: 1

      1) 50 million people is not most of them.
      2) There are not 50 million users trading illegal files on P2P networks. Maybe 10 million. Maybe.
      3) Downloading is not a felony. Distributing is. Most users download but do not distribute.

    27. Re:Keep trying... by vegetablespork · · Score: 1

      We're picking nits over numbers in the same order of magnitude. 10E6 or 50E6 is still a hell of a lot of people. And the RIAA's actions aren't just alienating the "felon" uploaders--you think the people who can't find their out of print material because the chilling effect aren't going to be upset, too?

      --

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    28. Re:Keep trying... by anthony_dipierro · · Score: 1

      We're picking nits over numbers in the same order of magnitude. 10E6 or 50E6 is still a hell of a lot of people.

      Sure, if you count every person who has ever used Kazaa, it's a lot of people. Now if you restrict it to those who regularly trade RIAA copyrighted material on Kazaa, the numbers go way way down. If you leave only the ones who are truly threatened by the RIAA's legal tactics, now the numbers are barely recognizable. Now subtract the ones who already believe that copyright infringement is wrong. Now subtract from those people the ones who wouldn't have bothered buying CDs anyway. There aren't many people left who are being alienated.

      And the RIAA's actions aren't just alienating the "felon" uploaders--you think the people who can't find their out of print material because the chilling effect aren't going to be upset, too?

      I'm not sure exactly what material you're talking about. Songs copyrighted by RIAA-affiliated record companies which are no longer being distributed? Do you really the RIAA is going to go after people trading those songs? I have to admit, I'm not very familiar with such songs, so I don't know whether or not they're even being traded on Kazaa in the first place. Are they? And what kinds of numbers are we talking about here? 5 or 6 people?

    29. Re:Keep trying... by vegetablespork · · Score: 1

      You're comparing numbers published by experts and journalists with estimates pulled from thin air to support your own world view. "5 or 6 people?" Come on.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    30. Re:Keep trying... by anthony_dipierro · · Score: 1

      5 or 6 people was obviously an exaggeration. As for pulling numbers from thin air, do you have any numbers published by experts or journalists about how many people will be alienated by this? Obviously we can only speculate. But it seems you're not interested in discussing this any more. Perhaps you were just trolling me along in the first place. Just realize that you have given absolutely no support to your assertion that "After a few well-publicized lawsuits against sympathetic kids, RIAA members' sales are really going to tank."

    31. Re:Keep trying... by vegetablespork · · Score: 1
      Moi, trolling? Surely you jest. (Although being called out as troll by dipierro is truly an honor :).)

      And I've given plenty of assertion. Either 10,000,000 (your number) or 50,000,000 people use file sharing, according to different estimates by those who have studied the field extensively for publication. The RIAA has declared war publicly on these people, either by proxy (downloaders) or directly (uploaders). Either number is a substantial segment of the market. Even if each of these people on average are swayed to by one less CD in the next decade, the sales are "really going to tank."

      Can I say with absolute certainty what the result of their actions will be? No. But neither can you, and the numbers don't look good for the RIAA.

      --

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    32. Re:Keep trying... by anthony_dipierro · · Score: 1

      Just realize that you have given absolutely no support to your assertion that "After a few well-publicized lawsuits against sympathetic kids, RIAA members' sales are really going to tank."

      And I've given plenty of assertion. Either 10,000,000 (your number) or 50,000,000 people use file sharing, according to different estimates by those who have studied the field extensively for publication. The RIAA has declared war publicly on these people, either by proxy (downloaders) or directly (uploaders).

      Having used file sharing at least once in your life is not equivalent to downloading or uploading files copyrighted by RIAA members.

      Either number is a substantial segment of the market.

      Only if there is a significant overlap between the people who illegally use P2P and those who actually buy CDs. You have not shown this to be the case.

      Even if each of these people on average are swayed to by one less CD in the next decade, the sales are "really going to tank."

      These people aren't on average going to be swayed to buy one fewer CD in the next decade. You certainly haven't shown this to be the case.

      Can I say with absolute certainty what the result of their actions will be? No. But neither can you, and the numbers don't look good for the RIAA.

      What numbers? You've thrown out a single number which isn't even backed up by the article you linked. The article doesn't say anywhere in it that 50 million people use P2P, and it certainly doesn't say that 50 million people regularly trade mp3s copyrighted by RIAA members. I'm sorry, you haven't even backed up your misapplied numbers.

    33. Re:Keep trying... by vegetablespork · · Score: 1
      Having used file sharing at least once in your life is not equivalent to downloading or uploading files copyrighted by RIAA members.

      So you say that filesharing has legal purposes in a substantial number of cases? I agree!

      Only if there is a significant overlap between the people who illegally use P2P and those who actually buy CDs. You have not shown this to be the case.

      You haven't shown that it isn't. Anecdotally, there's a significant overlap. But it's not possible to establish it either way without a study and the social sciences stuff that goes with it.

      These people aren't on average going to be swayed to buy one fewer CD in the next decade. You certainly haven't shown this to be the case.

      Again, you haven't shown this to not be the case. And, though a guess, it certainly isn't a wild-assed one.

      What numbers? You've thrown out a single number which isn't even backed up by the article you linked. The article doesn't say anywhere in it that 50 million people use P2P, and it certainly doesn't say that 50 million people regularly trade mp3s copyrighted by RIAA members. I'm sorry, you haven't even backed up your misapplied numbers.

      Again, you're saying most filesharing traffic isn't copyrighted material of RIAA members. You're probably right. But you haven't shown the numbers are misapplied.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    34. Re:Keep trying... by anthony_dipierro · · Score: 1

      So you say that filesharing has legal purposes in a substantial number of cases? I agree!

      Sure. Of course it does.

      These people aren't on average going to be swayed to buy one fewer CD in the next decade. You certainly haven't shown this to be the case.

      Again, you haven't shown this to not be the case. And, though a guess, it certainly isn't a wild-assed one.

      You're right. I haven't proven you wrong. I can't. All I can do is offer anecdotes and analogies. I certainly believe that your one fewer CD in the next decade average is inaccurate. Personally I feel that the number of CDs people will buy will probably go up because of this, not down.

      What numbers? You've thrown out a single number which isn't even backed up by the article you linked. The article doesn't say anywhere in it that 50 million people use P2P, and it certainly doesn't say that 50 million people regularly trade mp3s copyrighted by RIAA members. I'm sorry, you haven't even backed up your misapplied numbers.

      Again, you're saying most filesharing traffic isn't copyrighted material of RIAA members.

      No, I'm saying of all the people who have ever used P2P, most don't currently regularly trade mp3s copyrighted by RIAA members. I'm not saying most filesharing traffic isn't copyrighted material of RIAA members, though that probably is the case if you consider that bootlegs are generally not copyrighted by the record companies.

      But you haven't shown the numbers are misapplied.

      You've applied the number of people who have ever used P2P networks to the number of people who are being threatened by the RIAA. That's a misapplication. Further, you never even bothered to back up the number of people who have ever used P2P networks.

    35. Re:Keep trying... by vegetablespork · · Score: 1
      What numbers? You've thrown out a single number which isn't even backed up by the article you linked.

      What are you talking about? The article specifically cites 50,000,000 (in the U.S. alone, no less--200,000,000 world wide):

      But how can 50 million people (over 200 million worldwide) be wrong?
      Now if you're saying that I haven't personally researched the numbers, and relied on the statistics cited by the expert author, you're right.

      I've applied the number of people who have ever used P2P networks to the number of people who are being threatened by the RIAA.

      I'm going to torture an analogy here--that's like saying the only travelers threatened by terrorists are the ones whose planes blew up. Everyone who files is threatened. Similarly, those using file sharing are all threatened even though the RIAA only has the resources to sue a few.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    36. Re:Keep trying... by anthony_dipierro · · Score: 1

      The article specifically cites 50,000,000

      The article says "how can 50 million people (over 200 million worldwide) be wrong?" It doesn't say what those 50 million people have done, and it certainly doesn't explain its methodology of arriving at that number.

      Now if you're saying that I haven't personally researched the numbers, and relied on the statistics cited by the expert author, you're right.

      You have not relied on statistics cited by an expert author. That is not a statistic. It is a rhetorical question, which by the way assumes something incorrect (50 million people most certainly can be wrong).

      I've [you've] applied the number of people who have ever used P2P networks to the number of people who are being threatened by the RIAA.

      I'm going to torture an analogy here--that's like saying the only travelers threatened by terrorists are the ones whose planes blew up. Everyone who files is threatened.

      Certainly not everyone. I have used a P2P network in the past. But I am not threatened by the RIAA. And I'm certainly not going to stop buying CDs from them, since I already stopped several years ago.

      Similarly, those using file sharing are all threatened even though the RIAA only has the resources to sue a few.

      I agree with you that everyone in the class of people who are being sued by the RIAA are being threatened, not only those who are actually sued. But there are many outside of that class. Those who no longer use the P2P networks. Those who only trade legitimate files. Those who only trade bootlegs. Those who only trade non-RIAA music. Those who only trade porn or software or other non-music. Those who only download. Those outside the United States.

      And then of those who are left, not all of them will reduce the number of CDs they buy. Some, like myself, got fed up with the RIAA and stopped buying CDs years ago (that might be why they're using P2P in the first place). Some will be convinced that they were stealing and will simply stop doing so now that the free-for-all is over (yes, I disagree that copyright infringement is stealing, but that doesn't mean that some people won't believe that anyway). Yes, some will reduce the number of CDs they sell. Some will stop buying CDs completely. But my gut tells me this last number will be very low. After all, the RIAA has done plenty of things for us to hate them about already in the past. I doubt this one thing is going to change peoples' opinions of it.

  25. Evil warez doodz! by anttik · · Score: 2, Funny

    ... known online by nicknames such as "fox3j," "soccerdog33," "clover77" or "indepunk74."

    Yes! Finally those famous warez bastardz will be sued and brought down!

  26. Encryption of data streams? by Anonymous Coward · · Score: 0
    OK, here is the paragraph that struck me the hardest:
    The campaign comes just weeks after U.S. appeals court rulings requiring Internet providers to readily identify subscribers suspected of illegally sharing music and movie files. The 1998 Digital Millennium Copyright Act permits music companies to force Internet providers to turn over the names of suspected music pirates upon subpoena from any U.S. District Court clerk's office, without a judge's signature required.
    This means that Verizon, Comcast, or whoever wants to ngrep its users might just turn in those people who have lots of MP3 data going across their lines. This wouldn't be stopped by the new versions of Kazaa Lite and such, as the new software is just blocking what can be seen from other users, not the owner of the network itself. Perhaps one step against this trend would be to encrypt the P2P connection between users, with some kind of public key encryption?
    1. Re:Encryption of data streams? by PhotoBoy · · Score: 1

      ISPs have had the ability to do this for quite a while, the reason they don't report their customers for piracy is because they would lose them all to other ISPs who promise privacy when using P2P apps. I know a Small Businesses ISP in the UK that tried blocking Kazaa traffic on their routers using some kind of packet inspection, because nearly 60% of all traffic was Kazaa and it was bogging their infrastructure down. Some customers loved it since it meant they didn't have to do anything to stop their employees from possibly incriminating their company, but many others claimed it was a breach of service contract and threatened to cancel their subscriptions. In the end they had to allow the traffic again or lose loads of business. I can't see many large ISPs shooting themselves in the foot like that IMHO especially the likes of AOL who are losing loads of customers at the moment anyway.

    2. Re:Encryption of data streams? by Anonymous Coward · · Score: 2, Interesting
      Perhaps one step against this trend would be to encrypt the P2P connection between users, with some kind of public key encryption?

      You mean like WASTE?

      No wonder AOL was so worried.
    3. Re:Encryption of data streams? by Etherwalk · · Score: 2, Interesting

      Of course, this also brings up an interesting corollary to the Patriot Act. With Librarians destroying logs of what people checked out immediately after those books are returned to keep the government from scanning those logs without people's knowledge, how long is it until logrotated has its cycles tweaked to delete traffic information early? Or maybe just file-sharing traffic? Even a compliant ISP can't give the RIAA data it doesn't have.

    4. Re:Encryption of data streams? by Doctor7 · · Score: 1

      Well, for a start, 'file-sharing traffic information' is neither kept, nor is it needed in this case. The only relevant information is who had the IP address at a particular time. The trouble is, people often take a long time to report, or even notice, problems. If you purge your logs too often, the information just isn't going to be there when you need it for technical reasons.

    5. Re:Encryption of data streams? by duffman9000 · · Score: 1

      Is this app still in available in the wild?

  27. I don't get it... by Call+Me+Black+Cloud · · Score: 1


    First of all, why is illegal to make songs available for download? There are legitimate reasons copyrighted material could be made available for download.

    Second, isn't it legal for me to download music if I already own it? For example, I have quite a few record albums. Let's say I get a hankering for ELO's Time. I have it on vinyl but I don't have a record player. Can't I seek out and download cuts from that album legally?

    It follows (to me) that if there are legitimate reasons to download then there are legitimate reasons to share, therefore the onus is on the downloader to act appropriately. RIAA should go after those who are downloading illegally (at least within the borders of the US).

    1. Re:I don't get it... by Anonymous Coward · · Score: 2, Insightful

      "Second, isn't it legal for me to download music if I already own it? For example, I have quite a few record albums. Let's say I get a hankering for ELO's Time. I have it on vinyl but I don't have a record player. Can't I seek out and download cuts from that album legally?"

      To be honest, I'd take it back and ask for the vinyl copy to be replaced with a CD pressing for no extra charge. Why? Because by sueing people who download MP3s, they're essentially admitting that medium doesn't matter when it comes to copyright.

      You bought the copyright to listen to those songs and a straight vinyl/CD swap isn't really going to hurt them is it? I mean, they sue all these people for downloading stuff, so the value can't possibly be in the plastic they come on... the value is in the artists work...

    2. Re:I don't get it... by darkwiz · · Score: 2, Interesting

      The problem is twofold:

      1. Going after downloaders on P2P is not really easy (or possible, for that matter) without large scale tapping.

      2. Your possession of those MP3's might be arguably legal. Assuming the copies were from vinyl, there would be little that could be argued against it. But if they were CDs, an argument could be made that the CD is a distinct work. You might not buy that argument, but it is an argument.

      However, the unchecked distribution is essentially complicitory infringement. Similar to not checking ID's on liquor/porn sales - you can't assume that the person can be legally given the goods.* The onus can be legally on the distributor as well.

      * note: I do not consider these crimes to be morally equivalent, don't insert usual argument about theft != infringement, or point out differences in the analogy in an intellectually dishonest way to discredit the argument. It is an analogy and will, by its very nature, be incomplete. Idiotic, rhetorical picking of nits will be sent to /dev/null. Regardless of how you feel about information freedom, copyrights are the teeth in many of the licenses that we hold dear that enable our intellectual and informational freedom. Copyrights are the law, and these companies are doing what they should do, have every right to do, and what most rational beings have been asking them to: going after law breakers.

    3. Re:I don't get it... by Cereal+Box · · Score: 0, Troll

      Are you implying that the CD version of the album is basically just the vinyl mastering put on a CD? Please. There is almost always additional mastering and production work put into the audio before the CD is pressed. Why do you feel entitled to a higher quality version of the recording simply because you bought a lower quality version years ago? There aren't many products that guarantee you free upgrades in quality until the end of time and music is no exception.

    4. Re:I don't get it... by Anonymous Coward · · Score: 0

      What I'm saying is that copyright is linked to the material on the CD, tape, record and shouldn't be linked specifically to the medium or quality. Buying the right to play the copyrighted material whenever you like shouldn't be used as a tool to raise additional revenue.

      Hopefully now we do have digital copies which are pretty much as good as you can get, and a vast number of cheap MP3 players that can be bought, medium and quality won't matter too much in the future. Media types will be interchangeable and transportable between different devices.

      "There aren't many products that guarantee you free upgrades in quality until the end of time and music is no exception."

      Music isn't a product per se. Yes it has a cost and it's delivered on a tangible product, but copyright for purchasing music is way different from say buying a car or a computer and quality/media type don't form part of a copyright agreement.

      **Sidenote** - parent just got modded as a troll for some reason, but I think he has a valid point.

    5. Re:I don't get it... by Anonymous+Brave+Guy · · Score: 4, Insightful
      First of all, why is illegal to make songs available for download? There are legitimate reasons copyrighted material could be made available for download.

      Sure, and there are legitimate reasons for P2P that don't involve illegally trading material subject to copyright. But everyone knows (and I defy anyone to claim otherwise) that the vast, vast majority of P2P use if for this purpose. Contrary to what many here may believe, the courts aren't stupid or naive. If a technology is being abused by 99.99% of its users, they're not going to accept "But it has legitimate uses!" as a black and white defence without something a bit more convincing to back it up.

      Second, isn't it legal for me to download music if I already own it? For example, I have quite a few record albums. Let's say I get a hankering for ELO's Time. I have it on vinyl but I don't have a record player. Can't I seek out and download cuts from that album legally?

      I would strongly suggest that you don't ask for legal advice on Slashdot. As I've just noted in another post, plenty of people will give you their "informed" opinion, probably modded up to +5 by those who agree with it. Unfortunately, as the EULA fiasco shows, "informed" Slashdot opinion frequently disagrees with the opinion of a court, and guess who wins in that case. :-/

      My personal take, from a common sense perspective rather than a legal one, is that if both the source and the sink know damn well that they're involved in making an illegal copy of material, they should both be liable to penalties for copyright infringement. If only one party knows, and the other is innocent, then only the guilty party should be subject to penalties, though the other might be legally compelled to erase any copies they made without knowing. To my mind, fair reasons a party might be innocent include:

      • they provided the material involuntarily after their server was cracked
      • they downloaded a file they reasonably believed was legal, perhaps because it was supplied by a local band with a publicised policy of giving it away.

      I'd like to think the current legal system reflected that, and I suspect that sooner or later case law will come down to something along these lines. But I certainly wouldn't claim that this is how the law is today, because I don't know, and neither do most other people posting here.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:I don't get it... by efflux · · Score: 1
      Idiotic, rhetorical picking of nits will be sent to /dev/null. .

      we cannot use language to make a point ("rhetorical"), even if is a small one, and expect you to listen? That's a bit severe.

      Copyrights are the law, and these companies are doing what they should do, have every right to do, and what most rational beings have been asking them to: going after law breakers.What if I object to the existence of the companies to begin with? What if I object to copyright law as it stands? What if I want to see the whole music establishment collapse because it has brought us nothing but derivative crap while surpressing genuine creativity? What if the entire purpose of a copyright has been subverted by the establishment for their own commercial gain? At the expense of our very culture?

      Furthermore, I ask you not to confuse Legality with Morality. And if for you "the Law" is by nature Moral (Might=Right), I would beg you to reconsider your position.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    7. Re:I don't get it... by Anonymous Coward · · Score: 0

      Oh my God! Your nits! Look at them! They need picking!

      Go shampoo yourself or something!

    8. Re:I don't get it... by Blue+Stone · · Score: 1
      The thing is, people have been sharing music with their friends for decades, ever since the introduction of the compact cassette.

      The internet simply brings people together. Millions upon millions of people, who continue their friendly music trading on a greatly ramped-up scale.

      All the "illegal copyright infringement" arguments seem to neglect this simple fact: that people are behaving as they normally did (sharing music they liked) but on a larger scale, which is why I have such a problem with argument citing the letter of the law, legal this, illegal that, or even worse citing the supposed lack of morality of p2p copyright infringement.

      Copyright law is, with it's continued extensions, nolonger a fair bargain between the public at large and the copyright owners (more specifically the copyright cartels who pay for the law to be crafted in their favour.)

      As you (Anonymous Brave Guy) say, though, the juicial process (at least in so far as their is no jury involved) will probably not give a fig about what anyone's opinion is, and keep enforcing the law, just or unjust.

      (This may or may not have been relevant to your post, but I needed to get it off my chest.)

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    9. Re:I don't get it... by Anonymous+Brave+Guy · · Score: 1
      As you (Anonymous Brave Guy) say, though, the juicial process (at least in so far as their is no jury involved) will probably not give a fig about what anyone's opinion is, and keep enforcing the law, just or unjust.

      Of course they will; that is their job, and it would be inappropriate for them to do anything else.

      The legislature is what should be taking notice of public opinion and making the laws just. This appears to be where the problem lies in this case, due to various recent pieces of legislation that have been passed in spite of apparently not being in the best interests of either the people as a whole or the principle of copyright.

      I'm not saying there's nothing wrong here, but to make things right, you first have to aim at the correct target, and then fire a good enough shot. Most of the Slashbots here chanting that copyright is absurd and everything should be free, or court case results are unfair and should be overturned, aren't even aiming at the correct target.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  28. Hmm. by Valar · · Score: 1, Offtopic

    There were no subpoenas on file sent to AOL Time Warner Inc., the nation's largest Internet provider and also parent company of Warner Music Group.

    And now I understand what is really going on. The RIAA is suing to hurt the business of their competitors, not in the music distribution game, but in the internet service providing game. I wonder if verizon could have avoided the hassle by opening an mp3 store ala apple, or maybe buying a small label?

    1. Re:Hmm. by Anonymous Coward · · Score: 0

      I'v never used AOL but I sometimes run netwatch while using a filesharing program. I don't recall an uplaod to download between me and an AOL user ever going faster than 0.5KB/s. Perhaps they are not worth persuing?

    2. Re:Hmm. by Anonymous Coward · · Score: 0

      I'm surprised this aspect wasn't commented on sooner.

    3. Re:Hmm. by Anonymous Coward · · Score: 0

      They don't have to subpoena AOL because that would be akin to serving yourself a subpoena. One can presume that AOL is cooperating without subpoenas. As for "avoiding hassle", Verizon could save themselves a boatload of money by just complying with the demands absent of a subpoena, because that is essentially what you are suggesting.

    4. Re:Hmm. by sofakingl · · Score: 0

      If they bought a small label, the RIAA would only hate them more. After all, they don't like competition.

    5. Re:Hmm. by Chess_the_cat · · Score: 0

      WTF are you talking about? Do you even know what the RIAA is? Maybe you should check this page to see who makes up the RIAA. It's not just the majors.

      --
      Support the First Amendment. Read at -1
    6. Re:Hmm. by KU_Fletch · · Score: 1

      AOL gets 0 because they own a member of the RIAA. Verizon gets 150 (the most so far, despite being like the 8th or 9th largest ISP) because they stood up against the RIAA in court. I think Verizon has grounds for a suit if that trend continues.

      --
      It's not stupid. It's advanced.
  29. I laughed when I read this by cecil36 · · Score: 2, Funny

    I can't wait for the RIAA to go after all the trading on Usenet. Next thing the RIAA will know is that they are broke, and the lawyers will be demanding their next payment.

    1. Re:I laughed when I read this by dynoman7 · · Score: 1

      no shit. has the riaa ever heard of the word "sustainable"?

      --
      Blarf.
    2. Re:I laughed when I read this by jez9999 · · Score: 1

      Yes. If they get $10,000 per lawsuit (and that's assuming the victims settle out of court, it could be a lot more otherwise), they'll make quite a lot of money out of this. It's very sustainable.

  30. Good. by geniusj · · Score: 1

    Seriously. At least they're using the existing legal system to do this and not trying to create all kinds of retarded legislation this time. They might still be trying to do that, but there's no need to. Our existing legislation is fine and supports what they're doing. Therefore, I have no problem with them trying to defend their property.

    Cheers,
    -JD-

    1. Re:Good. by Pacer · · Score: 1

      Wake up, dude, they already HAVE all kinds of retarded legislation. $150,000/song (or whatever they are charging now)? Subpoena power on a clerk's rubber-stamp instead of a 200-year-old system of due process and judicial review? What more do they need?

      I guess they would like the legal ability to break into your house, kick your computer apart, and piss on your rug for suspected file-sharing ... and last time I checked that bill was still in committee. (Seriously ... kind of.)

      The argument about "property" and "defense" is being carried out quite eloquently and flamboyantly in the parent thread, but what I *will* note is that this is not an direct attempt to "defend" anything other than an outdated revenue model and is pretty clearly part of an intense intimidation campaign conducted by the RIAA. My hope is that it is a last gasp before we see some real change in the recording industry and not the start of a protracted "War on Copyright Infringement" as the many unwinnable wars we are already fighting have taxed our government to the point of collapse.

      Leave people alone, let them share their files in peace. If you hadn't noticed people have been doing it on a national scale for several years now and the sky has not fallen. It doesn't matter whether people "deserve" to hear music or not, based on their wealth; the ability to enjoy a massive and diverse music collection is now open to everyone with a PC and an ISP, and the immense cultural good of that far outweighs the interests of a few federally-subsidized monopolists. ... Orpheus got by OK without a label. All that will happen in this postmodern rearrangement of the music biz is that music will become closer to the people, as it has always been and should be anyway, and talent will matter more than luck or investment.

  31. OT: Note to moderators by Jon+Abbott · · Score: 3, Insightful

    I think we're going to have a lot more anonymous cowards in these types of discussions now, so please set your threshold lower... :^(

    1. Re:OT: Note to moderators by jez9999 · · Score: 1

      Why are we?

    2. Re:OT: Note to moderators by Jon+Abbott · · Score: 1

      When people post ideas that allow circumventing what the RIAA is doing, I imagine the RIAA will go after these people as well. If they are bold enough to sue individual file swappers, why wouldn't they be bold enough to sue individual comment posters on slashdot? We are living in a DMCA world, you know!

    3. Re:OT: Note to moderators by jez9999 · · Score: 1

      1) Posters to Slashdot don't give their name and address. Slashdot can purge IP addy logs, so *they don't know* user info and *can't tell* the RIAA.
      2) Many Slashdot posters don't live in the US, so tough shit RIAA.
      3) How is posting a *COMMENT* on a *WEBSITE* possibly illegal? The day they take someone to court for that is the day US citizens truly lose their right to free speech.

    4. Re:OT: Note to moderators by Jon+Abbott · · Score: 1
      1) Posters to Slashdot don't give their name and address. Slashdot can purge IP addy logs, so *they don't know* user info and *can't tell* the RIAA.
      They can purge logs, but do they?
      2) Many Slashdot posters don't live in the US, so tough shit RIAA.
      Many are outside the US, but most aren't.
      3) How is posting a *COMMENT* on a *WEBSITE* possibly illegal? The day they take someone to court for that is the day US citizens truly lose their right to free speech.
      May I refer you to this link? More background about this is here.
    5. Re:OT: Note to moderators by jez9999 · · Score: 1

      They can purge logs, but do they?

      Probably not. But they bloody well should :-)

      Many are outside the US, but most aren't.

      Sucks to be American, eh? :-)

      May I refer you to this link? More background about this is here.

      The most interesting thing about that story is how the SS managed to get his home and work address. If he's not ex-directory, he's an idiot. I don't put any personal information about myself on Slashdot or anything, but there's not much I can do about domain WHOIS records. Still, I don't go out of my way to make myself traceable.

    6. Re:OT: Note to moderators by Jon+Abbott · · Score: 1
      Sucks to be American, eh? :-)
      Yep! :^}
  32. Please? by mrpuffypants · · Score: 4, Interesting

    Dear god I hope that somebody indicted will be a congresman's son or daughter off at college. That's exactly what it'll take for these senators and representatives to call for an "Inquiry" into the legality of filing all these lawsuits and hopefully get some of them overturned.

    My prediction for the future of file swapping? It'll still be big, perhaps even bigger than now. If a company wants to make money then the first step is NOT to piss off people who are already appreciating the fruits of their labor. All people do then is get an even more renegade attitude about it and keep swapping away, anonomously this time

    1. Re:Please? by the+uNF+cola · · Score: 2, Interesting

      Dear god I hope that somebody indicted will be a congresman's son or daughter off at college. That's exactly what it'll take for these senators and representatives to call for an "Inquiry" into the legality of filing all these lawsuits and hopefully get some of them overturned.


      I suspect heavy screening. You know what I mean. Cops don't give other cops speeding tickets. Benevolancy cards for the family so they don't give speeding tickets to them. Working for the gov't means you have a lot of people for bosses, such as chief of police, govenor's, mayors, senators etc etc...

      Remember, the gov't above has many powers, even over the RIAA.
      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    2. Re:Please? by Anonymous Coward · · Score: 0

      "That's exactly what it'll take for these senators and representatives to call for an "Inquiry" into the legality of filing all these lawsuits and hopefully get some of them overturned."

      On what grounds do you think these lawsuits are illegal? The file swappers are breaking copyright law, and the RIAA is pressing for prosecution. I don't mean the morality of the law suits - you say that they are illegal - how?

    3. Re:Please? by Uncle+Gropey · · Score: 1

      Dear god I hope that somebody indicted will be a congresman's son or daughter off at college There's little chance of that, they are too smart. It's the same reason that telemarketers went so many years with no recourse against them, and it's the same reason why ISP's who are daughters of the biggest music companies won't be getting flooded with supoenas; it's because they know who matters and who does not.

    4. Re:Please? by Agthorr · · Score: 2, Insightful
      Dear god I hope that somebody indicted will be a congresman's son or daughter off at college.

      Or the child of a record company executive. That would be neat too. Unfortunately, they can decide not to prosecute once they have the person's name, so they can pick and choose their targets.

    5. Re:Please? by Reziac · · Score: 1

      In that case, maybe they need to be set up. I don't know any children of Influential People, but perhaps someone here does...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    6. Re:Please? by efflux · · Score: 1

      It's the grounds of the subpoena (or lack thereof) that people are referencing when they talk about the legality of the actions of the RIAA. They can request info on you from your ISP without a judge. If you've read *anything* at all on this thread about this, you would have known this.

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    7. Re:Please? by RickHunter · · Score: 1

      My prediction: if, by some legal screw-up, some congressman's (or senator's, or governor's) kid does get put on the list, nothing will come of it. The RIAA will quietly drop the lawsuit, apologize to the good representitive (to the tune of a couple thousand dollars), and fire whatever poor, stupid lawyer put the name on the list.

      Unless, of course, the rep in question happens to oppose the RIAA's policies. Then they'll push for maximum sentancing and start hyping up the rep's crimimal connections and funding his/her opponents in the next election.

    8. Re:Please? by mrpuffypants · · Score: 1

      This country don't need campaign finance reform! We're perfectly happy being in the pocket of anybody with money!

      How can anybody in the world take us seriously these days when we practically have he Coca-Cola logo branded on anything we touch?

    9. Re:Please? by RickHunter · · Score: 1

      Has anyone taken America seriously since the 2000 elections? I know I haven't.

    10. Re:Please? by EvilSporkMan · · Score: 1

      Not REALLY...there are rules against selective enforcement. I suppose they could get away with dropping a few "important people", but they sure as heck can't go after only white middle-class (but not rich, they'll defend) college kids or something like that...

      --
      -insert a witty something-
    11. Re:Please? by Agthorr · · Score: 1

      Do selective enforcement rules only apply to the government?

  33. Well quite simply... by Anonymous Coward · · Score: 0

    If I get sued for swapping music, can I sue them for substandard product, or for manipulating the market (why the fuck can I buy a Beatles album from 1965 but not find an album from 1994?)?

    Anyways, I've noticed recently that people I know are back onto swapping MP3s via CD. This is going to kill RIAA and the music industry even more because as soon as you have tangible product in your hands, people then have an excuse to ask for a small fee for it. Kicking music sharing off the internet - or scaring people into doing so - will be the ultimate blow for RIAA.

    As I've said before, RIAA are the middlemen. They deserve to die horribly as a kind of 'market correction'. Their golden days are over. You really have to ask yourself why the hell copyrights aren't owned by the artists. I'd have a lot more tolerance if artists I listened to said "yeah, you can share my work online." or "anything older than 10 years is fine to download for nowt". I guarantee that those artists would be more successful in the long run.

    1. Re:Well quite simply... by djeaux · · Score: 5, Informative
      I guarantee that those artists would be more successful in the long run.

      The Grateful Dead were/are a good example of this. While they could be vicious pursuing commercial bootleggers, they would happily sell a fan a "taper ticket" that included a place to plug in & a roped-off area near the soundboard to set up the mike stands.

      Or for true confusion, visit http://www.bobdylan.com ... the website actually features audience-taped songs from recent shows. Of course, Dylan has gone on record several times decrying commercial bootleggers.

      I know there are many other bands & performers that do this kind of thing, but I'm an old mossback & there's about to be a Dylan-Dead tour ;-)

      --
      "Obviously, I'm not an IBM computer any more than I'm an ashtray" (Bob Dylan)
    2. Re:Well quite simply... by getoblstr · · Score: 2, Interesting

      The deftones recently released 49 bootlegs so fans didn't have to buy them off e-bay.

      --
      think for yourself. question authority.
    3. Re:Well quite simply... by Anonymous Coward · · Score: 0

      Didn't the Smashing Pumpkins release something like 25 vinyl copies of Machina 2 and tell everyone else to download or bootleg them?

    4. Re:Well quite simply... by Anonymous Coward · · Score: 0

      I can't stand the Grateful Dead's music.

      I'm tempted, however, to send them money just because they're not idiots.

      There was a nice story on the news the other day about the Grateful Dead - some bit they set up where fans toss the nice man in the booth money, orders are sent out the next day, and a few weeks later, fans have an excellent-quality 'official' recording of the concert in their hands.

      I suspect the reporter didn't know how funny he sounded, either. Random blurb: "Now artists, who traditionally only make a few dollars off of sales of CDs can make as much as $12-18 per copy." ..Or less and more - as he went on to continue, considering they were shipping out three-disc sets for $20ish. ;)

      The band gets more money, the fans get a price break. Everyone wins. Except, of course, the RIAA. Boo hoo. :(

  34. My neighbors by Anonymous Coward · · Score: 5, Funny

    are sure going to wish they had secured that wireless.

    1. Re:My neighbors by Anonymous Coward · · Score: 0

      Heh, when they confiscate their PC and find your MAC address in their ARP cache, you're going to wish they had, too!

  35. Headers by n0nsensical · · Score: 1

    They probably can trace back many postings. I know my news server puts my IP in every message I post, and it's certainly possible to trace a message back to the news server it came from with the NNTP Path header. I'm sure not many ISPs and news server hosts are going to think twice about giving up the user's information in the face of a threatened lawsuit. As regular Slashdot readers know, Verizon tried to fight back, but lost.

  36. RIAA by yoder · · Score: 2, Insightful

    Dont' buy their music and don't download their music. This is the point of no return for the music mafia. If they start going after the small time file swappers they will very quickly begin to alienate themselves from their customers as a whole. As soon as you get Joe Teenager and his mom on the evening news more than a few times a month because they are being sued for having 20 or 30 songs on their box, the real backlash will begin. The vast majority of people out there see file swappers as "those bad, bad other people" because that is the only way you see them portrayed by the mafia and the news. Now, with lawsuits apparently going after the small fish, they will finally begin enfuriating the mainstream public who of course see themselves as law-abiding and virtuous.

    Let the mahem begin!!!

    --
    "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
    1. Re:RIAA by Branc0 · · Score: 0, Troll
      Funny... i feel no peety when a murderer comes crying on TV because he "didn't do it". Why should i care about a fileswapper? He was breaking the law, he knew it, so he pays for it... tough luck!

      --

      rm -rf /home/leia

    2. Re:RIAA by Anonymous Coward · · Score: 0

      Let he who is without sin cast the first stone.

  37. How Long? by Anonymous Coward · · Score: 0

    How long until the RIAA has the internet shutdown as a piracy tool?

    At least they can't track cd's passed from one person to another.... Or can they?!

    1. Re:How Long? by Anonymous Coward · · Score: 0

      if you bend the cd enough, it will eventually crack, yes.

  38. You are not very clever. by Krapangor · · Score: 1
    Honestly.
    It's well known that IRC is already monitored by the several law enforcing groups for 31337 haxors and warez kiddies.

    I always wonder how people can be that stupid. Every service where they can track down your identity is not save for doing such illegal things. Sometimes they won't get you at once because they have much data to process but they will always get you in long term.

    It's quite surprising that so much haxors, warez and mp3 traders use IRC. You would first conjecture a priori that they should know at least a little about security. But they are plainly too stupid to grasp even the elementary facts.

    --
    Owner of a Mensa membership card.
  39. just stop buying riaa music by onesandzeros · · Score: 1

    It may be inconvenient to do so, but I suggest buying cds pressed by record labels that aren't under the riaa umbrella. I don't mean a boycott, I mean permanently. Most of it's shit anyway, isn't it?

    Sure there are some Smiths cds that I don't have, but I'll live.

    1. Re:just stop buying riaa music by Anonymous Coward · · Score: 0

      Also, if you really need to buy Riaa music (why?) make sure to buy used cds, since the music won't directly go into their coffers. I did this when I wanted to buy the GTA score cds.

    2. Re:just stop buying riaa music by Chess_the_cat · · Score: 0

      It may be more than just 'inconvenient.' The RIAA produces 90% of all recorded music. People seem to think the RIAA represents the major labels only but that simply isn't true.

      --
      Support the First Amendment. Read at -1
  40. Can I... by Anonymous Coward · · Score: 0

    ...offset the cost of the pile of shit tracks and album fillers that I have bought and not listened to against the cost of the MP3s I've downloaded that I like?

    1. Re:Can I... by Anonymous Coward · · Score: 0

      Yes you can but if you do that it won't get you far. those fillers arn't worth anything anyway!

  41. Questiion: by cybercuzco · · Score: 1

    What is going to happen when this reduces the RIAA's sales figures because people are trying out less music?

    --

    1. Re:Questiion: by Anonymous Coward · · Score: 0

      More likley to reduce their sales because anyone who would buy music is bankrupt after being sued by the RIAA for swapping music!

    2. Re:Questiion: by NeuroManson · · Score: 1

      They'll blame it on file sharing, naturally.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  42. Mega Corporations and their dying business models by Lobsang · · Score: 4, Insightful

    The RIAA is trying to cling to its old business model, when it clearly does not apply to today's technological/economical reality.

    They don't want to stop file-sharing to protect artists. Bullshit! They don't give a rat's ass for the artists. All they want is to protect their business model and, of course, some well paid and obsolete corporate tycoons.

    If they really want to stop piracy, or at least reduce it immensely, here's a recipe: Drop the price of a CD to $3.00. I bet you MP3 file sharing will go down the next day. But then... Ah, how's poor RIAA exec going to pay for his BMW? It's Easier to sue everybody.

    I almost pity the poor bastards. They're dinosaurs fighting against two formidable foes: Time and Technology...

  43. Wow by chrisgeleven · · Score: 1, Insightful

    Reading these posts, you would think /.'ers have a moral obiligation to download illegal copies of music.

    Stop crying. Your stealing and the RIAA is going after you. Your basically shoplifting. How is this any different?

    Your free ride is over.

    1. Re:Wow by urmensch · · Score: 1

      If you're coming from the mindset that you've been getting ripped off buying music since cd's first hit the shelves, then perhaps you can justify ripping them back.

      -

      I've seen many people pay incredible markups for music they own on vinyl and tape previously. So while many people are just stealing, there are others who are legit. like me ;)

    2. Re:Wow by anttik · · Score: 1

      Your basically shoplifting. How is this any different?

      It's copyright infringement, not shoplifting.

      Shoplifters take something 'real' like bananas. (Aren't bananas what all shoplifters are after?) When someone takes a banana out of a bowl, then the bowl is one banana short.

      But if the bowl is full of Barbra Streisand records and someone copies one record, it's still as full of Barbra Streisand records as before.

      See the difference?

      Both are illegal acts, but only the first one is shoplifting. Even basically.

    3. Re:Wow by donutz · · Score: 1

      How many times do you have to read it? It's not stealing, it's copyright infringement. The record labels and artists did not give you permission to re-distribute copies of their work; they retain all "copy rights".

      So what I want to know is, for the crowd of your average file swappers, many may not even be aware of the legal issues they've involved themselves in, or even that they're not supposed to by getting these songs for free.

      So is it they, or the "distributors" of the songs who should be in trouble? If you buy a bootleg CD from the store, not knowing it wasn't authorized by the band, do you get in trouble, or does the store?

    4. Re:Wow by dema · · Score: 1

      I have to agree that it is stealing, and these people should be punished. But not like this, the RIAA doesn't give a damn who they punish, or what they prove, they are just using this as an excuse to get way more money then they would ever make from people buying the CDs they download. All the RIAA wants to do is throw their weight around, and that's something worth fighting against.

    5. Re:Wow by anno1a · · Score: 2, Interesting

      We're not stealing... We try it... We like it = we buy it! Now that iw what RIAA fail to comprehend. I have bought many cds which I wouldn't have even heard of, if it wasn't for the illegal distribution of music. Because the radio won't let me listen to alternative music, I can only find out about it on the internet (Or rarely on special shows in the middle of the night). But I have no doubt, that I will be sued and condemned by RIAA if they should ever catch me doing something nasty, because they can't fathom why on earth I would want to buy the CD if I already had the music on my computer.

      --
      ------- I fumbled my registration and I now must suffer
    6. Re:Wow by ugly_a · · Score: 0

      Hey... Aren't you the new RIAA executive who's suppsoed to be on board next month?

    7. Re:Wow by tinrobot · · Score: 1

      But if the bowl is full of Barbra Streisand records and someone copies one record, it's still as full of Barbra Streisand records as before.

      That's just wrong. There needs to be fewer Barbara Streisand records... and not just in the bowl.

    8. Re:Wow by Anonymous Coward · · Score: 0

      So is it they, or the "distributors" of the songs who should be in trouble? If you buy a bootleg CD from the store, not knowing it wasn't authorized by the band, do you get in trouble, or does the store?

      If you buy a seemingly genuine CD in a music store, which afterwards turns out to be counterfeit, you have nothing to worry about. If however you buy it in an alley or off a guy on the road with a hundred CD's under his jacket, you should be aware that you are at risk of aquiring illegitimate CD's and are thus liable. I think that it's quite obvious to most people that it's not the music companies sharing their CD's on Kazaa and that it may not be all that legit. Looking the other way when in doubt will not protect you from the law. Only when the average, goodwilling person could not have known better (example of getting counterfeit CD's from a reputable music store) is he protected from liability.

    9. Re:Wow by Anonymous Coward · · Score: 0

      Speak for yourself. I have 15 GB of MP3s and I haven't bought more than 15 albums in my entire life. I know what I'm doing is wrong, and I don't care. If I like an artist, I buy a t-shirt or go to a concert, but I'm not going to give my money to the RIAA.

    10. Re:Wow by GauteL · · Score: 1

      I see you have bought into the idea that copying equals theft. You also seem to think that this notion is not controversial.

      When you copy, you don't remove an item from the seller. They can still sell to someone else.

      When you copy, there is a huge chance that the seller does not actually loose anything at all. When you steal, the seller has lost something concrete.

      If unauthorized copying equals theft, then copying Maya equals stealing a car. Yet, the person who copied Maya would probably NEVER EVER by the application because of it's huge price tag. The makers of Maya have thus lost nothing, while the car store have lost a car which they cannot sell to someone else, because you have taken it from them.

      Copying is NOT theft. You are NOT shoplifting by downloading the latest singel from Justin Timberlake.

      It is still illegal, and unethical, but it is not considered a big crime by the general public, and having the law give out penalties that is far more than what the general public thinks is the right punishment is a dangerous path.

      I would guess most people think a fine of about $50-500 depending on how much you have copied is an acceptable punishment. Fines of the store price of the items copied is NOT acceptable.

      You don't take away the life savings of a college student for copying some music.

    11. Re:Wow by Anonymous Coward · · Score: 0

      Your trolls will be more entertaining if they are not so predictable. You have to be creative.

    12. Re:Wow by Anonymous Coward · · Score: 0

      Your stealing and the RIAA is going after you.

      OK. I agree that the RIAA is going after me. But how exactly is my stealing going after me?

    13. Re:Wow by forii · · Score: 1

      Shoplifters take something 'real' like bananas. (Aren't bananas what all shoplifters are after?) When someone takes a banana out of a bowl, then the bowl is one banana short.

      This explains how Piracy is stealing.

  44. Here's my letter to Congress... by Emmettfish · · Score: 1
    Enjoy.

    I'm still surprised to see so much insane stuff in this thread, like 'If you take your music to your local radio station, they'll play it.' I live in Center City Philadelphia, the fifth-largest radio market in the United States. Clear Channel owns everything. Sheesh.

    1. Re:Here's my letter to Congress... by Anonymous Coward · · Score: 0

      Actually in Philadelphia, Viacom owns everything.

      Like I said in another reply to one of your posts: You are an A-1 asswipe.

  45. Scary by joepa · · Score: 5, Insightful

    Even if you normally defend the right of the RIAA to try to prevent copywritten music from being stolen, this should seriously scare you if you care anything about your privacy. Just in case there is still anyone who isn't fully aware of this, the RIAA, under the DMCA, is able to file informational subpoenas without the signature of a judge. This particular provision of the DMCA has been unsuccessfully challenged by Verizon in US District Court.

    So, even if you have never downloaded a copywritten mp3, the RIAA (if they wake up one morning and decide that they feel like it) can legally demand information about you from your ISP. Your real name, your address, your phone number, and who knows what else. This, my US citizen friends, is unacceptable. And don't get me wrong, I'm all for the enforcement of the law, but when my privacy can be violated for the sake of finding who the person is that stole the latest Justin Timberlake single so that the RIAA can fine them for between $750 to $150,000, then things have gotten out of hand.

    1. Re:Scary by jez9999 · · Score: 1

      So, even if you have never downloaded a copywritten mp3, the RIAA (if they wake up one morning and decide that they feel like it) can legally demand information about you from your ISP.

      They can demand it but they won't get it. I'm not a US citizen ;-)

    2. Re:Scary by Anonymous Coward · · Score: 0

      As time goes on, I sometimes think that I may want to leave the US... can I come live with you?

    3. Re:Scary by anthony_dipierro · · Score: 1

      Your real name, your address, your phone number, and who knows what else.

      I know what else. Whatever I gave the ISP in the first place.

      Why do I care if the RIAA knows the stuff that Verizon already knows? Sorry, this doesn't scare me at all.

    4. Re:Scary by Anonymous Coward · · Score: 0

      Arrrrrrrrrrrrgggggggggggh!

      There is no such word as "copywritten". Copyright is a RIGHT. It has nothing to do with writing.

      The word you want is "copyrighted".

      Thank you.

    5. Re:Scary by Sabalon · · Score: 1

      And if I posted something critical and not very flattering, but true about a company? They could somehow claim DMCA and get that info as well, makes for fine harrasment.

      Or what if I worked for Delta and posted an anonymous comment on some message board expressing my dissatisfaction with the cuts on the line while the higher ups get bonuses. And Delta could somehow get that info from the ISP. All of a sudden I get the crappy hours, replacing toilets and getting a drug test every other day.

      True - they'd have to provide some DMCA notice, but how long before ISP's just turn over the info in a heartbeat?

    6. Re:Scary by deblau · · Score: 1

      Turn it around then. Anyone with a few hundred bucks wanna informationally subpoena the hell out of the RIAA? They've got tons of music, how do I know they didn't steal it from me?

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    7. Re:Scary by geekee · · Score: 1

      Luckily Verizon is still pushing for legal changes to the DMCA to limit this DMCA provision. Although I don't think they should need to get a judge's signature for each individual infringer (that's just trying to protect file sharers through beuracracy), a judge should need to sign off on groups of file sharers, by looking at how the IP addresses were obtained, and determining whther this method show reasonable suspicion of illegal file sharing which would warrant a subpoena.

      --
      Vote for Pedro
    8. Re:Scary by anthony_dipierro · · Score: 1

      And if I posted something critical and not very flattering, but true about a company? They could somehow claim DMCA and get that info as well, makes for fine harrasment.

      How is it harrassment to get information?

      Or what if I worked for Delta and posted an anonymous comment on some message board expressing my dissatisfaction with the cuts on the line while the higher ups get bonuses.

      You should have used encryption.

      All of a sudden I get the crappy hours, replacing toilets and getting a drug test every other day.

      Guess you'll be smarter next time, now won't you?

    9. Re:Scary by Sabalon · · Score: 1

      How is it harrassment to get information?

      It's not, but once they know who I am they could harrass me based on the info they got.

      You should have used encryption.

      Uh...yeah...for a line workder at Delta as in my example, I'm sure they will be griping on 3DES message boards.

      Guess you'll be smarter next time, now won't you?


      Smarter than tha average /. poster.

    10. Re:Scary by anthony_dipierro · · Score: 1

      How is it harrassment to get information?

      It's not, but once they know who I am they could harrass me based on the info they got.

      So? You want to ban information just because it might be used in a slightly annoying manner? I don't get it.

      Uh...yeah...for a line workder at Delta as in my example, I'm sure they will be griping on 3DES message boards.

      I stand by my assertion. This doesn't scare me at all. Yes, there is a theoretical possibility that some theoretical person could in theory be scared by such a thing, but I'm not one of those theoretical people. But then again, if I'm dissatisfied with my employer I'm going to speak to my manager and/or quit. I'm not going to hide behind some Anonymous Coward account and post it to the internet. I'm tempted to say that anyone who does that shit deserves to be fired.

  46. How about Aruba? by Trigun · · Score: 1

    From Aruba.com re: their government.
    You will find that Aruba is a very safe, stable and friendly Dutch island within the kingdom of the Netherlands.

    They live off of tourism and banking. They produce their own electricity (albeit coal fired). They are close enough to S. America that you can make a good run for it should you need to. They are located outside of the hurricane belt, have two seasons (summer and more summer), and have a sufficiently large white population that a cracker like me would not feel out of place or construed as a 'White Devil'.
    Anyone farmiliar with Dutch law?

    1. Re:How about Aruba? by inburito · · Score: 1

      Mmm.. Dutch law. If it is anything like mainland it should be all good. (Think amsterdam)

    2. Re:How about Aruba? by Cpt_Kirks · · Score: 1

      Anyone farmiliar with Dutch law?

      Legal whores.

      Legal Dope.

      Good Beer.

      `nuff said...

    3. Re:How about Aruba? by FunkSoulBrother · · Score: 1

      The dutch just recently attacked Gambling rights so its not as if they are consistant with their laws.

    4. Re:How about Aruba? by FunkSoulBrother · · Score: 1

      If you don't think the United States can use the World Bank and other such global financial organizations to ruin a country based on banking like Aruba then you are in for a surprise.

    5. Re:How about Aruba? by Trigun · · Score: 2, Funny

      I don't think that the U.S. would ruin a nation's economy just because of little old me.

      They'd probably just stick me in Guantanamo for musical terrorism.

    6. Re:How about Aruba? by Cpt_Kirks · · Score: 1

      If you have good dope, beer and whores, do you really need gambling?

    7. Re:How about Aruba? by FunkSoulBrother · · Score: 1

      If you have good dope, beer and whores, do you really need gambling?

      True enough, but its a matter of principle, dammit. :-)

  47. Tell it to the judge snapper head by codepunk · · Score: 1

    Yea, the judge is going to buy that argument. I don't like MEGA CORP'S either but reguardless music sharing on the internet is ILLEGAL period. The same goes for people that pirate Windows and other software. I will not hesitate to turn in a pirate, busting pirates quickly turns them into OSS users.

    --


    Got Code?
    1. Re:Tell it to the judge snapper head by Emmettfish · · Score: 1
      Yea, the judge is going to buy that argument. I don't like MEGA CORP'S either but reguardless music sharing on the internet is ILLEGAL period. The same goes for people that pirate Windows and other software. I will not hesitate to turn in a pirate, busting pirates quickly turns them into OSS users.

      You're wrong. I release my own music on the internet for free, and I always have. It's not illegal to share it. It's idiocy like yours that makes it possible for the RIAA to trample on systems that keep my music sharable.

      Jerkoff.

    2. Re:Tell it to the judge snapper head by Lobsang · · Score: 1


      Yea, the judge is going to buy that argument. I don't like MEGA CORP'S either but reguardless music sharing on the internet is ILLEGAL period. The same goes for people that pirate Windows and other software. I will not hesitate to turn in a pirate, busting pirates quickly turns them into OSS users.


      I'm not saying it's legal to swap songs. It is clearly illegal. What I am saying is that the RIAA goes around saying that it hurts the artists, when they in fact don't care about artists at all. All they care about is their huge profits.

    3. Re:Tell it to the judge snapper head by Anonymous Coward · · Score: 0

      That's because there isn't anyone willing to pay for it.

      Asswipe.

    4. Re:Tell it to the judge snapper head by Emmettfish · · Score: 1

      Except that I have been paid for it, by people that license it from me to put in videogames. Eat a bag of dick.

    5. Re:Tell it to the judge snapper head by Anonymous Coward · · Score: 0

      As if anyone would actually put your shitty music in a video game.

    6. Re:Tell it to the judge snapper head by Emmettfish · · Score: 1

      Whatever, troll. Consider yourself ignored.

    7. Re:Tell it to the judge snapper head by Anonymous Coward · · Score: 0

      Except, to the RIAA, it is illegal, and they can sue anyone, no matter what the music is, whether or not you produced it, whether or not you wrote it. The RIAA is going after all people that share.

    8. Re:Tell it to the judge snapper head by moncyb · · Score: 1

      Why don't you go to his friggin site and download a song? They're perfect for video game music.

      Idiot.

  48. Rats and the RIAA by n0nsensical · · Score: 1

    It's like with a rat. You put a rat in the cage and give it a food pellet every time it does something, and you can rest assured it will keep doing that to get the food. The RIAA has discovered two things that give it the food, its business model, and suing people, and it's now going to keep doing just that. All we can hope is that one time someone slips it some rat poison instead of food...

  49. Don't stick your head in the sand by Anonymous+Brave+Guy · · Score: 1
    mIRC and the IRC protocols are too widespread and too basic for them to monitor all of it accurately

    Sure, and they'll never go after the little guys using P2P because there are too many of them and it'd clog up the court system. You can break the law with impunity because you'll be below their RADAR. Oh, wait...

    It's relatively trivial for them to find out who's using IRC to transfer files around. They probably don't even need to monitor the direct file transfer itself; the set up will do nicely. Suppose you go onto a server, and ask if anyone's got an MP3 of the latest Eminem track. If they have someone there who says yes and you ask them to send it to you, you probably just screwed yourself. If the police can do it in chat rooms to track down scumbags trading kiddie porn, what makes you think the RIAA can't do it to track down music traders?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Don't stick your head in the sand by Anonymous Coward · · Score: 0

      If the police can do it in chat rooms to track down scumbags trading kiddie porn, what makes you think the RIAA can't do it to track down music traders?

      Entrapment legislation, depending on jurisdiction.

    2. Re:Don't stick your head in the sand by Anonymous Coward · · Score: 0

      Entrapment doesn't apply to citizens, only to law enforcement agencies.

  50. -1 stupid by Anonymous Coward · · Score: 0

    MOD parent up!

  51. Use DMCA subpeonas to find spammers? by obiwan2u · · Score: 2, Interesting
    The subpeonas being talked about here are issued under the DMCA act where court involvement is, essentially, not required.

    So if a spammer uses some copyrighted information in the contents of his spam, can the copyright holder use the DMCA "subpeona cause I feel like it" clause to find the spammer?

    Also, there's a section in the DMCA (section 1309.c) which says that if you didn't realize it was copy protected, it's not you're fault. Maybe a loophole?

    --
    Ben in DC
    "It's the mark of an educated mind to be moved by statistics" Oscar Wilde
    1. Re:Use DMCA subpeonas to find spammers? by vegetablespork · · Score: 1
      So if a spammer uses some copyrighted information in the contents of his spam, can the copyright holder use the DMCA "subpeona cause I feel like it" clause to find the spammer

      Sure, if you can convince the Chinese or Korean ISP to honor the subpoena.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:Use DMCA subpeonas to find spammers? by Anonymous Coward · · Score: 0

      So if a spammer uses some copyrighted information in the contents of his spam, can the copyright holder use the DMCA "subpeona cause I feel like it" clause to find the spammer?

      Sure, but the copyright holder is usually the spammer :P

  52. Pay the EFF now, or Pay the RIAA later. by HanzoSan · · Score: 5, Insightful

    Pay EFF

    These are your options. Pick one.

    RIAA

    --
    If you use Linux, please help development of Autopac
    1. Re:Pay the EFF now, or Pay the RIAA later. by koko775 · · Score: 5, Funny

      Because everyone really wants to EFF the RIAA up. :)

      (don't kill me for the bad pun please)

    2. Re:Pay the EFF now, or Pay the RIAA later. by Anonymous Coward · · Score: 0

      And try to purchase second-hand cd's or vinyls if you are a collector like I am, and must have the real, physical record.

      I won't be buying any more records that provides the RIAA with more fuel, ever.

  53. in the... by Anonymous Coward · · Score: 0

    In the US the DMCA / RIAA / MPAA will
    kick you
    Fuck You
    kill you

    1. Re:in the... by Anonymous Coward · · Score: 0

      and I'll shoot them in their fucking head

  54. Simple Solution by mormop · · Score: 2, Interesting

    There are now more file swappers than people who voted in the last presidential election so use p2p to construct a campaign advertising that any presidential candidate who will give a publicly sworn or even better, written guarantee to tame the RIAA will get the entire vote of the file swapping community thus guaranteeing them a win in return.

    OK so copying music is illegal but the RIAA should stop behaving like a bunch of spoilt 4 year old fuckwits and adapt to the new marketplace in the same way that the British coal miners had to adapt to changes in the coal industry when Maggie "the mad phsyco bitch queen from hell" Thatcher killed it off in the 80's.

    C'mon you lot over the pond, you keep going on about democracy, give a demonstration 'cos we've forgotten what it is in the UK!

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
    1. Re:Simple Solution by obviousunknown · · Score: 1

      The MPAA did the same thing when VCRs first came out. They sued sony, and lost. Then they started suing VCR owners, until they had the great idea of selling their own VCRs. Look at the income that brought in.

      RIAA disliked the use if radio; said it was free music. Suddenly they found a way to use it to their advantage. What they need is to see the big picture and the oppertunity they have.

      --
      -What the hell is a signature anyway?
    2. Re:Simple Solution by Anonymous Coward · · Score: 0

      There are now more file swappers than people who voted in the last presidential election

      Too bad 90% of them can't vote due to age or citizenship.

    3. Re:Simple Solution by mormop · · Score: 1

      I have doubts on your 90% figure and suspect as high enough number will exist to be able to tip the vote. Bush ain't looking so good since he and tony the poodle got caught out lying and it may be a damn site easier to scare a candidate into tagging along than you think.

      Let's face it, no politicians now are particularly interested in the welfare of their citizens and are generally in it for the power. Play their greed and desperation for high office, that's all the corporate lobbyists are doing.
      Whatever, you either do something or sit back and let the RIAA shit on you from a great height

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
  55. No its not ok. by HanzoSan · · Score: 1



    Even if you own the CD, you will be assumed guilty until you can prove you are innocent. After they raid your house, and take you to court, then you can look for proof that you purchased CDs.

    Of course the RIAA can always pressure you to settle, knowing they have super lawyers and knowing you cant win the case even if you did buy the CD.

    --
    If you use Linux, please help development of Autopac
  56. And so it begins. by Lonath · · Score: 3, Interesting

    I knew this would happen months ago. :P The great shakedown starts. If they want to stop P2P, they should destroy particular users. But no, since it's not about the P2P, but about the shakedown, they'll stick to a few thousand bucks per year. Increasing as people refuse to stop P2P.

    If it pisses you off. Never give them money again.This is not a "boycott" which has the overtones of people who are willing to go back to buying once the companies clean up their acts. This is a "lifestyle change" where you realize that they will lie and fuck you over so you never give them money ever again. No matter how much they protest that they've "cleaned up" down the road.

    1. Re:And so it begins. by Anonymous Coward · · Score: 0
      And there's plenty of legitimately free music out there. On a business trip I just met a guy whose side job is setting up websites for musicians. He said all his clients love P2P, encourage filesharing, and make a lot of money selling their own CDs. Some of them used to have major-label record contracts, and were barely scraping by with them.

      If you must have major-label recordings, a legal and relatively cheap option is to get them used. The RIAA is pissed about used-CD shops too, but there's not much they can do about them.

  57. This'll annoy the hell out of them. by Conor+Turton · · Score: 1

    I'm in the middle of deliberately downloading MP3's of every song I can think of through Kazaa. Two problems for the RIAA with this: 1) I'm in the UK - so fuck em. 2) In the UK I'm entitled to have a copy of any music I've paid for in a format of my choosing. Like to see them do something about that. The worst they could do is get a judgement against me in the US but seeing as I don't ever intend setting foot in the Communist Replublic of the USA I can't see that being too much of an issue. USA - Land of the free? If that's freedom you can keep it.

    --
    Conor "You're not married,you haven't got a girlfriend and you've never seen Star Trek? Good Lord!" - Patrick Stewart
    1. Re:This'll annoy the hell out of them. by arose · · Score: 1

      "Communist Replublic of the USA"

      You mean United Sovyet America?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    2. Re:This'll annoy the hell out of them. by Anonymous Coward · · Score: 0

      No .... united corporations of america

    3. Re:This'll annoy the hell out of them. by 0111+1110 · · Score: 1

      That's the "People's Republic of America" to you pal. Although this seems like a case (private lawsuits) of large corporations abusing their freedoms. The recent unjust laws just makes it cheaper and easier for them to do so. This is one of the few occasions when my views are more socialist than Libertarian. The power balance in favor of large corporations with money has just gotten out of hand. Wasn't there a time when judges were biased against large corporations in favor of the individual? Nowadays corporations and governments seem to agree on most things.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:This'll annoy the hell out of them. by Anonymous Coward · · Score: 0

      " I'm in the middle of deliberately downloading MP3's of every song I can think of through Kazaa. Two problems for the RIAA with this: 1) I'm in the UK - so fuck em. 2) In the UK I'm entitled to have a copy of any music I've paid for in a format of my choosing. Like to see them do something about that. The worst they could do is get a judgement against me in the US but seeing as I don't ever intend setting foot in the Communist Replublic of the USA I can't see that being too much of an issue. USA - Land of the free? If that's freedom you can keep it."

      Given you're the one downloading songs you haven't paid for, I'd you're the communist.

  58. The question is... by Anonymous Coward · · Score: 1, Funny

    Will it be in that order? They might be necrophiliacs.

  59. Support Howard Dean by Idou · · Score: 2, Interesting

    "Write your congressperson and tell him or her it's time to turn copyright protections back into what they were designed to be"

    This is America . . . Money walks, right? Almost all politicians get their money from rich, influential groups. Letters might make the politicians aware of the problem but only money will win their support. Howard Dean is the only politician I am aware to receive most of his $ support from regular individuals (if there are others, please post here). We should support these types of politicians and ignore the rest. Remember, the best way to kill a politician is to ignore them.

    --
    Sdelat' Ameriku velikoy Snova!
    1. Re:Support Howard Dean by jez9999 · · Score: 1

      We should support these types of politicians and ignore the rest. Remember, the best way to kill a politician is to ignore them.

      Hmm... I would've thought a sawn-off shotgun would work more effectively.

    2. Re:Support Howard Dean by EpsCylonB · · Score: 1

      Abolish the UK TV licence fee!

      And have crappy public television like they do in America ?

  60. Creating another branch by shione · · Score: 1

    This will just push people into using other services, just like what happened with napster and AG.

  61. I guess . . . by Idou · · Score: 1

    If you are paying $50 a month for a Time Warner cable connection, it also includes free music downloads! ;)

    --
    Sdelat' Ameriku velikoy Snova!
  62. Support Freenet now, or Support the RIAA later. by HanzoSan · · Score: 3, Insightful



    Which do you prefer? Corperate Welfare? Freenet?

    http://freenetproject.org/

    Options are limited, you are a slave to the RIAA, or you support freenet.

    --
    If you use Linux, please help development of Autopac
  63. And in related news... by Anonymous Coward · · Score: 0

    Freenet traffic jumped 1200% today, and trading prices for hard drives plummeted by an average of 40 cents on the dollar.

    Seriously, the major hard drive manufacturers should just buy out several of the RIAA's members. MP3s are one of the major forces driving larger HDD sales.

    1. Re:And in related news... by Anonymous Coward · · Score: 0

      Thats if the RIAA dosen't sue them for selling a device that aids in the piracy of music.

  64. Just pay the damned RIAA. by HanzoSan · · Score: 1


    I mean we know you support them, I mean its not like you subscribed to http://freenetproject.org/ or EFF

    You know, you can pay your $ to the RIAA, or you can pay the EFF, but either way you are going to pay.

    So who would you prefer tax you?

    --
    If you use Linux, please help development of Autopac
  65. Non-Violent Criminals Are So Violent! by Anonymous Coward · · Score: 2, Interesting

    First they came for the spammers, and I did not speak out--
    because I was not a 419er;
    Then they came for linking to the DeCSS, and I did not speak out--
    because I was not 2600;
    Then they came for reverse engineering, and I did not speak out--
    because I was not Dmitry Sklyarov;
    Then they came for the file traders, and I did not speak out--
    because I was not a K-Lite user;
    Then they came for me--
    and there was no one left to Slashdot for me.


    - tim.movementarian.com

    1. Re:Non-Violent Criminals Are So Violent! by m00nst0ne · · Score: 1

      Exactly! The freedom to share information has to be protected outright, no exceptions. What if the P2P files are child pornography? Should the government be allowed to scan the internet, (perhaps read your email) see the files you are sharing on your computer, use ISPs as their lapdogs, come to your house, and lay charges. You have to believe in P2P without exception. If not, over the next 20 years, the internet as we know it, will collapse like a house of cards.

  66. Pay for the damned music you sneak thief! by HanzoSan · · Score: 2, Funny



    Stop stealing the RIAA's profits and pay their damn tax!

    You arent from Boston like me, so you dont get a teaparty.

    --
    If you use Linux, please help development of Autopac
    1. Re:Pay for the damned music you sneak thief! by Anonymous Coward · · Score: 0

      I think it's time to dump a load of boy bands in the Boston harbor!

    2. Re:Pay for the damned music you sneak thief! by PenguiN42 · · Score: 1

      I already do pay a tax to the RIAA, every time I buy a burned CD.

      So, I figure, If I've bought enough burned CDs, there's no problem with be downloading some free music. No? ;)

      --
      The following sentence is true. The preceding sentence was false.
    3. Re:Pay for the damned music you sneak thief! by PenguiN42 · · Score: 1

      That should be "burnable CD"

      --
      The following sentence is true. The preceding sentence was false.
  67. Oh please (put your asbestos on) by Anonymous+Brave+Guy · · Score: 1
    Doesn't this permanent attack of personal rights, erosion of privacy and draconian regulations equate a tiranny?

    Um... No.

    You have no personal right to break the law. If it were a case of life or death abuse, or someone was in immediate danger of harm, you might have a moral case for taking the law into your own hands, but this is nothing like that. There are processes to advocate changes in the law if you don't like it, and choosing to break the law instead is not an appropriate response.

    Your right to privacy is being eroded because you or people like you abused it, and didn't fight hard enough to keep it.

    The "draconian" regulations are similarly there because straightforward, more trusting agreements were flouted en masse by a significant fraction of the population.

    You brought this upon yourselves, you have no-one to blame but yourselves, and you deserve everything you get. It's a shame that the innocent parties who weren't involved in the widespread abuse get hit with the same thing because of your own social irresponsibility.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Oh please (put your asbestos on) by Anonymous Coward · · Score: 0

      See, you make it sound like there is some recourse against bad laws. Cute, but wrong.

      There are two options. You can make a few million dollars that you're willing to put into buying counter-legislation (in the process probably becoming just as bad as those you seek to fight), or you can form a humongous group of the same apathetic and/or stupid people who are the cause of all of this in the first place, and rally them to get up off the couch and demand sweeping changes in existing laws that they have probably never even heard of before.

      Good luck.

  68. Collusion - RIAA + AOL by Remik · · Score: 5, Insightful

    "There were no subpoenas on file sent to AOL Time Warner Inc., the nation's largest Internet provider and also parent company of Warner Music Group."

    Ridiculous. The largest ISP doesn't get a single notice, while Verizon, the only ISP with enough backbone to fight for their customers, gets over 100. The RIAA is selectively punishing those who don't use AOL, because members of AOL put money in the pockets of RIAA members.

    -R

    1. Re:Collusion - RIAA + AOL by EvilSporkMan · · Score: 1

      Perhaps it's because AOL is largely made up of 56kers? Honestly, who is going to share using a 56k modem?

      --
      -insert a witty something-
    2. Re:Collusion - RIAA + AOL by ShadowFlyP · · Score: 1

      Or maybe it's just that AOL users aren't smart enough to install Kazaa since it doesn't come on their nifty 5000 free hours disk.

    3. Re:Collusion - RIAA + AOL by Remik · · Score: 1

      These questions don't explain the huge difference in numbers between Verizon (100+) and Earthlink (3).

      It seems very clear that Verizon is being punished, while their number of subscribers alone should lead to at least one of the indictments being leveled at an AOL subscriber.

      -R

    4. Re:Collusion - RIAA + AOL by tinrobot · · Score: 2, Interesting

      Just a thought...

      Since AOL/Time Warner is part of the RIAA, do they even need to get a subpoena? They already have the user information a subpoena would provide.

      I thought the only reason they went after Verizon in court was that Verizon wasn't coughing up the names after being 'politely' asked by the RIAA thugs.

    5. Re:Collusion - RIAA + AOL by Remik · · Score: 1

      The different arms of these corporate behemoths are rarely interconnected. I believe that there was a /. story a while back where Sony was suing part of itself.

      I guess it's feasible that the ISP wing would just cough up the info to the Media/Lawyer wing, but I wouldn't think that sort of policy is really conducive to retaining customers.

      Stranger things have happened (at AOL)...I appreciate the insight.

      -R

    6. Re:Collusion - RIAA + AOL by jez9999 · · Score: 1

      Mmm but hang on, Verizon we just being bad guys by pulling out on providing Broadband to Pennyslvania, so they kind of deserve this as payback for that :-)

    7. Re:Collusion - RIAA + AOL by Anubis333 · · Score: 1

      TimeWarner/AOL own Road Runner, one of the largest cable modem networks in the US. I find it odd that not a single AOL or Road Runner user got a soupena. This is dirty.

    8. Re:Collusion - RIAA + AOL by Lost+Race · · Score: 1
      Verizon, the only ISP with enough backbone to fight for their customers
      The cognitive dissonance is warping my brain into some kind of Moebius knot.

      Verizon would never under any circumstances lift a finger for the sake of their customers. Verizon has never given a shit about their customers and never will.

      Verizon fought to keep their private data (customer access logs) private because: 1. that data could be valuable; 2. there could be something incriminating to Verizon in there; 3. they don't have a good public interface to that data and setting up a system to comply with such demands without stepping on some customer's rights (thus exposing Verizon to liability) would be a lot of work.

    9. Re:Collusion - RIAA + AOL by Remik · · Score: 1

      The reasoning doesn't really matter to me. The net effect of all of the above is that Verizon is the only ISP who has truly fought to keep the RIAA's hands off this information.

      -R

  69. This just in... by Anonymous Coward · · Score: 0

    There has been a sudden run of ISP's filling for bankruptcy after their customer base dropped by 90%.
    The sudden drop in customers is belived to be caused by the actions of the RIAA to prevent music sharing.

  70. Sue the thieves!!! by Anonymous Coward · · Score: 0



    You aren't customers if you are stealing music and robbing the RIAA of billions of dollars per year in profits.

    Pay the company before you force George Bush to pay them with tax dollars like he did with the airline industries.

  71. The Ball Is In Your Court, RIAA by aerojad · · Score: 1

    Go ahead and pull the trigger, start suing thousands upon thousands of music listeners. You'll spook the old people who don't understand it, and then when they die off, I invite you to try and maintin the same profits with the then grown-up and pissed off crowd whose lives you tried to wreck, when they become the dominant people buying what you put out.

    Not just geeks use file sharing apps, and not just geeks buy music. Do you really have any idea how many future customers you're turning off?

    --

    SecondPageMedia - Wha
    1. Re:The Ball Is In Your Court, RIAA by debest · · Score: 1

      start suing thousands upon thousands of music listeners

      The point is that they *won't* start suing thousands of listeners. The only ones that will be sued (and made examples of) will be the really hard-core geek that will easy to publicly spin as an "antisocial" "hacker" (in other words, the class of citizenry that ordinary people think they would rather not have around anyways). Extra bonus points to the RIAA if they find an RMS-like dweeb who is proud to try to explain his actions while sounding like a lunatic in the process.

      All the ordinary people will be left alone.

      As another poster pointed out, the intent is not to actually sue all the users of P2P, but rather to ramp up another attempt to regulate/control P2P. That way, they fix the problem without going after users individually.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
    2. Re:The Ball Is In Your Court, RIAA by Anonymous Coward · · Score: 0

      The point is that they *won't* start suing thousands of listeners

      871 so far. 75 more each day. In a few months it WILL be "thousands".

      The only ones that will be sued (and made examples of) will be the really hard-core geek that will easy to publicly spin as an "antisocial" "hacker" (in other words, the class of citizenry that ordinary people think they would rather not have around anyways)

      Like anyone with 8 or more mp3's shared?

  72. "as few as eight songs"? by cait56 · · Score: 2, Insightful
    So now they're going after people who share as few as eight songs

    As near as can be determined from the article, all subpoena's are related to sites that are publically offering songs for download. There is nothing about targeting those who download, or intercepting of private file transfers between two people sharing.

    This is about people who are re-distributing works that they do not have rights to. The number of distinct titles is irrelevant to the legality, moralilty and actual damages of the act.

    These actions are not "sharing". They are about publishing material without permission of the owner. If you want to defend that practice, fine. You have the right to do so. But the wording strikes me as deliberately trying to confuse this act with minor infringements.

    I generally assume that those that need to confuse the issue have a weak case.

    My read of the story shows no signs of snaring legal behavior and/or truly minor infringements in some sort of rabid enforcement move. I only wish the Federal Government showed this much restraint and targeting when going after "terrorists".

    1. Re:"as few as eight songs"? by efflux · · Score: 1
      sites that are publically offering songs

      Sites? Why do you say sites? Caveat lector!

      --
      Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
    2. Re:"as few as eight songs"? by Anonymous Coward · · Score: 0

      I guess I read the article too fast because I didn't see anything saying it was sites not users. In fact they gave specific examples of user names they were going after.

      " I only wish the Federal Government showed this much restraint and targeting when going after "terrorists"."

      You call what they are doing without a judge's signature restraint? Well you got your wish since now the feds are doing the same thing.

      Loony

    3. Re:"as few as eight songs"? by alizard · · Score: 1
      This is about people who are re-distributing works that they do not have rights to. The number of distinct titles is irrelevant to the legality, moralilty and actual damages of the act.

      A broadcast quality MP3 is a promotional product of zero actual commercial value.

      There is NO market for them.

      Putting a MP3 on a P2P network is the moral equivalent of getting it a few free airplays on a commercial radio station. Stupid, maybe, but immoral?

      You can argue that it's illegal. While you state the legal position correctly, this is only true due to RIAA buying laws to order.

      Arguing that it's immoral suggests you should find some other basis for your thinking than RIAA propaganda.

    4. Re:"as few as eight songs"? by cait56 · · Score: 1

      And typical users can offer sites on their machines.

      The cases cited dealt with songs being available for download. That sounds like a site of one type or another. Not an incidental DCC transfer that arose as part of an actual conversation.

      Intercepting private communications to look for copyrighted material would be an illegal search and/or a violation of privacy. I would be just as outraged.

  73. What to do.. by CashCarSTAR · · Score: 1

    What to do..

    What to do..

    Boycott? No, that will just make the numbers worse, which will actually make the RIAA's case "stronger". Corporate ego and hubris will prevent them.

    What we have here is a market failure. Believe it or not, it is not with CDs. Although expensive, with the Internet, you can order anything pretty much. As well, the rate of which used CD places are popping up is helping things. (Although the situation will get worse fairly quickly IMO)

    No, where the market failure is in is the radio market. That is obvious. The consolodation of both stations and playlists, as well as the rerising of the "playola" scam, is standardizing the industry, to the detriment of music lovers.

    That is really where P2P is competing. With Radio. CD sales are fairly stable (which frankly is a minor miracle, considering the competition from DVDs and the weak economy). From an economic standpoint, the actual music industry is actually rather uninvolved in this.

    Yes, technicially it is illegal. However, it is correcting a market failure, and this needs to be acknowledged. Either in opening up competition in radio broadcasting, (especially webcasting) or allowing filesharing.

    Their choice.

    1. Re:What to do.. by Whoever · · Score: 0

      Read this article...

  74. Not their ethics, their method by Locky · · Score: 1

    I don't question the right of the RIAA to enforce their members' copyrights, I do however wish to see a little bit of headroom. There is no doubt in my mind the most sickening aspect of the RIAA is their gestapo-like operation; if your head hurts, decapitate yourself.

    I am a great music lover and often purchase music that is 20-30 years old by popular artists at the time. I use P2P to try and find rare songs that some of these bands have recorded, but are nigh on impossible to purchase. What exactly is my crime? On that same token, more than half of the albums I own were influenced from hearing the bands' MP3 from Napster, Kazaa or Direct Connect.

    Its certainly time the RIAA stop exploiting their racket, and start exploring other ways of content delivery, take a damn clue, 60 million (or whatever the figure was) Americans can't be wrong.

  75. Did I say anything about Political Parties0? by Idou · · Score: 1

    If you honestly believe that political parties have more influence than $, then there is no reason to argue with you because you have clearly lost touch with reality.

    Show me a Republican (or whatever "party" you think is the answer to all worldly problems (read as: don't need to think for myself because party thinks for me) with a similar effort to create a grassroot supported campaign, and I will gladly visit their site and consider supporting them.

    I don't care about "political parties." It seems like a completely obsolete way to get one's message out cheaply. The Internet exists now. Don't you think it is time you started thinking for yourself?

    --
    Sdelat' Ameriku velikoy Snova!
    1. Re:Did I say anything about Political Parties0? by Joe+Tie. · · Score: 1

      Well said. I disagree equally with both the Democrats and Republicans on some of the most important issues to me. Even within one party they often hold such self contridictory positions that I don't really understand how anyone can agree with the platform enough to consider themselves really represented unless, as you say, it comes down to people preferring to not have to form their own opinions anymore. I'd much rather have something like liquid democracy.

      --
      Everything will be taken away from you.
  76. So what's the problem? by Cereal+Box · · Score: 4, Insightful

    Now the RIAA is targeting copyright infringers and not the tools themselves. What's the problem? Isn't that what they're supposed to do? Does this somehow prevent you from sharing non-copyrighted files over P2P (which, as we all know, is the "primary" use of P2P)?

    I mean, I just don't understand this mentality. Why do you feel like you're entitled to redistribute the copyrighted works of others? Why? When did this become a right? I can kind of understand downloading an MP3 of something you already own IF you can be sure it came from the copy of the album you own (i.e., none of this, "I bought the vinyl, now I'm entitled to the higher quality CD version" crap), but sharing the file to millions of people? I don't remember that being part of "Fair use".

    Simple solution: stop sharing copyrighted materials over P2P. If P2P really is this wonderful tool for sharing Redhat ISOs and MP3s of lame garage bands, then put your money where you mouth is. Don't share anything copyrighted, don't download anything copyrighted, and fully support the RIAA and MPAA when they go after people that do either. No one has gone to jail or ever will for sharing non-copyrighted materials. There might be cases here and there of people getting hassled over misunderstandings (that professor who had "Usher" in his MP3 filenames), but no one is going to get charged with anything if they really are on the up and up.

    1. Re:So what's the problem? by Anonymous Coward · · Score: 0
      does this include people providing search engine capabilities? A certain university student coughed up $12,000 which is a lot, but cheaper than litigation. Satellite companies are sending out notices to anyone who's bought a programmable smart card box, settle for $3,5000 or litigation. ignore that one, $10,000 or litigation. The court system no longer requires the plantiff to have a reasonable cause for a lawsuit and for most people, it's too expensive to fight even if they never did anything illegal. Sad but true.

      just a little nitpicking, everything written or composed or animated in the U.S. is automatically copyrighted, including this post and yours. Oh, and that includes lame garage bands

    2. Re:So what's the problem? by Anonymous Coward · · Score: 0

      Unless you think it's a citizen's duty to break bad laws.

    3. Re:So what's the problem? by Anonymous Coward · · Score: 0

      Transfer your assets to a relative or trusted friend (or blow it all at the track), let the fuckers get a default judgement, and declare bankruptcy.

    4. Re:So what's the problem? by stinky+wizzleteats · · Score: 2, Insightful

      Why do you feel like you're entitled to redistribute the copyrighted works of others?

      Because that is precisely the intent of legal protection of intellectual property. The idea was to give a temporary monopoly on the distribution of a work in exchange for having encouraged the development of that work. The point of copyright law is to encourage the free (beer and speech) exchange of these works by contributing them to the public domain.

      Now not only has the temporality of that social contract been voided, but we are in an age now where the content industry has been granted law enforcement privileges, and can actually dictate how I may use my own tangible property.

      The gloves have been off for a very long time. Because I will not be surprised when someone truly innocent (morally and legally) gets prosecuted by the effort, I will not pretend that the current state of justice makes sense. This means that Joe file trader is, in my opinion, every bit as innocent as Joe Sixpack was during Prohibition.

    5. Re:So what's the problem? by Anonymous Coward · · Score: 0

      I don't live in the US so you can take your RIAA and copyrights and shove them up your ass.

    6. Re:So what's the problem? by cpt+kangarooski · · Score: 1

      That's probably a fraudulent transfer. It hasn't fooled anyone (or worked) since the days of Queen Elizabeth. Bankruptcy is still an option though.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:So what's the problem? by Anonymous Coward · · Score: 1, Funny

      If you don't want to follow our laws, don't send your files here.

    8. Re:So what's the problem? by Jester99 · · Score: 4, Interesting

      I mean, I just don't understand this mentality

      Okay. They're going after the users, not the toolmakers. This is good. However, I'm still outraged for a few main reasons.

      1. The max penalty is $150,000 per song. Had you stolen a CD from a store, would you be charged $2,250,000 (assuming that there are fifteen tracks on a CD, not unreasonable)? Any store would be laughed out of court if they wanted 2 and a quarter million dollars in damages for a single CD. However, the RIAA gets away with it.

      2. The use of the DMCA outrages me. It's a violation of basic constitutional rights, like due process. They can subpoena you without a court order. They can force an injunction merely by notifying you -- they don't need to prove you guilty of something, merely suppose it. That's damned dangerous.

      3. There are legitimate uses for P2P. If, indeed, I've performed "copyright infringement," by downloading music, then that means that I've violated a license to listen to that music. That means that buying a CD isn't buying a specially pressed piece of plastic -- it's buying a license to listen to certain music. That means I'm legally justified in downloading MP3s of the songs I own on CD. And often times, I misplace CDs. So I feel totally fine about downloading MP3s of those CDs. However, if the RIAA saw me doing this, they'd slap me with a lawsuit. And then I'd have to waste thousands of dollars on legal fees proving that what I was doing wasn't illegal. And that unnerves me. I mean, you steal a CD from a music store, and lights flash, alarms go off, etc. It's pretty clear-cut as to who's stealing music and who's walking away with it legitimately. But the possibility for false positives on illegality for P2P makes it far less justified to just "shotgun" off lawsuits, especially to only casual users.

      4. A democracy is made up of the general will of the populace. MILLIONS of people in the country share files (lets save the debate about whether it's sharing or theft or whatever for another time. It's just the verb I'm using). Most of these people are college students and people in their twenties. These are the future of America. The RIAA is what, two hundred 50-year-old lawyers with a giant bank account?

      The government should be responding to how people act en masse. Copyright is a civil granted right -- it's not a natural right. That means the people can revoke it. (As opposed to your right to life, to not be beaten up on the street, etc.) And if millions of private citizens are acting in concert in a manner contradictory to how current copyright law acts, well, it's time to change the law.

      5. No one has gone to jail or ever will for sharing non-copyrighted materials

      Tell that to Dmitri Sklyarov.

    9. Re:So what's the problem? by grmoc · · Score: 1

      Yes, the RIAA is (finally) targeting the end-user. It is premature to call them copyright infringers-- they've not yet been convicted.

      Assuming that they ARE infringers, then I believe that the RIAA is doing something within the law.
      The unfortunate truth is that even if they are NOT infringers, and the RIAA doesn't have sufficient evidence to convince a resonable person, the RIAA is within the law to subpeona information about said persons.

      One of the problems with this is that there are no reasonable protections against this behaviour.

      As for supporting the RIAA et al- Not so long as they get away with price-fixing, and other nasty monopolistic practices (such as buying retroactive copyright extensions, etc).

      Whether or not they are within the law, and others not , I hope the association (et al) dies a horrible financial death and goes away. Copyright law had enough protections for these people already.

      I personally wonder if it is possible to sue the person or persons who stated that it would not be reasonable/possible to sue individual infringers. Obviously, if they are doing so, then it must be possible and reasonable.

    10. Re:So what's the problem? by antiMStroll · · Score: 2, Interesting
      Does this somehow prevent you from sharing non-copyrighted files over P2P (which, as we all know, is the "primary" use of P2P)?

      "We all know" is a term that has caused more historical injustice than we could all know. 'P2P' is a popular term describing a handful of sharing protocols with wide news coverage. Peer-to-peer file transfers on the other hand are the foundation of network computing. All files move from one computer in essentially peer-to-peer fashion. It will be impossible to tightly legislate the first without destroying the latter. There have been posts here describing how to move mp3's with lpr Unix print queues, will the RIAA have domain over printing as well?

      Why do you feel like you're entitled to redistribute the copyrighted works of others?

      Sigh. Copyright is an artificial arrangement granting a very small class of citizens a temporary monopoly for, originally, a short period of time. Your question begs the question with its underlying tone of property rights. Why do you feel that everyone's ability to exchange files be criminalized to, and let's be blunt, minimize loss of profits to an oligarchy which distributes (not creates!) the most trivial, non-essential product know to society. To my way of thinking that's madness.

      .....sharing Redhat ISOs and MP3s of lame garage bands,

      And with those two adjectives - 'lame' and 'garage' - Cereal Box shows who he really speaks for: the status quo. No music unauthorized by a major label could possibly be worth hearing, and they must all come from a 'garage'. But then, you sum it up yourself in the last paragraph when you say the way to end this dispute is to do what the RIAA demands, which I doubt would work anyway. Subject to authority, give up your right to exchange information (files), be patient when the RIAA wrongly accuses you.

      No thanks.

    11. Re:So what's the problem? by crankyspice · · Score: 1

      Because that is precisely the intent of legal protection of intellectual property. The idea was to give a temporary monopoly on the distribution of a work in exchange for having encouraged the development of that work.

      Even within the original term of copyright (was it 14 or 17 years? don't have it at my fingertips), the vast majority of the music the RIAA is complaining about being swapped would still be protected under the extremely temporary original term. Avril Lavigne, etc. At any rate, the SCt held in Eldred that the current terms, while long, are still indeed temporary. And I daresay that Mr. Lessig has studied the issue a great deal more than most /.'ers, and was unable to convince them otherwise.

      --
      geek. lawyer.
    12. Re:So what's the problem? by clambake · · Score: 1

      I mean, I just don't understand this mentality. Why do you feel like you're entitled to redistribute the copyrighted works of others? Why? When did this become a right?

      It became a right sometime around the Sonny Bono copyright extension act... I'm all for copyright, but not copyright that lasts longer than the average human lifetime. That's theft... Not theft from the artists, theft from the public. The artists are granted a very limited right by the people to make a profit off of thier work for a short time. Once that time is over, the work becomes ours. The *people* are the ones being so kind as to give this little right to the artists. In a state of nature, everything an artist creates is automatically owned by everyone close enough to make a recording. When the "artists" (meaning the copyrightholders who are usually not, in fact, the "artists") disrespect the limits of the rights we grant them and lobby corrupt politicans (I'm looking at you dead boy, that tree was too kind to you) to change the laws then I cease to have ANY moral obligation ot respect thier rights.

    13. Re:So what's the problem? by Anonymous Coward · · Score: 1, Insightful

      I dont get it, the copyright is on the data on the CD, if you take the data on the CD and look and compair it to the data of say a MP3 or a OGG the data is different. You might say that well it sounds like there song, so it must be there song, well it is not. Example, take linux, linux can be made to look close or almost just like windows, but i dont see M$ sueing linux users because there os uses someting called "windows" has a max min and close button. even has the same colors. in fact you can configure alot of linux DE's such as KDE or GNOME to look just like windows, but if you look at the code it looks nothing like windows code, so there fore it is not windows code. Back to the Music. Taking a cd and making it in to a mp3 is not copying it. in is rewriting it, and NO the cd is not the sourse of the song, the band is, COpying teh band would be breaking the law, but you cant clone anybody anyway so that does not matter. You go try it, take a diff of yor fave cd and a diff of the mp3 of that cd. a mp3 only makes it sound like the real deal, just as Kwin in KDE only makes it look like windows. There for under current copyrite laws mp3's are legal, but nobody ever looks at it like that. they tend to say hey, it sounds like my song, but it is not there song, it is someting else. in fact most mp3s/oggs distrot the sound in some way, remove stuff and add stuff, but in no way is a mp3 a "copy" of a cd" now the RIAA would have room to talk if we were going around shairing ISO's of the the cd, but we are not, because the cd is to big. to copy is to take the content and copy it exzact. Example

      "10101101" copyed to here looks like this "10101101" - that is a copy,

      but this "1101101" is not a copy, it is not even the same, so how is it a copy? I will tell you how, IT IS NOT A COPY. unless the RIAA starts releasing there stuff on MP3's and thoes very mp3's are what are on the p2p networks the RIAA has no room to talk at all. I think they know this, and that is why they are presering for new laws, the new laws would protect agents what i have said above, the new law would mean that 2=3 and 23=100 just because the 100 act;s as a 23 on some levels and a 3 and 2 are not so different.

    14. Re:So what's the problem? by Anonymous Coward · · Score: 0

      It absolutely is a fraudulent transfer. That's why it has to be someone you trust, because you damn sure can't leave a paper trail.

    15. Re:So what's the problem? by Anonymous Coward · · Score: 0
      So I feel totally fine about downloading MP3s of those CDs. However, if the RIAA saw me doing this, they'd slap me with a lawsuit. And then I'd have to waste thousands of dollars on legal fees proving that what I was doing wasn't illegal.

      Actually, that's blatantly illegal: see this comment. Basically, a court has already ruled that downloading MP3s of CDs you own is not fair use.

      Say "hi" to Bubba for us. And I hope you've got your $150000 queued up and ready.

    16. Re:So what's the problem? by crankyspice · · Score: 2, Informative

      1. The max penalty is $150,000 per song. Had you stolen a CD from a store, would you be charged $2,250,000 . . .

      Not the same fact pattern. Offering a CD on a P2P network is a lot more analogous to the optical disc labs in Asia that crank out hundreds of copies for sale in the underground markets of Hong Kong, Thailand, New York... One file shared on a P2P network can be downloaded a number of times, and in the eyes of the law, each download is one "sale" (not necessarily of the CD, but perhaps of an online version through Pressplay, or iTunes, or whathaveyou), or unauthorized distribution, for which the holder of the intellectual property rights will not be compensated. Too, the dollar amount is in some ways somewhat punitive; i.e., it's set high to act as a deterrent.

      2. The use of the DMCA outrages me. It's a violation of basic constitutional rights, like due process.

      The Constitutional Due Process safeguards apply only to State action (5th, Federal, and 14th, State), and are largely applied only to criminal prosecutions. The DMCA applies to civil litigation, civil penalties, etc., and does not fall within the ambit of Due Process; the courts here are not in a position to deprive you of life (as in, say, capital murder cases), liberty (civil litigation will not result in jail time), nor property (awarding damages is not state seizure, but a civil judgment).

      They can subpoena you without a court order. They can force an injunction merely by notifying you -- they don't need to prove you guilty of something, merely suppose it. That's damned dangerous.

      The subpoena process is not designed to prove guilt or innocence; it's a discovery mechanism, present in every civil litigation that survives Rule 26 motions, etc. It's not a search warrant for which you need a court order. The only difference here vs. regular (non-DMCA) civil litigation is the expedited process. Have you actually read the Verizon decision?

      3. There are legitimate uses for P2P. If, indeed, I've performed "copyright infringement," by downloading music, then that means that I've violated a license to listen to that music. That means that buying a CD isn't buying a specially pressed piece of plastic -- it's buying a license to listen to certain music. That means I'm legally justified in downloading MP3s of the songs I own on CD.

      Um, in a word, no. The courts disagree and, though you'll probably not like to admit it, the courts a) know more about this than you seem to, and b) are the controlling authority in this country.

      4. A democracy is made up of the general will of the populace. MILLIONS of people in the country share files . . .

      So get them to vote. Drive a grassroots effort to get the law changed. Support the EFF. Whatever. Just stop whining about it and spouting pseudo-law.

      The government should be responding to how people act en masse. Copyright is a civil granted right -- it's not a natural right.

      What definition are you using for 'natural right?' Where do those rights spring forth from? How would you define them? Locke, for instance, might have a different view of what's a natural right than you do.../p

      --
      geek. lawyer.
    17. Re:So what's the problem? by Phroggy · · Score: 1

      Any store would be laughed out of court if they wanted 2 and a quarter million dollars in damages for a single CD. However, the RIAA gets away with it.

      It's not because it's the RIAA vs. a store, it's because it's online. Too many people in power still don't understand this Internet thing, and don't realize that the same rules that apply to the Real World(TM) apply here as well - they think because the Internet is new and confusing, new laws need to be passed to regulate it differently, and if the RIAA's experts claim $2 million is reasonable, well, they know best, right? After all, they're experts! If we don't listen to them, it could destroy the entire economy.

      *cough* Oh wait, the economy already sucks. Whoops.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    18. Re:So what's the problem? by Jester99 · · Score: 2, Insightful

      I've read Locke and the rest of the bunch. Locke says natural rights include Life, Liberty, and Property. "Copyright" wasn't in there as far as I recall.

      But if we're talking about Enlightenment-era philosophy, why not include the Federalist papers? They encourage a very strictly limited definition of copyright. Far less than the benefits enjoyed by the RIAA. Time for reform if you ask me.

      Natural rights would be rights that you possess all the time. Your possessions, your good health, etc. This compares with rights which would exist only within the framework of a social contract. The right to vote obviously wouldn't exist outside of such a contract -- the fact that a governing body exists is a prerequisite for such a right. The same holds true for copyright. In the state of nature, anyone could copy your ideas and your intellectual property and you couldn't do anything about it. The presence of the enforcing agency and your agreement to the social contract would be a prerequisite for copyright rights. Therefore, it is not a natural right.

      And as for the DMCA not depriving you of property... when you consider that upon receipt of a DMCA notification, you must take what "may be" infringing material off of your web site before the case is settled, that can certainly lead to loss of property, if by removing the alleged infringing material your business online is harmed.

      I never claimed to be a lawyer. Or a member of the JD class of 2005. But, I think my concerns mirror those of many others. And for christ's sake. This is a discussion board. "Whining about it" is what you're SUPPOSED to do here -- you're supposed to discuss on a discussion board! (How bout that, eh?) You think that just because I post on Slashdot, I don't vote or write to my congressman? They're not mutually exclusive actions...

      And yes. The courts do know more about how they work than I do. However, a lot of their actions seem counterintuitive. And yea, they are the ruling body in the country. But the last time I checked, just because something's status quo doesn't make it right (never confuse law and justice for synonyms). So, exercizing that good old-fashioned 1st amendment right of mine, I'm gonna bitch about how things are. Maybe some of my thoughts are "wrong" in the context of current law. But that doesn't mean I don't feel that they should be changed.

    19. Re:So what's the problem? by Alsee · · Score: 1

      Wrong. The court ruled that DISTRIBUTING mp3's to people who own the CD's is not fair use. The DOWNLOADERS are perfectly legal no matter what. Even if they don't own the CD.

      I think the RIAA intentionally misrepresented the ruling in that case.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    20. Re:So what's the problem? by Alsee · · Score: 1

      If, indeed, I've performed "copyright infringement," by downloading music, then that means that I've violated a license to listen to that music.

      (a) You haven't infringed by downloading. Only people sending the files are infringing. That's why the RIAA is only suing uploaders.

      (b) There is no such thing as a licence to "use". US copyright law lists 6 exclusive rights for copyright holders, but they boild down to 3 different rights. The right to make copies, the right to distribute copies, and the right of public performance. If the copyright holder does not grant you one or more of those rights then there is no licence.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    21. Re:So what's the problem? by 0111+1110 · · Score: 1

      Simple solution: stop sharing copyrighted materials over P2P

      Or in other words: STOP TRYING NEW MUSIC. Good advice. I like it. That's the reality for many of us. And no, the first 30 seconds of a few tracks is *not* enough to know the music. Without P2P, I and many of those like me would *never* again buy a CD from an artist that is not already a favorite. Never. Period. The RIAA will not succeed in turning the clock back. But they can try. All they will succeed in doing is making a lot of money for themselves (with the lawsuits) and needlessly (since it doesn't solve the "problem") destroying people's lives.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    22. Re:So what's the problem? by Beliskner · · Score: 1
      Why do you feel like you're entitled to redistribute the copyrighted works of others? Why? When did this become a right?
      Do the corporations have the Right to murder US citizens? Well, I'll put it this way, Walmart has the right to ban me from their store, leaving no other shops within driving distance because they're a monopoly (have driven all competitors out of business).

      If Walmart has the Right to ban me from their store, then I will starve to death (no competing food stores), therefore Walmart in effect has the Right to murder me. So in anticipation of this, I have the Right to self-defence so I can shoot dead the guards at the Walmart store.

      Is the Right to food granted to citizens in the US Constitution?

      Does a US citizen have the Right to break a tacit monopoly's holding power like the Recording Industry's copyrights? Sure they do.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    23. Re:So what's the problem? by crankyspice · · Score: 1

      I've read Locke and the rest of the bunch. Locke says natural rights include Life, Liberty, and Property. "Copyright" wasn't in there as far as I recall.

      What would you define copyright as, if not a property right? It's as much a property right as, for instance, riparian interests (and exists along the same vein). See, for instance, Caliga v. Inter Ocean Newspaper Co., 215 U.S. 182 (1909).

      But if we're talking about Enlightenment-era philosophy, why not include the Federalist papers?

      Because I didn't intend to get into a philosophical "battle of the enlightment-era minds." The original assertion was that copyright wasn't a natural law; an absolute statement. I merely wished to point out that notions of 'natural law' are subjective and based on personal philosophy. In any case, I think we're confusing "natural law" with "fundamental right." The natural law, or universalist, argument, falls along the lines of "no free society would attempt to regulate this behavior." I would posit that this is known to not be true, as only the least-free societies in the world today (China being a classic example) fail to respect copyright protections.

      If we proceed with a "fundamental right" analysis, then we start looking at things like...

      • Express provision - this is present in Article I, Section 8, Clause 8 of the original Constitution.
      • The Douglas notion of Penumbras / eminations - unnecessary, with express provision (above)
      • Collective conscience of the people / traditions and customs - copyright law dates back over three hundred years...

      And as for the DMCA not depriving you of property... when you consider that upon receipt of a DMCA notification, you must take what "may be" infringing material off of your web site before the case is settled, that can certainly lead to loss of property, if by removing the alleged infringing material your business online is harmed.

      You're forgetting the counter-notification provision of the DMCA, 17 USC 512(g)(2) et seq, where the alleged infringing material must be restored if it has been taken offline. There are safeguards built into the process. Also, note that failing to remove the material merely eliminates the safe harbor provisions of 17 USC 512, essentially returning the ISP to the level of liability they would otherwise have had. If the online business is legitimate and the ISP does not take the site down even in the face of a DMCA notification, nothing happens. Remember the title of 17 USC 512: "Limitations on liability relating to material online." This is not some draconian law that hands content owners carte blanche authority nor enables deprivation of property by the State; it does not trigger Due Process concerns. What this section does is:

      • Shield ISPs from liability for copyright infringement provided they respond to notifications of copyright infringement.
      • Provide the form and function of that notification.
      • As a trade-off to the protections afforded the ISPs, it provides an expedited subpoena process such that the content owners can identify and go after the actual infringers more readily, without burdening the courts unduly. Note that "going after" the infringers entails the full court process, including possible motions for dismissal or summary judgment; full discovery; trial by jury pursuant to the 7th Amendment; etc.

      Maybe some of my thoughts are "wrong" in the context of current law. But that doesn't mean I don't feel that they should be changed.

      Okay. But expect me (and others with, you know, actual facts at our disposal) to call you on claims like you're "legally justified in downloading MP3s of the songs [you] own on CD. . ." 1. You may feel you're morally j

      --
      geek. lawyer.
    24. Re:So what's the problem? by geekee · · Score: 1

      "1. The max penalty is $150,000 per song. Had you stolen a CD from a store, would you be charged $2,250,000 (assuming that there are fifteen tracks on a CD, not unreasonable)? Any store would be laughed out of court if they wanted 2 and a quarter million dollars in damages for a single CD. However, the RIAA gets away with it."

      They're suing people for uploading songs, not downloading songs. If you've uploaded a a song 150 times, thats $150 dollars at Apple prices.
      "3. There are legitimate uses for P2P. If, indeed, I've performed "copyright infringement," by downloading music, then that means that I've violated a license to listen to that music. That means that buying a CD isn't buying a specially pressed piece of plastic -- it's buying a license to listen to certain music. That means I'm legally justified in downloading MP3s of the songs I own on CD. And often times, I misplace CDs. So I feel totally fine about downloading MP3s of those CDs. However, if the RIAA saw me doing this, they'd slap me with a lawsuit. And then I'd have to waste thousands of dollars on legal fees proving that what I was doing wasn't illegal. And that unnerves me. I mean, you steal a CD from a music store, and lights flash, alarms go off, etc. It's pretty clear-cut as to who's stealing music and who's walking away with it legitimately. But the possibility for false positives on illegality for P2P makes it far less justified to just "shotgun" off lawsuits, especially to only casual users."

      Again, they going after updoaders. On p2p networks, you have no idea whether the downloader has a right to a copy of the song. Therefore, your action is irresponsible.

      "4. A democracy is made up of the general will of the populace. MILLIONS of people in the country share files (lets save the debate about whether it's sharing or theft or whatever for another time. It's just the verb I'm using). Most of these people are college students and people in their twenties. These are the future of America. The RIAA is what, two hundred 50-year-old lawyers with a giant bank account? The government should be responding to how people act en masse. Copyright is a civil granted right -- it's not a natural right. That means the people can revoke it. (As opposed to your right to life, to not be beaten up on the street, etc.) And if millions of private citizens are acting in concert in a manner contradictory to how current copyright law acts, well, it's time to change the law."The US is more than a democracy. The constitution was written to insure certain liberties, regardless of public opinion. The framers didn't want to start a country where it's allowed for instance, to kill your neighbor because he looks at you funny, just because the majority thinks this may be good someday. The supreme court routinely strikes down laws that are popular, but unconstitutional. The constitution is designed to protect your individual rights as the framers saw them, even if you're in the minority. The constitution protects copyright, and majority opinion can't change that, since that would be unconstitutional, and a violation of the rights of a copyright holder, which the framers felt was an important right.

      --
      Vote for Pedro
    25. Re:So what's the problem? by stinky+wizzleteats · · Score: 1

      At any rate, the SCt held in Eldred that the current terms, while long, are still indeed temporary.

      Are you suggesting that SCoTUS is infallible? This discussion began with a question of morality, and although at times I would certainly hope most people would accept SCoTUS as the Absolute Moral Authority on the Earth, that (thankfully) does not make it so.

    26. Re:So what's the problem? by Pendersempai · · Score: 1

      4. A democracy is made up of the general will of the populace. MILLIONS of people in the country share files... The RIAA is what, two hundred 50-year-old lawyers with a giant bank account?

      I don't think this is by itself very good reasoning -- in 1950 (when Brown v. Board of Ed was decided), millions of Americans, including young people, supported racial segregation in public schools. Yet I think the SCOTUS was correct in striking it.

      I think it was Hamilton who said that the role of government is to protect the entitled minority from the whims of the majority. You might argue that the RIAA is not entitled to protection -- that ethically they do not deserve protection, much like we hold that murderers and rapists don't. Personally, I'd tend to agree, but this is a separate line of reasoning -- we're back to a debate of what's legal and what should be legal rather than the circumlocuitous "X million support it."

      A strictly majoritarian democracy can itself be quite tyrannical -- I would not want to live in a country where, for example, 49% of the population were enslaved to the other 51%, even if that outcome had been achieved by a democratic vote.

  77. BOYCOT BOYCOT by Anonymous Coward · · Score: 0

    Lets Put the word out NOT to buy CD's this Xmas and Lets see how that will like that.

  78. Don't do it by Anonymous Coward · · Score: 0

    Boston horbor is polluted enough, thank you.

  79. Your proof the Clinton's murdered Vince Foster? nt by Anonymous Coward · · Score: 0

    No TexT

  80. Make a copy, sell the original. by HanzoSan · · Score: 1


    Lets all boycott the RIAA and start buying used CDs and keep the backups.

    --
    If you use Linux, please help development of Autopac
    1. Re:Make a copy, sell the original. by AndroidCat · · Score: 1
      You might want to check the legal status of those backups if you sell the original that they are backing up. (Your country's laws may vary.)

      When facing a large evil cult^w corporation in court, how much justice can you afford?

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Make a copy, sell the original. by HanzoSan · · Score: 1

      It doesnt matter, I have the backup and theres no way the RIAA would ever catch me.

      So its legal.

      At least until Bush allows them to install cameras in my home to catch cyber terrorists and they see my backup discs.

      --
      If you use Linux, please help development of Autopac
    3. Re:Make a copy, sell the original. by Anonymous Coward · · Score: 0

      Big Brother is watching you.

    4. Re:Make a copy, sell the original. by Anonymous Coward · · Score: 0

      So is the GNAA. And they're touching themselves while they do it.

    5. Re:Make a copy, sell the original. by 0111+1110 · · Score: 1

      You could even encrypt the music directory on your hardrive with a stenographic plausible deniability app like rubberhose, bestcrypt etc. So even if they get a warrant (or buy a law to gain access to all computers) to search your computer they will find nothing. Although you have to be careful to not just delete but to do enough random overwrites to the original data, preferably from one of the newer ultra high aureal density PRML drives (60 or 80 GB/platter). It is extremely difficult to recover ghost data from these newer drives, especially after it's been overwritten 30 times with (pseudo)random data.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  81. obvious solution by syrinx · · Score: 1

    They're only going after people who share songs. So don't share anything, just download. "Leech", if you will.

    I've been doing this ever since Napster caved to Lars' demands and banned my username for sharing a Metallica song. (Seems like ages ago.) Before that, I was all for 'helping the community' and all that, sharing everything I had. After that, fuck 'em. There's enough other people who will still be sharing.

    Of course if *everyone* stopped sharing, it wouldn't work. But don't worry, not everyone will. There will always be someone else.

    Well, there will always be someone else until the RIAA sues them all out of existence. But it won't be you. Self preservation, right?

    --
    Quidquid latine dictum sit, altum sonatur.
    1. Re:obvious solution by 0111+1110 · · Score: 1

      Of course if *everyone* stopped sharing, it wouldn't work. But don't worry, not everyone will. There will always be someone else.

      So we can all feel lucky that not everyone takes your advice. BTW, your logic also applies to voting. I certainly hope you don't waste your time with that. I know I don't.

      Better advice would be to switch to a sufficiently anonymous trading network like freenet etc. Such a system really isn't in place yet only because the majority of people still feel safe using the unsecured networks. If the RIAA is succesful with their gestapo tactics, this may change. A more secure network is the obvious choice. They may be inherently slow, but at least they are safe.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  82. Someone knows! by HanzoSan · · Score: 1


    Thats the RIAA manifesto!

    --
    If you use Linux, please help development of Autopac
  83. The RIAA is finally getting to grips with this by groomed · · Score: 5, Insightful

    I'm wondering why such a fuss is being made about this. If you illegally distribute copyrighted material you are liable for damages. The damages are real. They aren't as big as the RIAA makes them out to be, but they are real nevertheless. Privacy and grandiose interpretations of the First Amendment have nothing to do with it. Nobody is entitled to do stuff that is not legal.

    All the people who think the RIAA is trying to protect an outdated business model and should just fall over and die need to take a good look at their own morals. Just because their business model is outdated (is it?) doesn't mean you can take the law into your own hands. What's more, the model isn't outdated at all. The musical horizons of most of you would not extend beyond playing the banjo if it wasn't for the RIAA.

    The people who think technology will solve this problem need to think again. There will always be ways to illegally exchange copyrighted materials. But there won't be some kind of Uber-P2P app that destroys the RIAA in one fell swoop, with kissing and credits. Reliable, Cheap, Mass-appeal: pick one-and-a-half.

    Some people seem to think it's more of a social dynamic. The cat's out of the bag, can't put the genie back into the bottle, so much for Pandora's box. They think nothing of sharing music. It's just a natural thing to do, and since so many people are doing it, everybody else will just have to adapt. It's the mob mentality: democracy at its very worst. These people talk about freedom and individuality, but they seek cover behind the anonymity provided by the mob. Even if that anonymity is just an illusion, like it is on the Internet.

    What the RIAA is doing now is exactly what they should be doing. They are not demonizing any particular technology. They are not pushing for overly broad and vague laws. They are simply tracking copyright violations. If you don't like that idea, then stop violating copyright. It's really simple.

    Personally, I couldn't care less. Sometimes I'll grab a few tunes off Gnutella or Usenet, or post a few albums. But I've stopped telling myself that file sharing will dramatically change the way the music industry works. If anything, it is the other way around: the music industry will do more to change the computing industry than vice versa.

    Besides, I like to go outside and browse in the record store. It's not so bad.

    1. Re:The RIAA is finally getting to grips with this by borgasm · · Score: 1

      "Just because their business model is outdated (is it?) doesn't mean you can take the law into your own hands."

      Actually....the law is in our hands...because the US is governed by We The People.

      Public opinion changes laws...just look at Prohibition and its repeal.

      Like my dad says..."The people have spoken, they want to download music."

      If the people think something is unfair, yes, they can change the laws, or protest against them.

      I hate to break it to you, but thats the real beauty of a Democracy...you don't like something...go change it...

    2. Re:The RIAA is finally getting to grips with this by djm2cmu · · Score: 1

      Exactly, well put. I don't see how this is even a gray area for the courts, let alone tilted heavily in favor of the RIAA.

      If a small percentage of people break the law, I call that a crime. If 93 million people break the law, I call that a revolution.

    3. Re:The RIAA is finally getting to grips with this by groomed · · Score: 2, Insightful

      Like my dad says..."The people have spoken, they want to download music."

      The people don't want parking tickets either.

    4. Re:The RIAA is finally getting to grips with this by borgasm · · Score: 1

      Well....then the people should organize themselves...and put together laws to ban parking tickets.

      The key is organization! If we get organized, it is amazing what we can do...

      Don't act like there is some higher power making laws...they are made by a government we elect. And whether you believe it or not, we have complete control over it....It just depends how you exert that control.

    5. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      Yes, a large group of people can organize themselves to impose their will on a smaller group of people. That is called mob rule, and it is neither fair nor efficient.

      If the people want to download music without regard for copyright law, who is going to pay the artists?

    6. Re:The RIAA is finally getting to grips with this by B1ackDragon · · Score: 1

      The people do want parking tickets. Because they know that its either that, or higher taxes so they can have their new roads and whatnot. And everyone has to pay higher taxes, so they like the idea of taking some of the cost out on those who park where they shouldn't.

      --
      The snow doesn't give a soft white damn whom it touches. -- ee cummings
    7. Re:The RIAA is finally getting to grips with this by anthony_dipierro · · Score: 1

      People want others to get parking tickets. They don't want to get any themselves. It's the same as music. People want others to pay for music. They don't want to pay for it themselves. This is exactly why we have laws.

    8. Re:The RIAA is finally getting to grips with this by jez9999 · · Score: 1

      It's the mob mentality: democracy at its very worst.

      And having a political system where rich corporations can buy the laws they want isn't?

    9. Re:The RIAA is finally getting to grips with this by cpt+kangarooski · · Score: 1

      Artists will likely be paid for their labor to write songs, music, and perform. It shifts costs so that they're basically up front. It's rather like working on a commission basis.

      Or artists will take their chances, because there are still advantages to being a 'first mover' with a particular product.

      Or there are a few other methods.

      Remember, music wasn't copyrightable until the mid-19th century IIRC. But there _was_ music. The musicians must have been making money somehow.

      Yes, there is the fact that there will probably be less original music being created, but it is entirely possible that people would rather have basically free music with little more music being created than somewhat costly music with lots more music being created.

      Both are valid positions. We don't HAVE to encourage artists to create more than they would otherwise you know.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0

      Shut the fuck up troll

    11. Re:The RIAA is finally getting to grips with this by Phoenix · · Score: 1

      Which is one of the reasons that I've stopped sharing music all together.

      First of all, frankly the music sharing programs are just about worthless since I'm not interested in genres of music that the majority of people out there are interested in. Most of the time I can find 30-100 hits of the song that I want but only 20 of them work and they're hosted on someone who has a dial-up connection that's 80% utilized by the person downloading other songs. It simply is just not worth it with all the agrevation.

      Secondly there *is* the issue of copyright to contend with. I have an extensive MP3 collection on my laptop. However you'll find that I either own the CD and have ripped it for portability -or- it was freely available off of an independent artist's site (or section on MP3.com).

      *I* am against the RIAA not for them wanting to curb piracy (that's their right as the copyright holders of the music) but for the fact that stifle music instead of promoting it. They pay artists to *not* release an album. They promote music that appeals to what they consider they big market (teenage girls 13-15) and for the most part ignore the rest of us. They take a great big whopping chunk of the album's profits and leave a small nibblet for the artist (not a problem for a big name, but is a bitch for the newcommers).

      The list goes on and on.

      My solution is to simply buy my CD's from the artist directly off of CD Street or thier website. Also as I'm into Celtic Music I can usually catch the CD right at the fair at a very fair price ($12-$15 which is a damn sight better than $18-$20)

      Microsoft has it's way of preventing piracy of Windows and Office XP and I can accept that. The RIAA has it's methods of preventing piracy and I can accept that. However I dislike both companies and thier business practices. Solution?

      Do not buy thier products and find a substitute that meets your needs. Linux and Indies. That is more of an acceptable approach to protest than simply stealing the stuff.

      Phoenix
      (although I have to confess...in a moment of weakness I *did* break down and buy Weird Al's latest CD)

      --
      -- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
    12. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0

      LOL. The US is governed by mutlinational businesses you muppet. You sold off your democracy to the highest bidders years ago. You should read more and watch Fox News a bit less.

    13. Re:The RIAA is finally getting to grips with this by puppet10 · · Score: 1

      It's the mob mentality: democracy at its very worst.

      Actually non-violent civil disobedience as a riot or mob has a long history in promoting social change in democracies (and non-democracies).

      Here's some info on it.

      There's a lot more out there on the subject as well.

      It's interesting because this could be viewed as an internet riot of sorts (although relatively low intensity and chronic) as the people involved are breaking the law.

      The question is are most people doing this fully informed and opposing the issues involved or is it just an issueless excuse to 'loot', or are they not even aware that they're 'rioting' or are just going along with the crowd.

      I would put forth that there are all of those different groups involved, and possibly there are in any crowd or mob action.

      --
      -------- This space intentionally left blank --------
    14. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0
      So, you think the RIAA is justified in pricing CDs at extremely high prices? Yes, I know, p2p and sharing songs is immoral, but who is defining morals, pray? Is there a "Moral Law" that exists in the country? I think not. Sure, some people would like it if our country was governed by the Bible, and we went back to stoning etc. etc., but the real fact is the lack of a clear set of morals that everyone can identify with. P2P and song sharing is a natural extension of this crisis in our society. I don't know the solution; I know that the Bible isn't the solution, since that was made by old men over a thousand years ago.

      All I know is, I don't feel the RIAA and MPAA are justified in their tactics, since all they want is to have complete control over consumers, who they consider a "resource," peons to bow to their mighty will.

    15. Re:The RIAA is finally getting to grips with this by antiMStroll · · Score: 1

      You raise begging the question to an art form.

    16. Re:The RIAA is finally getting to grips with this by clambake · · Score: 1

      Nobody is entitled to do stuff that is not legal.

      Indeed, so, using this argument, slaves who escaped to freedom back in the 1800's were not entitled to do so, eh?

    17. Re:The RIAA is finally getting to grips with this by afree87 · · Score: 1

      The musical horizons of most of you would not extend beyond playing the banjo if it wasn't for the RIAA.

      Really now? I had come to the conclusion that the RIAA is not necessary at all, and they are completely useless middlemen in the music business. How do you support your opinion?

    18. Re:The RIAA is finally getting to grips with this by rburgess3 · · Score: 1

      The point that I think you're missing is that people feel that the *AA's are

      A) gouging them and immorally escalating prices far beyond what is an appropriate markup

      and

      B) are artificially limiting both the quantity and quality of the entertainment available so that they have more control over it.

      How else do you expect people to react when they don't have millions of dollars to throw at their local congresscritter to get the legislation enacted that actually provides for these things. And don't feel like their vote really matters?

      This is non-violent protest at it's best.

      People are voting w/ their actions and it's not going to stop until some fundamental changes are made in the system that provides entertainment.

    19. Re:The RIAA is finally getting to grips with this by 0111+1110 · · Score: 1

      Yes, a large group of people can organize themselves to impose their will on a smaller group of people. That is called mob rule, and it is neither fair nor efficient

      But the RIAA is a mob too. Especially since the government is so often with them, passing laws for them and just granting them favors in general. And who are you to decide what's "fair"?

      I don't believe that the RIAA is fair, not to customers, not even to artists, although I would guess that they pay your salary in some way.

      Current copyright law is most certainly not fair. Face it. Freenet and networks like it are the future. It is only a matter of time before networks like this as well as ISPs willing to delete IP address logs on an hourly basis come to pass.

      These lawsuits will not stop file sharing any more than speeding tickets have stopped speeding. The rest just go on speeding past the unlucky guy who was pulled over. If the average person genuinely thought it was, wrong, that it was stealing etc, they wouldn't do it. Frankly, I don't believe in copyrights at all for non-commercial uses. You can't own patterns of zeros and ones. You can't own raw information per se. (It wants to be free :))

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    20. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      A good point. If you are willing to equate slavery with music downloading, that is.

      If you loose the ability to make simple moral distinctions, then yeah, the law has nothing to tell you.

    21. Re:The RIAA is finally getting to grips with this by MMaestro · · Score: 1
      'Personally, I couldn't care less. Sometimes I'll grab a few tunes off Gnutella or Usenet, or post a few albums. But I've stopped telling myself that file sharing will dramatically change the way the music industry works. If anything, it is the other way around: the music industry will do more to change the computing industry than vice versa.'

      Thats not the point. The point is, the RIAA has been given the right and power to gain personal information and bring people to court for the mere use of having a P2P program on their computer and sharing/downloading just one file/song. Its not about changing the music industry, thats just the opinions of the Slashdot community, its about the music industry imposing its power over the people.

      You just admit that you posted a few albums on the net. You're now liable for $750 to $150,000 PER SONG you posted, even if only one person downloaded it. Until I see you come forward and pay that kind of cash, I suggest you rethink how the RIAA is taking the piracy issue.
    22. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      I don't believe that the RIAA is fair, not to customers, not even to artists, although I would guess that they pay your salary in some way.

      The RIAA has a lot of power and with that power comes a lot of abuse. Some of their initiatives, such as collecting fines through the sales of blank CDs, are deeply objectionable. Which is why it is good to see they have finally adopted the only fair strategy, i.e. to go after those who violate copyright.

      Current copyright law is most certainly not fair.

      As far as I can tell, copyright law gives copyright holders the right to determine the conditions under which their works may be distributed. I believe this right belongs quite naturally to the copyright holders. Who else should it belong to? The music swappers?

      Frankly, I don't believe in copyrights at all for non-commercial uses. You can't own patterns of zeros and ones. You can't own raw information per se. (It wants to be free :))

      I would argue that there is no such things as raw information. Just because you can view an MP3 as a pattern of ones and zeroes doesn't mean that that's all it is. I could view you as a bag of water. That doesn't mean I can treat you like one.

      It's not even like I disagree with you in principle. I'd like to just copy music (and in fact I do, even if not in bulk). But in practice, I think your stance will only lead to more draconian measures such as strong, mandatory user identification and mandatory, tamperresistant hardware & software.

      At that time I imagine you will look back and say, "We didn't have it so bad back then".

    23. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      Look, power invites abuse. The RIAA is abusing it's power to break privacy. The music swappers are abusing their power to break copyright. There will always be a RIAA. There will always be music swappers.

      If you don't want to risk the fine and are not willing to move to another country, then don't break copyright. I'll risk the fine because and when it is convenient. But I won't risk the fine out of some delusion that I'm entitled to free music.

    24. Re:The RIAA is finally getting to grips with this by mcp33p4n75 · · Score: 1

      Actually, that would be a republic. The US is a republic, even though everyone says it's a democracy.

    25. Re:The RIAA is finally getting to grips with this by crankyspice · · Score: 1

      Indeed, so, using this argument, slaves who escaped to freedom back in the 1800's were not entitled to do so, eh?

      Within the context of that system, yes, that's an accurate statement. A hundred years from now, when the mysteries of the brain are mapped out and every criminal that manages to slip through the genetic manipulation at conception is Prozac'd into a harmless, physically unfettered life, we might well ask, "so prisoners who escaped those horrific SHUs were not entitled to do so?"

      Within the context of our system now, prisoners are not entitled to be free, once deprived of liberty through due process. In their system then, slaves were not entitled to be free, and if escaped and recaptured would be returned to their bondage.

      "You believe that you are special, that somehow the rules do not apply to you. Obviously, you are mistaken."

      --
      geek. lawyer.
    26. Re:The RIAA is finally getting to grips with this by Joey+Vegetables · · Score: 1

      Nobody is entitled to do stuff that is not legal.

      Gee, I guess Rosa Parks wasn't entitled to her choice of a seat on the bus, and the protesters at Tianamen Square weren't entitled not to be massacred, and the brave people who hid Jewish people during the Holocaust weren't entitled to do so.

      Never, ever, ever confuse what is "legal" with what is right. Those are two sets which overlap to some degree in just societies, but little or not at all in unjust, corrupt ones such as ours.

    27. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0
      I'm wondering why such a fuss is being made about this.
      Personally, I couldn't care less. Sometimes I'll grab a few tunes off Gnutella or Usenet, or post a few albums.
      You (groomed(202061)) either have very good connections or are very stupid. The assertion that you can't understand the "fuss" implies the latter. You just admitted in public to something that could cost you hundreds of thousands of dollars and years in jail. You basically painted a big bullseye on your forehead in plain view of a trigger-happy thug. Good luck with that!
    28. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      I've said it before, I'll say it again: if you are confused about the moral difference between music swapping and the Holocaust, you need to have your head examined. What just cause is being pursued by the music swappers?

    29. Re:The RIAA is finally getting to grips with this by Joey+Vegetables · · Score: 1

      You of course missed the point completely. Your failure to grasp the difference between "right" and "legal" is exactly the kind of thing that empowers the tyrants of this world, and, make no mistake, the RIAA and Hitler are both tyrants, different in the level of power and "success" they attained perhaps, but tyrants both nonetheless.

    30. Re:The RIAA is finally getting to grips with this by elflord · · Score: 1
      Remember, music wasn't copyrightable until the mid-19th century IIRC. But there _was_ music.

      But there was no recorded music.

      The musicians must have been making money somehow.

      Whatever they did, it did not involve recording music.

    31. Re:The RIAA is finally getting to grips with this by cpt+kangarooski · · Score: 1

      It's nice to see a fellow Rutgersian? Rutgersite? What the hell are we anyway? Even if you're up at Newark and I'm way down in Camden.

      (Really they should just put everyone at New Brunswick; it's nicer than Camden or Newark, and it isn't as though this is a big state to begin with.)

      Anyway, sure, there were no recordings until the Edison Phonograph AFAIK in 1877. I'm not sure that I see the point of your argument.

      Musicians can nevertheless make money performing and composing music and even recording music.

      Incidentally, sound recordings didn't become copyrightable until 1972. (previously all that was protected was the musical composition and the lyrics themselves) If, say, an orchestra performed a piece of public domain music and recorded it, they'd be SOL unless there was some state law remedy. This didn't seem to have stopped them.

      As I said before, there is the fact that there will probably be less original music being created, but it is entirely possible that people would rather have basically free music with little more music being created than somewhat costly music with lots more music being created.

      Both are valid positions. We don't HAVE to encourage artists to create more than they would otherwise you know.

      Personally, I think that a reform to reduce the scope, availability, protection, and subject matter of copyright is in order. I don't advocate the abolition of copyright altogether, however. Such reform might prune the music industry, but I think that it would ultimately leave everyone better off.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    32. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0

      The parent poster did not make a moral equivalence between the act of file sharing and the act of resistance to tyranny and genocide during World War II, so don't paint him as if he did. His point regarding the difference between "law" and "morality" -- and your confusion of the two -- is valid notwithstanding your straw man.

      But to address your point--you don't need something on the order of the Holocaust to justify breaking "the law." I'd agree that people are justified when they stand up against genocide, fascism and war. But, the gravity of an unjust law is orthogonal to its status as "valid" or "invalid." An unjust law remains unjust regardless of how it stacks up against other unjust laws throughout history.

      When it comes to "file swapping," what we're talking about is whether or not intellectual property rights are valid. And if they are valid, to what extent? There are plenty of legitimate political objections to copyright law.

    33. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      No, I didn't miss the point. You are equating the Hitler with the RIAA. It's madness.

    34. Re:The RIAA is finally getting to grips with this by elflord · · Score: 1
      I'm not sure that I see the point of your argument.

      The point is that the examples you cited (early 19th century artists) making money without copyright did not make money from recorded music. One could make money using similar business models, by not recording anything and just using live performances (and indeed, a lot of bands do this), but there is demand for recorded music.

      While such demand exists, the questions is, how do es recorded music get funded ?

      Incidentally, sound recordings didn't become copyrightable until 1972. (previously all that was protected was the musical composition and the lyrics themselves) If, say, an orchestra performed a piece of public domain music and recorded it, they'd be SOL unless there was some state law remedy. This didn't seem to have stopped them.

      This is close to the time that the cassette recorder became available. Before then, technological limitations were still a substantial obstruction to copying.

      Personally, I think that a reform to reduce the scope, availability, protection, and subject matter of copyright is in order. I don't advocate the abolition of copyright altogether, however.

      I'd actually take the position that even without copyright, a contractual licensing model (much along the lines of EULAs) would take its place. Copyright is somewhat artificial (in that it's a social contract imnposed by constitutional law), but binding contracts are not only perfectly natural, they are an essential part of all evolved economic systems.

    35. Re:The RIAA is finally getting to grips with this by Anonymous Coward · · Score: 0

      You must be an idiot. He did no such thing. Just because you *say* he's equated Hitler with the RIAA and *therefore* his argument is madness is deceitful. He didn't say it, so, whether or not such an argument is madness is moot.

      I guess it's just easier for you to dimiss the actual points that are being made, and spout nonsense and rhetoric instead.

      Or maybe you earnest believe that's what he's saying--but if that's so, you should think about taking up a course in reading comprehension.

      It boggles the mind.

    36. Re:The RIAA is finally getting to grips with this by groomed · · Score: 1

      He said:

      the RIAA and Hitler are both tyrants

      That statement posits a kind of equality between Hitler and the RIAA which is more fundamental than their many differences. That is madness.

      The original poster argues that morality and legality are not one and the same thing. I agree -- but that elementary truth is irrelevant to the matter at hand without an answer to the question: what moral cause is being served by the music swappers?

    37. Re:The RIAA is finally getting to grips with this by MMaestro · · Score: 1

      Thats not the point. The point is the RIAA is going after petty users. Simple as that. Its not about free music, its about abuse of power that the RIAA is using.

  84. Shut up and Drink the Tea...? er Kool-Aid by HanzoSan · · Score: 1


    You will listen to what the RIAA tells you to listen to when they give you permission, in the way they decide! You will then pay your tax so that you may have the right to listen to what they want you to listen to, in the way they want you to listen to it, when they decide its time.

    If you disagree with this statement, you are a thief who supports piracy and communism.

    --
    If you use Linux, please help development of Autopac
  85. IRC can be safe... by Anonymous Coward · · Score: 0

    IRC can be safe. Just imagine using several levels of bouncers for personal accounts and hack-once-and-never-touch-again Fileservers (FTP, HTTP, DCC, whatever). How do you expect to lock down that?

    The evil thing about IRC is that things behind the scene may run completly on anonymous/hacked accounts, something Usenet could only achieve partial and something P2P will achieve never.

    1. Re:IRC can be safe... by Anonymous Coward · · Score: 0

      I used to work at a computer lab at a university. One night we got cracked though one of the solaris boxes. The cracker deleted all of our warez games off one of the 40GB harddrives, and uploaded 40GB of porn. Then, he started an IRC server and started sharing it.

  86. Lets bankrupt them! by Stonent1 · · Score: 1

    Last time I looked on Kazaa there was something like 4 million gigs being shared. That's a lot of tracking down for them to do. Maybe we can make a program to spoil the whole thing, making millions of virtual clients.

  87. Its not? by HanzoSan · · Score: 1



    Ok i'll sell all my CDs tomorrow, after I make private copies of each and every one of them. Then I will use the money to buy more CDs and repeat.

    --
    If you use Linux, please help development of Autopac
    1. Re:Its not? by BrynM · · Score: 1
      Ok i'll sell all my CDs tomorrow, after I make private copies of each and every one of them. Then I will use the money to buy more CDs and repeat
      At $2-$5 a pop return on those used CDs, that strategy would run out of money quick.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    2. Re:Its not? by 0111+1110 · · Score: 1

      At $2-$5 a pop return on those used CDs, that strategy would run out of money quick.

      Not if you *buy* them used. The best strategy is to buy a used CD from a site like amazon.com and then resell it for virtually the same price after burning it to your hard drive.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  88. Yeah they'll never find you by commodoresloat · · Score: 1

    As long as you don't do anything stupid like brag on slashdot about where you get your copyrighted material....

    1. Re:Yeah they'll never find you by fiftyvolts · · Score: 1

      How many RIAA Agents^H^H^H^H^H^HMembers read /.?

    2. Re:Yeah they'll never find you by Old+Uncle+Bill · · Score: 1

      Just the ones writing those damn kazaa viruses.

      --
      Yes, I am an agent of Satan, but my duties are largely ceremonial.
    3. Re:Yeah they'll never find you by 0111+1110 · · Score: 1

      How many RIAA Agents^H^H^H^H^H^HMembers read /.?

      Just count the number of vociferous posters in defense of copyright and the RIAA, how P2P is theft etc, on all or most relevant slashdot articles and multiply by some random fraction not too much less than 0.75 :). I'm sure they only do it because it's part of their job description and are probably chuckling to themselves as they post the corporate line. Another day, another dollar or SSDD.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  89. Yeah, but by Anonymous Coward · · Score: 0

    How do they know the MAC is mine... /or/ what if the MAC is spoofed?

    1. Re:Yeah, but by Anonymous Coward · · Score: 1, Interesting
      How do they know the MAC is mine.

      1. Purchase records (you paid cash for your laptop in a place with no cameras, didn't register it, etc., right?)
      2. Listen for wireless transmissions with that MAC before the bust, DF them to your house, get no-knock warrant.

      what if the MAC is spoofed?

      Good answer :).

  90. This is bound to backfire... by HangingChad · · Score: 1

    ...on the music industry. A classic case of being dead right. Companies suing their customers, even through a proxy like RIAA, is a losing strategy. There's no way you can put a happy face on billionaires suing college students for a few pennies trying to protect a business model and distribution system that's no longer viable. And, no, I'm not defending file swappers. The whole situation is just pathetic. And adding to an already bad situation is that moron Congressman from Michigan wanting to make file swapping a federal offense. Just what the Democratic party needs right now, a proposal from one of their own to turn millions of otherwise law-abiding citizen into federal criminals. Brilliant. Well, the best I can do is take a few of my songs, slap a Creative Commons copyleft license on them and make at least a small effort to make sure there is some content that's legal to trade. I'm half expecting my ISP to get a letter from RIAA about my own material. They remind me of a rabid dog. Sad, sad, sad.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  91. One thing by gspr · · Score: 1

    One thing I've been thinking about lately... say you share a bunch of songs, all named like real songs, all with a plausible file size. RIAA sees this, and notes you down. Has anything really been proven? Am I not allowed to make a file on my harddrive containing the words "I own, I own, I own..." over and over again until the file takes up a logical amount of space, name the file say "Metallica - Enter Sandman.mp3", and share it? What's wrong about that?
    Some RIAA person would have to download the file in order to prove that I was in fact sharing copyrighted material, and not just some oddly named textfile. AND, in the US, downloading copyrighted material is illegal, right? So RIAA would break the law by downloading it. Unless of course they have a search warrant, but then the person would have to be made aware of this in advance.
    I guess this thread is too old now for anybody to reply... but still.

    1. Re:One thing by gspr · · Score: 1

      Make that "...say you share a bunch of FILES,".

  92. NOTE TO RIAA by CrudPuppy · · Score: 5, Interesting

    You simply don't get it. Your time is OVER. People like me now boycott buying CDs altogether because we see that YOU are the biggest crooks in this picture.

    The ONLY people we care about are the artists, and while your endless speeches talk about how music pirates are hurting artists, we KNOW that the only people we are hurting are the labels.

    You, the labels, are the fucking hypocrite here. You shamelessly abuse the people we actually DO care about (the artists) and then sue US for hurting the artists??? Maybe you have forgotten, but WE ARE YOUR ONLY SOURCE OF INCOME.

    Enjoy your BMWs and Mercedes while you have them, because the second there's a way to cut you and your friends out of this picture, we will do it, and I will then start buying music again because I, unlike you, actually DO care about the artists.

    Rot in hell in the meantime.

    --
    A year spent in artificial intelligence is enough to make one believe in God.
    1. Re:NOTE TO RIAA by KeyserDK · · Score: 1

      I think this is the right thing to do. Sue those who are actually breaking the law, not those who are providing or creating a service that can be used for perfectly legit stuff.

      RIAA hasn't exactly been nice before, but at least they are trying to target real traders with this.

      Ofcourse people are innocent untill proven otherwise.

      --
      still reading?
    2. Re:NOTE TO RIAA by Anonymous Coward · · Score: 0

      Not under the DMCA, they arent :P

    3. Re:NOTE TO RIAA by macdaddy357 · · Score: 1

      Amen! Preach on! The recording industry as it exists today belongs in the dustbin of history. Let's put them there. Don't buy CDs. After they are gone, a new music industry run by people who love music can arise.

      --
      How ya like dat?
    4. Re:NOTE TO RIAA by Eric+Ass+Raymond · · Score: 1
      Last week I was going to buy two music CDs. I had sampled the music on the net and liked it and although the price stings a bit (about 15 euros/cd), I can more than afford buying this stuff. Hell, 30 euros is chickenshit in comparison to the cash I spend on good food and beverages every day.

      I grabbed the CDs and was on my way out when I realized that - thanks to the local legislation - the CDs had been marked as "copy protected; will not play in a CD-ROM drive".

      Now, these days I never play a CD as such. I have a 2 x 250 GB hard drive setup where I have all my CDs ripped in the original 44 kHz format (no MP3/OGG/whatever) with plenty of space to spare. This is because I want to play them over my wireless network anywhere in my apartment and make my own playlists that provide background music 24 h/day without me having to get up and change a CD every 40-60 minutes.

      There is no fucking way that I'm going to pay even the chickenshit 30 euros for media that I then cannot use in the privacy of my home as I wish.

      On that day, RIAA lost a customer until they change their strong-arming nazi tactics like copy protection and "tax" on all recordable media (just watch how hard drives will be taxed in Europe soon just like CD-R(W)s and recordable DVDs alreay are). Ok, so they think a consumer is a thief until proven otherwise? What do I have got to lose then? I'll just download those two CDs from the net.

    5. Re:NOTE TO RIAA by Wolfrider · · Score: 1

      --I bow to your eloquence. Well said.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    6. Re:NOTE TO RIAA by Peterus7 · · Score: 1
      Yeah! Now everybody all together now...

      Down with the Beugeosie (including the RIAA)! Long live the Proletariot(Not really the P2P users, because they are also sorta beugeosie usually, but that's not the point)! Viva la revolucion!

      Still, back to reality. The RIAA's whole industry thrives off being the middle man. In fact there are a lot of industries that thrive off doing that here... But anyone will agree, buying direct with no middle man is the way to go. I mean, what would you rather have, some hand butchered fresh grilled beef on a homemade bun (With some unknown intestinal disease, but that's aside the point) or some fast food and get the packaged processed fake food so you can get fat and be malnourished? I'd go with the freshly butchered stuff. Plus, it tastes better when it twitches going down your throat.

      But that's still going on a tangent. The RIAA has been in essence destroyed by a simpler middle man. You know, when Radio first got big, the RIAA was against that too. Such things will pass, I'm sure. (I mean, the RIAA will probably pass away soon.)

    7. Re:NOTE TO RIAA by Th3_Pr0ph3t · · Score: 1

      I am with you on this one man. It's such crap what they have started doing. Eventually people are going to get so pissed off that NOONE will be buying music. GG RIAA.

    8. Re:NOTE TO RIAA by God!+Awful+2 · · Score: 1


      The ONLY people we care about are the artists, and while your endless speeches talk about how music pirates are hurting artists, we KNOW that the only people we are hurting are the labels.

      Personally, I believe that the only person you care about is yourself.

      But that's just like my opinion, man.

      -a

    9. Re:NOTE TO RIAA by Anonymous Coward · · Score: 0

      Fat lot of good will your innocene do for you when you have a $10,000 bill to pay your lawyer for defending your ass.

    10. Re:NOTE TO RIAA by Anonymous Coward · · Score: 0

      What the fuck is 'Beugeosie' and 'Proletariot'!?!?

    11. Re:NOTE TO RIAA by Ogerman · · Score: 1

      Enjoy your BMWs and Mercedes while you have them, because the second there's a way to cut you and your friends out of this picture, we will do it, and I will then start buying music again because I, unlike you, actually DO care about the artists.

      The problem is that Joe Idiot using P2P to share RIAA content doesn't know about alternatives. RIAA content is all he has been exposed to via MTV, big concert promotions, the radio, etc. So for him, it's just a matter of "15-18 bucks is a total rip off for a CD and here I can get it for free instead".

      What we (music enthusiasts) need is a means as pervasive as P2P to promote *quality* independent artists but without involving commercial interests for the promotion itself. So this needs to be either a non-profit group or some sort of grassroots movement. And quality is the key. Existing independent-music related sites have done a terrible job at promoting quality. Most music on such sites is downright garbage and it takes far too long to find the good stuff. So there needs to be a way to filter the bad from the good but in a way that is fair and unbiased.

      Once this happens, the RIAA is history, because new artists can strive to hit community-driven charts instead of land a record-label contract for their promotion needs.

      Until then, the best thing we can do is encourage people to ignore RIAA content -- not even download it. A lot of people are going to be really annoyed by these lawsuits. Now is the time to spread the seeds of change.

    12. Re:NOTE TO RIAA by Hooya · · Score: 1

      amen. i thought i was a little off my rockers not buying CDs and had gone a little too far in idealisms. i haven't bought a single one in the last 4 years! and no i don't 'swap files' either. i'm just passively boycotting RIAA.

      good to know i'm not alone.

      we need a slashdot poll on this matter:

      CDs bought in the last 2 years:

      0, no file swapping
      1-10, no file swapping
      10-100+, no file swapping
      file swapping with no buyings
      file swapping with 1-10 CDs bought
      file swapping with 10-100+ CDs bought

  93. Solution, Make the RIAA illegal! by HanzoSan · · Score: 1



    Lets write checks to our congressmen and sign contracts agreeing to pay increased taxes in exchange for a War on RIAA plan, you can model it after the successful War on drugs, War on poverty, War in Iraq, and War on Terrorism.

    --
    If you use Linux, please help development of Autopac
    1. Re:Solution, Make the RIAA illegal! by yourmom16 · · Score: 1

      They aren't after increased taxes, they can raise taxes without us saying we want them too. What they want is campaign contributions.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    2. Re:Solution, Make the RIAA illegal! by CommieOverlord · · Score: 1

      War on RIAA plan, youcan model it after the successful War on drugs, War on poverty, War in Iraq, and War on Terrorism.

      You mean model it after a flop, a failure, a farce, and a fuck-up?

  94. and the RIAA can handle the bad PR from poor aim by Anonymous Coward · · Score: 0

    After all, the hottest new lobbyists will continue to be attracted to the entertainment industry like flies.

  95. Various Objections... by GameGod0 · · Score: 1

    Sure, if you have the name "Usher" in your shared MP3s, you may not be guilty, but it's still going to be a royal pain if the RIAA tries to get you. On another note, I live in Canada. Am I home-free? In Canada, we pretty much believe nobody cares about filesharing (except universities). The RIAA's death grip does not extend into the vastness of Canada. That is why nobody cares. On another note, does Freenet protect your IP? How does it deal with the likings of tcpdump?

    1. Re:Various Objections... by Bryan_W · · Score: 1
      On another note, does Freenet protect your IP? How does it deal with the likings of tcpdump?
      Freenet doesn't protect your ip address from being seen by the people who connect to you but rather it encrypts everything it sends so people who sniff packets would have no idea what you are sending
  96. Stop being a crybaby and pay for the damned music. by HanzoSan · · Score: 4, Funny



    You are robbing millions of musicians who wouldnt make a penny before you started stealing music.

    You are robbing rich CEOs who desperately need your money to buy their new set of houses and car collection

    You are robbing millions of tax payers who will be forced to bailout the RIAA when the RIAA forces Bush to give them 20-30 billion dollars of your tax dollars.

    Just give them the money. Or do you want them to steal it?

    --
    If you use Linux, please help development of Autopac
  97. the 'bottom line' by looie · · Score: 1
    i think the 'bottom line' will be ... do sales of CDs go up after this? if they do, riaa is vindicated. if they don't, riaa looks ineffectual or wrong-headed.

    of course, if the self-righteously indignant stopped buying CDs and thus 'boycotted' riaa companies, riaa would be facing a truly unpleasant outcome to their practices.

    i predict this won't happen. the people who are doing the bulk of this mp3 swapping are not 'music lovers' -- they're greedy people out for a free one, somewhat like people who loot after a riot. or, people who pig out at a buffet dinner. the fact that you down 10 hot dogs at a picnic does not make you a 'hot dog lover' -- it makes you a hog.

    i don't believe that riaa's long term outlook is good. but i don't believe, either, that the users of p2p software will be the ones who break the back of the corporate music monopoly. i don't think they have the backbone or the persistence to take on that battle.

    i detest riaa as the epitome of corporate greed and overweening hubris. but i don't have much respect for file downloaders, who so far have demonstrated no other moral character than that of their enemies. when i see some actual fighting back, some boycotts and letter campaigns, some court battles where downloaders actually put themselves at risk, some negative publicity for riaa, i'll change my mind.

    mp

    --
    "The secret to strong security: less reliance on secrets." -- Whitfield Diffie
  98. Not likely by sheemwaza · · Score: 2, Informative

    The RIAA knows how to play politics... I'm certain that the lists of people being sued will be groomed with a fine tooth comb to make sure nobody important gets sued.

    Quick! go get your last name changed to Hollins!

    Oh, wait. I think I heard that the clerks' office is unusually busy right now...

  99. IRC is safe by Tuxinatorium · · Score: 1

    the RIAA exclusively loses bots that scan the most popular p2p networks like Kazaa and gnutella. It doesn't do jack about IRC or bittorrent.

    1. Re:IRC is safe by Tuxinatorium · · Score: 1

      er USES bots, sorry. But yes, the RIAA are losers ;)

  100. So... what artists are they protecting? by tinrobot · · Score: 1

    By that I mean, what songs do they search for in order to prepare the lawsuits?

    My guess is that they will veer towards their most popular artists -- the ones currently on the Top 40 plus all the "superstar" acts of the past 20-30 years. People who download more obscure acts might not be so vulnerable.

  101. The best way to hurt the RIAA? Buy stolen CDs! by HanzoSan · · Score: 0, Troll



    Thats right, rob your best friend, and then sell his CD(after you make few copies of it to backup and give back to your friend), Sell his CD on the internet to someone in Afganastan who cannot access music, make profits, and then repeat.

    Of course theres no chance of you getting Arrested for something like that, our government is too busy trying to stop the drug trade, terrorism etc.

    --
    If you use Linux, please help development of Autopac
  102. And its official... by Anonymous Coward · · Score: 0

    Tom, reading the posts here and of previous threads, I've come to the conclusion that you are an ignorant blind moron who can't metaphorise correctly.

    Your arguments and blindness are what makes mankind look bad to the rest of the universe. I hope you aren't like this in real life.

    Radio stations have rules, you can't just up and protest every damn little thing you want by "collecting 1000 of your buddies". If you actually read the posters points maybe you wouldn't have spewed such crap.

    Its not only the RIAA's fault for poisoning our music culture by advertising and promoting crappy music, but yours and your lackey's for all the stupid useless protests that go on and solve nothing. Not to mention spread the ignorance.

    You, amigo, are a moron.

  103. What to do... by qtp · · Score: 1

    If you insist on continuing to make other peoples copyrighted material available for download, I'd suggest keeping accurate logs of the number of downloads of each song. This way you have some information that your lawyer can use to argue what the actual damages are after the RIAA claims that you personally cost them $12,000.00.

    If every defendant can demonstrate that the actual damages are low enough to move the case to small claims, and insist on an actual court appearance, the RIAA instantly needs many more lawyers than they expected, the expense will soon outway the amounts the RIAA can reasonably expect to recoup, and this tactic may prove too expensive for the RIAA to continue.

    --
    Read, L
  104. Another battle in the next good war. by joel8x · · Score: 0, Troll

    My friends, there will be casualties. Some of our finest will go down, but we must stand strong.

    I have a vision. It is a vision that one day, radio stations will play more than the same 40 crappy songs that are forced down the unsuspecting public's throats. It is a vision of plastic discs that cost less than a buck to produce being sold at a reasonable price and the profits going to the artists whose art they represent. It is a vision of fair use, a vision of free thought without warning labels, a vision unclouded by corporate greed!

    It will be a painful battle and it will take time, but today as our brothers and sisters fall from the signatures of the evil lawyers, let us fight knowing that one day we will prevail.

    I HAVE A VISION!!!

    --
    Sound waves should be free!
  105. Germany is not a good idea by TheTimoo · · Score: 1

    unless you wanna move on in a couple of years :-)
    here we're copying the US. The consumer culture and everything that connects to it that is. think TV, think filesharing, think music.
    First we copy the cultural assets (Realiy shows, American Idol, the music, and other blabla) and then the "appropriate" legislation. sucks living on this earth. anyone wanna move to the moon with me? If we get enough people to donate we could maybe...
    seriously, do you think that maybe one day there will be no place left to go ?

    --
    "Be careful or be roadkill" - Calvin
    1. Re:Germany is not a good idea by Trigun · · Score: 1

      I'm in, but how we going to drag the fiber up so we can still get Slashdot?

    2. Re:Germany is not a good idea by TheTimoo · · Score: 1

      and more importantly download those mp3s (which is really the whole point besides /.).
      but fiber? what we need is satellite links. we save on showers in our moonbase and just get a satellite (considering that most of the people up there will be /.ers *g*).

      --
      "Be careful or be roadkill" - Calvin
    3. Re:Germany is not a good idea by Trigun · · Score: 1

      WHAT? NO GIRLS?!?!!

      I may have to reconsider.

    4. Re:Germany is not a good idea by the+eric+conspiracy · · Score: 1

      fiber is so yesterday. Use a maser.

    5. Re:Germany is not a good idea by TheTimoo · · Score: 2, Funny

      what do you mean "NO GIRLS" ??? we will be able to access those jpegs through the sat link as we do now. I don't see the difference *puzzled*

      --
      "Be careful or be roadkill" - Calvin
  106. Any example letters? I can't write for crap... by Anonymous Coward · · Score: 0

    Okay, first, I'm a lazy bastard, and second, I can't write to save my life. Does anyone have any sample letters addressed to government officials regarding this issue?

    I'm curious to know what goes into that type of thing.

  107. The courts are already getting bogged down.... by tinrobot · · Score: 2, Insightful

    From the article :

    The RIAA's subpoenas are so prolific that the U.S. District Court in Washington, already suffering staff shortages, has been forced to reassign employees from elsewhere in the clerk's office to help process paperwork, said Angela Caesar-Mobley, the clerk's operations manager.

    So, I guess this means that the court is so busy that they can't go after other types of criminals, such as Enron executives and terrorists...

  108. In related news... by stubblehead · · Score: 1

    the Transportation Department will be arresting anyone they see using a motor vehicle, under the suspicion that it might be stolen, or that they might cause an accident.

    --

    Rock!
  109. Ah so you admit that you are a witch! BURN! by HanzoSan · · Score: 1



    We need to prepare the fires so we can burn you along with the communists and liberals!

    --
    If you use Linux, please help development of Autopac
    1. Re:Ah so you admit that you are a witch! BURN! by Trigun · · Score: 1

      Could you place me a little closer to the communists than the liberals. I feel more at home there.

  110. IANAL... but who is? by Hollinger · · Score: 1

    Okay, who posting here is ACTUALLY a lawyer? They should get a +1 bonus for actually knowing what they're talking about.

    As shown in past episodes, what happens with the mod system is people mod up rhetoric that they like to hear, assuming its presented nicely.

    On to the subject at hand: My letter to cognressman Harold Ford Jr. (my rep) is going out Monday. What about you?

  111. why don't we just abuse the DMCA?? by Anonymous Coward · · Score: 0

    Why don't we just all get together and send millions of suppeonas to ISPs ourselves. That should demonstrate just how much of an invasion of privacy this is. We will all have unsubstantiated allegations but apparently that is OK.

    1. Re:why don't we just abuse the DMCA?? by EvilSporkMan · · Score: 1

      They probably cost money to file.

      --
      -insert a witty something-
  112. Get Lots Of Music This Way - Legally by Anonymous Coward · · Score: 0

    Go to the library, check out any CD you want, make an MP3 of it.

    Oh, and be sure you read Ray Bradbury's book, Farenheit 451, based upon the premise that possessing a book has become a crime, much in the way today that possessing a song has become a crime. Until recently it seemed like such an unlikely premise for a work of art but now we find ourselves readily identifying with the people trapped and persecuted in the world which Bradbury envisioned.

    People, either there will be a revolution or you will all be taken straight to a hell you never dared to imagine. You better get organized, and fast.

  113. Should the 'album' be deprecated? by MattRog · · Score: 1

    Is the concept of an album - e.g. a group of songs conveniently less than 74 minutes in total length - be obsolete?

    Originally, and I'm just speculating, the album made sense. There had to be enough music there to satisfy the audience and convince them that paying $XX dollars for it was 'worth it'. With the advent of the internet (thanks Al!) we no longer think of downloading an 'album' but downloading 'the songs we like'.

    Should the distribution model of a CD be eschewed for a direct release of individual songs? Radio stations very, very rarely play more than a handful of tracks from an album as it is. If you want to listen to it in your stereo use WAP or Bluetooth to listen to your home PC playlist. Your car stereo could read DRM discs and play all your tracks on a burned DVD.

    A lot of people think DRM is the devil - but implemented correctly it could allow for an individual to do anything they want with the purchased media and would allow for the record companies to continue to make money. It would get rid of questions like 'Is this MP3 legal?' because the only way it would be is if you had the certificate for it. No fuss, no muss.

    --

    Thanks,
    --
    Matt
  114. A glance into who received subpoenas by Hollinger · · Score: 2, Interesting

    From this AP article at the Washington Post:

    Verizon, which has fought the RIAA over the subpoenas with continued legal appeals, said it received at least 150 subpoenas during the last two weeks. There were no subpoenas on file sent to AOL Time Warner Inc., the nation's largest Internet provider and also parent company of Warner Music Group. Earthlink Inc., another of the largest Internet providers, said it has received three new subpoenas.

    So, I'm wondering if users of RoadRunner, owned by Time Warner Cable, are somehow being granted a "pardon" as well by our associates at the RIAA for using TW's services.

    1. Re:A glance into who received subpoenas by MImeKillEr · · Score: 1

      So, I'm wondering if users of RoadRunner, owned by Time Warner Cable, are somehow being granted a "pardon" as well by our associates at the RIAA for using TW's services.

      I certainly hope so. :-D

      Its good to know that no one on RR was a target of subpoenas! I wonder if this could be used as a marketing ploy...

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    2. Re:A glance into who received subpoenas by EvilSporkMan · · Score: 1

      Well, if Time Warner is ASSOCIATED with the RIAA, do they really need a subpoena to obtain info? They could just ask nicely ^_^

      --
      -insert a witty something-
    3. Re:A glance into who received subpoenas by MImeKillEr · · Score: 1

      Damn! Hadn't considered that..

      [Hides under desk]

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  115. Idea. by Anonymous Coward · · Score: 0

    How about a p2p file sharing system that only allows sharing RIAA member songs?

  116. RIAA aren't upsetting because of "stealing" by __aamkky7574 · · Score: 1
    Reading this thread, it seems that many are still naive enough to think that the reason RIAA are taking the courses of action that they are is because they think people are stealing their music. Wrong. I'm sorry, but a 10% drop in their sales during a near-recession is indicative of diddly-squat, and I'm sure they know that too.

    What they are mainly worried about is their marketing and advertising policy being subverted. Simply put, they rely on marketing rather than the quality of the music to sell it, and spending all that money pushing the latest "artist", spending millions on publicity TV and radiotime is worth nothing is people can download their music, think "what shit", and then find some other unknown artist's music as easily.

    P2P enables people to judge music merely on its quality, and find and listen to music through alternative channels, and not the usual bought corporate media (sorry if I'm beginning to sound Chomskyesque :)

    P.

    1. Re:RIAA aren't upsetting because of "stealing" by 0111+1110 · · Score: 1

      Actually I think they are altering their business model to reflect the importance of lobbyists and government partnerships. As new laws are enacted to make it easier and cheaper, it becomes more and more profitable to sue and win lawsuits against the millions of file sharers.

      Within 5 years, the majority of their profits may be from copyright "enforcement", taking the entire net worth of every individual whose IP address they get. They could end up with billions of dollars in revenue from this, far, far more than any CD sales. It wouldn't surprise me if they try to secretly encourage file sharing while officially opposing it. Any lawyers with relevant experience should be sending their resumes to the RIAA now. They will be even less inclined to pay artists a fair amount when they see how much more money they can make with lawsuits. The money will go to lawyers instead.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  117. Wonder how long it will take. by Anonymous Coward · · Score: 0
    Before somebody who lost everything due to an RIAA lawsuit walks into the lobby of one of their buildings and blows himself and a few of their people to bits.

    I am, of course, not advocating terrorist acts--they're just a natural consequence of putting people in a position of having nothing left to lose.

    1. Re:Wonder how long it will take. by Anonymous Coward · · Score: 0

      Exactly, this was also a thought of mine. I know I've had thoughts about what I'd do if I were sued for something like this, and I know there are crazier people than me out there that would actually act on those thoughts.

      It all makes me sick. The rich get richer and the poor get poorer.

  118. Karma to burn... by jpetts · · Score: 1, Offtopic

    a copywritten mp3

    Jeez, people, the word is "copyrighted". The root is "copyright", not "copywrite".

    --
    Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    1. Re:Karma to burn... by Anonymous Coward · · Score: 0

      It's a conspiracy I tell you, a conspiracy!


      "...(Missy spits)...In your face, open ya mouth,
      Gi'you a taste, "Hollaahh" Ain't no stoppin me,
      Copy written so..Don't copy me"

      - Missy "Misdemeanor" Elliot
      "Get Ur Freak On"



      This post was brought to you by the letters DMCA.

    2. Re:Karma to burn... by Anonymous Coward · · Score: 0

      Please don't telly me you're going to try to make a grammatical point by using that as an example. I can't count how many things are wrong with the above "lyrics."

  119. Interesting??????? by Anonymous Coward · · Score: 0

    NOTE: Yes, I don't care if you consider this a troll.

    who the fuck marked this as interesting?

    1. Re:Interesting??????? by tomstdenis · · Score: 1

      The same people who managed to score my other posts as

      Score: 1, troll :-)

      Tom

      --
      Someday, I'll have a real sig.
  120. Re:Stop being a crybaby and pay for the damned mus by fiftyvolts · · Score: 2, Insightful

    Regardless of weather the RIAA is right or wrong in their ethical practices using Kazaa et al. is being just as unethical. If we want to sink the RIAA (and believe me I would) I would feel a whole lot better with boycotts and legaslation.

    I can't believe that there aren't enough people who care on /. alone that we can't fight this fight standing rather than just pirating the music. Doing that says that you don't care that the RIAA is a megalomaniacal organization, but rather that you 'just hafta hear' the latest JLo song.

    Sending the wrong message is worse than sending no message. (Well I said it. So much for my excellent Karma)

  121. Odd coincidence, no illegal file-sharing on AOL ? by Anonymous Coward · · Score: 0

    It does strike me as somewhat odd that the nations largest ISP (according to the article) haven't even got 1 subpoena filed. Doesn't p2p systems work on a AOL-TW internet connection or what ?

    /non US AC

  122. What is needed is a standard defence by g8oz · · Score: 2, Interesting

    Since RIAA is going to file basically identical lawsuits, lawsuits that they are almost guaranteed to win, someone with a good knowledge of the law should come up with a HOW-TO that will explain how to:

    - defend yourself without having to hire a lawyer
    - give a solid, standardized argument that will minimize the damages you might have to pay

    RIAA's tactics are based off the aversion people have to the legal system. But a collaboratively developed, standard defence can reduce the pain. And letting people know they are not alone will reduce the intimidation factor

  123. Re:Your proof the Clinton's murdered Vince Foster? by Cpt_Kirks · · Score: 1

    All possible proof has been hidden, lost or corrupted.

    We are left with speculation. There are several things about the case that don't make sense (the gun, the note, the position of the body). I'm not saying he was murdered, but the evidence he commited suicide is not convincing.

    Personally, I don't think Bill has the balls to have someone whacked.

    Hillary, on the other hand, is a different breed...

  124. Evidence? by Convergence · · Score: 1

    Here's the problem with the subpoena's.

    Where's the evidence that the person whose privacy they are raping is even running a file sharing application? The burden of proof is 'Hey, subpoena the ISP for this information because I requested it'. Even if that burden was met, secondly, where is the evidence that they are in fact distributing copyrithed material. Its not infringement to clone a title. Its not infringment (which ONE OpenOffice mirror got a C&D letter about) to have a file called /windows/OpenOffice-1.2.3-tar.gz. It *may* be infringement if that file contains MS-Office, but if they don't check, they don't know... And we get violated.

    In the DirecTV cases. Since when does 'I bought a smart card interface kit from you' suddenly become equated with 'I have committed what is considered an illegal act'.

    1. Re:Evidence? by groomed · · Score: 1

      You raise some good points, but I feel that by and large the infrastructure that would be required to address your points (ranging from the ability to unambiguously identify Internet users to mandatory tamperresistant OS & software) is much more invasive and gives much larger potential for abuse than the current situation, even if the current situation is also flawed.

    2. Re:Evidence? by DeepRedux · · Score: 1
      In US civil cases there is a process called discovery, in which each side has to turn over over evidence to the other. Third parties call also be ordered to turn over evidence.

      Discovery happens after the case is filed and before the trial. The DMCA added a process whereby an ISP can be ordered by the U.S. District Court clerk's office to turn over names before filing.

      Either way, information is turned over before the trial and verdict.

      With the new DMCA procedure, the RIAA could file against an unknown "Joe Doe" and then subpoena the Doe's name from the ISP as a regular part of discovery. This would raise costs to both the RIAA and John Doe, who would lose the choice of settling before filing and probably have to hire a lawyer to respond to the court.

  125. Sampling CD's by failedlogic · · Score: 2, Interesting

    I download some tunes from the Net but I purchase the CD's I like and the music I don't like gets deleted - and inevitably I'm glad I listened to it first since it was most disappointing. I've found a lot of artists I never knew about and liked the songs enough to buy the CD.

    The music industry should try and promote new artists a bit more. I'm not suggesting it might curb all piracy but playing different tracks, promoting other artists people haven't heard might just tempt them to buy CDs. Makes sense doesn't it?

    My suggestions to promote other artists (which might curb the downloading music trend):

    1. Rotation on the radio stations blows. Stop hourly regualar rotation of the same 5 songs.

    2. Some music stores have demo CD's that you can listen to in the stores. It would be nice if some were more open to sampling to more CDs.

    3. Better promotion on labels' websites.

    4. Finally, albums more than 2 years tend to jump by %25. Lower the premium, which has stopped me from buying some CDs - and people might not download older albums either.

  126. THe *Clintons* didn't do it, per se. by Anonymous Coward · · Score: 0

    A) The *Clinton's* didn't kill Vince Foster.
    B) This does NOT mean that The Clintons didn't *arrange for* or *know* about the circumstances of Vince Foster's death
    C) Of course there's no proof. A large number of murder cases go unsolved, and this one of them.
    D) You can't deny that there *was* a a coverup for whatever reason.

    One might logically conclude that the Clintons arranged for Vince Foster's death, but because there is that shadow of doubt and Clinton *has* greased the right people, we will *never* know the truth.

    Don't let your love for Clinton, his politics, and the "economic boom" that he supposedly created (he helped by signing the tax cuts in 94, but beyond that he played little part in that) blind you to the very real possibility that the Clintons conspired to murder Vince Foster.

  127. http://www.subpoenadefense.org/ by HanzoSan · · Score: 1
    --
    If you use Linux, please help development of Autopac
    1. Re:http://www.subpoenadefense.org/ by Anonymous Coward · · Score: 0

      Here's their advice:
      1) It's Illegal
      2) Call a lawyer
      3) Moan
      4) Bitch

    2. Re:http://www.subpoenadefense.org/ by Anonymous Coward · · Score: 0

      5) ?
      6) Profit!

  128. anon39023 by EvilSporkMan · · Score: 1

    Oh shit! That's my roommate! *Frantically pulls plugs*

    Disclaimer: I'm only joking; I'm not even in college.

    --
    -insert a witty something-
  129. What About AOL? by Kneo24 · · Score: 0

    As far as I know, they haven't targetted ANY AOL customers.

    I'm sure if they targetted AOL customers, AOL might become angry with them. Still, if the RIAA TRUELY were about what they claim to be about, they'd go after AOL customers as well.

  130. Wow! by Teh+Bungi · · Score: 0

    I wonder it the RIAA is going to use all of its resources to actually try and go after every file swapper on the net eventually. This would probably have a huge effect on the economy if a majority of the population is in jail. :)

  131. Re:Been there, done that by Anonymous Coward · · Score: 1, Insightful

    Been there, done that.

    835,000 yanks get busted for pot every year and 88% of them are for simple possession.

    Yeah,...thats a tactic that's worked brilliantly.

    US teenagers smoke twice as much dank as Dutch kids do and its quasi-legal there.

    zeke

  132. When am going to see this shyster commercial? by Anonymous Coward · · Score: 0

    Are you a victim of one of a malicious lawsuit by the recording industry?
    Are your household appliances unfairly labeling you a tune-snatcher?
    Have you been harmed by violent and oxersexed public statements from the recording industry?

    I can help. My name is Frank Wankly, and you have my word on it.

  133. Entire Blocks of IP addresses by nurb432 · · Score: 1

    Since they no longer need *any* evidence, they could conceivably just send entire blocks of address to an ISP and demand the names.

    " They are on broadband, so they MUST be pirating "

    Then its your ( costly ) job to prove them otherwise. Or just give them the upfront $ which would be somewhat less then if you go to court and WIN..

    And once the bill passes to make it a felony, they can also order a search of your home and toss you in jail during the 'process'. Just beacuse they are in a bad mood that day.

    --
    ---- Booth was a patriot ----
    1. Re:Entire Blocks of IP addresses by Reziac · · Score: 1

      I think that's likely to be the case -- and woe unto the poor sucker who gets assigned the same IP address as someone else used to download filez last week.

      Pretty damned insane that shoplifting the same CD gets you a $500 fine and/or 24 hours in jail, yet they want to make filesharing the same songs a felony, subject to -- what was it, $250,000 fine and 5 years in jail?? You don't get that much jail time for manslaughter.**

      And before someone pipes up with "but it's digital copying and therefore unlimited", you can also run that shoplifted *or* purchased CD thru a bulk duplicator and sell copies on the street -- and unlike filesharing, that WILL actually cut into CD sales. So the argument that filesharing is *inherently* more destructive to the RIAA's intellectual property value, and therefore should get heavier punishment, is bogus.

      ** Maybe it would be more cost-effective to delete key RIAA members... ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Entire Blocks of IP addresses by Sabalon · · Score: 1

      As someone who sometimes has to find out who had an IP - there are two things needed - an IP and a timestamp...that alleviates the problem of having the same IP as someone the day before.

    3. Re:Entire Blocks of IP addresses by Reziac · · Score: 1

      If the RIAA isn't fussy about whether you actually infringed copyright prior to extorting the IP block from an ISP, I doubt if they'll be very fussy about trivia like timestamps either, before they drag new victims into a lawsuit :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:Entire Blocks of IP addresses by Sabalon · · Score: 1

      I would think that they would. If they don't, then they have no case at all. It would be too easy to have it thrown out. It's like saying "that person ate at McDonalds last week, we'd like to convict him for the robbery that happened Thrus at 8:05am.

    5. Re:Entire Blocks of IP addresses by Reziac · · Score: 1

      Though that's no different from their contention that anyone who has MP3s must have stolen them!

      Point is, they're totally out of control and are operating beyond the law. And yes, your analogy is exactly what would come up in court, but while it's obviously the case in meatspace, how many courts understand the concept of static or dynamic IP addresses?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  134. International Bounderys? by Anonymous Coward · · Score: 0

    You know I've always wondered how well this stuff goes over for international boundaries?
    The DMCA is not world wide (much to the disappointment of the Corps and groups like the RIAA & MPAA.) and allot of countries have privacy laws that are pretty strong, unlike the USA. so how well does stuff like this go over in First, and Second World countries? Were the corporations have not entirly taken over, and the government isn't Pandering to adopting all things US? and some version of Privacy still exists?

  135. A trading system that disallows known RIAA people? by tjstork · · Score: 1


    Should have a P2P network that allows:

    a) encrypted traffic
    b) end users that do get sued to broadcast knowledge of suspicious IP addressses across the network

    If that does not work,

    then, trade names and home addresses of lawyers that sue on behalf of these companies. Ya may not win in court but you could at least go kick their ass.

    --
    This is my sig.
  136. Silent Protest by Anonymous Coward · · Score: 2, Interesting

    Just remember to login onto Kazaa with a descriptive user name instead of Joe Bloggs or hi45y45 try the following:

    "File Sharing is legal in my country"
    "It is my legal right to share files"
    "File sharing is not piracy"
    "Know your rights visit www.eff.com"
    "RIAA represents companies convicted of operating illegal cartels"
    "IANAL but I have access to one"
    "You cannot prosecute me I am underage"
    "P2P helps music grow"
    "CD prices equals extortion"
    "Music is an addiction sue the pusher"

    or my current favorite:

    "Who watches the watchers"

    Remember to use an underscore instead of spaces,
    Enjoy.

  137. Outrageous! by Valkyre · · Score: 1

    This is outrageous! Terrible! I am aghast and lack the words to convey my frustration! A new version of Kazaa Lite is out, and nobody told me! For shame, for shame...

    Oh yea, and, um, RIAA=bad too, I guess

    --
    What the heck is a 'sig'?
  138. What happens when the reduce/kill piracy... by Anonymous Coward · · Score: 0

    And their financial numbers are still down? What can they blame it on next and as some of these posters mention, is the US government expected to bail them out?

  139. Confused about the situation by thebagel · · Score: 1

    I'm confused (as you probably noticed from the subject :) ; Is the RIAA sueing (sp?) file *downloaders* or file *sharers*? And are they only sueing those who download/share copyrighted music, or are they going for the whole enchilada and sueing *all* sharers? Like, can I download independent music/stuff not governed by the RIAA?

  140. when will they sue for Kazaa porn? by The+Lynxpro · · Score: 0

    I have the distinct feeling that the RIAA is simply going to scan for Kazaa users and then try to sue them whether or not they actually file trade MP3s. If someone is file trading 800 porn files, do you really think the end user will fight that in court? What if a minister is sharing that many porno MPEGs? He'll pay the hush money, err, I mean "settlement." The RIAA will try to associate Kazaa and others with only MP3 trading, not with any other non-music file format.

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  141. RIAA is winning every battle, but losing the war by xigxag · · Score: 2, Insightful

    OK, so Kazaa usage trickles down to near zero. Now what? No more downloading Three Dog Night's unreleased studio sessions? No swapping of the full catalog of Fishbone? In other words, no more impulse downloading of dozens of old, obscure songs you'd never actually pay for anyway, even at 25 cents a song. How's this supposed to help CD sales, again?

    Do they really think people are going to go back to buying the latest hits at $17.99 a pop when it's still so easy, even without major filesharing programs, to burn a copy of the lastet CD from someone else in your dorm, or to swap mp3s over IM with trusted friends only?

    I don't begrudge their attempts to pursue legal remedies but at this point the barn door is wide open and the horse is halfway to the next county.

    --
    There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
  142. the RIAA made me do it... by Jucius+Maximus · · Score: 1

    There. I am now an EFF member.

    1. Re:the RIAA made me do it... by jafuser · · Score: 1

      Congrats =)

      I signed up to pay them an automatic monthly recurring amount about two years ago. I'd highly recommend this approach, since it is completely "set it and forget it".

      It helps me feel better about spending money on an occasional DVD purchase or night out to the movies.

      --
      Please consider making an automatic monthly recurring donation to the EFF
  143. Clerks office "more like a clearing house" by mrtaco01 · · Score: 4, Insightful

    Two items in this article worried me a little: "The RIAA's subpoenas are so prolific that the U.S. District Court in Washington, already suffering staff shortages, has been forced to reassign employees from elsewhere in the clerk's office to help process paperwork, said Angela Caesar-Mobley, the clerk's operations manager." and: "A spokeswoman for the Administrative Office of the U.S. Courts said the clerk's office here was "functioning more like a clearing house, issuing subpoenas for all over the country." Any civil lawsuits would likely be transferred to a different jurisdiction, spokeswoman Karen Redmond said." Here the RIAA is overloading the D.C. District Court to the point they need to transfer people, which leaves other staffs shorthanded, which slows down other (more important) aspects of the Clerk's office - Such as dealing with REAL criminal cases. Oh, and not to mention these clerks are likely working more than normal. So the RIAA has already stuck it to us all by even filing for subpoenas. Our tax dollars pay for those clerks who are doing the RIAA's bidding. Isn't it nice to know even when we dont want to help the RIAA, we are?

  144. Re:Been there, done that by efflux · · Score: 1
    This is way off topic, but I'll roll with it...

    US teenagers smoke twice as much dank as Dutch kids do and its quasi-legal there.

    One might say that one negative instance does not establish a rule.

    That beside, I don't think that the current US tactics will help any. From what I understand, the war on drugs dates back to Nixon and is designed to "take care of the black problem without seeming to". Or so I've heard the semi-recently released tapes had indicated.

    If society is genuinely concerned about kids being on drugs they should try to give kids a reason to value their lives. I don't mean that Boys Club bs either, but actual oppurtunities to do something. Yeah, you probably won't dent casual users, but I don't see that as that much of a problem anyways.

    --
    Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
  145. Writ by Anonymous Coward · · Score: 0

    Actually, the root is writ (see 2b), and '-ed' form is irregular.

    Yes, that was a joke.

  146. Usenet Has No Content by mrwiggly · · Score: 1

    Don't get me wrong, I used to love usenet. Then the spambots, and cancelbots came along.

    I can't find anything on alt.binaries.* these days that forms a complete file set. Maybe it's just that uunet (my provider) is in bed with RIAA.

    1. Re:Usenet Has No Content by Doctor7 · · Score: 1
      Maybe it's just that uunet (my provider) is in bed with RIAA.

      It's that your 'provider' is an ISP and most ISPs, although they like to advertise its availabilty, can't afford or be bothered with, the space and maintenance that a proper newsfeed requires. If you want good retention and full completion, you have to use a paid-for news provider.

  147. Links to tens of thousands of legal MP3 downloads by MichaelCrawford · · Score: 4, Informative
    You don't need to worry about getting sued by the RIAA or arrested by the FBI if you download legal music. Many indie (unsigned) musicians offer downloads of their music in hopes of attracting more fans - here's mine and my friends The Divine Maggees.

    If everyone started downloading legal music instead, we would make short work of the RIAA, because people would start buying CDs from indie bands, and seeing their shows, instead of enriching the major labels every time you buy a Britney or New Kids CD. The RIAA would also have no cause to complain - these music downloads are not copyright violations because the artists give you permission to download them.

    Probably the best known site for downloading MP3s is of course MP3.com . See especially their genre index . Click the link. You will be quite astounded at how many genres there are.

    Unfortunately the website usability of MP3.com is atrocious, and their streaming audio seems to be buggy - I can't get it to work in either Explorer or Mozilla. To get an MP3 file to download to your hard drive, you have to register, which I'm sure will result in merciless spamming. May I suggest registering with a throwaway email address from spamgourmet ?

    The Open Directory Project has Bands and Artists and Styles indices. Not all the artists offer downloads, but the site says they list 48,000 artists and I imagine many of them offer downloads.

    There are better sites for hosting MP3s than MP3.com. Some of them allow you to buy the band's CD from the same page as the MP3 download. Among them are The Internet Underground Music Archives, CDBaby, Epitonic.com, Lulu, SoundClick, Matador Records and insound .

    Monotonik provides BitTorrents with zip files containing 60 to 100 MP3s apiece available here.

    If you prefer the higher quality, patent-free Ogg Vorbis files you can find several download sites here . Ogg Vorbis players are available for many platforms - WinAmp will play them on Windows, and I understand iTunes on Mac OS X supports Ogg now. There are open source Linux ogg players and encoders, even an open source fixed-point decoders for embedded applications where the CPU doesn't have floating point hardware.

    There are also peer-to-peer applications for distributing legal music. See Furthur Network and konspire[2b] .

    Unfortunately, musicians are often not very good website designers, so poor usability is a significant obstacle to getting music directly from artists' websites. If you're a musician, and you'd like to know how you can improve your website so more people will download your music, please read my article If Indie Musicians Wanted Their Music Heard....

    Finally, there is the problem of finding the music that's actually worth listening to. The labels do serve the (somewhat) legitimate purpose of picking out the good from the bad. But we can do that ourselves with legal downloads by using collaborative filtering, for example by downloading our music with iRATE, which you'll find at

    --
    Request your free CD of my piano music.
  148. Gotta love it... by Anonymous Coward · · Score: 0

    RIAA = Legal Terrorism

  149. do the math... by di0s · · Score: 1

    871 out of more than 60 million? Not a very large number. The RIAA's hatred of P2P reminds me a of a quote: "New ideas are feared by those who think the future is an extension of the past."

  150. Can I email myself an ebook I own? by gad_zuki! · · Score: 2, Interesting

    Putting the "is MP3 trading really hurting anyone" argument aside, as a DePaul student I'm very concerned over my privacy rights. DePaul is fully working with the RIAA and not even put up a legal defense to maintain the privacy of its students.

    This is simply unacceptable. Will all our traffic be sniffed by various copyright holders in the future? I don't like carry around thousand page books so I just scan them. If the publishers of america jumped on the RIAA bandwagon would I be a criminal and my ISP/University would fold instantly when asked for information? I'm afraid the answer is yes. Then I have to goto court and try to defend myself in front of a world of technophobes and vs. some lawyers that know all the tricks.

    To me it looks like ALL format shifting has come under question, regardless of the legality of the use. Imagine if I gave someone a copy of one of my scanned books for academic use so we can work together on a project. Again, the "format-shift police" and the lack of privacy means that I'll probably be forced to defend my fair use rights at lawyerpoint.

    When will it end? Will sigs in emails be checked to see if anyone owns them too?

    A wholesale destruction of privacy rights and the destruction of fair use is not good for anyone, even the dreaded RIAA. Let's not forget the flaps their artists are always going through regarding illegal sampling, stealing obvious musical progressions, etc.

    This whole MP3 thing is eroding our civil liberties faster than we'll be able to get them back. This will all lead to the day of the DRM enabled browser that won't let you copy and paste or link to copyright articles. This will put a massive chill on speech.

    Laugh at the above all you like, but the web works mostly because of fair use and privacy. We've successfully fought off the "hyperlinking without permission is illegal" crowd and the "you must tell me who is anon39595 is" crowd. The RIAA is only helping those people. We are living in a time where copyright holders are more or less simply calling ISPs, giving an IP address and a time and getting back info like name, address, phone number, etc.

    I really hope the RIAA doesn't have their stuff together and someone can build a defense on barratry. As I see no other way out of this problem. The file traders won't quit and neither will the RIAA.

    1. Re:Can I email myself an ebook I own? by Adam9 · · Score: 1

      As a sidenote, I was also told that my school doesn't give a damn about the claim and they'll cooperate with anyone who asks questions. I think it's a lack of backbone and laziness.

  151. Oh please (put your asbestos on)-monetary vote. by Anonymous Coward · · Score: 0

    The funny thing about the posters argument is he's forgotten about the "monetary vote" that all consumers have....Oh wait, people who download without paying don't have that vote.

  152. find an unsecured by EvilGecko123 · · Score: 0

    find an unsecured government wireless access point (as i understand there are quite a few), start sharing 100 gigs of music and movies, and wait

    or in a way for some slashdotters to understand...

    1) find an unsecured government wireless access point
    2) start sharing 100 gigs of music and movies
    3) ???
    4) Profit

  153. A Modest Proposal to the RIAA by jabber01 · · Score: 1

    Dear RIAA,

    Napster, Kazaa and P2P are the least of your problems. The above-mentioned USENET isn't a major threat either.

    It's the consumers. Or rather, the non-consumers, who get to partake of the fruits of your labors each time they turn on the radio, or fail to stick their fingers in their ears when a car drives by their home at night with the bass turned up.

    Surely, not everyone who is exposed to, say the latest offering from Eminem, legally owns the album - and therefore does not have the right to listen to the "work for hire" RIAA product.

    Unfortunately, no amount of marketing will change this. Some people just do not realize that what is popular to a hand-selected focus-group should be popular enough with everyone to justify the purchase of the disc.

    The solution is simple however. By applying concerted pressure to the Senators and Representatives whose mortgages are underwritten by the RIAA and their associates, Laws may be drafted and passed to impose a Federal lever tax on all US Residents. This culture tax, of approximately 2% of their annual income (a meager amount to spend on entertainment and the pinnacle of human culture, provided by the RIAA) would surely off-set the loss of potential profit suffered at the wicked hands (or ears) of people who steal music by listening to it from passing cars and the radio, without ever paying for the distribution media.

    Please consider this solution, offered by this concerned consumer, and feel free to suggest it to your friends at the MPAA, Disney, Sony, Viacom, AOL-TW, and anyone else who isn't realizing the profits they are so rightfully entitled to.

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  154. and Yet by linuxislandsucks · · Score: 2, Insightful

    The priacy people who copy music and sell for profit outside the US including terrorists in Iraq are stil not charged by RIAA..

    and yet still no listening to music lovers request fo downloadable song tracks which we are willing to pay $0.99 per track..

    and yet RIAA business model burns..

    --
    Don't Tread on OpenSource
    1. Re:and Yet by Anonymous Coward · · Score: 0

      WTF?

  155. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    Oh, I get it. Stealing is okay if it's someone you don't like. I hope you keep that in mind next time you go out to your car.

  156. They won't find out about usenet by dacarr · · Score: 1
    "Usenet? Huh? That's text and no pretty pictures? That's not standard enough for us."

    (This is derived from a former supervisor who declared telnet as non-standard. Yes, it's deprecated, but she said that RFC 854 didn't exist either, after I showed it to her.)

    --
    This sig no verb.
  157. Myopic POV and "/." culture. by Anonymous Coward · · Score: 0

    "The fact that corporations succesfully managed to get every piece of law in their favour is what is scary and totalitarian."

    Is this really a fact? Or just maybe you don't hear/pay attention to the failures?

  158. Someones bound to stand up by Zed2K · · Score: 3, Insightful

    Out of the 800 some subpoenas filed. Someone in that ever growing group is bound to have enough money or know someone famous that will assist and help them stand up for themselves. Unfortunately most of the people are probably high school or college kids or people just trying to get by in life. If I were in the group and forced to settle, part of the settlement agreement would have to be that I'm allowed to talk about what happened to me in public. Embarrass the hell out of the RIAA. Go on as many talk shows and radio shows as possible. If they can't fight them in the courts then use the media.

    1. Re:Someones bound to stand up by burns210 · · Score: 1

      "Unfortunately most of the people are probably high school or college kids or people just trying to get by in life. If I were in the group and forced to settle, part of the settlement agreement would have to be that I'm allowed to talk about what happened to me in public"

      So some punk highschool(not unlike myself) gets the crap scared out of him with a lawsuit, and now has to either settle, or go to court where his one(crapy?) attorney will face the RIAA's 50... but you want to make demands when you settld?! Please, you bend over and take what they give you so that you don't get sued for rediculous ammounts or go to jail

    2. Re:Someones bound to stand up by Zed2K · · Score: 1

      Its called a settlement for a reason. Its a deal struck between the 2 opposing sides. Its not just one sided.

    3. Re:Someones bound to stand up by burns210 · · Score: 1

      " Its called a settlement for a reason. Its a deal struck between the 2 opposing sides. Its not just one sided."

      Yes, but when the alternative is jail time, rediculous fines and a team of lawyers, the young kid who be stupid not to settle... And if he made demands, fine, the RIAA and their lawyers take the kid to court.

    4. Re:Someones bound to stand up by Zed2K · · Score: 1

      Which is where the "someones bound to stand up" comes from. No doubt many will just settle without saying a word, but with the large number of people they are talking about pulling in there is going to be someone who just doesn't care and will be willing to put it all on the line to fight back.

    5. Re:Someones bound to stand up by babyrat · · Score: 1

      so it's alright to ignore the law by 'sharing' music files, but it isn't alright to ignore the law when it comes to obeying a setttlement agreement?

  159. Here's a solution by smagruder · · Score: 3, Interesting

    Use meetup.com (or an equivalent) to host local CD-ripping parties on a monthly basis. Let's see the RIAA stop that.

    --
    Steve Magruder, Metro Foodist
    1. Re:Here's a solution by vegetablespork · · Score: 1

      Easy. They show up at the "ripping party," film everyone, and a few days later, armed federal agents kick down the doors of everyone except the phed.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:Here's a solution by _xeno_ · · Score: 1
      Why wait? Why not just allow them to copy them in front of the agents and then pounce on them immediately?

      Anyway, someone's bound to suggest calling it a "LAN party" or something that doesn't - necessarily - mean "massive piracy party." There's an easy solution to that, which I'm surprised they haven't offered earlier: bounties on pirates. Offer up a $100 cash award for information leading to a successful conviction of a file trader and then watch as all the people stop using Kazaa or going to these parties out of shear paranoia.

      Before someone flames me on using "the wrong words" keep in mind I'm suggesting things from an RIAA point of view. While there's an implicit judgement in that paragraph, I'm still waffling on the whole issue. (I'm hovering around "copyrights should be shorter but most file trading should be considered illegal.") I can read the other arguments in the thread.

      --
      You are in a maze of twisty little relative jumps, all alike.
    3. Re:Here's a solution by vegetablespork · · Score: 1

      The reward system would be particularly pernicious. It'd create a Stasi with respect to file sharing right here in the U.S. You sure you aren't working for "them"?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    4. Re:Here's a solution by PsibrII · · Score: 1

      Why stop at ripping someone elses CDs ? If everyone at the party has a computer with hundreds-thousands of MP3s already ripped, all you need is a means of pumping the data from one PC to the next. USB2 and Firewire drives would be ideal for this. Or you could finally get some use out of that new gigabit ethernet that comes on many new motherboards. Just turn your lan gaming party into a file swapping mania party. Of if you wanna be totally wacky, use a wireless network with a mesh system rigged up, or just use some bit torrent system.

  160. REDUNDANT IRRELEVANT TROLL by aborchers · · Score: 1

    NOONE in this thread said that only Replublicans are sold out. Anyone who's paying attention can see that each of the major parties is just sold out to a different set of interests.

    --
    Trouble making decisions? Just flip for it.
  161. Ahem...Freenet! by Famatra · · Score: 2, Insightful

    In case you did not hear, there is a P2P way to trade anonymously called freenet:

    http://freenet.sourceforge.net/index.php?page=down load

    There isn't much content because it's fairly new, but with a little help a few uploads it could be come a very good trading network.

    1. Re:Ahem...Freenet! by Anonymous Coward · · Score: 0

      Don't be ridiculas. Put a packet sniffer on your computer, use any flavor P2P and check the packet sniffer. It tells you the IP address of where the file is coming from. Better, some of the new P2P programs that download simultaneously from multiple sources give you a whole group of IP addresses. They can't hide and neither can you.

    2. Re:Ahem...Freenet! by Nogami_Saeko · · Score: 1

      I've given it a try a few times. The biggest problem I see is that it's slow. Really slow. I mean my old 300-baud modem would beat it in a race slow.

      Transfer a 10mb file over it? Not in my lifetime...

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    3. Re:Ahem...Freenet! by austad · · Score: 3, Informative

      Actually, just because the data is coming from a certain IP does not mean that's where the actual file is coming from. Freenet essentially builds itself a large private encrypted network, with each node storing data, and routing traffic coming from other places. There's no way to prove the file came from a particular machine because the data in the store is all encrypted, it could have simply been routing it.

      You wanna argue that if you route that traffic then you're liable?? Then you'll have to also argue that service providers are liable also since that data is passing through their systems.

      --
      Need Free Juniper/NetScreen Support? JuniperForum
    4. Re:Ahem...Freenet! by Famatra · · Score: 1

      I've downloaded lots of movies and stuff off it, If I had to guess i'd say 1.5 gig.

      I find the latest versions are slow lately, but getting files off of it is possible.

    5. Re:Ahem...Freenet! by jafuser · · Score: 1

      I tried Freenet once about six months ago. I never could get it to work behind my NAT box.

      I read the documentation, did some port forwarding, but I still couldn't get an indication that it was active.

      Maybe it was working, but there was no clear indication amongst the hundreds of stastistics numbers I could browse through in the freenet interface.

      The freenet client has waaay too much technical crap exposed to the person running it. How about a Napster / Kazaa / Shareaza type of front-end that makes it dumb-stupid-easy to use?

      When that happens (and not until then), Freenet will take off.

      --
      Please consider making an automatic monthly recurring donation to the EFF
  162. Re:Mega Corporations and their dying business mode by john_is_war · · Score: 1

    I agree fully. We, the customers, are obviously disatisfied with their business practices. But instead of listening, they're attacking. I'm sick of paper doll bands which are all exactly the same. I'm sick of remix CDs which shouldn't even have been wasted with. I'm sick of 30 minute CDs. I'm sick of CDs which only have 1 or 2 decent tracks. I'm sick of artists being advertised as a genre they're not. And I'll be damned if I'm going to pay 14 bucks to take a gamble on a CD.

    If the recording industry just made a cut in their executives, I bet there'd be more room for cheaper CDs, seeing as how the company makes money from CDs while the artists mainly gets it from touring.

    And they also gotta knock it off with controlling music types. I'm not a big fan or rap or pop so I can't watch music TV or listen to the radio. I want to be able to go in a store and be able to see more then 4 music types. The day I see VNV Nation in a Best Buy or FYE for at most 9 bucks is the day I'll stop bitching.

    --
    Live life to the fullest. It's not that life is short, but that you are dead for so long.
  163. Illegal becomes legal if YOU change it by Quizo69 · · Score: 3, Insightful

    As most people currently acknowledge (if only grudgingly), wanton copying of songs is, whilst not immoral, certainly illegal in the eyes of the law. The answer to this phenomenon of music downloading isn't encrypted filetrading etc, but MAKING IT LEGAL.

    As a recent example that comes to mind, look at the overturning of the sodomy laws in a few US states that still had them on the books. On the day prior to the overturn you could have been arrested for having sex with your gay significant other, however one day later and you were LEGALLY able to do so without fear of arrest.

    Did the morality of the situation magically change overnight? No, of course not. What changed was that society at large recognised that the legality didn't gel with the morality, and therefore overturned the law itself because it was not considered to be of "benefit" to society any more (it never was IMHO).

    So should it be for copyright law in the digital age, where information can be easily copied for near zero cost (other than buying hard drives etc).

    I am reminded of another good example, though fictional at this time, of matter replicators as seen on Star Trek et al. If we could download the recipe for a meal and replicate it, should that be deemed illegal, or should we end world hunger virtually overnight?

    If it is accurate that most (>50%) people download music then we should overturn the whole concept of copyright, move with the times, get rid of outdated business models (distribution monopoly through artificial scarcity) and start over. Society should base laws on accepted morality, not corporate buyoffs of laws paid to politicians.

    Finally I just want to say this:

    Listening to a song on the radio is legal. Time-shifting a recording for viewing or listening later is legal. But if I download that same recording from P2P to time-shift my listening to when I want to listen to it instead of when some DJ decided it was time to listen it, suddenly I'm a criminal. What the fsck???

    (The answer of course, is that by stripping out the ads the radio station can't sell their advertisers the audience. Yes, YOU are the PRODUCT being sold BY radio stations TO advertisers. It destroys yet another outdated business model. Middle-man based industries are the ones dying off, and it is these industries that are now paying off the politicians to keep themselves in control that little bit longer until they can cash out.)

    Quizo69

    1. Re:Illegal becomes legal if YOU change it by einTier · · Score: 2, Informative

      I am reminded of another good example, though fictional at this time, of matter replicators as seen on Star Trek et al. If we could download the recipe for a meal and replicate it, should that be deemed illegal, or should we end world hunger virtually overnight?
      Careful. The last time I used this analogy on here, I was accused of spouting nonsense. I was told to maintain a grip on reality and that replicator technology was impossible. I believe it was compared to unicorns and leprechans.

      Fact is, we'll have it eventually. We already have three diminsional printers, and all a replicator is is a three diminsional molecular (or atomic) printer. Put enough raw elements in on one end, and you should be able to print out anything you want on the other. There's no physical laws that make this impossible. And, the copyright ramifications are going to be HUGE.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
    2. Re:Illegal becomes legal if YOU change it by Anthony+Boyd · · Score: 1
      wanton copying of songs is, whilst not immoral, certainly illegal in the eyes of the law.

      Uh, I for one think wanton copying of copyrighted material is not just illegal, but immoral. Now, I can find things that are "more moral" to me than preserving copyright -- the people posting copyrighted documents from the Scientologists strike me as people who might have a very ethical purpose behind their activities. But wanting to hear the latest single for free doesn't exactly rise to that level, at least not for me.

      However, something else does: copyright law itself. It has been extended and extended and re-extended to the point now where there is nothing falling into the public domain. In the US at least, "we the people" have been shafted by corporate interests. As a copyright holder myself on hundreds of poems, and with my wife having composed about 20 copyrighted songs, I want copyright to exist, but not like this. This harms us -- history is literally decomposing and falling apart as old books and tapes and artwork languishes so that Mickey Mouse can earn an extra 20 billion for Disney. I don't think that's a blanket justification to share/copy anything, but I have a very difficult time respecting materials marked "copyright 1923." For the most part, people who created those works are dead.

      I saw a sticker on a car yesterday, and it really summed up my feeling about why copyrights are going to be less and less deserving of my respect. It read: "If you want people to respect the law, make the law respectable!"

    3. Re:Illegal becomes legal if YOU change it by 0111+1110 · · Score: 1

      As a recent example that comes to mind, look at the overturning of the sodomy laws in a few US states that still had them on the books.

      This looks like just another win for the record companies. After the last few $18.99 CDs I couldn't sit down for a week. Next thing you know rape will be legalized too. The RIAA is way too powerful.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  164. not nessessarily true by Anonymous Coward · · Score: 0

    Some people pirating DirecTV's signal were indeed customers, as in the past, it was believed that maintaining a subscription would keep you on their good side, so to speak. Also, it was very handy to have your own, private, subscribed image to apply your hack to, because all the ones freely available go down as soon as DirecTV finds them.

    Finally, there are people who are being sued who aren't guilty, and who are DirecTV subscribers. Please don't throw around a generality like you know what you're talking about when you obviously don't.

  165. How to stop the RIAA by Anonymous Coward · · Score: 0

    I thought the solution was pretty obvious.

    1.) Find some old lady, or distinguished member of society and spoof their IP. (If you are really lucky maybe an unguarded WiFi network?)

    2.) Download and swap as many songs as you can daily, wait for RIAA to get angry at person who owns the IP.

    3.) When said person gets the letter from the RIAA getting sued, make sure it goes public and ensure the media knows there is no way in heck this person could do fileswapping.

    Think about the people you could target? Enough reports of the RIAA suing grandmothers for downloading the latest Marilyn Manson album would be enough to destroy their latest scheme.

  166. The way to address it is simple by Convergence · · Score: 1

    They are required to submit a signed affadavit attesting both that the work under question is XX and they represent the copyright holder of XX, and that they believe there is infringment, before the subpoenea. If the work in question isn't XX or they do not represent the copyright holder, they are guilty of perjury. Fine them ten times the damages they are claiming.

    I want a high standard they have to meet to avoid chilling effects.

  167. Re:Stop being a crybaby and pay for the damned mus by JonnyCalcutta · · Score: 1
    Oh, I get it. Stealing is okay if it's someone you don't like. I hope you keep that in mind next time you go out to your car.

    People in general do not steal physical objects because they would be taking that thing away from someone else, whereas music copying does not deprive anyone else of the music itself. Beyond that I guess you have to ask yourself whether art belongs to society or corporations - should profits over-ride culture or should culture take precedence over profits

    Personally I believe that laws are meant to reflect society not mould it.

  168. what they should have been doing all along by doce · · Score: 4, Insightful

    honestly, this is exactly what the RIAA should have been doing all along. going after the networks themselves was futile - with the demise of Napster came the advent of AudioGalaxy, then Gnutella, then Kazaa (with a couple of others omitted out of laziness on my part). most have fallen like dominoes, only to be replaced by progressively less centralized networks.

    shutting down the networks is akin to closing a road just because people speed and suing the contractor that built the road. cities, though, have to bitchslap those who are actually breaking the law. siren, lights, ticket, court date.

    and that's just what the RIAA is learning now. they can go after the networks all they want, but as long as the end users feel immune from harm for their trafficking, another network will spring up in its place. by going after the actual swappers, the RIAA is finally going to make a dent in its little problem here.

    argue about the inequality of the music industry, its uneven balance away from the artists themselves, the unfairness of the current copyright schema, and all that jazz... but that's the way the world turns today. the consumers are not going to instigate change in the music industry - the balance will favor the artists only when the artists start standing up for themselves. and truly, if the balance were that unfair you'd see that happening.

    laws are another matter, but the same necessity. just like the musicians need to stand up and wrestle back some control over their art, the American people need to stand up and wrestle their government back from corporate interests.

    the whining that goes on in here and around the net is disappointing. we know what the current regime is. we know what the consequences are. unfair or not, we shouldn't act surprised when you get caught.

    --
    woof!
  169. Time limitations? by segfault_0 · · Score: 1

    I was wondering the the RIAA has enough lawyers to try all these cases before the copyright runs out on the songs they are sueing for.. 75 people a day, 27375 people a year, that puts my court case at approx. the year 2096 - anyone interested in defending a post-mortum file sharing copyright case?

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
  170. VW is next target/Demo songs illegal? by gsfprez · · Score: 1

    Apparently, VW hasn't learned, you can't just go around giving away people's mp3s and - worse - posting them on the internet.

    just follow the link to the "Pods Unite" link (its a Javascript to a flash... how "Apple/VW) and you'll see VW has mp3's POSTED on their website!!!!

    This is just asking for trouble.... /joking

    Seriously, though.. i don't get it.

    some of the songs on VW's website are copyrighted songs - For example (again, sorry, the VW site is a (really nice) Flash site, so i can't give you a direct link), The Decemberists song is available on the VW site, but they obviously want to sell their music.. but, confusingly, provide an MP3 from the CD on their website too? So, if i share this mp3 with Kazza, does that mean that i'm violating copyright or not? So exactly which songs are copyrighted? Is there a list of the copyrighted and non-copyrighted songs on the CD? Does that mean i have to buy the CD to determine which songs are copyrighted?

    The song is clearly on the CD that they are expecting you to pay money for, yet they are indiscriminately providing a link to copy copyrighted materials!

    And on the VW site - i don't see any information informing me what rights i have to the mp3s they are providing... are these songs copyrighted?

    the rules are so fluffy as to be unbeleveable... yet people are going to jail?

    this sucks.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:VW is next target/Demo songs illegal? by Alex_Ionescu · · Score: 1

      Umm...did you think that just MAYBE VW actually licensed the songs?

      You can license songs for previewing, distribution and downloading, as long as you pay the copyright holder the proper licensing fees.

  171. Re:Get a clue! PAY FOR MUSIC you thieves! by Anonymous Coward · · Score: 0

    while a troll. This is actually a problem for customer and seller. There is a audiance for LOWER cost music. Instead of sueing everyone in site. They could lower the price to compete.

    If a CD cost me 5 bucks would I bother to download the thing? When I can get a pristeen copy. Not somthing thats ripped at a odd rate or has skips or cuts out the last 10 seconds of the song? They are slowly raising prices and seeing customers go 'hmm rather not have that' but if it was couple of bucks cheaper the would go 'hmm what the hell...'

    You could also make the otherside of the argument here which is, its only 5 bucks they are not loosing much. True but they are just making up numbers anyway for their possible losses. Of the people out there with 3k of mp3's how many of those could you honestly say 'yes I would buy that'. I would say their decline in sales is due to people being out of work and the ones around them. If you see 20 people loose their jobs you are not likely to run out and go buy 5 CD's.

    Oh and not to leave 'them dems out'. Remeber Al gore and his wife were the sponsers of getting CD's banned. Now there is a sticker on some of em. Well some retailers WILL NOT carry those CD's. That hurts sales also.

    For me I ripped all my own CD's. As its a pain to try to find ones that are like the ones I have on CD. Or if I find one its ripped a fairly poor quality. But apparently its good enough for them. Plus I have some wierd hangup about breaking any law.

    Also if you have a problem with whos in office get out there and VOTE damnit. Write your congressman, write your senator. They are there to represent YOU, even if you didnt vote for them. If you do not tell them what you want they will do whatever they want. Do you realize that only half the people elegible to vote did? In this country that means 1/4th of the people voted for Mr Bush? I voted for Bush, because the other guy swore up and down to RAISE tax's. That would have helped on a declining market.

    Think about this. Who got rich during the bubble. Oh sure some of us had it nice then. But now that the rich got rich during mr clintons era where are we? Yep screwed. Because they got their money and ran. You think tax cuts give breaks to the rich. I know people where the extra 20-50 bucks per check they are getting is VERY helpfull. The rich were quitely getting laws written to help them get VERY rich. Can you say Enron or WorldCom or generaly accepted acounting rules. Once the rules start going back to something sane the great ponzi sceme came crumbling down. And you blame bush? It was already teatering when clinton left office. And like most ponzi scemes last one in pays big

  172. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 1

    I'm a professional artist (photographer). I make art for a living, and sell it to people. I like to think that the art I create belongs to me. Otherwise, I couldn't make a living. Occaisonally, I choose to give my art away. The musical artists here are making no such choice.

    --
    We don't have a state-run media we have a media-run state.
  173. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    I feel absolutely no obligation to pay for music I have never heard.

    And if artists/labels believe they can continue the practice of releasing a single radio worthy song on an album and stuffing the rest full of crap to fulfill contractual obligations they are sorely mistaken.

    vive la resistance digital

  174. Parking tickets by Teancum · · Score: 0

    Oh? The person recieving the parking ticket doesn't want them, but you had better believe that the people who own the buildings where you have parked and got the ticket is glad they are issued. In areas where there is a high demand for parking, it is usually the building owners who go to the local city council meeting and ask for a street zoning change to put in a such-and-such parking restriction, whether that is in the form of downtown parking suggestions from the local chamber of commerce to an apartment building near the local football stadium (choose your definition of football as well... when in Rome....) that doesn't like people taking stalls from their residents during a game. There are usually very good reasons for parking tickets.

    That said, I think that politicians are beginning to realize that there is a silent backlash against some of the current copyright legislation. When the RIAA decides to go after a nephew or daughter of a US congressman (which with the current number of filings, I doubt they are worried about checking the relations throughally of all of the defendants), maybe somebody will start paying attention. Especially when what is copied is some J.S. Bach played by a local High School Orchestra.

  175. To try and shut down Usenet binaries by Anonymous Coward · · Score: 0



    Would require prosecuting ATT, BellSouth, Roadrunner, etc. for distributing all those files.

    Not to mention the kiddy porn they all allow...

    I think they prefer to just not hip everyone to Usenet. Between proxies, and the fact that people can post warez, movies and mp3s to ANY binary group, they would have to eliminate all binary groups.

    1. Re:To try and shut down Usenet binaries by Anonymous Coward · · Score: 0

      Not to mention the kiddy porn they all allow

      And just how do you know about that...

  176. Original Lie by efflux · · Score: 1

    The original lie is that music is a commercial product to begin with.

    --
    Do I contradict myself? Very well, then I contradict myself, I am large, I contain multitudes. -- Walt Whitman
  177. Re:Been there, done that by Anonymous Coward · · Score: 0

    P2P is by its very nature a public system. It would take tens of thousands of undercover officers several months to catch all the drug dealers. The RIAA can identify all the file traders using a single computer in a couple days. The only expensive part is actually getting an injunction against these individuals.

  178. So where is the encrypted P2P? by TheCeltic · · Score: 1
    All of this would be irrelevant if the community would just embrace a P2P filesharing tool that is encrypted.. (yeah, they could still trace where you came from but not what you were trading). Without evidence, how can they come after someone?

    WHAT P2P filesharing tools are there (that encrypt transfers?) that maintain privacy for their users?

    --
    =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
  179. I've stopped P2P-ing. Who else has? by Anonymous Coward · · Score: 0

    Their scare tactics worked on me when they gave their warning, and I stopped using P2P apps. On hearing this latest news, I gave my hard disk a bit of a clean-up, deleting a load of infringing files. (Most of which I didn't listen to anymore, or had already bought on CD)
    The RIAA have won this battle, and could actually win the war. Current generation P2P won't survice this, at least in the USA. New generations of secure/anonymous P2P will undoubtably appear, but by then just using a P2P app will be enough to implicate you of criminal activity :(

    Now I've stopped downloading, and as I don't listen to much radio, I don't expect I'll be buying many CDs, as I won't be exposed to any new music...

  180. Encrypted ftp? by Eric+Ass+Raymond · · Score: 1
    I'd like to share my CDs and DVDs with a few of my friends (not "friends" as in Kazaa). Up until now I've been doing it simply by granting them an sftp access to my computer.

    However, as far as I understand, sftp only encrypts the control data and leaves the file being transfered in the open.

    Now, given the recent success the {M,R}IAA has enjoyed in strong-arming the ISPs into revealing detailed information regarding the habits of the "infringers of the IP rights", I do not feel that sftp is secure enough. I must be able to conceal the filename and data as well.

    Any advise?

    PS. FreeNet will not do. I will not touch that Java abomination with a 3-foot pole. After I discovered that Mozilla's Java plug-in download doesn't work (=work in "install shield" fashion), I have given up any hope of getting something as complex as the FreeNet to work.

    1. Re:Encrypted ftp? by mniskin · · Score: 0

      ftp through an ssh tunnel?

    2. Re:Encrypted ftp? by Eric+Ass+Raymond · · Score: 1
      ftp through an ssh tunnel?

      As you could perhaps gather from my postscript, I'm not much of an expert in hacking Linux. However, if you could kindly direct me to a suitable web page, I might give it a serious try.

      It is important that there exists a Windows client that can access such an ftp site. I've got some experience with Linux, but my friends will never be able to hack it.

    3. Re:Encrypted ftp? by Anonymous Coward · · Score: 0

      WS_FTP PRO v7.6+ can use SSH.

    4. Re:Encrypted ftp? by mniskin · · Score: 1, Interesting

      Ah. Sorry about that. I don't know much about windows, but there are SSH servers/clients for it. There is a tutorial here: http://pigtail.net/LRP/printsrv/cygwin-sshd.html. Maybe someone knows of a way to do it without having to install cygwin...

    5. Re:Encrypted ftp? by Anonymous Coward · · Score: 0
      However, as far as I understand, sftp only encrypts the control data and leaves the file being transfered in the open.


      $ man sftp

      ...

      sftp is an interactive file transfer program, similar to ftp(1), which performs all operations over an encrypted ssh(1) transport.
  181. Re:Stop being a crybaby and pay for the damned mus by Catbeller · · Score: 5, Insightful

    You own the physical objects -- the negatives, the paper photographs themselves. You are granted the right, for a limited time, to grant licenses to copy those images.

    BUT -- you do not own the images. The images are not property. A copy of the image is not theft, for you do not own the image.

    IF someone steals your physical property, theft is committed. If someone copies the photos, it is a copyright violation, which is a civil offense which should carry no criminal penalties, only monetary ones as determinted by a court.

    I know it is common for artists and corporations to think that ideas or words or images are their property. But those things are not property.

    Copyright was instituted to insure that, for a limited time, creators of new art could receive money for their work, *in order to increase the body of art and knowledge for all*. The idea was not to create a new body of property. Copyright exists to reward effort, for a limited time, and then, *the ideas or art are released for the good of all*.

    The U.S. for most of its history refused to honor the copyrights of any other nation, much less consider such as property. Only in the 20th century did the idea of "intellectual property" arise. It is a new idea, a meme that could eventually retard science, medicine, art, politics, teaching, the list is endless.

    One of the first proponents of "IP" on the net was Scientology, who initiated the first IP lawsuits against netizens back in the early '90's. The cult wanted to stop ex-members from talking about what they had been told, what they had read, based on the idea that the cult "owned" all that information as a trade secret. They've been the major backer of the DMCA and the new copyright police state.

    You can't own patterns of information, which is what content actually is. But a new regime in the U.S. wants to create this new law, and they are getting away with it by selling the idea that they are protecting artists.

    They aren't. Artists have historically been robbed, in payments for books, TV, music, movies, you name it. Artists who want to view their work as property are actually selling their souls to immortal corporations which will actually own the works in perpetuity.

    Viewing artistic works as property will ruin the artists themselves. Keep copyright laws as they should be: don't give the major corportate powers the ability to acquire ownership of all the works of man -- for all eternity.

  182. musical ability by sacrilicious · · Score: 1
    The musical horizons of most of you would not extend beyond playing the banjo if it wasn't for the RIAA.

    You may not think you have any musical ability or inclination, but you're probably selling yourself short. And if you must, then don't sell the rest of the world short with you. We would all appreciate food without McDonalds, we would have commerce without Walmart, and we will have amazing music without the RIAA.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
    1. Re:musical ability by Loundry · · Score: 1

      You may not think you have any musical ability or inclination, but you're probably selling yourself short. And if you must, then don't sell the rest of the world short with you.

      If people like it they'll listen to it. Your opinion is irrelevant.

      We would all appreciate food without McDonalds, we would have commerce without Walmart, and we will have amazing music without the RIAA.

      As if we needed you here to tell us what we all would appreciate and could do without.

      --
      I don't make the rules. I just make fun of them.
  183. p2p users will loose by gobbligook · · Score: 1

    First regardless of a constitutional challenge, or any "court" victory, the law right now says, if you own a copy right and someone violates that copyright you are entitled to sue.

    Forget the moral arguements, as they are meaningless. Bottom line, you are a criminal.

  184. GNUnet NOW! by Dogun · · Score: 2, Informative

    I heavily reccomend moving to GNUnet or some similar service.
    Granted, I am now downloading GNUnet and have not used it before, but here is the big one that GNUnet offers:

    Deniability.

    Since on GNUnet it is unclear both who has the goods you're looking for and who originated the search, and transfers do not happen directly, just because there is data coming into your box does not mean that you are it's destination. Similarly, data coming out does not implicate you as the source.

    Lawyers nightmare, anyone?

    1. Re:GNUnet NOW! by _xeno_ · · Score: 1
      Since on GNUnet it is unclear both who has the goods you're looking for and who originated the search, and transfers do not happen directly, just because there is data coming into your box does not mean that you are it's destination. Similarly, data coming out does not implicate you as the source.

      Lawyers nightmare, anyone?

      Sounds more like a user's nightmare. IANAL, but based on what I've heard about copyright law, it's quite conceivably possible that by simply having the data "pass through" your system that you could be considered to be infringing.

      I think there are currently child pornography laws that say that you are guilty even if you did not know or could not know that your computer had child porn on it. (I've heard of someone whose roommate's computer was discovered to contain child porn, and last I heard, all computers in the house were confiscated, not just the roommates, and he never got his machines back.)

      This does not sound like a way to protect yourself, but a good way to make yourself a target even if you are using the system for entirely legitimate reasons. Since you make a copy of the data as it enters your computer and again when you send it on its way, I believe that you would be considered just as guilty of copyright infringement as the actual source and destination.

      Again, IANAL, so who knows? I'd be careful about assuming you'd be safe by using something like that, though. Consult a real lawyer first :)

      --
      You are in a maze of twisty little relative jumps, all alike.
    2. Re:GNUnet NOW! by Alsee · · Score: 1

      If you were right then the entire internet would be infringing. In general every internet packet passes through around a dozzen machines before it gets to you.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:GNUnet NOW! by _xeno_ · · Score: 1
      I think "common carrier" status applies to routers and the like (because they are machines strictly for the passing of packets). This prevents them from infringing on the network level. (Servers are more of a gray area.) However, an "end-user" computer is most likely not allowed "common carrier" status.

      The other possibility is that under the DMCA you must prevent an infringing work from entering and staying on your machine if you are informed that it has been noted to enter and leave your machine.

      Again, IANAL. But my understanding of law suggests that you'd probably be liable for works that pass through your machine, especially if the work is "decoded" and stored in a completed form. If individual pieces of a work were passing through your computer, you might be in better shape, since that's more like what routers do.

      I wonder if there's any case law about an ISP having a user use e-mail to distribute an infringing work. If there were, such a descision would likely apply to this scenario. However, it's still possible ISPs would be exempt but end users nonexempt due to common carrier status.

      --
      You are in a maze of twisty little relative jumps, all alike.
    4. Re:GNUnet NOW! by Alsee · · Score: 1

      ISP's don't have common carrier status.

      They probably should get it, but it's not a simple issue. It would fix a lot of the copyright crap going on relating to ISP's, but it would cause other problems because they would be forbidden from doing other things as well. It would be harder for them to fight things like spam and Denial Of Service attacks.

      Common carrier status is a double edged sword. Either ISP's are free to "interfere" allowing them to fix problems and they can be forced to comply with demands from people like the RIAA, or they are forbidden to interfere making them immune to RIAA threats and they can't fix problems.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  185. The Act in question by AndroidCat · · Score: 1
    Okay, so I actually did look (in case water did run uphill, you never know with government). I read the proper section of Private Copying.

    At first glance subsection 1 seems to allow it, but don't stop there. Let's look at subsection 2 which has the Thou Shalt Nots:

    (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

    (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

    (b) distributing, whether or not for the purpose of trade;

    (c) communicating to the public by telecommunication; or

    (d) performing, or causing to be performed, in public.

    (a) doesn't apply in this case unless you charge for it.
    (b) might get sticky. You're not passing around copies, but distributing is definitely the purpose of passing the original around. A court might rule that passing the original around is moot. Might not. Until there's a solid case where both sides have the money to fight it out and establish case law, I wouldn't want to bet against the recording industry.
    (c) probably nails p2p copyright violations.
    (d) can we nail the people with Disaster Area class car stereos with this one? :^)

    I think the people who trust that this allows endless copying also trust the magic phrase "Are you a cop?" too.

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:The Act in question by Anonymous+DWord · · Score: 1

      Okay, so I actually did look (in case water did run uphill, you never know with government).

      Well, they're looking into decriminalizing marijuana too, so... :-)

      I think the people who trust that this allows endless copying also trust the magic phrase "Are you a cop?" too.

      Yes, and I'm not one of them. I think it's fairly clear (as far as these acts usually read, anyway) what's allowed or not. 80(1) allows private copying, 80(2) says don't spread it around. 82 is the part that bugs everyone, since it's a tax (oh, sorry, a levy) on ALL recordable media, which goes exclusively to the Canadian music industry. Every time you burn Red Hat, Celine Dion gets a cut. If you copy Madonna's latest, Bryan Adams takes a little chunk.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
  186. Exactly by Knightmare+1 · · Score: 1

    I don't want to pay for music, but I would gladly pay for products like CDs (if they weren't so overpriced), t-shirts, concerts, etc from a band I like.

  187. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 1

    Your making a distinction without a difference. Ownership is about control. You own something when you control it...when you get to decide what does and does not happen to it. It doesn't matter whether that thing is an image or a hockeystick, if you control it, you own it.

    I don't care about the photo paper, and I don't care about the ink, and I don't care about the CD I burned with the original image file on it. I care about the work of art I spent several hours creating with my $20,000 worth of photo and lighting equipment and $10,000 worth of computing equipment, and my 15 years of experience, training, and knowledge, and my God-given talent. Now you're going to tell me that after all that...I don't own it? It's nothing more than an ink pattern on a piece of Fuji paper? Sorry, that dog won't hunt. That's my image, that's my art, that's a piece of myself that no one else on earth could create. What I do with it is my own business. Sometimes I sell it. Sometimes I give it away. Sometimes I delete it. But I get to decide...not you.

    I have no problem with my works entering the public domain after a reasonable period. Anything I don't sell after about a year I'm not going to sell anyway.

    --
    We don't have a state-run media we have a media-run state.
  188. Some great, free songs..... by torok · · Score: 1

    If you want free, great songs.... 3 pretty girls in Vancouver BC have got some great songs on their albums at mp3.com http://artists.mp3s.com/artists/97/4play.html

  189. privacy by Anonymous Coward · · Score: 0

    whatever happened to the privacy that all these people are threoing around concerning sodomy in Texas case? i thought they are now saying we have a right to privacy? how can the ISP's br forced to give out our names, when I want my right to privacy???

    1. Re:privacy by goatsecxlolol · · Score: 1

      The right to privacy doesn't exist in our constitution (though I think we should petition our congressmen to shove one in) - despire what the supreme court may think.

      If we really had a right to privacy, that would spell an end to drug busts, among other things, which would not be well accepted by the drug war crowd.

      I'd love for the supreme court to apply the non-existant right on drug busts, but its not going to happen.

  190. Any good private P2P software? by Anonymous Coward · · Score: 0

    So, let's say that I want to trade legally owned files with a few friends. WHat are my options? Is there a "private" version of Kazaa, Napster, whatever, that requires authentication, is encrypted, etc?

    Anything out there? Most of my friends are running Windows.

    1. Re:Any good private P2P software? by Rysc · · Score: 1

      Try DirectConnect (DC++ or DCGUI for client, and one of the many FOSS servers). Require a password from all users and run your own hub.

      --
      I want my Cowboyneal
    2. Re:Any good private P2P software? by SweetAndSourJesus · · Score: 1

      KDX works well for me.

      --

      --
      the strongest word is still the word "free"
  191. I guess its time to go back to 'trusted' sharing by nurb432 · · Score: 2

    LIke the old days, only share with people you know.

    Too bad the RIAA lost my business due to this crap. If i cant sample something, im not going to fork out 20 bucks 'just to see'. I have purcahsed over 500 CD's, and even more vinyl recordings over the years. And many beacuse i was able to hear them in their entirety FIRST.

    Screw them. No more $ from me. That ends today.

    Oh, and before you say im stealing, first look up the true definition, and also note i send cash direct to artists of stuff i keep... the ones who CREATED the stuff in the first place.

    Every buck i send them is more then they got from the industry...

    --
    ---- Booth was a patriot ----
  192. Own CD download MP3 by Anonymous Coward · · Score: 0

    As a responce to the question of why someone with a cd would download mp3's I can give you a very good argument. the popular p2p stuff has been around a much shorter time than the cd format itself. I personally own many cd's that since 1993 have aquired scratches and other problems that make certain tracks or whole cds unplayable... Now I still own those cd's - Do I not? and I have real reason for wanting to get a useable copy of those tracks back now that there is a way without rebuying the same cd. Surely this should be somehow legal, and free... or wait this is America, if something is slightly damaged toss it out and buy it again new...

  193. RIAA's right to sue? by ccnull · · Score: 1

    In all of the cases brought by the RIAA, has anyone ever challenged the RIAA's right to sue or questioned their cause of action? After all, the RIAA is a third party that does not actually own any copyrights (to my knowledge) -- so what exactly is their claim for damages based on? Wouldn't the actual copyright holder need to file suit? Maybe someone more familiar with the inner workings of the organization could clue us in. Since the RIAA has won a number of cases, I presume they do have a leg to stand on somewhere...

    Anyway, I recalled this thread about the BSA and how it has been repeatedly ignored, often without consequence. Of course, the BSA doesn't usually SUE... it "AUDITS". But fundamentally, what is the difference between the 2 groups???

    1. Re:RIAA's right to sue? by forkboy · · Score: 1

      The RIAA respresents the recording studios which DO own the copyrights. Unlike novels, music is considered "work for hire" and the company owns all rights to anything created by the artist while under contract.

      Pretty weak huh? Boycott all RIAA affiliated labels and their products. The artists will go elsewhere to make their music.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    2. Re:RIAA's right to sue? by ccnull · · Score: 1

      Yeah, but what does "represent" mean here? The RIAA are not attorneys. What legal right does the RIAA have to sue on the recording studios' behalfs?

    3. Re:RIAA's right to sue? by forkboy · · Score: 1

      The RIAA is a non-profit (heh) organization that represents the interests of the major recording labels. Basically, it's a single point of attack for anything the major labels need to get done, which includes lobbying and suing mostly.

      The people running the RIAA are paid to protect the interests of the oligopoly of the music industry.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    4. Re:RIAA's right to sue? by ccnull · · Score: 1

      This strikes me as an extremely clever and sneaky way for the record labels to slough off some of the public heat against them for filing these lawsuits. Blame the RIAA for suing, not Universal! But really the RIAA are just shills for the labels... still I wonder how the contractual arrangements work between the organization and the labels themselves... can, say, Warner Bros. also sue file sharers along with the RIAA? What happens to money the RIAA wins? Do they give it back to WB?

      I've gotta stop thinking about this. It's giving me a headache.

    5. Re:RIAA's right to sue? by forkboy · · Score: 1

      I'm not sure of the exact logistics of any lawsuit outcome...I would imagine it either gets divided amongst the affiliated labels or it gets stored in the RIAA coffers for political bribe money.

      Either way, it's terribly unethical and corrupt. Don't buy CDs anymore if you can help it..at least not from RIAA affiliated labels. Here is a list of all labels and partners associated with the RIAA. It includes not only the big guys but the myriad of little ones that pay homage to their evil masters.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
  194. Right to listen by nurb432 · · Score: 2, Informative

    Need to check your 'rights'. When you purchase a album/cd/etc you get a license to listen to that particular music, regardess of 'source'.

    Therefore you can download replacement versions as you please ( of the same song ). Until they license and then warrant the 'hard' product, that will hold true.

    You are not really commiting any copyright violations.. ( though be prepared to present the alternate media if they come knocking on your door )

    Oh, techically vinyl is the higher quality sound, the CD is lower quality but more convienent. Its why its called "sampling' its NOT the same as the orginal. ( though if they used crappy digital recording in the studio.. well .. then its a wash )

    --
    ---- Booth was a patriot ----
    1. Re:Right to listen by crankyspice · · Score: 1

      Need to check your 'rights'. When you purchase a album/cd/etc you get a license to listen to that particular music, regardess of 'source'.



      Care to cite caselaw or statutory support for that notion? Note UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000), a case with analogous facts, where this notion of "you get a license to listen to that particular music, regardless of 'source'" wasn't even raised by the defendants. Defendants who, I'll point out, pulled out all the stops and raised every defense imaginable, no matter how implausible, including an estoppel theory argument!


      \
      --
      geek. lawyer.
  195. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    Yeah, thats all nice and well. The problem is that most artists does not think like you*. The feel that it is fair that they own their art for years and years - and even when they die, it fair that someone else makes an easy living owning their art. Eksamples? Beatles songs, Sinatra ect. ect. ect.

    * (personally I think that most of them think what their labels and such tells them to think. Just listen to them bitching about lost revenue using the excact wording of the RIAA. This is however beside the point)

    C

  196. Why isn't the RIAA considered a trust? by gad_zuki! · · Score: 1

    Can someone please tell me why the RIAA isn't considered an anti-competitive trust. Is it because the RIAA is an organization and not a company in itself?

    Aguably, if all these labels weren't acting in concert, fixing/deciding on pricing, etc a few would break off the the RIAA "party line" and take a risk on MP3s well before the Apple iTunes store opened. I'm starting to think that all the problems the RIAA has can be traced back to the fact that in many ways it acts like a monopoly and tries to immunize itself from normal and healthy market forces.

    I also don't see why my tax dollars should be subsidizing this monopoly and its aging non-encrypted CD format. All they have to do is release everything on some strong DRM and casual MP3 trading will more or less cease to exist. Make all the DRM players have no easy way to line-out to analog and watch the casual "mp3 rippers" fade away. Not only that but no more CD to CD copies. Everyone can register their DRM CDs online just like they do software.

    That's how you control your product, not through mass lawsuits.

    1. Re:Why isn't the RIAA considered a trust? by c00lant · · Score: 0

      ...and then, what? I'll have to buy new devices to play an already overpriced CD??? My car doesn't agree with that, my CD player doesn't agree with that, and I don't either.

      They [the RIAA's price fixing center] could try lowering the price of a CD from 20 dollars (almost the same price they were in the 80s) to around 13 or less, then you'd see people owning albums over MP3 because the quality would exceed most mp3s and the price. Currently we pay more for less with many albums. I don't buy into all that crappy mainstream stuff but a lot of stupid manufacutured label bands will have 10-13 songs on a CD and charge $21.99 and yet, there will be another with 20 songs, 21.99, wtf is that?

      Buy independant bands and boycott all members of the RIAA, the artist's under the labels that belong to this organization are at their own fault. They sold their music out to a faceless company, let them suffer for it, not me.

    2. Re:Why isn't the RIAA considered a trust? by gad_zuki! · · Score: 1

      >Buy independant bands and boycott all members of the RIAA, the artist's under the labels that belong to this organization are at their own fault. They sold their music out to a faceless company, let them suffer for it, not me.

      I completely agree, but lowering the price of CDs to one dollar will not help when MP3s are still zero cents.

      Look at it this way, a responsible company fights piracy by solving its own problems. DRM is ugly and may hurt sales for a while, but its sure beats the alternative of using my tax dollars to subsidize their failing business practice through mass lawsuits.

      >and then, what? I'll have to buy new devices to play an already overpriced CD??? My car doesn't agree with that, my CD player doesn't agree with that, and I don't eithe

      Too bad. If you want Britney Spears than you should pay the price her handlers want from you. That's the price of the music and the promise not to copy illegally. DRM satisfies both. Of course, the RIAA can give up on its massive crackdowns of P2P users instead, but its their choice. What shouldn't be their choice is blatant barratry and mass lawsuits.

    3. Re:Why isn't the RIAA considered a trust? by BrynM · · Score: 2, Interesting
      The RIAA isn't a corporate body per se. Thay are an association. They are a club that charges dues and provides the members with some kind of benefit which usually involves lobbying on the behalf of their members common interests and/or need. They are probably even a non-profit (not a charitable non-profit though).

      The Members of the RIAA (lables) are the for-profit companies. The members are who really own the copyrights, IP and Artists.

      Suing the RIAA for anti-trust would be like suing NORML for being the only real marijuana activist group or suing the American Medical Association (AMA) for being the primary association for doctors.

      Professional and Trade Associations have become an intregal and pervasive part of our political landscape. It's a shame that most people don't even realize that they exist. Assocaitions are so pervasive that there's even a California Christmas Tree Association.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    4. Re:Why isn't the RIAA considered a trust? by macdaddy357 · · Score: 1

      The RIAA isn't considered a trust because they bribe the authorities into not calling them one.

      --
      How ya like dat?
    5. Re:Why isn't the RIAA considered a trust? by executioner · · Score: 1
      I also don't see why my tax dollars should be subsidizing this monopoly and its aging non-encrypted CD format. All they have to do is release everything on some strong DRM and casual MP3 trading will more or less cease to exist. Make all the DRM players have no easy way to line-out to analog and watch the casual "mp3 rippers" fade away. Not only that but no more CD to CD copies. Everyone can register their DRM CDs online just like they do software.

      I would have no problems with this if implementing it didn't mean I had to subsidize there pockets by buying all new equipment to play these DRM'd disks and there was an easy way to rip the music I have bought and paid for to make a compilation disk ( WHICH I HAVE THE RIGHT TO DO WITH MY PURCHASED MUSIC ) if implementing a DRM plan means that my rights are taken away (which RIAA wants to do) I will no longer purchase the music PERIOD. Every one has had the right to create compilation tapes/CD/ the RIAA and its associate companys should adapt there business model instead of fighting each and every new technology that comes along and eventully losing and deciding that the tech will make them more money and embrace it. ( personally i don't think they are going to lose this time they are throwing to much money around washington and have to many senators in there collective pockets. ) /end rant

      --
      "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."
  197. Re:Stop being a crybaby and pay for the damned mus by York+the+Mysterious · · Score: 1

    He does in a way own rights even to the copy. Technically when you sell an artwork you have to pay a percentage on the profit of the sale. I'd call that a pretty hefty licensing program. Even the RIAA doesn't require you to mail them a check when you sell your CDs to a record store. I'm sure if they thought people would do it they would be all for it though.

    --

    Tim Smith - Ramblings from Nerd Land
  198. Re:Stop being a crybaby and pay for the damned mus by jshare · · Score: 1
    You know, this is basically a vi-vs.-emacs kind of thing.

    Some people think it's obvious, that they own the bit-patterns that they create, just as some people think it's obvious that two people of the same gender can't get married. ("Marriage is between a man and a woman, period!").

    The question isn't so much whether people do or do not own the bit-patterns, it's whether people should or should not own them. That is, do we want our society to contain that concept? Sure, if we changed, some people/businesses would no longer have a way of generating income. But I think they are inherently doomed anyway, and the draconian laws that we'd have to enact (and are, come to think of it) to protect those people/businesses are a far worse price to pay, societally speaking.

  199. Interesting how the vast majority of Kazaa users.. by godivx · · Score: 1

    are still online trading. Are they undaunted, insane or looking for a fight? Can the RIAA sue non-Americans? What are they gonna due? Extradite Brits for file-sharing? We know there's promise in the potential of legal P2P distribution. Look for our ongoing series of video shorts featuring Hawaiian Tropic models on Kazaa/Altnet (Keyword: Girls of Hawaiian Tropic) And we're not alone. I would hate to see the RIAA screw it up for "legitimate" distributors, too. SoSoHot.com

  200. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    Record company execs don't work on weekends so you must be posting from your computer at home.

  201. does an idiot falling in the forest make a sound? by bersl2 · · Score: 1

    OK, so let me get this straight. Somebody like my sister, who is 14, doesn't know a thing about copyrights, and is otherwise the RIAA posterchild, is liable to get my family sued, because she and her friends use KaZaa to share boy bands (that sounds dirty, doesn't it?), oldies, and rap?

    <sarcasm>
    No, really...
    </sarcasm>

    Probably if I told her what she was doing was illegal, she wouldn't care.

  202. Fuck it all. I'm gonna go read a good book. by trudyscousin · · Score: 1

    I was in the Navy in my early twenties, and I had a work center supervisor who loved getting reactions out of people. Generally speaking, he was...odd. But in retrospect, some of the things he said then now seem eerily prescient.

    In those days, I lived for rock 'n' roll. With my Sony TCD-5M almost always at my side (this was before there was any such thing as a Walkman), I was the running joke of the division. There was no factoid from the Rolling Stone Record Guide I couldn't recite.

    When I made it for the first time to the exchanges in the Philippines (this was a long time ago), I loaded up on new audio gear, and set it up in one of our workspaces to play with it. That same afternoon, my supervisor showed up. He basically ignored the new gear strewn all over the workbench, but lingered over the attache case containing my cassettes. He simply turned to me and said, "Someday you won't care about any of this," and walked out.

    I wish I knew where he is today so I could tell him he was right. It didn't happen overnight, of course. It's taken perhaps the past ten years for it to happen. The consolidation and subsequent homogenization of commercial radio, the ever-rising costs of CDs, and the antics of the RIAA, have worn me down. And just when I thought the RIAA whores couldn't do anything shittier, couldn't do anything more petty and just goddamed lousy, it surprises me with these latest tactics.

    So as I said in the subject line: Fuck it. I never have finished reading A Tale of Two Cities. I think I will now. Not only that, but the work is in the public domain.

    --
    Those who can, do. Those who can't, write technology blogs.
  203. Here's another one. by DesScorp · · Score: 4, Insightful

    "These are your options. Pick one"

    Here's another one. Don't break the law. The courts don't give a damn what you think about music or the RIAA. You can think music should be free all you want. That isn't going to change the fact that someone else has the copyright to it, not you. And despite the wailing and gnashing of teeth here, last time I checked, there was no right to copyright infringement of any kind. Just because it's cheap, and easy, and it's music doesn't get you an exemption in the eyes of the law. And don't scream fair use at me either. Distributing a song to 100,000 of your closest friends on KaZaa isn't fair use.

    Oh, and I seem to recall most of Slashdot's posters saying "Go after the infringers, not the technology!"

    Well, looks like they called the bluff. Now that they're actualy suing individuals, the tune around here seems to have changed.

    --
    Life is hard, and the world is cruel
    1. Re:Here's another one. by GreyWolf3000 · · Score: 1
      If I steal as few as eight songs, how much should I be sued for? Let's assume a situation where there are eight songs from three artists, and four of the songs are on the same album (people like to download from similar artists). Hence, we have four albums sales we 'stole' from the RIAA. At 15$ a CD, that's 60$ in damages.

      Methinks they're just saber rattling.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    2. Re:Here's another one. by AftanGustur · · Score: 3, Interesting


      Here's another one. Don't break the law.

      RIAA is after money, and whatever you are doing will become illegal unless you do something about it..

      Sad but true ..

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    3. Re:Here's another one. by nyseal · · Score: 1

      So, would be distributing the cure to cancer over Kazzaa be a felonious offense? Copyright or not....I still would like to have the information. prick

      --
      [SIG] Remember Mattel handheld games?
    4. Re:Here's another one. by flyneye · · Score: 2, Insightful

      DOPE!
      Congress broke the law by extending copyrights.
      RIAA broke the law by bribing congressmen.
      Our only recourse is to IGNORE UNJUST LAWS!
      If you dont believe it is our duty to rebel then
      perhaps you should move to a socialist country comrade.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    5. Re:Here's another one. by Anonymous Coward · · Score: 0

      Remember how the US gov solved the problem of alcohol smuggling? We might be in the brink of a new little revolution because they can't possibly put all 10 million of us 'pirates' in jail.

    6. Re:Here's another one. by Anonymous Coward · · Score: 0

      I doubt buying CDs in a music store will become illegal any time soon, no matter how much money RIAA wants.

    7. Re:Here's another one. by Pray_4_Mojo · · Score: 1

      Here's another one. Don't break the law. The courts don't give a damn what you think about music or the RIAA. You can think music should be free all you want. That isn't going to change the fact that someone else has the copyright to it, not you. And despite the wailing and gnashing of teeth here, last time I checked, there was no right to copyright infringement of any kind.
      Just because it's cheap, and easy, and it's music doesn't get you an exemption in the eyes of the law. And don't scream fair use at me either. Distributing a song to 100,000 of your closest friends on KaZaa isn't fair use.


      Actually, distribution of that kind is legal. Ever been to an online rom site? "If you do not own an original ROM of this game, do not download it." or the ever classic "These ROMs are available for evaluation purposes only, if you decide not to buy the game, you must delete the ROM in 24 hours."

      If that's legal, why can a click-thru license on Kazaa simply state that everyone agrees to something like that? That they already own a license to the content or the files will be deleted. A lot of ROM sites stay up and running -- they're not shut down all the time like file-swappers would be.

      And the poor guy sharing "as many" (and not "as few") as 8 songs online could simply show up in court with a (legally purchased) CD containing the tracks he downloaded. Hell, he could even claim he was forced to download the MP3s because the CD he bought contained copy-protected files which he could not rip with his own technical ability.

      With all hope, some sort of loophole will prevent them from getting many settlements, while the cost of all the legal fees will really make them take a hit.

      It's like they say: You can't legislate profitability.

    8. Re:Here's another one. by AftanGustur · · Score: 1


      I doubt buying CDs in a music store will become illegal any time soon, no matter how much money RIAA wants.

      No, but *listening* to it will become a crime unless you have paid extra fees to RIAA in the form of a RIAA DRM enabled system.

      And soon, RFID chips will be embedded in all DCs and they will only work in the *first* player they are inserted into (or first 2) (The disk will store the ID of the player, an the player will query every CD inserted)..

      Then .... The list goes on ... When new technology appears, you will have to pay for the things you do today...

      It doesn't matter if you belive it or not.

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    9. Re:Here's another one. by geekee · · Score: 1

      "If I steal as few as eight songs, how much should I be sued for? Let's assume a situation where there are eight songs from three artists, and four of the songs are on the same album (people like to download from similar artists). Hence, we have four albums sales we 'stole' from the RIAA. At 15$ a CD, that's 60$ in damages."

      They are going after those who make files available for download. If you make 8 files available for download, hundreds of copies could be made, so the damages will probably be a lot greater than $60.

      --
      Vote for Pedro
    10. Re:Here's another one. by AndyChrist · · Score: 1
      "Actually, distribution of that kind is legal. Ever been to an online rom site? "If you do not own an original ROM of this game, do not download it." or the ever classic "These ROMs are available for evaluation purposes only, if you decide not to buy the game, you must delete the ROM in 24 hours."

      If that's legal, why can a click-thru license on Kazaa simply state that everyone agrees to something like that? "




      It's not legal. ROM sites get shut down all the time.

    11. Re:Here's another one. by leviramsey · · Score: 1

      And this action is not going after the Kazaa network in any way shape or form. It's going after those who have been accused of violating the law. The cure for cancer is still distributable over Kazaa.

      Idiot.

    12. Re:Here's another one. by whereiswaldo · · Score: 1

      Does it really matter? There are other forms of entertainment not under the control of the RIAA/MPAA. With enough pressure against them and education, more people will choose those other forms of entertainment.

      The thing about MP3s is that everybody has them, even Joe six pack. You don't want to piss off Joe six pack if you want to make money.

    13. Re:Here's another one. by nyseal · · Score: 1

      Not if it's copyrighted. You STILL miss the big picture...the medium to which the information is transmitted is not in question...the information itself is. I never made a claim that Kazaa was responsible; I merely mentioned it as an information transfer mechanism. If I obtain copyrighted data (like buying a book), this proposal states that if I make it publicly accessible to ANYONE; I'm a felon. A felon or distributing information? C'mon, be real. You're right about one thing, though; I'M the idiot. I was foolish enough to believe that there are people out there who could make the distinction. Maybe that's why we have all the problems we have now is because people can't. What a shame. Idiot.

      --
      [SIG] Remember Mattel handheld games?
    14. Re:Here's another one. by ctucker · · Score: 1

      Here's another one. Don't break the law. The courts don't give a damn what you think about music or the RIAA.

      Fuck the law. The law is wrong. As a free American I am under no obligation to obey a purchased law.

      --

      --
      My other computer is your IIS server.
    15. Re:Here's another one. by Anonymous Coward · · Score: 0

      Sometimes I wonder about the legality of the music I obtained back in the Napster days.

      Is it legal for me to continue to store and play this music, since Napster basically paid the record companies for it (through lawsuit(s))?

  204. Re:Stop being a crybaby and pay for the damned mus by drx · · Score: 1
    vive la resistance digital
    la resistance numerique!
  205. Take it in the ass like a good little consumer by Anonymous Coward · · Score: 0

    Great advice! Let's buy crippled, defective
    CDs that don't work in many high end stereos and
    computers. Let's shell out $15+ for one or two
    good songs, and filler. Let's continue to fund
    the RIAA so they can buy laws to force DRM into
    computers and other products. That's the
    AmeriKKKan way!

  206. If the RIAA messes with Google's archives..... by Anonymous Coward · · Score: 0

    It will be total war

    1. Re:If the RIAA messes with Google's archives..... by AndroidCat · · Score: 1
      It would be strange too. Does Google even carry/archive the binaries newsgroups?

      $cientology and SearchKing didn't have much luck, so watching the RIAA and every artist they claim to represent drop to the bottom of the pigeon ranking would be fun.

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:If the RIAA messes with Google's archives..... by Anonymous Coward · · Score: 0

      Wasn't the same said about the RIAA coming after individual users? I recall everyone saying "it'll never happen", "they'll be counter-sued into oblivion" and the like.

      At this point, I wouldn't bet against them suing anything/anyone and getting away with it.

    3. Re:If the RIAA messes with Google's archives..... by Chessucat · · Score: 0

      Does the RIAA know about Gopher+? People need to use gopher! Gopher is not dead!

      --
      "I'm a dirty white tomcat, enter my world..."
    4. Re:If the RIAA messes with Google's archives..... by Anonymous Coward · · Score: 0

      >Does Google even carry/archive the binaries newsgroups?

      No.

      The original DejaNews dataset contained the text contents of binary postings, and then a "[binary data removed]" tag. Google groups doesn't even carry the alt.binaries hierarchy.

  207. George Mason's Virginia Declaration of Rights by PudriK · · Score: 1

    Since you couldn't be bothered to include it yourself:

    XIII
    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
    From this link.
  208. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 5, Insightful

    Oh, I fully agree. I'm very upset with the state of copyrights. I mean, what is it now, like 70 years after the life of the original author? Essentially, nothing recorded in the 20th century will ever see the light of day again.

    Like I said, I'm a photographer. I do a lot of weddings, and one of the services I like to offer my brides is to put their wedding photos in a slideshow on a DVD, set to music. Makes it really easy to show all their friends and family their photos, because you can just drop the disc in the player, and show it to everybody on the big screen.

    Well, at first I thought I would like to put big-name songs on the DVD to go along with their photos. So I call up ASCAP, who manages the copyrights for just about every artist out there, and asked how much it would be to sync some big-name songs to my photos. I wanted to make about three copies of the DVD (one for the couple, and one for each set of parents). Try $50/song. Right...I'm only charging like $300 for the service as it is, and it takes a couple hours to set up one of these DVDs.

    Wouldn't it be great if copyrights were still 17 years? Then I would access to everything produced before 1985. That would be an enormous library of music in the public domain to choose from. Now, though, thanks to Disney, I can't get my hands on anything after like 1920. The real crime is that most anything that old isn't making money anymore these days anyway. They've locked out all the music from the 30s, the 40s, the 50s...even though probably less than 2% of music from those eras is still making any money these days.

    Disney got rich off the public domain in the first place. Snow White was a Brothers Grimm tale, wasn't it? Cinderella was a Chinese fairy tale (with magic fish instead of a fairy god mother). Tarzan? Public domain. The Hunchback of Notre Dame? I doubt they paid Victor Hugo anything. Little Mermaid? Thanks Hans! Disney raided the public domain gold mine of the 19th century, but they'll be damned if you can do the same for their creations of the 20th.

    Sorry for the rant...just pisses me off that I have to use crappy public domain music, or compose it myself...which actually isn't that bad with Apple's Soundtrack that comes with Final Cut Pro 4.

    --
    We don't have a state-run media we have a media-run state.
  209. Good Job RIAA by Anonymous Coward · · Score: 0

    I'd like to thank the RIAA for making those 60 million users of Kazaa aware of something called "Trusted sharing" which is what a LOT of people did back in the 80's and early 90's with BBS's.

    You make people aware of Encrypted FTP servers, IRC DCC filesending, and even more trusted methods often using encryption to avoid the RIAA's hitler like methods. HI HITLER (or HI RIAA!). Obey the Fuhrer of RIAA!

  210. slander, I say, slander! by Fred+Ferrigno · · Score: 1

    IIRC for libel/slander you have to show a negative effect on your reputation or that the accusation cost you business or other quantifiable damage. Also, I think there's some provision that the person making the claim has to know it's false. Frankly, if they let you sue for that, then everyone who has ever been acquitted of a crime would have a suit; that's why the news always refers to "the accused" and "the defendant" as opposed to "the criminal".

    On a side note, who decided that we need separate words for oral and printed false accusations that damage a person's reputation? Is it really all that important to know that someone wrote the claim rather than speaking it? What if they said it, then wrote it down? What if they were reading from a prepared statement? What if they said it and somebody else wrote it down? What if they were saying the words aloud as they wrote? Does it matter? NO! Stupid English.

    Interestingly enough, though every definition for libel mentions that it involves written communication, slander apparently can be used to refer to both if you don't want to use the legal definition. I have made my decision. From now on, no more libeling! Here's to slandering!

    1. Re:slander, I say, slander! by rmohr02 · · Score: 1
      IIRC for libel/slander you have to show a negative effect on your reputation or that the accusation cost you business or other quantifiable damage.
      Well, even if you can't sue for that, you can generally counter sue for something. Since it's the RIAA, try price-fixing.
  211. Re:NOTE TO RIAA I no longer buy cd's by Anonymous Coward · · Score: 0

    I quite buying cd's when napster was shut down and I could no longer preview songs. Most of the crap being released today, I don't care for anyway, so I just stick with the 50/60/70/80's and a few 90's cd's that I had and have made into mp3's

  212. And so they helped the RIAA convince congress... by Anonymous Coward · · Score: 0

    The problem with never giving them money again, i'm sorry to say, is that they can't distinguish between boycotts and piracy. When their lobbyists go to congress they can happily point at their decreasing revenues and blame piracy. The fact that the economy is crap and many are boycotting them is outside their box.

    The real answer to this mess hasn't been proposed yet, and the only final solution, as one poster has already put, is time and technology. This issue is not getting the coverage it deserves in the news media, paving the way for RIAA lobbyists to continue to convince these technophobic congressmen that it is right, easy, and natural to cause one's computer to spontaneously combust.

    Although now that i think about it, it sort of makes sense that they're not covering it...abc is owned by disney, which wanted steamboat willie protected...those bastards..

  213. Bad "Conspiracy" Feeling about this by bluesangria · · Score: 4, Interesting
    From the article:

    There were no subpoenas on file sent to AOL Time Warner Inc., the nation's largest Internet provider and also parent company of Warner Music Group. Earthlink Inc., another of the largest Internet providers, said it has received only three new subpoenas.

    Doesn't it strike anyone else as *amazing* that the LARGEST Internet Service Provider in the nation does not have ANY subscribers being sued?????
    HOW are they deciding which filesharers to sue? Surely there must be several thousand AOL'ers sharing mp3 files. Are they overlooked because they share through IM or what???

    My paranoia is telling me the RIAA is being used an an underhanded strongarm technique to consolidate ISP's. Chase away one ISP's customers by suing them, and likely they will change ISP's as well.....

    *mumbles* gotta stop watching too much TV....

    blue

    1. Re:Bad "Conspiracy" Feeling about this by xQuarkDS9x · · Score: 1

      No - I think you are right. But then don't forget AOL is one of the biggest ISP's around, so they have billions to throw at the main people who work at RIAA. IE it's called "bribing them off" so they won't go after AOL.

      Could you imagine the press it would get if the RIAA suddenly filed a few thousand subpoenas against AOL users? They'd all be crying at AOL. :D

      Clearly RIAA is going after Verizon and smaller ISP's, not to mention Universities and Colleges who don't have billions or even tens of millions to bribe the RIAA off their back.

      Ah well, I guess it'll force people back to the trusted (more private) sharing methods like it used to be several years ago.

      --
      You must master your joystick like a fisherman masters bait! - Gimpy
    2. Re:Bad "Conspiracy" Feeling about this by Anonymous Coward · · Score: 0

      Perhaps AOL/Time Warner is merely releasing the information upon request by RIAA.

      In that event, there'd be no reason to subpoena anything at all.

      On the other hand, if your theory is correct, then I will count myself as fortunate (for once) for getting Roadrunner service from AOL/TW.

    3. Re:Bad "Conspiracy" Feeling about this by Lord_Dweomer · · Score: 1
      I can see AOL's new tagline on all their commercials now:

      "New AOL Version 10.0, sign up now and NEVER get sued by the RIAA!!!

      --
      Buy Steampunk Clothing Online!
    4. Re:Bad "Conspiracy" Feeling about this by Lost+Race · · Score: 1
      Perhaps AOL/Time Warner is merely releasing the information upon request by RIAA.
      This is most likely correct. AOL is a member of the RIAA, thus they would voluntarily cooperate, or even just go after the suspects themselves.
      I will count myself as fortunate (for once) for getting Roadrunner service from AOL/TW.
      You are not safe! Your ISP is safe from getting a subpoena, but the RIAA (or maybe just AOL) can and probably will still sue you for infringement if your "lucky" number comes up.
    5. Re:Bad "Conspiracy" Feeling about this by Anonymous Coward · · Score: 0

      Perhaps theres no conspiracy involved, or at least not what you're thinking.

      Could be that AOL, having an affiliation with an RIAA memeber (Warner MG) has already voluntarily surrendered their logs to the RIAA. You only need to subpoena what information you can't obtain through other means. So its possible the RIAA already has all the information it needs about AOL users.

      If this is the case, perhaps AOL is being left as a control group to provide statistics on the effect the RIAA's actions are having. Your control group is only useful as long as you need data; so it would be a question of when they are going to act, not why they aren't. This could even be a strategy to generate a false sense of security among file-sharing AOL clients to gather further data; how's that for paranoid?

      It makes sense to go after the smaller ISPs first, for the following reasons:
      1 - Less ability to mount a legal challenge.

      2 - A smaller client base is cheaper and easier to analyze, and any anomalies would be more obvious. Besides, if packets going both ways are logged then they can probably obtain enough data to go after the subscribers of large ISPs anyway.

      3 - P2P does require a certain amount of savvy (all right, not that much); perhaps in the RIAA's view clued-in folk are more likely to eschew the larger ISPs with comprehensive customer support for cheaper, but less well supported ISPs.

      The other side of the situation for smaller ISPs is that, based on the idea "10% of users use 90% of bandwidth" (previous /. story, can't remember or be bothered searching for which one), eliminating file sharing would actually bring down costs for other users, making small ISPs more attractively priced. If the ballpark figure above is even remotely accurate (and is mostly illegal file sharing), that still leaves 90%+ of the user base completely unaffected. So unless small ISPs are specifically in the business of catering for pirates (which may be the RIAA's thinking, who knows?), I don't think this will harm them too much, if at all; it may even be beneficial to them.

      Its amazing how often the combination of greed and stupidity can look like a conspiracy. Remember this, and save your paranoia for when you need it.

  214. The kind of music RIAA goes after by xQuarkDS9x · · Score: 0, Troll

    I thought this was rather funny when I came across this in the article

    "Many of the subpoenas reviewed by the AP identified songs from the same few artists, including Avril Lavigne, Snoop Dogg and Michael Jackson."

    Whats sad is there is still people downloading and listening to music from those 3 idiots? Especially MJ who has a thing for little boys and having dozens upon dozens of face surgeries and acid baths to make himself look white.

    Heck I am suprised they didn't include Britney and Madonna in that list.

    --
    You must master your joystick like a fisherman masters bait! - Gimpy
    1. Re:The kind of music RIAA goes after by interstellar_donkey · · Score: 1

      Whats sad is there is still people downloading and listening to music from those 3 idiots? Especially MJ who has a thing for little boys and having dozens upon dozens of face surgeries and acid baths to make himself look white.


      Well duh! If people start trading Michael Jackson mp3s, they might be able to say 'hey, despite being a freak, some of his music isn't that bad!'

      Being able to seperate talent from image would spell death for the record companies, who spend more time and money on promoting the persona of an artist above their actual work.

      I'm not saying Jackson is a good artist (though I do enjoy some of his older stuff from time to time), but come on. I can see no logical reasoning for the RIAA's assult against file swappers other then to quell any sort of ability amoung the masses to objectivly evaulate music on its own merits instead of the manufactured images of those creating it.

      --
      The Internet is generally stupid
    2. Re:The kind of music RIAA goes after by Anonymous Coward · · Score: 0

      Dolt, MJ's Thriller is still one of the best albums ever made...

  215. Re:Mega Corporations and their dying business mode by RickHunter · · Score: 1

    Not even technology - outdated pricing. CD prices have only risen since they were introduced in the '80s, even though the tech has matured immesurably since then. If they dropped it to anything under $10.00, they'd see a huge drop in piracy. Drop it to anything under $5.00 and watch it disappear.

    Of course, this doesn't do anything to help artists who make pennies per CD and get most of the recording/promotion/printing costs taken out of their cut...

  216. Hey **AAholes - it clearly wasn't me by bobdotorg · · Score: 1

    Hey **AAholes - it clearly wasn't me, but some terrorist wardriving past my WiFi connection.

    In all seriousness, would this defense hold?

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
    1. Re:Hey **AAholes - it clearly wasn't me by xQuarkDS9x · · Score: 1

      It might especially if you claim you had no technical knowledge on how to secure your WiFi connection. :D

      You could also claim it was "wardialed" and watch them look back 20+ years to see what the term means. :)

      --
      You must master your joystick like a fisherman masters bait! - Gimpy
  217. security flaw server by Anonymous Coward · · Score: 0

    why doesn't someone make a server with microsoft software with a security flaw they refuse to fix. with that flaw, but for that specific server, thats how they get the mp3s, so technically its microsoft's fault?

    hell if i know, im just really really tired

  218. Hey, be quiet about that!!!! by crashnbur · · Score: 1
    Now why do you have to go and fly a red flag over Usenet?! That was my safe-downloading haven!

    Besides, because NNTP services are very centralized, the users would not be at fault there, but those offering the NNTP services would be ordered to stop carrying binaries groups. Of course, uploaders might have there own problems.

  219. make a list and send it to RIAA by Anonymous Coward · · Score: 0

    We should start a grass roots effort to make a list of users who WANT to and DEMAND to be taken to court IMMEDIATELY by RIAA, on threat of countersuit. If we get, say, 500,000 people to sign up for the list, this will gridlock the court system until 2525. Personally, I will never forgive what the Recording Industry did to Brian Wilson (a living national treasure, and we are still lucky to have him alive), and RIAA can go fuck themselves with a ten foot curare-tipped wrought-iron pole.

  220. Plz mod this down by Anonymous Coward · · Score: 0

    The guy is a raving moron.

    Plz mod accordingly

  221. Re:Stop being a crybaby and pay for the damned mus by forkboy · · Score: 1

    Musicians that sign through the RIAA don't own their music. It's work for hire. If you were a photo journalist for Time, guess who would own your photos that got published?

    Any artist that releases an album through an RIAA CANNOT choose to give it away or decide on the prices. They have NO control over their art once it leaves the recording studio. (Some would argue they have little control there)

    --
    This message brought to you by the Council of People Who Are Sick of Seeing More People.
  222. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0
    Disney raided the public domain gold mine of the 19th century, but they'll be damned if you can do the same for their creations of the 20th.

    Ummmmmmmm.... what, exactly, is to stop you, the Slashdot cry-baby, from - oh, I don't know - making something based on those public domain works? So you can't directly copy Disney. Boo-fucking-who. Why not try something original?

    Oh - but I forget - the sum total of most people on this miserable web site's IP is the posts they make here. So, being completely and totally incapable of creating anything themselves, they complain endlessly about being able to take others works. I feel ever so sorry for them.

    Seriously, the fact that copyright expires at all is bullshit. If I can still make money on my work after 20 years, why should I have to have it ripped from my hands and thrown for all to abuse? It's bullshit, pure and simple.

    I hope Congress finally gets around to writing an amendment to the copyright laws and stops pretending that their "for a limited time" instead of repeatedly extending them to cause the same effect. Then those asses in the EFF can finally piss off and stop bothering our courts about an issue that most people don't care about.

    "Support theft!" I can't believe some people here. ("Oh, I can't afford to charge the going rate for a song, oh whoa is me, they should cut back copyright so that I can steal others works and use it for my buisness, it'd be ever so nice.")

  223. I agree completely by crashnbur · · Score: 1
    You can't shut down a service just because it makes crime possible. Or, wait, I have an idea: the American government is based on John Locke's principles of classical liberalism. That is, the American government is a huge network of services that make every crime we have a law for possible, and then those who commit the crime are punished accordingly.

    Offering the services that make the crime possible is not the problem. Eliminating the innovator whose innovative technique/service is abused is not going to solve the problem, but is only going to add new ones. What the government is allowing right now is the stifling of our innovative capacity.

    What the government should be doing is going after the proven infringers (those directly violating the law) and doing nothing to help nor hurt the service providers.

  224. A clue by Overly+Critical+Guy · · Score: 1

    Along your RANDOM OVERUSE of CAPS, your argument is foolish.

    The ONLY people we care about are the artists, and while your endless speeches talk about how music pirates are hurting artists, we KNOW that the only people we are hurting are the labels.

    A complete, 100% lie. You are hurting the artists. You think the labels will keep bands around if their stuff doesn't sell? What the hell is the matter with you?

    You don't care about the artists one bit. You're just used to the convenience of downloading mp3s whenever you want and are justifying it to make it seem moral to yourself.

    You, the labels, are the fucking hypocrite here. You shamelessly abuse the people we actually DO care about (the artists) and then sue US for hurting the artists??? Maybe you have forgotten, but WE ARE YOUR ONLY SOURCE OF INCOME.

    No, you're not. You're illegally pirating their material. You are shamelessly abusing artists by grabbing their music and never even dreaming of sending them a single dime for it.

    Enjoy your BMWs and Mercedes while you have them, because the second there's a way to cut you and your friends out of this picture, we will do it, and I will then start buying music again because I, unlike you, actually DO care about the artists.

    It is clear you don't, or you wouldn't be stealing artists' music. You exhibit the typical Slashbot drone mentality of anti-corporatism and self-righteousness, trying to justify your illegal piracy as if it is part of some sort of movement of morality. What part don't you get? You're stealing artists' music.

    Listen to yourself. You're claiming that the reason you pirate artists' music is because you care about them. You're so full of it.

    Artists don't have to get signed if they don't want to. They don't have to sign those allegedly horrible contracts. Nobody is forcing them to do a single thing except themselves. But you need them to be victims so you can steal their music and not feel ashamed for it.

    Rot in hell in the meantime.

    Guess we'll see you there.

    Next.

    --
    "Sufferin' succotash."
    1. Re:A clue by nyseal · · Score: 1

      Can you effectively give me a definition of the word 'artist'? Van Gough cut off his own ear in the name of a woman not expecting his work to be worth millions, yet today's artists EXPECT to be millionaires because of their work. Seems a bit hypocritical to me. If these people were true 'artists', copyright wouldn't mean a damn thing.

      --
      [SIG] Remember Mattel handheld games?
    2. Re:A clue by rmohr02 · · Score: 1
      You're stealing artists' music.
      No, he is pirating artists' music. There is a difference. I agree with everything else you said though.
    3. Re:A clue by Obligato · · Score: 1

      Know what, I for one don't give a rat's ass about the artists either. Their own business model - of making money by getting royalties from recorded music, is also doomed, but at least they can make money from live concerts and endorsements. To put it bluntly, both they and the music industry have to be sacrificed for the common good, so I say go ahead and screw all of them without guilt. Here's why: Many years ago some predicted that unless copyright law changed radically, the current situation vis a vis music copying could easily devolve into something even more grossly dangerous to civil liberties than that other misguided attemt to enforce unenforcable laws, the "drug war." The only way that one could even attempt to enforce laws against copying in the age of the internet is through massive invasions of privacy and massive civil and criminal penalties against traders. Both these things are starting to come to pass. Imagine how obtrusive the drug war would be if all the drugs were free and could be transmitted over broadband lines! We have a clear choice here between the privacy and liberty of the masses and the livelyhood of a tiny few. There are much bigger issues here than just a bunch of teenagers and college kids swapping music. PS: Obviously I'm all for boycotting CDs, and have been for a couple of years, but remember that not all CDs are put out by the major labels. There are a lot of independent artists and record companies out there who put out CDs and are not RIAA members. If you want high quality music with CD level sound, pick some up!

    4. Re:A clue by Overly+Critical+Guy · · Score: 0

      No, there isn't a difference. You're stealing revenue owed to them.

      Next.

      --
      "Sufferin' succotash."
    5. Re:A clue by rmohr02 · · Score: 1

      So you're saying if I download 10-15 songs from a website the artist and label are out of the same amount of money as if I stole a CD with the same songs, and that there should be no difference in how I would be charged and prosecuted?

      To quote yourself, "piracy is an IP issue, you know". Surely you understand that intellectual property is different from physical property. When one takes physical property without consent, it is stealing. When one takes intellectual property without consent, it is piracy. You seem to continually claim that piracy and stealing are one and the same because the owner of the intellectual or physical property is out of money because you pirated or stole whatever item it was. I have downloaded songs off of KaZaA and other file-sharing protocols (however, I no longer do so), and I can honestly tell you that the record companies/cd stores/artists are not out of any money because I downloaded songs off of the internet. If those songs were not available online, I simply would not have listened to music. To answer the question you'd ask after reading that last sentence, I no longer have those songs on my system. I still haven't bought a CD in five years. I listen to the radio occasionally, but otherwise I just don't listen to music.

      Now, if I had stolen those CDs, the record companies are out of money because they spent money producing the CD. The money that you claim they would have lost had I pirated the songs is due to marketing, and the amount of money they spend on that would not change.

      All of that said, I believe that pirating music is wrong, but it is not as wrong as stealing that same music.

    6. Re:A clue by CrudPuppy · · Score: 1

      you see, there's the difference between me and your average joe.

      set up a site where I can pay the artists their $0.05 per album that the record company would be paying them, and I will completely pay for all music I have downloaded, and all music that I download in the future (even though I normally only download 1 song from a given band)

      because I wont spend $20 on a cd that is more likely than not to be 2 good songs and 10-12 filler tracks, I'm forced by the RIAA to become a pirate if I want to sample a song by a band.

      so be it.

      bottom line, I DO CARE ABOUT ARTISTS. but the only way for me to show that would involve the RIAA curling up and dying, because they certainly arent about to allow us to bypass them as the middleman.

      oh, and another thing. dont pidgeon-hole me. you dont have the first fucking clue about who I am.

      --
      A year spent in artificial intelligence is enough to make one believe in God.
    7. Re:A clue by Anonymous Coward · · Score: 0

      the common law definition of stealing involves a taking
      that deprives the owner of the use of the property.
      that's why it's called copyright violation and not stealing.
      why not call it murder, rape, or public drunkeness.
      they are just as correct as using the word "stealing" is.
      this is not stealing. since your entire crappy argument
      is based on the fallicy that this is "stealing". the rest
      of the argument naturally has no base. there can be
      no "stealing from" when there is no "stealing".

      your argument is poor.

    8. Re:A clue by rmohr02 · · Score: 1

      If you read the parent of the parent, it doesn't mention that the poster actually does pirate music. According to you, by simply boycotting CDs, he is "illegally pirating their material" and "shamelessly abusing artists by grabbing their music and never even dreaming of sending them a single dime for it". I guess all of us who boycott CDs should "rot in hell".

    9. Re:A clue by rmohr02 · · Score: 1

      So do you give up, saying I "won" this?

    10. Re:A clue by Overly+Critical+Guy · · Score: 0, Flamebait

      Do you have issues or something?

      --
      "Sufferin' succotash."
  225. What are THEIR options? by Anonymous Coward · · Score: 0

    Did you know that in Iran, people were arrested and flogged in public for having a sattelite dish?

    That did not stop every single Irani from wanting one, and today, anyone who can afford one - has one.

    The Ayatollahs have given up.
    But then again the Ayatollahs are probably smarter.

  226. Geez, you nailed it by Overly+Critical+Guy · · Score: 1

    Here's another one. Don't break the law. The courts don't give a damn what you think about music or the RIAA. You can think music should be free all you want. That isn't going to change the fact that someone else has the copyright to it, not you.

    Precisely.

    And despite the wailing and gnashing of teeth here, last time I checked, there was no right to copyright infringement of any kind. Just because it's cheap, and easy, and it's music doesn't get you an exemption in the eyes of the law. And don't scream fair use at me either. Distributing a song to 100,000 of your closest friends on KaZaa isn't fair use.

    Some feel they're only hurting labels and not artists by freely pirating their music all over the internet so that nobody pays them for it. It's insane.

    Oh, and I seem to recall most of Slashdot's posters saying "Go after the infringers, not the technology!"

    Well, looks like they called the bluff. Now that they're actualy suing individuals, the tune around here seems to have changed.


    This is the smartest thing that's been said in this entire discussion. What happened, Slashbots? I remember those arguments as well.

    People are used to the convenience of downloading anything they want now, and they're struggling to come to grips with the fact that it shouldn't have been occurring all along. There is always an excuse because they don't want to feel guilty. Witness some of the posts today.

    --
    "Sufferin' succotash."
  227. come and get me by Anonymous Coward · · Score: 0

    i live in MEXICO, you bastards... just try and extradite me... Poisoned forever!

  228. The RIAA finaly got it right... by Eric+Damron · · Score: 1

    When the RIAA goes after the sharing technology slash-dotters get pissed. I'm one of them that gets really pissed at that. Going after the technology is wrong. However, going after the people who violate copyright law IS the correct response.

    So what is the problem people?? Yes, we all hate the RIAA. Yes, they are the scum of the earth but the great thing about our country is that even scum have rights.

    Stop sharing copyrighted material. Don't buy copyrighted material. Don't support assholes in Washington who would circumvent our constitution by endlessly extending the copyright period **Cough, Clinton, Cough**. And if you are driving along and see one of these assholes crossing the street remember that claiming diminished capacity can sometimes get you off a manslaughter charge... (Just joking on that last one...)

    --
    The race isn't always to the swift... but that's the way to bet!
  229. Are you for real? by Overly+Critical+Guy · · Score: 1

    Totalitarian powers? The RIAA going after people who are illegally distributing music for others to obtain without paying for it is totalitarian? You're not allowed to protect what belongs to you?

    What are you smoking and have you shared it with any other Slashbots? Seriously.

    How about you write a program for some software publisher I hate, and I distribute all over the internet and justify it with "the publisher has totalitarian powers of the US citizens." And your software ends up selling less and you make less money than you should have because people now everybody has your software, and they all try to explain it away as some sort of silly movement against tyranny?

    What excuse will you downloaders come up with to justify that?

    --
    "Sufferin' succotash."
  230. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    Nice troll, asshole. Eat shit and die.

  231. Sigh.... Whatever happened to Ringo/Firefly? by slyborg · · Score: 1

    iRATE sounds interesting, but it apparently excludes label artists. Not all labels are the same, and if you support the ones that support smaller artists, it would also broaden the music landscape.

    Fact is, that if you get signed to a big label and they tell you "no more downloads", guess what, Mike? No more legal downloads for the fans that "indie" artists are always so concerned about, until they aren't indie anymore.

    Supporting exposure of bands is all very well, but even 46,000 downloadable tracks from fringe bands isn't going to reform the music industry.

    1. Re:Sigh.... Whatever happened to Ringo/Firefly? by takahe · · Score: 1

      You are mistaken about excluding label artists. It's only got 200 tracks (that I know of) from label artists but that's because they appear to be slightly harder to find. I don't exclude anything from iRATE. If I know of *any* website which lists music (mp3s only at this stage) then I will list it on iRATE. Time permitting.

      The aim of iRATE is to provide people with the music that they like *without prejudice*. I think that music should be judged on it's own merit alone. That is why iRATE has no concept of genre.

      The reason I created iRATE is because I can't find any radio stations in Western Australia which play the music I want to listen to. Now I have all the music I could ever want and I'm also starting to have a successful free software project.

      Really it's just an experiment to see if collaborative filtering would work to replace radio stations. I find it works remarkably well, as long as you can find someone else on the system who has similar enough tastes in music to you.

  232. Steps to a +5 P2P post by Overly+Critical+Guy · · Score: 1

    In an article like this, use the following to cause the crackheads to fall over themselves modding you up fast enough:

    1.) Turn the discussion into an anti-corporate speal.

    2.) Mention something, anything, involving an executive and his BMW.

    3.) Mention a failing business model. Claim they don't care anything about artists, even though it's the artists themselves who get signed up and put their names on those contracts.

    4.) Ignore that people are still taking artists' music without paying for it. Pretend it's all some moral movement as justification.

    5.) Ignore when artists complain about it. Claim that they're RIAA shills.

    6.) Make mention of lowering the price of a CD as if you'd really stop downloading in that situation. You're too used to the convenience of downloading to stop now.

    7.) Pretend that it wasn't you in the previous lawsuit articles who was crying out for the RIAA to go after "individual infringers" instead of the P2P network itself. Now that they're doing it, again desperately attempt to paint the RIAA as the wrongdoer here.

    8.) "+5 Insightful."

    --
    "Sufferin' succotash."
  233. I'm curious... by Overly+Critical+Guy · · Score: 1

    I'm just curious why so many here are still trying to paint the RIAA as the wrongdoer in this article.

    What are they doing wrong? They're simply suing people who are breaking the law. Nobody argues that what those users do is against the law. So what's the problem?

    Why do so many Slashbots appear to be against this at every step? Could it be because they don't want to stop pirating music?

    --
    "Sufferin' succotash."
    1. Re:I'm curious... by Lobsang · · Score: 1


      What are they doing wrong? They're simply suing people who are breaking the law. Nobody argues that what those users do is against the law. So what's the problem?


      The first problem are the simpletons who carry this invalid argument forward. The RIAA is not only trying to stop people from downloading their music. They're trying to stop ALL kinds of file sharing, including non-mp3 files and those MP3 files posted by independent artists that use this as an alternative medium to disseminate their work.

    2. Re:I'm curious... by Overly+Critical+Guy · · Score: 1

      Okay, Slashbot, how is the RIAA trying to stop all forms of file-sharing in the world by suing people who are pirating copyrighted works on P2P networks? They're shutting down piracy, not the networks.

      I won't hold my breath for your response.

      Next.

      --
      "Sufferin' succotash."
    3. Re:I'm curious... by Lobsang · · Score: 1

      Do you really think they're discriminating? Of course not! Do you really think every provider sniffs on their connections, and worse, has an exploder for every P2P protocol out there? Of course not! If you connect to a port on the P2P network, they tag you.

      You're obviously too childish to even understand the implications of this whole issue on civil liberties. And I'm obviously wasting my time.

    4. Re:I'm curious... by Lonath · · Score: 1

      The problem is that I don't see how computers and copyright can coexist. If I can send, receive, copy and modify huge amounts of arbitrary data (requirements for a computer), then I can steal...err.. infringe copyrights.

      I wish there were a way to actually enforce copyrigtht without getting to the endgame where computers are only a pale shadow of their current selves, with a few "real" computers allowed for "special approved people". Kind of like how the Stationers got printing presses made illegal for everyone except themselves hundreds of years ago.

      I believe computers promote the progress of science, and so restricting them or taking them away will hinder the progress of science. Since the _ONLY_ reason that copyright exists is to promote the progress of the useful arts and sciences, I can't support this. I can't let them continue down this path, so I can't support them.

      But, they are right. They should be able to get money for the things they create. I just don't see how to do it without taking away computers.

      You can help me. Tell me how full-powered computers can exist, along with the elimination of piracy, while still allowing people to use copyrighted material totally anonymously on any machine they own at any time, while preventing copyrighted material from being used on other peoples' machines. And also in such a way that people who don't use copyrighted material don't have any restrictions or taxes or costs or burdens placed on them.

  234. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0
    I'm so glad that someone on Slashdot decided to go the "original" route and come up with that. Again.

    Way to go. You really proved your point. Whatever it was - not that anyone can tell. So I guess the original argument stands - copyright should be indefinate, and people here should stop complaining about not being allowed to steal others work.

    After all, you couldn't come up with an argument against it, other than an ad hominem attack. Good job - you proved nothing, other than Slashdot users really can't come up with anything of value.

  235. Since when did the RIAA become�� by nyseal · · Score: 1

    ...the governing body of justice? Besides the fact they have lawyers out the wazoo, they can't change the law. OOPS; my bad, yes they can. God have mercy on us all.

    --
    [SIG] Remember Mattel handheld games?
  236. Horseshit by alizard · · Score: 5, Insightful
    File swapping on P2P is simply distributing the same tracks that the record labels PAY radio stations to broadcast to the public on the dime of the public itself.

    128K MP3s are promotional goods of NO commercial value outside their use in getting people to buy the real products, which are CDs and better than broadcast quality digital tracks. no moral or ethical issues here, other than the question of "why are people giving the record labels free bandwidth and promotional exposure?" Only RIAA propaganda says their is some. You can't believe everything coming out of your TV set.

    Piracy has NOTHING to do with this, otherwise the RIAA would be spending their lobbying bucks on getting Congress to pressure foriegn governments into closing down bootleg CD PRESSING PLANTS pumping out bogus RIAA member content by the millions of copies.

    This is about control. It isn't that the record companies mind us paying to distribute their content. It's that you and I have the same access to P2P channels to distribute our own material that they do, and they fear that they can't play on a level playing field even with billions in budgets and exclusive control over radio and major venue concert distribution.

    Illegal? Certainly. But only because they bought and paid for politicians to make it so. The law said "swap audio on analog tape = legal, swap audio as broadcast-quality digital files - go to jail."

    Your parents swapped audio tapes with ultimately, the blessing of the RIAA. Tape swapping got the word out and ultimately turned the Grateful Dead and ironically, Metallica into successes.

    The record industry doesn't want it to be possible for musicians to succeed outside their system.

    Not that it's a bad idea to stop uploading RIAA member tracks to P2P. They don't deserve distribution help. They deserve oblivion.

    You really want to hurt the RIAA member labels?

    If you just stop buying, they'll blame piracy and buy worse laws. Want Palladium made compulsory?

    Just take every dollar you spend on entertainment and spend it on independent musicians. Go to their gigs, buy their records.

    When the CEOs of the multinationals that own the RIAA labels find that the only record labels that are increasing profits are ones not affiliated with the RIAA or their lobbyists, the whines about piracy from label CEOs will cease to be accepted as excuses.

    Their next logical move is to dump the brands the major CEOs have irretreveably tainted in the public eye. Their new investors will be buying catalogues and artists contracts, why would they be picking up the contracts of the management that destroyed their own companies?

    Perhaps the new "Big 5" will be Apple, HP, Microsoft, Dell, and IBM.

    Does this mean that music won't be run by fuckheads? No, but at least the fuckheads running the new music industry will live in the same world the rest of us do.

    1. Re:Horseshit by Anonymous Coward · · Score: 0

      I agree

    2. Re:Horseshit by Swaffs · · Score: 1
      "File swapping on P2P is simply distributing the same tracks that the record labels PAY radio stations to broadcast to the public on the dime of the public itself."

      This isn't true, at least not in Canada. Paying a radio station (but not MTV et. al) to play a song is illegal, and everytime a radio station plays a song they have to pay a small, standard royalty to the copyright owner.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    3. Re:Horseshit by Lord_Dweomer · · Score: 1
      "Perhaps the new "Big 5" will be Apple, HP, Microsoft, Dell, and IBM. Does this mean that music won't be run by fuckheads? No, but at least the fuckheads running the new music industry will live in the same world the rest of us do."

      Would that be better? I think it would be 100 times worse. Do you think Microsoft is implementing DRM soley because they feel like it? No, they're doing it because Hollywood is prepared to pay them for it. If M$ were the label instead, do you really think they wouldn't care about piracy? Not only would they care a LOT more, but they would have the means to do whatever it took on both the hardware and software end to lock things up. I for one hope the labels die and never resurface under another name.

      --
      Buy Steampunk Clothing Online!
    4. Re:Horseshit by alizard · · Score: 1
      In the world I'm suggesting, there would be 4 reasons other than the general public for MS to play nicely.

      Apple, HP, Dell, and IBM... Note that these companies are in the hardware business, too.

      Plus a 5th reason. If the price of a major label drops to the point where anybody but MS would consider it affordable (MS can pay list with $55B in the bank), it'll be proof that the old "control everything" business model doesn't work in music.

      Would MS put DRM on a music player for any other reason than to lock people into Windoze if Hollywood didn't tell them to?

      MS has two "homes of the future" demos in Redmond... the Hollywood DRM future (download to PC and it stays there) and the one where you can get audio and video from any room in the house. Which do you think MS will believe easier to sell?

    5. Re:Horseshit by Jardine · · Score: 1

      I'm pretty sure it's a flat fee for the copyright owner. And it goes to SOCAN which distributes it to labels, artists, and composers based on an extremely complicated formula which favours bands on commercial radio stations.

    6. Re:Horseshit by Stockmann · · Score: 1

      I don't know about Canada, but in the U.S. there's been a longstanding loophole big enough to shove $150 million a year through.

  237. Freedom of Information by Mithrilhall · · Score: 1

    So..we have a freedom of information act. Why doesn't someone get the names of the people the RIAA has obtained subpoenas against and post them on the internet so they can be warned of any legal actions that will be coming there way. This way people can say.."Hey, I downloaded one of their songs to see if I liked them and then went out and purchased the CD". Then they can show the CD since they would have the same information as the RIAA has. Say John Doe downloads 1 Tool song and it's listed on subpoena. He could then go out and purchase the CD and say in court.."Here it is judge"...see, I purchased it. I just downloaded one song to see if I liked them :-)". Just a thought.

  238. The answer is... by poptones · · Score: 1
    continue to do nothing. If you get sued, don't settle - but do get on the horn to your local TV station, your local newspapers - anyone who will listen. Once you have a bit of press a legal aid looking to make a name will find you. This won't be enough to win, but an aid will probably be able to find enough ways to put off litigation to keep things tied up in paperwork.

    The only way this is going to get resolved is exactly what's happening now: the industry has to sue a few hundred (or a few thousand) joe beers and bobby bookworms. This will inevitably get some propogandized coverage on one of the buffoonish "news magazine" shows (most like either a sixty minutes music fluff piece or an NBC "Dateline special") which will, also inevitably, lead to plenty of backlash. At that point a different network will pick up the same story with a slightly different spin, which will lead to one or more senators getting called on the carpet to explain why johnny's mommy and daddy are being forced to give all johnny's tuition money to the RIAA over something so insipid as a bunch of Britney Spears singles.

    I hate to say I told you so, but I did. This is the only way the issue is going to get settled, and it's been in the making for a very long time. This is the only way to get things done when you live under a corporatist - but reactionary - political regime.

  239. Re:Stop being a crybaby and pay for the damned mus by flowerp · · Score: 1


    If you want to put Big Name songs on your custom wedding DVDs, just toss in the original music CD as a side gift. Then your use of the song might be considered fair use.

    But still I wouldn't want to test that in court ;)

    --
    --- Eat my sig.
  240. It isn't quite that simple by alizard · · Score: 1
    Why is it legal "fair use" for me to make a tape off the radio of copyrighted content and give that tape to you and ILLEGAL PIRACY!!! to do the same thing in the digital domain?

    You're hearing the same bytes either way. What's the difference?

    Millions of dollars of campaign contributions.

    There's a difference between "illegal" and "wrong".

    1. Re:It isn't quite that simple by cpt+kangarooski · · Score: 1

      Well, part of it is that insofar as taping is time shifting, it's probably fair use. But fair use is slippery, as I've said before, and you cannot categorically say that some things are fair and some things are not.

      Since there is a difference between the radio and file sharing, you can't just assume they'll be treated the same.

      There is a list of factors that have to be taken into account in order to fit into fair use. You can see the four factors at 17 USC 107. Good explanations of them may be found in the Sony Betamax case and the Pretty Woman case. The Napster case discussed fair use as it pertains to file sharing and found that it was not fair.

      However, if you merely want to make audio tapes from the radio, try doing so under the protection of 17 USC 1008 (see also section 1001 for important definitions!) which is basically intended for that purpose. It isn't relevant for computer file sharing, however, and given some of the requirements in that part of the code, it's a good thing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  241. Let's not forget about EMusic.com! by ScumSucker · · Score: 2, Informative
    Our lives would also be richer for it.

    Absolutely. I can't express enough how satisfying it has been for me to discover quality music from artists I've never heard of before. And it isn't until you find an good alternative source of music that you realize how many great artists out there were passed up on by the major labels simply because they showed up at the wrong time. Being indie doesn't mean artists have no talent... it just means the major labels didn't think their style of music would sell in the current market.

    I strongly urge anyone who has wide musical interests to check out EMusic. Especially if you like Jazz, Electronica, Blues, Punk, or Classical (all genres that haven't seen much mainstream sales), EMusic is fantastic. Even outside of those genres though, there are many "out of time" artists with great albums. I've found songs via EMusic that I firmly believe could have been "big hits" if they were released years before (or after).

    The only drawback to EMusic is that there are soooooo many artists on there and you can expect to recognize very few (since they are indie). Using the EMusic service is like a journey through "Lost Music Land". I find most of my tips on the message boards there... lots of friendly people in the same boat... we're all just looking for great music.

    Oh and one last comment about the quality of the MP3s, as that used to be a concern. These days almost all of the music is encoded using VBR (about 192kbps on average) using lame (can't remember the exact setting they use). I too wouldn't go anywhere near 128k CBR, so I waited for them to switch up to the better quality before I signed up.

    Simply put, if you're willing to explore for music, EMusic is hands down the best place on the net to legally download unrestricted MP3s. Oh, and the RIAA won't appreciate it either if you're into that sort of thing. :)

  242. Outsmarting the RIAA? by unclebrady · · Score: 2, Interesting

    I was thinking, you share on KaZaa (over cable like rr), you get a subpoena in the mail saying the RIAA is suing you.

    So you go to the store and buy a wireless router and a wireless card for your PC. Oh yeah, remember to delete all your *illegal* MP3s. Move your PC to the other side of your house to give it some distance between it and the wireless router. Now, you tell the RIAA that you've been using wireless for the last 6 months and that it wasn't you but probably somebody else using your wireless network that you keep open. Since the burden of proof is on them to prove that you *personally* downloaded it and they can't prove it, you get off free. Well, with the cost of a wireless router and hopefully just a small amount of lawyers fees.

  243. I'm glad I get all my music by Anonymous Coward · · Score: 0

    by using Streamripper, but don't tell anybody. Faster than usenet. Can't really choose the songs - just let it run for hours at a time and delete the songs I don't want. Again, don't tell anybody. Especially the RIAA.

  244. Hey meta_ monkey... by Anonymous Coward · · Score: 0

    I'm tREBLEFREE@hotmail.com btw - didn't feel like creating an account - but hey man...if you're only gonna make THREE copies of that DVD, you don't have to copyright or ask permission for s**t. You are NOT commiting a crime.

    Copyright, ASCAP & BMI was made to make sure the artists are paid for HUGE uses of their material.

    You seem like a smart man - so think about this...how much money is ASCAP gonna make off a DVD that will never be sold?

    1. Re:Hey meta_ monkey... by meta-monkey · · Score: 2, Insightful

      Doesn't matter...you can get sued into oblivion if they catch you. It's not worth losing my entire business because I just HAD to have "Time of Your Life" or something. If we're talking about my personal vacation photos, that's fine, I wouldn't care...but here we're talking about selling something for profit. I'd rather not take the risk, thanks...I need to eat.

      --
      We don't have a state-run media we have a media-run state.
  245. Not sorry to say this at all... by alizard · · Score: 1
    But from the RIAA's point of view, this is probably the best tactics they could adopt

    Well, if their intent is to persuade their own best customers that it's time to find non-RIAA music to buy, they certainly are. If I had a pipeline into the RIAA, I'd tell them to "GO FOR IT, THE PUBLIC IS BEHIND YOU 1000%."

    Who goes to the trouble to make P2P server space available and pay for the bandwidth to make them available?

    Only the people who are really serious about music and want people to hear the latest and coolest new sounds so they'll buy their own copies. . . that artists will be encouraged to make new music. These are the people with hundreds and thousands of legitimately purchased CDs and who go to concerts.

    Also known as the RIAA's latest targets. Every one who gets a subpoena or an extortion threat from RIAA lawyers is a person who'll be putting his energy into persuading others NOT TO BUY.

    But not buying just feeds into the PIRACY!!! propaganda.

    Destroying the RIAA means buying exclusively from non-RIAA musicians, and spending as much or more as you usually do on music.

  246. Re:Stop being a crybaby and pay for the damned mus by cristofer8 · · Score: 1

    Take a look at this:

    http://slashdot.org/comments.pl?sid=71426&cid=6461 755

    Copyright violations are punishable by imprisonment.

  247. Matador is RIAA by Anonymous Coward · · Score: 1, Informative

    I hope someone decides to mod this up, because the world should know...just because the music you listen to is not played on commercial radio/MTV, does not mean it's independent music. The above post is very well written, but the fact remains:

    Matador Records is a member of the RIAA. You may think you're 'indie' because you listen to Belle & Sebastian TOO, but you're money's heading into the RIAA's pockets.

  248. If you get sued by Pettifogger · · Score: 4, Informative
    Since the RIAA is filing a lot of actions now, here's a little bit of advice for anyone who gets sued.

    First, *YOU DO NOT NEED TO HIRE AN ATTORNEY*, you are entitled to represent yourself. And you should.

    Second, the Courts tend to give leniency to pro se parties. This means the laws of evidence aren't quite as strictly enforced and you can get away with a lot of stuff attorneys can't. Believe me, I know.

    Third, there are few things attorneys hate more than dealing with pro se litigants. You never know what's going to turn up and whether or not the judge might allow it because he/she feels sorry for the pro se guy.

    Fourth, this gives you the opportunity to create a circus atmosphere. Invite the media. Make angry speeches. Just go nuts.

    Now, if the RIAA wants 5,000 cases like what I described above, their attorneys will literally tear their hair out. A lot of them will quit, a lot of them will boost their fees, and a lot of them are going to be pissed off at the RIAA for giving them such a headache.

    DO NOT ROLL OVER AND SETTLE. FIGHT FIGHT FIGHT! If enough people respond this way, the RIAA will lose, and it will lose in a very, very ugly way. Don't think you need an expensive legal team to give them a problem. You, yourself, with $15 of copies at Kinko's can literally shove their crap back up the orifice it came from.

    If you think I know not of what I speak, check my sig....

    --

    IAAL

    1. Re:If you get sued by mbstone · · Score: 4, Informative

      The above advice is incrediable coming from a lawyer. People who get sued need to file and serve the other party with responsive papers immediately so they don't lose by default.

      The papers have to be done exactly the right way or 1) the court clerk won't file them or 2) you could inadvertently waive the right to raise certain legal arguments. It's not all that easy to file responsive pleadings as a lawyer, let alone someone who is under the stress of a lawsuit filed by a big law firm and who is attempting to act as his or her own lawyer.

      If you get sued, call a lawyer and make an appointment. We don't bite and usually there is only a small or no charge for an initial consultation.

      If somebody showed up in my office with one of these, I would look at ways to possibly countersue RIAA or whomever and make some money on the deal for both of us.

      IAAAL. This post is not legal advice for your specific situation or jurisdiction, and it is not a solicitation for legal services.

    2. Re:If you get sued by Cederic · · Score: 1


      >> If somebody showed up in my office with one of these, I would look at ways to possibly countersue RIAA or whomever and make some money on the deal for both of us.

      You evil fucking parasite. It's arseholes like you that lead to shit like this. Improve the world for everyone, go kill yourself,

      ~Cederic

  249. Freenet = freedom of speach != music archive by moncyb · · Score: 1

    Except Freenet doesn't support large files very well, and all files only live for a short amount of time--depending upon the size of everyone's cache. It also doesn't support searching as far as I can tell.

    Freenet was made to prevent censorship and promote freedom of speech. At its current state, it doesn't even seem to do that very well. It wasn't designed to swap music. Even if someone finds a way, you'll probably only be able to download Pop 40 songs anyway. You may as well listen to the radio.

    1. Re:Freenet = freedom of speach != music archive by Malcontent · · Score: 1

      I think "support freenet" implies working to make it better don't you? I am pretty sure it does mean "whine some about how it does not do what you want".

      --

      War is necrophilia.

    2. Re:Freenet = freedom of speach != music archive by moncyb · · Score: 1

      This guy was implying people should "support" Freenet by uploading and downloading a bunch of RIAA crap music. How will this help? It'll just give the anti-freedom of speech crowd more fodder to bring Freenet (and systems like it) down. It'll also make Freenet far less useful because the caches will be turning over quite frequently. Freenet was obviously not designed to hold huge archives of music. Why should it?

    3. Re:Freenet = freedom of speach != music archive by Malcontent · · Score: 1

      I can't read his mind only his words. His words said to support the freenet project. I figured that he meant what he said.

      --

      War is necrophilia.

  250. it's worse than that for the RIAA by alizard · · Score: 1
    The parents of the kids who get nailed by fileswapping grew up legally swapping analog tapes. Same thing, smaller scale. It even worked the same way as far as band promo went, ever hear of the Grateful Dead or for that matter, Metallica?

    So this isn't a matter of a kid getting busted for doing something "wrong", a parent who can afford to is very likely not only to pay for lawyers, but to look for organizations that are fighting them and start them in their absence. And in the meantime, start calling the politicians they contribute to and ask them "What the fuck is going on with this?"

    If the RIAA makes A Cause out of themselves in mainstream America... their bought politicians will have to cut them loose to dangle in the wind.

  251. P.S. by Alsee · · Score: 1

    I forgot to mention that while I'm no lawyer, I *have* read most of the relevant US law on it. All of the law I've read is aimed at the "supply side".

    Here is a link to US copyright law. Most sections aren't as long or difficult as I would have expected. You just need to take it peicemeal and pind the important parts. Chaper 1 defines what protections copyright grants. Chapter 5 covers infringement, and the NET act is in there. Chaper 12 is the evil DMCA anti-circumvention portion. Those are really the the important parts. Just by looking at the other headings it should be pretty clear you can completely skip most of them.

    Other highlights include:

    Chaper 3 is home to the countless copyright extentions, including the infamous Sony Bono extention.

    Chapter 8 is CARP. That part gets pertty hairy, it's the part that is strangling internet radio. The problem isn't so much in the law itself, but mainly in the fees set by the CARP panel created by the law. The RIAA convinced the panel to set the fees several times higher than regular radio fees.

    Chaper 10 is the main part of the Audio Home Recording act which completely killed Digital Audio Tape (DAT) and all digital audio technology and products. DAT came out a DECADE ago and you still can't go into the mall and find a digital audio device. The law mandates that the devices MUST contain DRM systems. The simple fact is that no one wants to buy a crippled product. They are currently discuussing options for mandating DRM in all high definition digital TV products, and if they do then people wont buy them either.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  252. Dear Sir, by Clockwurk · · Score: 0, Offtopic

    Your ideas intrigue me and I wish to subscribe to your newsletter.

    Usually when a person trolls slashdot, they post a contrary view (MS is good, Linux sucks, music should be paid for, it is stealing, etc.). You have posted the exact opposite, a great tirade against congress breaking laws (by extending copyrights?), ignoring unjust laws, and then you finish up with the coup de grace "move to a socialist country comrade".

    If this was indeed a troll, then you are the wunderkind, a god among mortals, the alpha and omega, the start of a new era, and the most clever trool evar. I salute you.

    1. Re:Dear Sir, by flyneye · · Score: 1

      Use the force luke.
      let the slashcode guide you.
      a slackfull majority of bobs own click on the secret link that appears to be my name highlighted above to pick h'orsedoerves from
      my buffet of human ReSEARCH.
      to troll is to exhibit effort,grasshoppah.
      open your third nostril and be.
      if a frog bumps not its ass ajumpin,what it the sound of one buttock farting?
      if bob hasn't seen your $30, are you not a mere pink one?

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    2. Re:Dear Sir, by flyneye · · Score: 1

      use the force luke.
      gimme a dollah and i wont tell no one you coulnt do it.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  253. You want to destroy the RIAA? by alizard · · Score: 1
    Depends.

    If all people do is not buy music, the RIAA will blame PIRACY!!!, and the member label CEOs will go to their bosses and whine about PIRACY!!! cutting sales and demand even worse laws from the politicians they 0wN.

    If people spend just as much money from independent musicians and labels and supporting their gigs, the music industry press will be giving this lots of ink... followed by the mainstream media in the context of RIAA boycott.

    This will reduce the value of RIAA labels and the stock prices of the multinationals that own them.

    Expect the collapse of the major labels shortly thereafter, their owners will be unloading "tainted brands" to the highest bidders before they drop in value any further.

    I think you know what you need to do.

  254. Does Freenet actually work? by Anonymous Coward · · Score: 0

    I've made an honest effort to try to use freenet, but it just never seems to work at all. It certainly isn't going to lure anyone away from kazaa or bearshare, or even irc.

    1. Re:Does Freenet actually work? by Famatra · · Score: 1

      In order to make full use of Freenet you have to get Fuqid (A tool that works with freenet), it allows you to que downloads, and uploads.

      There exists many other tools that work with Freenet that really enhance its usability.

    2. Re:Does Freenet actually work? by 0111+1110 · · Score: 1

      Do you have a link for that? I did a google search and came up with very little.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    3. Re:Does Freenet actually work? by Famatra · · Score: 3, Informative

      A lot of the Freenet tools can be located here:

      http://freenet.sourceforge.net/index.php?page=tool s

      Fuqid is hosted on Freenet, if you Freenet installed click the link above.

      Another good trick is to use Freenet to add high bandwidth content (like Mp3s) to your websites

  255. Hey, trollboy! by alizard · · Score: 1
    Stop crying. Your stealing and the RIAA is going after you. Your basically shoplifting. How is this any different?

    How is it shoplifing? The copies are still on record store shelves. Can you count?

    So you're stealing music every time you listen to the radio? Well, then, you'd better hide your radio, trollboy. Go away, the grownups have something important to discuss.

    A 128K broadcast-quality music track is a promotional good of no commercial value except in that a listener hearing it might be induced to buy it in better quality form as a CD or high-quality digital track like iTunes is selling.

    Redistributing that 128K track is exactly like giving a record company free radio airplay. Where's the theft in that?

    If they really gave a shit about piracy, they'd be paying off politicians in Asian countries to shut down pirate CD PRESSING PLANTS

    This isn't about stealing, it's about control. They don't want media to exist they can't control to play artists who owe them nothing anywhere the public can hear them.

  256. it's called astroturf by alizard · · Score: 1
    I've suspected for a long time that there are some of us who are being paid to propagandize by PR firms... to spread FUD, to advocate political causes.

    Who profits from the stupid idea that all an indie artist needs to do to give his music a fair chance at airplay is to take it to a radio station?

    This is like the idea that all one has to do to give one's position on a bill a fair hearing is to write your Congresscritter a letter without a $5000 check enclosed.

    Profitable mythology.

    Who profits?

  257. Re:Sorry to say it...What Biggest Offenders? by Nom+du+Keyboard · · Score: 1
    if they stick to the biggest offenders

    What biggest offenders? According to news reports, they have gone after with 5 to 8 files shared.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  258. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    "thanks to Disney"

    Disney could not have done it without the passive complicity of the American Citizen, who cannot be bothered to participate in his government.

    Dude, don't write to us about how copyright extension is killing your business, write to everyone in your political party (not just the elected officials).

    Use certified mail. Take responsibility, don't blame Disney.

  259. you've almost got it. by alizard · · Score: 1
    If it pisses you off. Never give them money again.This is not a "boycott" which has the overtones of people who are willing to go back to buying once the companies clean up their acts. This is a "lifestyle change" where you realize that they will lie and fuck you over so you never give them money ever again. No matter how much they protest that they've "cleaned up" down the road

    The problem is that if a large chunk of the public did this, the record labels would scream PIRACY!!! about "lost sales" and use this as an excuse to buy even worse laws from politicians, and their CEOs could go to their multinational bosses and say "The boycott isn't significant, it's just that they're stealing our music instead of buying it."

    The answer?

    Continue to buy music, but from musicians who are not involved with the RIAA in any way, shape or form.

    When the press sees that only musicians and labels making money are not involved with the RIAA are making money, the music industry as we know it is totally fucked.

    Their parent companies will probably have to unload the "tainted" brands at 25 cents or less on the dollar.

    But to destroy them, we have to keep on spending money on music.

    1. Re:you've almost got it. by Lonath · · Score: 1

      The problem is that if a large chunk of the public did this, the record labels would scream PIRACY!!!

      I know. I am very aware of this. But I don't care. They're merely businesses. If I choose not to do business with them, then fuckem. If they attempt to coerce money out of me, or out of a large segment of the population that has nothing to do with them, its extortion. Real extortion. Not the "pseudo shakedown" they're engaging in right now with the P2P networks.

      As for independents, I don't know if I can support them. I'm afraid that they will get more successful and change their tunes or join an RIAA company, at which point I've helped another person to get into the system. It's a tough call for me.

  260. Create a filesharing honeypot by Anonymous Coward · · Score: 0

    If you want to kill this activity do the following:
    1) Create an MP3 with some relevant message,
    singing in the shower, etc. of an appropriate
    length
    2) Store it 'suggestively' in your share
    folders using variations of RIAA artists
    names (MickelJackman_XXX,AprilLevine_XXX,etc.)
    3) Share the heck out of it
    4) Get subpoena
    5) Go to court and countersue because the RIAA
    didn't exercise due diligence in their actions
    6) Sue your ISP for colluding with the RIAA in
    their inappropriate actions
    7) Multiply by 100,000 and watch the fun

    1. Re:Create a filesharing honeypot by Anonymous Coward · · Score: 0

      How many negligent lawsuits would
      it take to get class status?

  261. New Video from RIAA: Sue the world by Anonymous Coward · · Score: 0

    There's new Video from RIAA, "Sue the world" against pirates. Have a look:

    http://www.campchaos.com/cartoons/napsterbad/sue.h tml

  262. Simply stated by KalvinB · · Score: 1

    You can't legally aquire an illegally gained item to replace a legally owned item you lost or broke.

    How do you know the guy you're downloading from actually owns a legal copy?

    Copy your CDs, movies, whatever the first time you use them. That way you can enjoy them while backing them up. Then store them on CD-R, DVD+-R, a HD, or whatever.

    Then if you ever lose or break the original copy, pull out your backup and make a replacment. Doing so for your own personal use is perfectly legal.

    Ben

    1. Re:Simply stated by Call+Me+Black+Cloud · · Score: 1

      You can't legally aquire an illegally gained item to replace a legally owned item you lost or broke.

      It's not quite the same. I'm entitled to copies of music, video, software that I've purchased. I still have the original item. Why should it matter if I make a copy when I buy the original or get it from someone else? Does the law make a distinction about where the backup comes from?

    2. Re:Simply stated by Anonymous+Brave+Guy · · Score: 1
      Then if you ever lose or break the original copy, pull out your backup and make a replacment. Doing so for your own personal use is perfectly legal.

      /me notes that this depends on jurisdiction. It may be so in the US -- I don't know, I'm not a US lawyer -- but it isn't true everywhere.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  263. my argument... by alizard · · Score: 1

    is that the distinction between file swapping and tape swapping is purely a legal one made by buying politicians.

  264. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    You seem to be a Slashdot user too. Hmm.

  265. no payola in CA? by alizard · · Score: 1
    Don't know the scene, but I assume they use the same kind of "independent promoters" they use in the USA to get around the same kind of laws.

    Anyone around here know for sure?

    1. Re:no payola in CA? by Swaffs · · Score: 1

      As I understand it, they do use promoters who do whatever they can to convince a station manager to play a song, but they can't actually pay the station.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

  266. The reason for parking tickets. by moncyb · · Score: 1

    I don't think you understand why parking tickets exists. Yes, people do want parking tickets, but not because of the government revenue. It's because if cops didn't issue parking tickets, then everyone would just park anywhere--including the middle of the road or use up two stalls. It would be hell trying to drive around all those parked cars. It would be hell trying to find parking spaces in a lot which should be half full, but all the spaces are used up by rude drivers.

    It would be unfair if all car owners had to pay a "parking violation" tax because it is assumed everyone will break parking laws, just like it is unfair that all buyers of CD-burners and blank CDs are forced to pay a "copyright" tax because it is assumed they will violate copyright laws.

    1. Re:The reason for parking tickets. by B1ackDragon · · Score: 1

      I like your arguments. A lot, actually. If I could only mod and post in the same discussion... but it's for the best that I can't ;-)

      Just thought you'd like to know.

      --
      The snow doesn't give a soft white damn whom it touches. -- ee cummings
  267. Re:Stop being a crybaby and pay for the damned mus by Dyolf+Knip · · Score: 1

    Even if we assume that obviously people should own the bit patterns they create, there's the question of whether they should own them for several generations years after they die.

    --
    Dyolf Knip
  268. Re:Stop being a crybaby and pay for the damned mus by VPN3000 · · Score: 1

    So you are saying it hurts your professional art career when someone simply has a copy of your photo on their computer's desktop?

    I would be honored, as I have in the past, when my works get spread around. It gives me free advertising since the signature and website they can obtain more is always at the bottom-right of the image.

    Now if a company used my artwork for advertising purposes, or enhanced the resolution and started selling framed copies, then we'd have a lawsuit.

    It's not like grandma was really going to buy a JPG of your latest creation anyway. She'll just go to phong.com and grab something better for free.

    I guess what I am saying is that your point isn't thought through. Either that, or you'd prefer to have no exposure.

    I recall when MP3 first started to boom, CD sales skyrocketed. Then the RIAA started being assholes about the whole thing and CD sales plumeted. You do the math.

    Anyway, you being Mr. Artist should know about fair use when it comes to artwork. Your entire trade is about 'borrowing' styles and imagery.

    No troll intended.

  269. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 2, Funny

    When a dog barks at me, I don't bark back.

    --
    We don't have a state-run media we have a media-run state.
  270. New Online Store From Apple by Pray_4_Mojo · · Score: 1

    The Apple Legal Store : All your alltime favorite copyright lawyer consultations for just $.99/consult.

    Hey...it could happen.

  271. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 2, Insightful

    It certainly isn't killing my business...I'm doing just fine. It's just a shame that so much music will never heard again. There's plenty of blame to go around, but certainly Disney deserves a large portion of it.

    --
    We don't have a state-run media we have a media-run state.
  272. Will I get sued? by Anonymous Coward · · Score: 0

    How sure are they that they are suing someone who actually shared a file... Do they go by IP? What if you have a dynamic IP, yeah I'm sure the ISP has logs of what user was using what IP at what time, but what if the RIAA or the ISP got the date/time wrong and the IP is linked to me? I've never shared any mp3s or anything over P2P apps, will I get sued?

    1. Re:Will I get sued? by i8urtaco · · Score: 1

      I'm not sure exactly how ISPs log dynamic IP with dial-up, but I do know that with broadband (cable, DSL, etc) it's really easy to log a machine's MAC address with an IP (plus I'm pretty sure it's safe to say that most p2p file swappers use broadband). Dial-up modems all have the same MAC, so you can't log it that way. With my personal router that connects to my school's Ethernet, the log includes the MAC address, the IP assigned to the NIC, and what time it was assigned/used/expired. The only way this could be wrong is if I somehow spoofed my MAC (some cards allow you to enter your own in the bios), or if the router messed up. And we all know computers are NEVER wrong ;)

  273. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 1

    No, I fully understand where you're coming from. I'm not saying I'm going to sue somebody for scanning one of my photos and putting it on their desktop computer. I've had this happen before...I do some work for a local magazine. We did the editor's family photos. A few weeks later, I'm in the editor's office going over our latest photo shoot we did for them, and the family portraits we did are her desktop wallpaper. She scanned them...that's fine, I didn't say a word.

    Most of what I do is portraits, weddings, and magazine work. Whenever my wife and I shoot a wedding, we send free sample photos to the venue, the caterer, the florist, the cake maker, etc, hoping they will show these to their prospective clients. We also put our website at the bottom corner of the photo, too, so the client will know just where they got it from.

    However, my argument is that, regardless of whether I give them away, or sell them, or whatever, they're still MY images. I created them...it's my artwork, it's my talent, it's my time, it's my life, it's my thousands of dollars worth of equipment and years of experience and training. *I* get to decide how they're distributed, or how much I care whether somebody copies them. Not you, not "society," not government...me. Have you ever read or seen "The Fountainhead" by Ayn Rand? Fascinating novel.

    --
    We don't have a state-run media we have a media-run state.
  274. I never said music should be free. by HanzoSan · · Score: 1



    I'm saying the RIAA shouldnt own all the music and the distribution.

    I'm saying p2p should be legal.

    --
    If you use Linux, please help development of Autopac
  275. Bullshit by HanzoSan · · Score: 1



    Maybe you want one corperation or government to rule over you and take away all your rights while forcing you to pay a tax.

    I so wish you were born in soviet russia during the proper era.

    Maybe you'd like to live under the rule of Saddam. I mean you dont have any rights, you do exactly what the company says, but exactly what the company says buy, pay exactly the price they want to do exactly what they tell you to do with what you pay for, for the exact amount of time they want.

    You sir are a fool. Maybe some of us dont respect the company and refuse to pay the tax. Ever hear of the Boston Tea Party? Your stupid ass would still be buying British Tea.

    --
    If you use Linux, please help development of Autopac
    1. Re:Bullshit by Durandal64 · · Score: 1
      I so wish you were born in soviet russia during the proper era.
      In Soviet Russia, the music pirates you! :)
    2. Re:Bullshit by Anonymous Coward · · Score: 0

      Just how many governments do you want to rule? 2, 3, 4?

      And exactly what use would a tax be if you were not forced to pay it? No use, because self centered gits like you would want to let everyone else pay.

  276. Self-Help Law Books from Nolo Press by MichaelCrawford · · Score: 1
    I am as far from an attorney as one could be, but one thing I know is that the self-help legal advice books from Nolo Press are incredibly helpful. I've used a couple of them in the past.

    Even if you don't get an attorney to represent you in court, do talk to an attorney, so that the documents you have to file are written correctly. You may be unaware that they have to be formatted a certain way. There are certain keywords that mean magic things to a judge but may appear ridiculous to the non-specialist.

    If you go to most any attorney and tell them you're a struggling college student and the RIAA just sued you, they will almost certainly help you at least write your response correctly.

    The last time I consulted an attorney, the only payment he required was a promise that the next time the subject came up, I tell whoever I'm talking to that attorneys aren't the bad people that many make them out to be. This gentleman got my ass out of a sling, and all he wanted was for me to say he wasn't a bad person.

    --
    Request your free CD of my piano music.
  277. Simple Solution by Alethes · · Score: 1

    Stop supporting RIAA artists by trading their songs. All you're doing by sharing mp3s of RIAA artists is giving the RIAA free marketing and proving that they're still relevant. Go to mp3.com or something and support independent artists who want you to share their music.

    If you want to hurt the RIAA, stop supporting them through marketing.

  278. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0
    I have hired photographers, and i make sure i DO NOT hire your ilk. That is, if the photographer thinks that when i pay him/her $2000 for some photos, the photos are their property, they don't get my business. I'm happy to pay for the ones who realize i am hiring them for their skill and the product is owned by me.


    I'm an engineer. When i design things for my employers, i have no reasonable expectation that I own my work. I think that's the way it should be.

  279. Nice going! by Zathras11 · · Score: 1

    For years now I've shunned P2P in favor of
    Usenet, and up until now they've ignored us
    too. So why bring it up? Dumb!

  280. uh oh by i8urtaco · · Score: 1

    you mean they were serious about that?

  281. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 1

    My ilk? Damn. That's a little harsh.

    Heck, I'm an engineer, too. I got a Master's in EE from the University of Florida, and I'm still working on my Ph.D. My wife and I also own a photo business.

    I don't think you understand how this works. We are more than willing to sell the copyright to our photos...after a wedding, we sell the high-res photo CD (we shoot digital, so there are no negatives) for $500. See, it's like this...we need to make, say, $2500 off a wedding for it to be worth our time. A wedding takes about 40 hours worth of work or so. First, there's the shooting on the wedding day. Then there's the processing, the editing, the retouching, the digital artwork, then the hosting on the website, etc etc.

    So, you've got two options. If you don't want to own the photos, pay us $2000. We'll give you a bunch of prints, and then we'll make the other $500 off your friends and family when they pay us for reprints. Or, you can just pay $2500, you own all the photos, and then you can deal with the hassle of making the prints and dealing with your friends and family. Either way...so long as we make our $2500, it's profitable and worth our time. So, take your pick...you can own the rights and pay more, or you can just get lots of prints and pay less.

    --
    We don't have a state-run media we have a media-run state.
  282. Re:Mega Corporations and their dying business mode by geekee · · Score: 1

    " The RIAA is trying to cling to its old business model, when it clearly does not apply to today's technological/economical reality."

    This sad arguement is still being pushed by the EFF even though the RIAA has provided legitimate means of downloading files online. This statement is so last week.

    "If they really want to stop piracy, or at least reduce it immensely, here's a recipe: Drop the price of a CD to $3.00. I bet you MP3 file sharing will go down the next day. But then... Ah, how's poor RIAA exec going to pay for his BMW? It's Easier to sue everybody."

    No company should be forced to adjust price through extortion, i.e. sell it to me cheaper, or I'll just take it anyway without paying you a penny. Even if they refused to offer songs online for a fee, you have no right to demand it that way. You simply have the right to offer to buy it that way, and they have the right accept or refuse. That's how free market works, which is a fundamental necessity for real freedom.

    --
    Vote for Pedro
  283. Need Website with non RIAA Labels by chris_mahan · · Score: 1

    Economic Warfare.

    Someone (you there) put together a site of non-RIAA labels, and we visit it, and buy music from those labels, and no music from the RIAA labels, so that they feel the heat.

    What I see is we boycott the smaller RIAA labels, so that they will have to drop out of the RIAA or go out of business. Then we maintain a action list of those who drop out and go buy their music.

    You see, the RIAA cannot live without it's members. Once Sony, Universal, and a couple of others are the only ones left on there, then the new artists will have choices.

    --

    "Piter, too, is dead."

  284. The ARTISTS pay for radio time, not the labels! by Fefe · · Score: 3, Informative

    The labels give the music to the radios but bill the artists for it. The artists also foot the bill for the rest of the promotion stuff, like ads in magazines.

    This is part of the reason why only a handful of the very successful artists actually make money.

    The labels are a sort of specialized bank, giving a lot of money to artists (well, not actually giving it to the artists, but spending it on behalf of the artists, and then billing the artists for it).

  285. Copyrights have got out of hand clearly, by TheRealJFM · · Score: 1

    but now the RIAA has started to completely reject the ideas of freedom of speech. Why should we be sued for the use of their own promotional tools. Isn't it clear that this is simply a case of the industries fear to lose what they have created?

    Beyond this I would say that some fault lies in the system of law that governs where the limit is on what information on the internet is private, and what is free for organisations to view.

    The UK can not be affected by organisations like the RIAA since the Data Protection Act prevents the aquisition of data without the permission of the end user. This means that the worms and other devices the RIAA are using world wide to gain IP addresses is infact illegal in this country, as illegal in fact as the viruses that we care so much about stopping.

    But they carry on. Just because what they are doing is legal in America doesn't mean that they should do it world wide.

    Am I wrong?

    --
    Joseph Farthing
    http://josephfarthing.com
  286. Fuck 'em... by The+Master+Control+P · · Score: 1

    I never have bought music from any RIAA artist, and they have now absolutely gauranteed that I never will, period. However, most people are too uncaring to mind when their rights are stolen by corporations. They just want their bread and circuses.

    But there must be SOME way to make people understand what is going on. Unfortunately, most large-scale distribution channels (TV, Newpaper, Radio) are owned by the very pigopolists that need to be run out of town, so you'll never see anything about these criminal activities on them. However, the one channel that they do not, and arguably CANNOT control is the internet.

    First, a simple letter explaining what needs to be done to correct these injustices. Write one, and E-Mail it to everyone in your address book, with explicit instructions to repeat the process. If the average pass-on rate is greater than one, the rate of sending will go supercritical and everyone will have no choice but to see it.

    Unfortunately, I strongly doubt that enough people would read the letter and even fewer would pass it on. However, there is a way to almost gaurantee that it gets passed on.

    The people who use linux don't need to see this; They probably already understand what's at stake. Most people who use a non-MS operating system probably do. And that is currently the critical advantage: The people who DO need to be educated are almost certainly using the world's most insecure OS, and the default insecure E-Mail client that comes with it. It would be a simple enough matter to create a virus [A term used loosely, as it usually implies malicious intent. The intent of this "virus" would be anything BUT malicious] that would access the users entire address book, and then send out a copy of the letter to them with itself attached.

    It would do no harm, and I would suppose you would be immune from prosecution in the unlikely event your are caught, as you did nothing bad to anyone. Your transmission rate would be gauranteed to be >1, and the message would almost immediately go supercritical. Before long, almost every inbox in the world would have a message in it with the subject "Are your rights being stolen?". Here's a sample message:

    Dear recipient,
    This message is to inform you that your rights are very likely being stolen from under you. If you do not live in the United States, you can ignore this message as it specifically pertains to American citizens.

    Since 9/11, much of your right to privacy has been gutted. New, vastly over-broad laws threaten the privacy of each and every one of us. Did you know, for example, that the requirements for the government to wiretap you have been substantially loosened by the the PATRIOT act? That the current Attorney General, John Ashcroft, attempted to create a domestic spy program named "TIPS" that encourages neighbors to spy on each other?

    Don't go into anything too specific or complex, just stay with the general idea. Offer a link to a mailing list to sign up to, perhaps. Explain what the government and some of the corporate cartels are up to. Don't get to virulent. Just lay it out, plain and simple.

    Ok, that concludes this...

    1. Re:Fuck 'em... by thebigmacd · · Score: 1

      What about the majority of us who block and/or detest receiving mass forwards, especially chain mail? I don't want my inbox junked up with 100 copies of the letter from people in my address book, which is inifinitely more likely than the other way around.

    2. Re:Fuck 'em... by The+Master+Control+P · · Score: 1

      I don't like it either, but unless you want to stoop to *gulp* spamming people, I don't see any other way to really make sure that the message genuinely goes through the whole 'net.

      On the other hand, if someone is willing to donate a t3 line to the cause, you could set up the virus to check with a flat database, check if any of it's intended recipients are in it, and if any aren't add them to it. There would be a slight lag time from each address book to the central list, but enough to keep the rate of unnecessary copes down considerably. After checking for double-sends, if could, if it's possible, check that each intended address is valid to avoid angering people with bounced mails.

      If there were any way other than rather surrepitious means to make sure that most everyone got at least one copy, I would love to know. But everyone who uses an internet-connected computer has got to be informed of what's going on. Most of them don't read any tech news website, and will be caught completely off-guard when they're sued for their life's savings. So I wouldn't like to do this either, but something has to be done to give the proles a sound kick in the butt.

  287. Maybe because you are a really untalented troll... by Anonymous Coward · · Score: 0

    This guy seem so impressive. One doesn't have to look very far for evidence.

  288. Re:Stop being a crybaby and pay for the damned mus by Foobar+of+Borg · · Score: 1
    Like I said, I'm a photographer. I do a lot of weddings, and one of the services I like to offer my brides is to put their wedding photos in a slideshow on a DVD, set to music. Makes it really easy to show all their friends and family their photos, because you can just drop the disc in the player, and show it to everybody on the big screen.

    Well, at first I thought I would like to put big-name songs on the DVD to go along with their photos. So I call up ASCAP, who manages the copyrights for just about every artist out there, and asked how much it would be to sync some big-name songs to my photos. I wanted to make about three copies of the DVD (one for the couple, and one for each set of parents). Try $50/song. Right...I'm only charging like $300 for the service as it is, and it takes a couple hours to set up one of these DVDs.


    I believe most photographers and videographers can use this kind of music as long as they use a CD that the client has purchased. This should fall under fair use (though barely) since it is for private, personal use. A lot of wedding videographers I have seen do this and the RIAA haven't gotten Medieval on them yet. This is just my understanding, though.

  289. Wow by Anonymous Coward · · Score: 0

    That took awhile. I heard about this a week ago... :wtf:

  290. Some Ideas...hehehe by Anonymous Coward · · Score: 0

    Since RIAA wants to use old business models, lets play in there court. Would it be so nice if everyone that has ever traded a file over P2P bought one share in a targeted RIAA company; for argurments sakes, lets pick AOL Time Warner. Then what happens is that AOL Time Warner has to mail out quarterly statments. So now that we have 45 million, then $16.65 Million in postage fees. Or we could have more fun and instead of doing that, we could clear out the board of directors. Now wouldn't that be fun. For a mere $15 or $20, we clear out the board of AOL Time Warner, and then move on to another company, say Sony's Label, and clear out their board. Pretty soon they would get the idea, and to think, we could do it for the price of one CD. I like to think of it as proactive boycotting.

    The second idea would be to ask President Bush for a pardon. Real simple, we just ask for a blanket pardon that would excuse all file trading in the past. That would halt all of RIAA current lawsuits, legally, and I don't know about you, but would win my vote in the next election. That would show the power of the internet -- a president re-elected because of pardoning all the internet users.

    Just some ideas. This of course is aside from a collusion law suit -- alleging that AOL Time Warner as a member of RIAA and the largest ISP colluded to pick on Verizion and others. This could be interesting, and could even take on an anti-trust edge, just for fun.

    Then we need anyone that is sued by RIAA to file individual counter-suits alleging collusion and anti-trust issues in the lowest level court that they can find in the federal branch. RIAA decided that 871 was a good number, and I think that 871 different federal counter suits in 871 different court rooms ought to keep them busy.

    The last thing that I think we need to do is to get a legal fund going on the internet so that people that are targetted by RIAA have a little cash to defend themselves. Money talks, and when a multi-million dollar defense fund shows up that will tell RIAA where to go and how to get their.

  291. Performance vs Distribution by PenguiN42 · · Score: 2, Insightful

    "File swapping on P2P is simply distributing the same tracks that the record labels PAY radio stations to broadcast to the public on the dime of the public itself. "

    You're confusing performance of the song -- playing it over a radio with very strict rules as to how the listeners can control what they're hearing -- and distribution -- getting a copy of the recording of the specific song you want.

    Yes, artists want their songs to get a lot of radio performance so that people will *buy* the actual distributions of the recordings. For many many people out there, mp3 sharing over the internet is not the equivalent of promotional performance, but rather the equivalent of getting the distribution.

    You try to write this point off by saying that "128K MP3s are promotional goods of NO commercial value outside their use in getting people to buy the real products." This is simply not true. MP3s are certainly *good enough* for most people as a "real product". Why do you think the online music craze skyrocketed with the mp3 format? I mean, we've had audio compression before then. But it wasn't good enough. Now it is.

    And maybe some people don't like the artifacts in a 128K mp3. For many of these people, increasing the bitrate makes it good enough. Where do you draw the line?

    You're also concentrating on audio quality, and ignoring a very important aspect -- the *on-demand* nature of distribution. Performance of recorded songs, like I said, has strict controls over the listeners' abilities to choose which songs they hear. Too much control, and it can be considered a song distribution medium, not just a performance one.

    ---
    Anyway, I hate the RIAA. They take too much money out of the whole process purely for profit, charge way too much for CDs, and give the artists way too little of a cut. I do think artists should get paid, but I wish I could do it more directly. I do download illegal music, but if I like it enough, I pretty much always go out and buy the actual CD.

    I do think mp3 spreading is helping the popularity of many artists. I do believe that the RIAA's claims of lost money from file sharing are *very* exaggerated, if not completely fabricated.

    But I think your assumption that free mp3 sharing is ONLY acting as a promotional tool is a very over-simplified standpoint. Certainly not worth the amount of bold and all-caps text you used on it.

    --
    The following sentence is true. The preceding sentence was false.
  292. We need to do 2 things... by PeeweeJD · · Score: 2

    1. Hit them where it hurts. Don't buy anymore of their precious copyrighted material. boycott-riaa.com has a RIAA membership list. Don't let them see a penny of your money.

    2. Get educated and vote. Vote politicians out of office that support these morons. These ignorant assholes are going to ruin our country. Standing up and voting will send a message that we are sick of these friggin lobbyists.

  293. Put the shoe on teh other foot... by Anonymous Coward · · Score: 0

    Imagine this...
    You play in a local band that is gaining steam around town.
    After each show you are selling more and more copies of your CD out of the trunk of your Ford Escort(although you soon hope to get that bangin' astrovan for all your gear:-).
    If someone decides to buy one of your CDs, take it home, copy it 1000 times and stand next to you at the next show and hand them out for free(while your trying to sell cds for the reasonable fee of 7 dollars), is this fair? NO!
    Your (the artist, copyright holder, whatever..) are the only one allowed to COPY and DISTRIBUTE this music.

    p2p lets the average kazaa user do (almost) exactly this , sometimes without the users knowledge. Copyright is exactly that, the exclusive RIGHT to COPY the material in question. Quit making excuses and the whole fight will be over.

    1. Re:Put the shoe on teh other foot... by sopwath · · Score: 1

      You're a troll but I have to respond anyway.

      I think we all understand that bands should get paid for their work. We also understand that copyright holder is the only one who gets to copy and distribute the music.

      It is entirely another thing for the RIAA to go after individuals who cannot defend themselves against a fleet of lawyers. They are not enforcing their copyright, they are trying to scare people by over litigating the competition to their outdated business model. Suing an individual for almost a hundred billion is going way beyond anything reasonable. Most normal minded people can see that.

      In adition to the pathetic excuses for enforcing their copyright, the RIAA is trying to justify huge expenses for a broken business model that doesn't pay off when they cannot seem to follow basic economic principles of supply and demand.

  294. Time to break the bastards by fishdan · · Score: 2, Insightful
    Here's the best option. Break the bastards. You advise not breaking the law? I say screw that -- let's REALLY start breaking this law. Bottom line, I disagree with this law, so my civil disobedience is going to be sharing every piece of music/video I can find. We've been pussyfooting around this issue too long to not have SOMEONE step up and say it.

    If we want the system to change, maybe we need to REALLY work at changing it, and that means bankrupting the record labels. You can help. Share everything you have. Turn other people on to file sharing. Rip everythig you come across, even if you don't like it, then find someone who DOES like it and will share it for a while, and give it to them. Use newsgroups and Xnews, BT, Waste, kazaalite ---EVERYTHING, and share it up. Start putting shares on public computers at libraries and universities and internet cafes. They want to kill you? Fine, but you should be doing your best to try to kill them to. Also, support free music during this time. If three is a local band that allows you to download their music for free, go see them, and tell them you're there BECAUSE you dig their music. If we all put an hour a week into really promoting p2p by redistributing quality content, this war would be over in 6 months.

    It's only feasible for them to sue while there is still something there for them to protect. Let's try to really start hurting their profits, rather than passively doing so by just file-sharing.

    --
    Nothing great was ever achieved without enthusiasm
  295. Re:Hilary Rosen is Tubgirl by Anonymous Coward · · Score: 0

    Nah I heard she was just a fat ho that likes to suck off everyone in washington! :D

  296. Re:GNU NOW! by DeepRedux · · Score: 1
    The DMCA gives ISPs a "Safe Harbor". It is similar to "common carrier" status, in that ISPs are not liable for copyright violations of their customers.

    There are limits. ISPs must be registered with the government. They lose their Safe Harbor if they allow violations to continue after they become aware of them.

  297. Re:Stop being a crybaby and pay for the damned mus by meta-monkey · · Score: 2, Insightful

    Maybe, but you're on really shaky ground. If it turns out you're wrong, and they find out, and they sue you (and their lawyers cost a lot more than anybody you can afford), then you're screwed. I know several videographers, and they're in the same boat. So, nobody's willing to take the chance.

    --
    We don't have a state-run media we have a media-run state.
  298. That was a good post. by Anonymous Coward · · Score: 0

    If I had mod points
    I'd rate this an insightfull.
    And give you karma.

  299. an obvious point by alizard · · Score: 2, Informative
    You're confusing performance of the song -- playing it over a radio with very strict rules as to how the listeners can control what they're hearing -- and distribution -- getting a copy of the recording of the specific song you want.

    I regard this as a distinction without a difference from the point of view of exposing the audience to promotional material.

    Yes, artists want their songs to get a lot of radio performance so that people will *buy* the actual distributions of the recordings.

    For many many people out there, mp3 sharing over the internet is not the equivalent of promotional performance, but rather the equivalent of getting the distribution.

    I regard your second statement as completely unproven, though the claim plays a part in RIAA propaganda. Evidence, please.

    You try to write this point off by saying that "128K MP3s are promotional goods of NO commercial value outside their use in getting people to buy the real products." This is simply not true. MP3s are certainly *good enough* for most people as a "real product".

    Then why does iTunes make the claim that their format is higher quality than MP3?

    A "real product" is something you can get people to pay for. Where is the commercial market for broadcast quality MP3?

    While Joe Sixpack may not understand psychoacoustic masking and dynamic range and frequency response and the difference between lossy and lossless compression, he does know that CD audio sounds better on his home or college dorm stereo system. And if the music matters to him, he goes out and buys the CD regardless of whether he got to listen to the MP3 from the radio (128K MP3 is the universal broadcast automation format) or P2P or a drastically degraded Internet Radio stream. If the music doesn't matter to him, he wouldn't have bought it regardless of the medium he heard it on.

    Why do you think the online music craze skyrocketed with the mp3 format? I mean, we've had audio compression before then. But it wasn't good enough. Now it is.

    For casual listening, certainly. If you're out jogging with a portable MP3 player or driving with a car stereo, you'd better not be concentrating on the music.

    And maybe some people don't like the artifacts in a 128K mp3. For many of these people, increasing the bitrate makes it good enough. Where do you draw the line?

    128K MP3 is also the universal format used for broadcast automation software packages. I think 128K is a perfectly good place to draw the line between "promotional material" and "digital product", and I believe that 128K MP3 or lower quality should be subject to mandatory licensing for commercial / non-profit use based on the broadcast industry model that has served not only users, but the music industry over the years. If the quality is better than that and no permissions for use have been given, I'll hand the RIAA the book to throw myself.

    I work with a musician on getting her material promoted, and that's the line I've advised her to draw. Note that we also have downloadable tracks on our site. In 128K MP3 format.

    You're also concentrating on audio quality, and ignoring a very important aspect -- the *on-demand* nature of distribution. Performance of recorded songs, like I said, has strict controls over the listeners' abilities to choose which songs they hear. Too much control, and it can be considered a song distribution medium, not just a performance one.

    I regard this as a distinction without a significant difference in this context.

    Anyway, I hate the RIAA. They take too much money out of the whole process purely for profit, charge way too much for CDs, and give the artists way too little of a cut. I do think artists should get paid, but I wish I could do it more directly. I do download illegal music, but if I like it enough, I pretty much always go out and buy the actual CD.

    Just like everybody else.

    And you reinforce the

    1. Re:an obvious point by PenguiN42 · · Score: 1

      Alright. You keep claiming that NO ONE uses mp3's as a final product, NO ONE accepts the quality of mp3's as good enough for distribution, EVERYONE uses MP3s for promotion ONLY, etc etc.

      However, there is plenty of evidence to the contrary -- friends and acquaintances of mine who have huge mp3 collections that they downloaded illegally, listen to, burn onto cds, and use as their primary music collection without even buying the actual cd or paying the artists. I'm not saying all music sharers are like this, but if you're trying to deny that they exist at all, you're gonna have to come up with some MONDO evidence to prove that point. Otherwise, you're living in some sort of strange fantasy that you constructed to make your argument against the RIAA artificially easier.

      It seems like a more reasonable position would be to argue that mp3 distribution helps artists with promotional value more than it hurts them through lost sales, then I'd agree with that. But you're saying that people *never* use mp3s as a replacement for buying the album. *EVER*. I can't agree with that.

      If you don't think people would pay for MP3's, you obviously haven't seen sites such as http://www.emusic.com/

      It doesn't matter to a record sale whether or not the user hears music via P2P or Internet Radio or FM radio, a user has to hear it somewhere before he decides to buy or not to. Why do you buy CDs? If MP3 is "good enough", why not get an artist's address and send him a check for $5 or $10?

      Simple: buying the CD is easy and convenient. I'm too lazy to send money to the artist directly. Also, I like the album art.

      However, i generally cannot tell the difference between an mp3 and the uncompressed version of a song, unless the mp3 was done *really* badly. Not all consumers have ultra-sensitive audiophile ears. Some of us just like the *music*.

      --
      The following sentence is true. The preceding sentence was false.
  300. The Subpoenas, are you a target? Find out.. by thumbtack · · Score: 1

    If you have a ECF/Pacer account you access the court doucments you can find out. Just go to http://ecf.dcd.uscourts.gov). There is a liink there to open a pacer account. You need an account -- access costs a 7 cents per page, but is otherwise public via the web. The subpoenas include usernames.

    1. Re:The Subpoenas, are you a target? Find out.. by vegetablespork · · Score: 1
      And unless things have changed, Pacer doesn't actually bill until you reach $10 in charges.

      Thanks for the pointer--do you have some search terms you could share?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  301. Re: definition. by Anonymous Coward · · Score: 0

    Being broke and virtuous don't have to go hand in hand, do they? Please tell me that they don't.

    If that is the case, then people will simply re-define what it means to be virtuous.

  302. Drive By Truckers by Windcatcher · · Score: 1

    They're a group on an independent label, sold by milesofmusic.com. I just got their dual album ("Southern Rock Opera") in the mail and it's AWESOME. I showed it to a friend of mine (who happens to be a trucker :) ) and he said he wanted one of Miles of Music's catalogs. After all the urban/J-Lo/Britney garbage THAT I CAN'T RELATE TO AND WILL *NEVER* LIKE this is a breath of fresh air.

    /tirade mode on

    It seems like every time I turn on the radio I can only handle maybe a minute before I have to turn it off and put on a CD. While I think the RIAA has twisted the Framers' intent for copyright past all sense and logic, at least half of my antipathy for them stems from the fact that they must apparently think of me and people like me as undiscriminating cattle. I can think of no other reason why they would spew such monolithic garbage year after year. I'm not an urbanite, nor do I ever wish to be. I can't relate to life around the "gangstas", and I neither dress, speak, nor look like these people the RIAA is pushing as America's seeming role models. Furthermore, I do *not* appreciate the intimation that I should surrender my culture or view of social norms for what they're pushing. As far as I'm concerned, it'll be a cold day in Hell before I buy anything from them again.

  303. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    You score a touchdown with that Big Brother Copyright Control comment, indeed I'm sure that if the Money lords of audio or video could have their way, they would charge you every time you whistled "Shave and a Haircut, two Bits!!!" Kudos to your observations and well expressed Beliefs...................
    The applausing Anonymous Coward.

  304. Access to the subpoenas? by Anonymous Coward · · Score: 0

    Can someone find out where we can view the subpoenas on-line or get access to the subpoenas and post them on-line? Or at the least post information about how to go about getting access to the information?

    I am sure many people want to know.

    Thx

    Please mod the question up.

  305. What? by wickedsun · · Score: 1

    This fight has gone out of proportion. This RIAA thing, to me, looks like a QuakeFest with real people's lives. 150k for a song, and nobody really lost anything (as compared to really stealing a cd from a store). I dont even see the logic behind IP.

    Also, when you buy a car, what would you do if the dealer said "You can watch the car, but it would be IP theft if you actualy tried the car without buying it.", because it would be the same situation, except that car companies want to sell their cars because they are GOOD. And people should SEE FOR THEMSELVES _BEFORE_ buying the product.

    Granted, a car is a greater investment. But I dont see anywhere in the law where it says "Applicable only if it costs less than , otherwise, IP theft does not occur.". If I download MP3s of a band, and that I actualy like more than 3 song, I'll buy the cd, because I will beleive they DESERVE it. If I dont like it? Well I'll delete the mp3 and never listen to it again..?

    The entertainment industry is having major issues, and file swapping is not the problem. All the movies, lately, have been shitty. We dont see GREAT movies anymore. Once in a while we do, and then its worth paying the fee to go watch it in a theatre, and then buy the DVD.

    Is it so bad to try-and-buy for the industry? You bet your ass it is! Why? Because most of the music just plain SUCKS. They sell you that one CD (1 easy payment of $15.99) which has 1 or 2 good songs on it. That's $8/song.

    Also, if I bought the cd, then lost it, did my license end? I think not. Will they send you a new one? Dream on it. Downloading it seems to be the only solution (other than buying a 2nd license for the same person). But then, how can you prove you had it in the first place? Well, you can't. That's the beauty of it, you pay them by buying cds, they sue you because you downloaded it! It's a win-win situation.

    Also, I have been wondering about something. What if 2 person buy 1 cd, they each pay half of it. Which means, they both own "half a license". I am not to sure what the law has to say about that one tho. But I was thinking, what if 100 people paid 20 cent each? Would it be legal for the 100 people to listen to it? Just a thought.

    Anyway, its getting late.

  306. Wait until... by Windcatcher · · Score: 2, Insightful

    Another 20 years go by.

    When, instead of portable (read, pocket-sized) 20Gb music players, we have 20Tb players, with CPU speeds to match.

    When the faster CPUs allow use of far superior sound compression algorithms that better model the sources of sound...

    When transfer speeds make USB 2.0 look like RS232...

    When said handheld players will be able to contain not your entire present music collection, but nigh all music in recorded history.

    When all you might ever lack on any given day is the newest music, and that's assuming you even like it (since you're 20 years older), or even have the time to listen to it (since you'll have so much already).

    While P2P is a terrible thing in the eyes of the RIAA, I can't help but think back to the '80's and two things of the past:

    - recordable audio cassettes
    - recordable videotape

    Both involve magnetic tape that holds practically nothing compared to recordable media today, and it takes *forever* to record onto them. Yet, they scared the record and movie industries to death, to such a degree that the movie industry tried to kill VCRs.

    The implications for the future are staggering by comparison. Not only is it *digital* media, its size and ease of recording will, IMHO, be the *real* nail in the RIAA's coffin, *not* the Internet. When you can get in your car, head ofer to your buddy's house, and transfer all music in human history, that will be the true death knell for any company seeking to profit from an artist's efforts. Organizations like the RIAA consume far more in funds and resources than are necessary to support individual artists; when those funds start drying up, there must eventually come a breaking point where being affiliated with the RIAA is a financial liability. After all, who here still pays someone to deliver ice--or milk? The RIAA *will* go the way of the dodo, but I don't think P2P will be their killer asteroid, it will be the slow, steady march of technology.

    Will they pay exhorbitant sums to our legislators to close the "analog hole"? They may try, but I doubt such an effort can succeed. Unless they can ban general-purpose programmable computers and resistors, anyone can digitize sound and put it into an open format. I don't care how much clout the RIAA has with Congress, the tech industry is ten times their size and will not suffer being downgraded to the era of Timex-Sinclair ZX-80's and TI-99/4A's. May as well tell everyone to turn in all their cars and TV's and go back to radio with vacuum tubes.

    Slightly OT late-night idea ahead...

    As I type this, one way to speed the process might be to create a slick-as-butter, easy-to-use way for beginning artists to get some airtime. How about something simple where websites could run some Java or Javascript that let users listen to a minute of an indie artist's song? Indie artists could sign up at some central site, and any website running this Java or Javascript would go out to the site, pick an artist at random, and pull a minute of music that it can play if the user clicks the play button...

  307. Some corporations are more evil than others by cyberformer · · Score: 1

    As we all know, corporations are greedy, amoral and only interested in profit. But there is a difference between how they go about that, and Verizon is perhaps the least worst of the Baby Bell monopolies. Of course, that isn't difficult: SBC is trying to sue everyone who uses frames in a Web site, and Qwest is appealing to the Supreme Court that it has a first ammendment right to sell its customers' private information.

    Still, Verizon does deserve a small amount of credit for standing up to the RIAA. Many corporations (Verizon included) consider their public image very important, as we can see from the huge amount of money they spend on stupid advertising and PR in an attempt to persuade people that they're not evil. If they see that actually doing non-evil things can gain them a good reputation, they will do more non-evil things.

    1. Re:Some corporations are more evil than others by Lost+Race · · Score: 1
      Agreed. Enemy of my enemy, and all that. We must not be fooled by appearances though; Verizon did not fight RIAA for any noble purpose, not even for the PR value of it.

      There are companies that will do the right thing just for the sake of doing the right thing, because they are controlled by honorable people. Verizon is not one of them. Probably no publically traded corporation could fit that description. Corporate officers do not have the freedom to direct the company according to their personal honor or in the interests of any entity other than their corporation and its shareholders.

      Perhaps I'm overly cynical; perhaps corporations can occasionally be steered by determined officers in the right direction (for the greater good) even to their own slight detriment. But just look at Verizon's track record. If you've ever been their customer you'll know what I mean. They would never ever ever do anything to help anybody but themselves.

  308. I'm kinda curious... by syukton · · Score: 1

    If I leave my front door open and somebody walks into my house, grabs my television, and walks off with it, will the police arrest me for leaving my door open or the thief for taking the TV? ... It seems to me like the RIAA's new practice of suing those who "leave the front door open" is ludicrous, and it shouldn't stand up in court. It's not the sharer who is breaking the law, but the person who decides to actually download the file.

    I'm also curious how they're going about verifying that the shared song is indeed a new Michael Jackson single; do they just guess based on the filename? I can put 5 megabytes of random garbage into a file and call it "Michael Jackson - Supaleet New Single.mp3" in less than ten seconds. OR, is the RIAA going around downloading the files named as such in order to find out if they're actually copies of the music they are supposed to protect? If so, wouldn't they in essence be the thieves walking off with the aformentioned television? I would find it ironic if, in their policing of the internet, they are rampantly breaking the law they are claiming to try and uphold. It almost makes me want to set up a honeypot of sorts on the fasttrack network to attract the RIAA hounds; just to see what they're up to.

    And finally, my very last point (although a very nitpicky one that I hope I don't get modded down for) is that you cannot digitally COPY audio from an analog source. Way back when I had my first Digital Music class in college, I learned that analog sound (like on a vinyl record or cassette tape--remember those?) is stored in a very pure and very clean wave, while digital sound is stored as a stair-stepped approximation of the sound which is (depending on the sampling rate) a pretty close *approximation* of the original source analog sound. Digitally recording any analog audio source guarantees that you end up with a likeness of the original audio, but not a true copy. This "likeness" becomes even less like the original when you compress the data with MP3 or OGG Vorbis algorithms. At that point it isn't just digital audio, either--it is raw binary data which needs an appropriate interpreter in order to re-create the audible approximation of the original analog source. Of course, I'm sure the working legal definition of copy includes the synonyms of: impersonate, approximate, make a likeness of, imitate, and etc. Oh yes, "etc" is most-likely part of the definition--this is America we're talking about, after all. ;) I'm not totally certain on the legal definition of "copy" when it comes to music, though, is anyone able to shed some light on it?

    --
    Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
  309. honeypots by wdebruij · · Score: 2, Interesting

    Disregarding the usual legal vs. legitimate discussion that always takes place after these kinds of posts for a second, let's focus on the technical hurdles the RIAA has to take.

    There are plenty of options out there to cover your tracks if your dealing with illegal content, e.g. the new Kazaalite and Freenet. What about doing it the other way around?

    Do a massive rename of legal songs into Britney Spears, Michael Jackson, etc. The songs are legal, yet the RIAA will try to sue you. If enough people do it they won't know where to begin. You don't think they actually listen to the songs, right? It's the same they where trying to do on the Kazaa network a year or so ago, themselves.

    To make sure these servers don't bring the networks down a few precautions have to be made. Don't actually share your content: throttle down the upload transfer maximum. Then, open up your listing to everyone. You will be spotted soon enough. ... and use a different client for your real downloading needs. If 40M people would try this the RIAA would have to stop soon enough.

  310. I'm going to get rich from this! by pair-a-noyd · · Score: 1

    I'm going to setup a spare pc as a p2p server and load it up with *FAKE* Madoona, Brittny Spears and Metallica files and sit back.

    When they file a suit against me I'll hand it over to my lawyer and counter-sue them.

    $$$ for me.... So sorry RIAA and MPAA, you greedy f*cks just suck and deserve it...

  311. Something to think about. by Anonymous Coward · · Score: 0

    Everyone can bitch and complain all they want, here is the deal, GET THE WORD OUT! Postings on any web site do no good, if your gonna fight back, FIGHT BACk dont just sit and bitch and whine. Alot of people dont know about slashdot or different types of file sharing. Most people are just point and click, think about it AOL & Yahoo. Get into these point and click Microsoft drones worlds, and explain to them what is going to happen. You want an army, MAKE ONE!!!

  312. I called my rep. and my senators by Anonymous Coward · · Score: 0

    and asked them to declare the RIAA and MPAA to be designated as domestic terrorist organizations.
    Seriously.
    I said that I didn't agree with copyright violation.
    I also said that I didn't really expect them to be designated, but was making the request for political effect.
    Enby in Waltham

  313. sweet! by Anonymous Coward · · Score: 0
    As if we needed you here to tell us what we all would appreciate and could do without.
    Loundry nails it! Only bitchez work for the RIAA so save your money and invest in hemp!!! McDonalds rulez 4evah!!!!!!
  314. A few months to go by alizard · · Score: 1
    As for independents, I don't know if I can support them. I'm afraid that they will get more successful and change their tunes or join an RIAA company, at which point I've helped another person to get into the system. It's a tough call for me.

    I wouldn't worry about that. Musicians aren't stupid, and getting on board with a major label at this point is like buying a ticket and boarding the Titanic while it is visibly sinking.

    Anyone getting a contract now is liable to find that by the time they've finished their first album, nobody's around at their label to service their account because it's just been sold to somebody with no current connection to the music industry and the few people left have no idea who's running things.

    When the labels go down, it's over. All the investors who buy the "tainted brands" will want will be catalogues and artist contracts. Why would they want the management that made the labels affordable by running them into the ground? The people who can magically transform $10B companies into $1B companies are not exactly in great demand. We saw enough of that during the dot.com crash.

    My analysis of news and trends says... we're no longer talking years before the major labels go down. They've got a few months to go if they are very, very lucky.

    And when they start getting sold by their multinational whose patience with the label CEOs PIRACY!!! excuses have run out and fear their own stock prices dropping if they continue public association with the RIAA labels, they'll get sold at fire-sale prices (what good is a brand that people go out of their way to avoid?) to investors who will have something entirely different in mind and whose first move will be to take their labels out of the RIAA.

  315. Breaking the Law by Redbw6 · · Score: 1

    As much of a convenience as downloading is why don't you all realize that you ARE BREAKING THE LAW. Downloading is illegal, cut the RIAA some slack. They're just trying to crack down on something that isn't right.

  316. Moderation policies by alexo · · Score: 1

    I firmly believe that the moderation boxes should not appear it you are filtering at above zero.

    Either that, or moderating anything which is already above 1 should cost 2 points.

  317. New incentives by digtl88 · · Score: 1

    Labels are just going to have to think of more exciting incentives in order to get consumers to buy the actual album compared to stealing it. It may not reach everyone but people like free stuff or "extras" "perks".

  318. Re:Stop being a crybaby and pay for the damned mus by mink · · Score: 1

    So if a song is a corporate work for hire and the copyright is owned by the corporation, how do the copyright laws apply? Life plus 70 years for an immortal corporation?

    --
    Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  319. Stop thief, that man stole my new song! get him by Anonymous Coward · · Score: 0

    When the MP3 format was created it gave me a chance to finally convert all of my Albums/Cassette's into a format that was useful, I was not using CD's at the time but having music on my computers was very good (being 45 years old I am a vinyl / tape kinda guy). When Napster came out I began to trade just like everyone else, but not new music, mostly my old 50's 60's and 70's stuff and some bootleg Grateful Dead and David Bowie. Some of the old albums I could never find on CD (Quicksilver Messenger Service, Emerson Lake & Palmer, MC5, Todd Rundgren) so I converted all of my vinyl over to MP3 files. Trading on Napster was really a way to finish out my collection, for instance, I had a broken cassette of LA Woman by the Doors, but not vinyl, so I traded for that on Napster. I had an album by Emerson Lake & Palmer with one side painted with spray paint, so it was useless, I got the songs off Napster that I needed to complete the album. Sure I got a lot of free music, that's for sure. Currently I use Peer to peer to "trade," usually it is to get an old album, I just got King Crimson's Lizard album, I know I have that somewhere in the attic, I also just got Deep Purple's Stormbringer, I've got the cover but no album, and sometimes I get a new album, I traded for the new Fleetwood Mac CD, it was pretty good so I went and purchased it, the same thing with Santana, and Michelle Branch. I also like some other artists, Stone Temple Pilots, Garbage, Pink, so I download their music, just a song or two or sometimes their whole album. If I really like the cd I'll buy it but sometimes I don't or sometimes I buy it and give it to the local library. Lately, many good bands debut CD is great then the next one is a bust, Pearl Jam 10 was great, their next one, crap! I remember never missing an album by the Beatles, Stones or Pink Floyd, they were all great, but that is not the way it is these days. So what's the point, how do I feel about this new RIAA threat. Well since I was a kid I have been "stealing" music. I traded vinyl 45's for Albums, I bought used records and taped them on Cassette's then sold them back. I borrowed from friends, the Library or anywhere, and taped the record. But I also bought, I bought a lot of records and cassette tapes and have a large collection, mostly in my attic. When CD-R became mainstream I took all of my music CD's and turned them into MP3's. Why? Because my house was networked, and computers were in every room, and it was easier to click "All Beatles" and play music than to load a bunch of CD's in a stereo in the living room. I got an MP3 player for my cars, and now have 2 or 3 CD's as opposed to 20 or 30 stored in the glove box. I can put copies in each car. I guess I am a thief. The RIAA says that I might as well go into a store and take the CD like a common shoplifter, maybe they are correct. I know that the RIAA is supposed to be the voice of the recording industry, and that is why a lot of musicians don't really speak out on this issue, I mean it's like "We pay the RIAA to be our voice" but is that what musicians are really saying? I think the RIAA is really just the voice of the Recording Business, not really the muscians. What I don't understand is this. If a company like Sony Music is going to sue people who steal music from their clients, why are they selling millions in CDr burners and billions of blank CD's. What do they think their customers are doing with those blanks, putting pictures of their last vacation on them! I don't think so! It looks like the record business wants it both ways! This is not an easy problem to solve, but taking me and hundreds of others to court and charging us $163,000 for each song we downloaded is not going to stop downloading. The RIAA only sees the surface, what about all of the "invisible" FTP servers out there! what about the "music swapping parties." It is like they are trying to hold back water using their hands, you just can't do it. But I still buy tickets to the Eagles concert, I've got an MP3.com and a Led Zep t-shirt and the latest CD from Neil

  320. Re:Stop being a crybaby and pay for the damned mus by Anonymous Coward · · Score: 0

    "Only in the 20th century did the idea of "intellectual property" arise. It is a new idea, a meme that could eventually retard science, medicine, art, politics, teaching, the list is endless."

    It's already starting to retard other areas of our lives....
    If the Humane Genome Project didn't patent the entire Human Genome as open source, then a private company would have patented it for themselves, and every doctor and scientist who would've wanted to help mankind by using their ideas against the Human Genome, would've had to pay licencing fees to some company, for using something that's in everyone of us!