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SBC Fights RIAA Over DMCA Subpoenas

NaDrew writes "SFGate.com is running an AP article about Pac Bell's Internet arm suing music industry over file-sharer IDs. 'The suit also called to question some sections of the Digital Millennium Copyright Act, the federal law the RIAA contends supports its latest legal actions. A spokesman for SBC said the RIAA's use of the DMCA in its legal quest for online song-sharers butts up against the privacy rights of SBC's customers. "The action taken by SBC Internet Services is intended to protect the privacy of our customers," said SBC spokesman Larry Meyer.'" So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.

455 comments

  1. What chance do they have of winning this? by mjmalone · · Score: 4, Interesting

    I am totally against the DMCA, but how much of a chance do you think SBC has of winning? It looks like they are basically saying that by following the DMCA they will be breaking a contractual agreement with their costumers, but this will not hold up in court (or will it?) I suppose the arguement that the RIAA did not follow procedure could work, but one would assume that would just lead to the RIAA re-filing using proper procedure. In any case, it is nice that some people are still fighting this and not just bending over for the RIAA like some companies (comcast).

    1. Re:What chance do they have of winning this? by kmak · · Score: 1

      Though the odds are definitely against them, it seems like a good enough argument (legally) that has a decent chance of winning...

      Of course, it always helps to have someone with money to throw around..

      --

      I'm not the devil.. just his advocate.
    2. Re:What chance do they have of winning this? by Anonymous Coward · · Score: 0

      RTFA. you'll see SBC's viewpoint.

    3. Re:What chance do they have of winning this? by 91degrees · · Score: 4, Insightful

      They can probably get the subpoenas thrown out on a technicality quite easily. The rest of the arguments are a little trickier. Declaring laws unconstitutional can always be a problem.

    4. Re:What chance do they have of winning this? by mjmalone · · Score: 2, Interesting

      I read the article. It said that SBC thinks they should have recieved the documents in a california court, and that they are worded to broadly. Like I said, even if this argument wins wouldn't it just lead to the RIAA rewriting the subpeonas and submitting them in california? The arguement that following the DMCA will break a contractual agreement won't work (I dont think).

    5. Re:What chance do they have of winning this? by lordvdr · · Score: 5, Informative
      Well, SBC is a REALLY BIG company. Actually, some quick research:
      SBC Revenue for 2002: 34B+- change
      RIAA reports total retail value of shipped CDs in 2002: 12B+-

      That gives SBC a much bigger chance. And you noones going to say that SBC doesn't have lobbyists. :)

      And suppose that SBC does win (or some other company for that matter) and even that particular portion of the DMCA (subpoenas w/o judges) gets killed. Yes, RIAA will reissue following proper procedure. But that's much more expensive, much more time consuming, and much more frowned upon (CA has a litigous company law, and TX just don't put up w/ that sh.t.). The RIAA's 75/day stat I heard somewhere would probably drop to something like 75/mo. In the end, RIAA loses, the DMCA loses, and Kazaa will continue. -lv

      --
      If you are out to describe the truth, leave elegance to the tailor - Albert Einstein
    6. Re:What chance do they have of winning this? by rgbrenner · · Score: 1
    7. Re:What chance do they have of winning this? by Malicious · · Score: 0

      A better question, would be which existed first? The contract, or the DMCA?

      --
      01101001001000000110000101101101001000000110001001 10000101110100011011010110000101101110
    8. Re:What chance do they have of winning this? by Anonymous Coward · · Score: 0

      Did I violate the DMCA because I decoded your sig?

    9. Re:What chance do they have of winning this? by Nazmun · · Score: 1

      The RIAA has much more experience in fighting in the courtroom and washington with concern to file sharing.

      --
      Hmmm... Pie...
    10. Re:What chance do they have of winning this? by 91degrees · · Score: 1

      Because moderators don't know shit

    11. Re:What chance do they have of winning this? by Geek+of+Tech · · Score: 1

      Yeah, probably helps that they basically wrote the laws.

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      Stop the Slashdot effect! Don't read the articles!
    12. Re:What chance do they have of winning this? by Anonymous Coward · · Score: 1, Interesting

      SBC is huge and they are skilled with lobbying.

      If they can put pressure on the government to reconsider parts of the DMCA, that could actually be a good thing for a change.

    13. Re:What chance do they have of winning this? by DickBreath · · Score: 4, Insightful

      The RIAA has much more experience in fighting in the courtroom and washington with concern to file sharing.

      The baby bells have been playing the political game longer than the RIAA has even existed.

      The telecom industry is heavily regulated. Believe me these boys know how to play political games.

      --

      I'll see your senator, and I'll raise you two judges.
    14. Re:What chance do they have of winning this? by daviddennis · · Score: 1

      I'm against piracy, so I don't really like file sharing, but I don't hate file sharing enough to want the RIAA to win. It just seems like too much.

      I will pay my phone bill with a little appreciation this month, since I'm glad my phone company had the guts to take a stand. Maybe I'll even pay it early.

      D

    15. Re:What chance do they have of winning this? by Melantha_Bacchae · · Score: 1

      An AC wrote:

      > SBC is huge and they are skilled with lobbying.
      >
      > If they can put pressure on the government to reconsider
      > parts of the DMCA, that could actually be a good thing
      > for a change.

      Challenging the traditional foe of the world's biggest monster on said monster's birthday ("Mothra" was released in Japan on July 30, 1961) isn't going to hurt them either. SBC may be huge, but the original Mothra with a 820 foot wingspan is nothing to sneeze at, as she has been described as the one power greater than the world's greatest superpower.

      Mothra is currently filming her newest movie, but she is expected to come to the US in August to battle the King of Terror (fight to be televised by the SciFi channel on August 31st - two new Godzilla movies will premiere in the US on the same day and channel). The Godzilla Prediction Network has posted attack warnings covering much of the continental US, especially the east and west coasts, for Mothra, Godzilla, King Ghidora, Baragon, Megagiras, Death Ghidora, and Dagara.

      It has been noted that reformation of character is an excellent deterrent of Mothra attacks, because she only attacks for just reasons. The RIAA is encouraged to heed this advice, and quit being mean to their member labels' artists and customers, and to other businesses like SBC.

    16. Re:What chance do they have of winning this? by ImaLamer · · Score: 0

      "And you noones going to say that SBC doesn't have lobbyists. :)"

      In general the telecommunications industry has a stake that is much larger than music. Not only does it provide the backbone for all business in the country today, okay 99%, but it also makes money for the country at large on several fronts.

      The music industry, with acts such as Eminem and Beyonce, along with Radiohead and Cat Stevens only cause problems with the government.

      Who will they side with?

    17. Re:What chance do they have of winning this? by Anonymous Coward · · Score: 0

      What SBC is doing is standing by their customers, comcast is standing by RIAA, by doin this Comcats and other coward ISP's are llosing business. Really who would you trust more. RIAA revenue was 12 billion dollars. SBC and Verizon combined is a 78 billion dollar comapny. If SBC and Verixon keep throwing they are going to win, SBC can buy anybody they want, anybody. Also there losses will be recovered by huge amounts of new revenue. Think how many people are going to switch to SBC. RIAA doesn't have a chance. There willbe appeals for atleast 10 years. What SBC is doing is great by my opinion, I support them 100% and would even donate towards there cause.

    18. Re:What chance do they have of winning this? by CodeGorilla · · Score: 1

      Who has more money and more paid politicians, er, lobbyists? I'll put $5 on SBC to win, and $5 on the RIAA to look like the technologically ignorant buffoons they are. And I NEVER imagined I'd be cheering for SBC....

    19. Re:What chance do they have of winning this? by mkldev · · Score: 1
      Hmm. I don't know which is scarier... the thought of SBC winning or the thought of the RIAA winning. The lesser of two evils... the enemy of my enemy is my enemy? Aargh, the confusion!

      --
      120 character sigs suck. Make it 250.
    20. Re:What chance do they have of winning this? by Anthony+Boyd · · Score: 1
      noones going to say that SBC doesn't have lobbyists

      Peter Noone? What does Herman's Hermits have to do with an SBC/RIAA battle? Oh no! Surely Peter hasn't chosen to side with the RIAA?

    21. Re:What chance do they have of winning this? by matty619 · · Score: 1
      The complaint also seeks a jury trial.

      This is a smart move. If they can get the outcome of this case decided by 12 average people, I think they have a pretty good chance of getting whatever they ask for. The only question is, will that ruling eventually be overturned in the supreme court a few years from now.

      -M@

    22. Re:What chance do they have of winning this? by Angry+Pixie · · Score: 1

      SBC Ameritech has pretty much pissed off every jurisdiction in which they service, so SBC would have a difficult time courting favor in any courtroom.

      A court might easily consider SBC's obligations under the DMCA as a separate from any obligations under Contract Law to SBC customers. The DMCA would likely trump any preexisting contractual obligations, and that wouldn't be an Expos Facto application of the DMCA law. I think in that circumstance, SBC would have to revise its terms of service and privacy policy. As for existing customers, well... SBC revises its policies all the time. Customers would just be free to leave, not that they could easily get away.

    23. Re:What chance do they have of winning this? by ScrewMaster · · Score: 1

      Well, that's not entirely true. The Baby Bells have only existed as truly independent entities since the breakup of AT&T in 1984. At that time, AT&T agreed to divest itself of it's twenty-two RBOCs (Regional Bell Operating Companies.) However, until that point AT&T leadership was largely responsible for interaction with the Federal Government.

      But you're right ... the Baby Bells and AT&T are certainly on the same side here (oddly enough, the same side that we are on, for now), and they do know how to run a courtroom battle. The original antitrust suit against AT&T was instituted in 1974, and took ten years to win.

      Ultimately, however, it isn't some noble desire to see their customers' rights (whatever they are anymore) preserved, but a fundamental, and correct, unwillingness to become the government's Internet copyright enforcement division.

      As has been said elsewhere on Slashdot, the communications industry alone commands resources far beyond anything the MPAA and RIAA combined could ever muster. The question is whether they can build an organized resistance to this flood of bad law in time to prevent a disaster. And if they do ... will the situation for Joe Consumer be any better? After all, the caliber of people that run the likes of AT&T and SBC are just as monopolistic, and nearly as indifferent to consumers needs than Hilary Rosen or Jack Valenti.

      --
      The higher the technology, the sharper that two-edged sword.
  2. It was inevitable. by James+A.+A.+Joyce · · Score: 4, Insightful

    "Pacific Bell Internet Services jumped into the contentious music-downloading fray late Wednesday, filing a lawsuit against the recording industry and questioning the constitutionality of the industry's effort to track down online music sharers." (emphasis mine)

    Joyce's Law: As a US lawsuit goes on longer, the probability of its constitutionality being challenged approaches one. :-)

  3. I'm a little consfused here . by ayeco · · Score: 5, Interesting

    In what way does your internet connection link you to the data that travels over your connection?

    How many people share connections with other people in a household? How can the riaa sue you for something your 12 year old daughter did? or your wife?

    1. Re:I'm a little consfused here . by Troed · · Score: 5, Informative
      You're legally responsible for the actions taken place using the ISP connection you've signed yourself as responsible for.


      AFAIK - check your contract with your ISP.

    2. Re:I'm a little consfused here . by tybalt44 · · Score: 5, Informative

      You may be responsible _to your ISP_ for acts using your connection, but you can't be responsible to other parties through signing a contract with your ISP; that's just nutty.

      It may be that you indemnify your ISP against actions taken against it by third parties due to acts using your connection. That is not the same as taking some sort of "legal responsibility" for acts using your ISP.

      A contract *only* affects your rights vis-a-vis the other parties to the contract. It *cannot* affect your rights vis-a-vis third parties. This is a fundamental principle of contract law.

    3. Re:I'm a little consfused here . by Anonymous Coward · · Score: 0

      Think of it as the family car. The key is usually on a counter somewhere and is accessible for all. If your 12 year old takes the keys and drives the car, wrecks into someone, the owner of the car (the parents) are legally responsible. Same thing for when you let other people borrow your car.

      While you're not the one driving, you're the one with the title to the car, and that makes you responsible.

    4. Re:I'm a little consfused here . by amightywind · · Score: 1

      How can you be sued when your pitbull attacks someone? You are liable for your wife's, children's, and pet's actions. Happy fatherhood!

      --
      an ill wind that blows no good
    5. Re:I'm a little consfused here . by Anonymous Coward · · Score: 0

      And, remember, in the U.S. the government can preemptively take away your possessions.

      As in S. Jackson Games, as in presumed-guilty drug busts, as in taking the wife's car when you're the one cruising for hookers in it....

      Why should government be the only entity with the rights to grab broadly?

      Don't we all feel safer now?

    6. Re:I'm a little consfused here . by Troed · · Score: 1

      Sure, but in that contract towards my ISP I've confirmed that I'm responsible for both actions done by persons I've given access to my connectio (i.e, my girlfriend) and that all actions done through my connection are legal.

      So, if my girlfriend commits an illegal act my ISP will cut _me_ off - and that was my whole point. I am indeed responsible for what she does.

    7. Re:I'm a little consfused here . by silas_moeckel · · Score: 1

      But then you have the fun of civil suits in the US. The ISP says it's your connection and they sue you you now need to prove it wasent you. So you get to pick who you are going to prove did it besides you. Ok sounds like a good reason to run an insecure wireless AP and blame it on a "cracker" :)

      --
      No sir I dont like it.
    8. Re:I'm a little consfused here . by Anonymous Coward · · Score: 0

      In a similar line of thinking...
      If the RIAA can sue the person who "owns" the internet connection (pays for the connection), would the RIAA be able to extend this to ISP's who are giving the user the connection?

    9. Re:I'm a little consfused here . by Anonymous Coward · · Score: 0

      AFAIK - check your contract with your ISP.

      Well, in the case of SBC we never entered into any kind of contract other than verbally saying we want the service, and them saying it costs X dollars. In fact, I'm almost certain I could go sign my neighbor up for DSL and they wouldn't notice to it showed up on their phone bill

    10. Re:I'm a little consfused here . by nolife · · Score: 1

      That is a contract with you ISP that they can drop you for violating X,Y, and Z. That contract does not extend to other companies past the ISP. If you use my phone line to call in a bomb threat, I am not liable. If you borrow my car and proceed to run a light and wipe out a bus of school children, I am not liable for the damages to the injured parties. I will in essence by contract still have to pay the lender for my car but that is a seperate issue all together (insurance, the driver pays me etc..). Why should your internet access be any different?

      --
      Bad boys rape our young girls but Violet gives willingly.
    11. Re:I'm a little consfused here . by HBI · · Score: 1

      Responsibility also implies legal liability - the RIAA would not win a judgement from you if you were unaware of the activity. No jury would do that.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    12. Re:I'm a little consfused here . by Rogerborg · · Score: 1

      Sigh. Civil case, balance of probability, if you're paying for the connection then it's probable that you're sharing the files. Let's get away from this "they can't prove nuthin'" nonsense. They don't have to prove anything, they just have to show that it's likely.

      --
      If you were blocking sigs, you wouldn't have to read this.
    13. Re:I'm a little consfused here . by TotallyUseless · · Score: 1

      If you think jurys always do the sane thing, then you dont have much experience with our legal system.

      --

      Time for some tasty Shiner Bock!
    14. Re:I'm a little consfused here . by StillNeedMoreCoffee · · Score: 2, Interesting

      I've heard that the RIAA is suing parents of offenders so it sounds like yes, you are responsible for your children legally. Go figure.

    15. Re:I'm a little consfused here . by nolife · · Score: 1

      You can get sued for anything. Someone being right and wrong is not a prerequiste for a civil case. That being said, your statement is a very big generalization and not the same as dmages with a copyright violation.
      The amount you have to pay depends on how liable and negligent the court determines you were for the incedent. If you let the dog roam free and have never tied the dog up, you will pay dearly. If someone in the middle of the night cuts the lock to your fence and lets the dog go free, your penalty will be a fraction of the above, if any. It really depends on the judge and the lawyers for both sides.

      --
      Bad boys rape our young girls but Violet gives willingly.
    16. Re:I'm a little consfused here . by HBI · · Score: 1

      probably more than you do sir.

      I am not going to list my CV but I have gotten a lot of exposure to juries and I say that no jury composed of US citizens is going to do that.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    17. Re:I'm a little consfused here . by duffbeer703 · · Score: 1

      I take it that you have never served on a jury.

      I served on one that was forced to acquit a heavily armed crack dealer and pimp because the police completely screwed up the collection & handling of evidence.

      Juries follow the letter of the law as interpreted by the judge.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    18. Re:I'm a little consfused here . by duffbeer703 · · Score: 1

      What needs to be argued is that network traffic does not correspond to indentity, only to a network card.

      You can look at a network packet and determine that the packet originated from a NIC with a specific MAC address.

      When RIAA sues someone with the financial resources to fight one of their suits, I cannot see how they can prove that a specific person OR even a specific computer was responsible for trading files.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    19. Re:I'm a little consfused here . by SwissCheese · · Score: 1

      But in this situation it's not the ISP who is trying to sue you but the RIAA. Yes, your contract with your ISP does give them legal rights to take action agains you, but none of us have signed contracts with the RIAA.

    20. Re:I'm a little consfused here . by confused+one · · Score: 2, Insightful
      Ok, so they sue your wife and she's found liable for $100k. You're still screwed. Or, they sue your 12 year old daughter -- wait, she's under age. Oh yeah, you, as the parent, are responsible for making sure that your children don't break any laws; so, you're held liable (contributing to the delinquency of a minor or the like...)

      one way or another, you're screwed.

    21. Re:I'm a little consfused here . by HBI · · Score: 1

      I suggest that a Fourth Amendment issue in a criminal trial is far different than a civil court ascertaining liability. I happen to know a lot about the latter.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    22. Re:I'm a little consfused here . by Eric+Damron · · Score: 1

      There is more going on here than contract law. If you have children, you are responsible for any damages that they cause until they reach the age where they are considered an adult under the law.

      If your child shares music the RIAA can clam damages. They may not be able to sue the minor but they can sue the parent for those damages.

      --
      The race isn't always to the swift... but that's the way to bet!
    23. Re:I'm a little consfused here . by kardar · · Score: 2, Interesting

      Cars kill. Cars injure. Cars are dangerous. Much more dangerous than many other things that are illegal :) -- statistically, and in other ways.

      Cars are highly regulated in the U.S.and throughout the world. And being as dangerous as they are (statistically), especially when mixed with alcohol, it's obvious that there is a good reason to regulate a car to a much greater extent than there is a good reason to regulate a computer in the same way.

      Compared to cars, computers are somewhat safer; while they still do present some risks, they are safer. Your chances of getting killed or injured by using a computer are statistically very slim. Your chances of killing someone or injuring someone through use of your computer are statistically very slim. Has anyone every killed or injured someone through the use of a computer? Doubt it. Even a 5 year-old can safely type on a keyboard things they don't understand and be safe from death or injury. A 5 year-old driving a car... well... I just never imagined something like that before anyway.

      So regulating computers isn't going to be as easy for anyone to do as regulating cars is. First of all, it's a waste of money. There is no risk to the citizenry, so regulating something that poses no risk to the citizens is extremely expensive and a utter waste of taxpayer money. Societies regulate things that have the potential to cause harm; there is no reason to regulate something that does not need to be regulated. Standardized? YES, PLEASE! But regulated like cars - I don't think that's necessary.

      I think eventually executives will realize that the internet as we have known it up to this point does not represent "easy money" the way many large organizations think it does. I bet cable TV ads are much more effective, dollar for dollar. Sure, ordering online is handy, but it's not going to ever become the primary way we do things - not yet.

      Attempting to regulate computers for corporate financial gain by hijacking the American justice system is not a very profitable thing to do. Corporations may not have realized it yet, but they will... computers and computer-related jobs and industry sectors may, from time to time, be profitable, but trying to make more money for yourself by attempting to regulate the computer industry with rules you made up yourself and politicans you bought is an utter waste of time.

    24. Re:I'm a little consfused here . by Snaller · · Score: 1

      Yes, we noticed your spelling.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    25. Re:I'm a little consfused here . by Anonymous Coward · · Score: 0

      See tybalt44's answer below to a similar point. Parental responsibility for children's torts is highly limited under the law. The RIAA almost certainly will not be able to sue a parent for their children's copyright "misdeeds"; at least not successfully.

      Legal FUD is much, *much* more common than OS FUD.

    26. Re:I'm a little consfused here . by Eric+Damron · · Score: 1

      Well, tybalt44's reply is a little confusing. He says that parents generally can't be held liable but then admits that in all but a few states they can.

      In Washington state this is the case. There are caps on liability so the RIAA is going to have a tough time extracting tens of thousands of dollars like they would want but even four-thousand dollars would hurt most people.

      --
      The race isn't always to the swift... but that's the way to bet!
    27. Re:I'm a little consfused here . by f00duvoodu · · Score: 1

      thats funny...cause i know withen a minute if i wanted i could easily connect to any of my neighbors internet connection.....so basically i could go and download alot of pirated stuff and watch them get sued and tooken to jail while i sit at home and enjoy my fre stuff..... i would never do this(and its illegal) but its entirely possible that it could happen...and since its over their connection they are in trouble for it??? ...they would have to search an entire neighborhood just to find someone doing that....and thats if your doing it in your neighborhood..there are so many variables along this line of thinking...basically all im saying is that i dont see how the RIAA can sue anyone....because no one knows where it goes...just so u know thats my point..... it can not be said its this guys or this ladies house so its them its impossible to sue when there are so many variables....a lawyer bringing up this simple point will go far with a jury...and this is just one simple point(of course this kinda arguement doesnt help put down the DMCA but oh well im rambling)...and yes i bet this will be flamed quickly

    28. Re:I'm a little consfused here . by Pofy · · Score: 1

      >So, if my girlfriend commits an illegal act my
      >ISP will cut _me_ off - and that was my whole
      >point. I am indeed responsible for what she does.

      Yes, versus the ISP, not RIAA as allready pointed out. If the ISP has a contract with you stating they may terminate your contract with them if any illegal action is done, then they can do that regardless of WHO did it, although they don't have to of course. Now, that does not mean you can go to jail for what someone else did with your connection. In the same way you can't sign a contract with anyone saying that "I am responsible for all use with this knife", meaning I go to jail for robbery if someone else used it to rob a shop. That won't work out.

      So the only thing RIAA in this case can do if they can't prove WHO actually put out the songs, is to contact your ISP and ask them to terminate the contract with their customer (assuming the ISP actually has such a rule, all might not). To get someone into court, they need to actually manage to prove who it was.

      Perhaps the laws in US are very different though so that you can contract away legal liability, but then, you would see people rob banks and kill people and getting away with it since they contracted away their legal responsability to someone else. I doubt that is the case.

    29. Re:I'm a little consfused here . by Pofy · · Score: 1

      >If you have children, you are responsible for
      >any damages that they cause until they reach the
      >age where they are considered an adult under the
      >law.

      That depend a lot with country. In Sweden, for example, you can never be hold responsible for any other persons actions, that includes your children. You do have a certain supervision requirement over your children though, so you can be deemed to have been neglectable in it, but that is about it. It is of course highly age dependant. It can be said to be neglectable in it if you let your 1 year old child run wild on the streets in a town causing accidents. However, leting your 14 year old child out without actual eye contact supervision is hardly a problem.

      On the other hand, you CAN sue anyone, even a 3 year old here in Sweden. So indeed, the equivalency of RIAA can indeed sue a 10 year uploading music to others. The ammount is typically adjusted downwards depending on age (to appraoch zero when the person is just a few years old). Since children typically don't have money (you can NOT take the parents money), the one suing usually has to wait until later when the person actually has money, but nothing prevents them from waiting until they turn old and get a job and then ask for the money.

  4. Great, if only... by ruiner13 · · Score: 5, Interesting
    Now if only SBC, Verizon, and all the other major ISPs got together in one big court case the RIAA might get frightened. I don't see why they are filing all these lawsuits separately, I'm sure the more evil lawyers they throw at this issue at once, the more the courts might agree with them (or at least get the media to pick up on this story a bit more, instead of just having an AP wire somewhere on the back pages of their websites).

    Just my 2 cents.

    --

    today is spelling optional day.

    1. Re:Great, if only... by Luigi30 · · Score: 1

      Yeah, class-action their butts. Verizon, Bright House, AT&T, all those companies suing the RIAA would definately scare them.

      --
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    2. Re:Great, if only... by sogoodsofarsowhat · · Score: 5, Insightful

      Why would they all want to put all their eggs in one basket. By filing seperate actions the RIAA must defend against each of them. By doing it seperately they are costing RIAA a lot more money. Plus each of them gets their day in court. :)

      --
      . I love the sound of burning women and screaming rubber....
    3. Re:Great, if only... by Ugot2BkidNme · · Score: 2, Interesting

      Great point. Most of these Companies are in different states. Which means they can all take different slants on State Laws. To Prove their cases. Just one ISP needs to Win once that happens it will eventually get elevated to the Supreme Court. Where by the Supreme Court will Eventually toss the DMCA usage in this case out on its ass. Or face teh repercussions of having the RIAA monitoring E-mails to see if people are posting FTP information to others.
      As Far as SBC goes being smaller then the RIAA. I find that hillarious Pac Bell is a very very powerful force. They exist to this day do to Litigation. They have not lost yet. With the exception of one case where they took their Cellular Unit and had to split it from themselves and they Created AirTouch which is now part of Verizon. Regardless if anyone can win this it will be Pac Bell Especially with the advantage of Being IN California. Where the state itself is very Liberal.

    4. Re:Great, if only... by BrynM · · Score: 1

      I'm sure the fact that the RIAA is paying filing fee$ to all of these local and state governments during tough budgett times is helpng things along for them in some way as well.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    5. Re:Great, if only... by xThinkx · · Score: 1

      True, if they would sue as one giant suit it would appear more intimidating. However, the way our legal system works, there is a better chance for ALL of them if they sue separately. Remember that our judicial system is based on precedent. So if in Dickson Vs. Cockson, a footprint was shown to be proof of trespass, the same would apply in McCough vs. McHack. So the ideal strategy for all the ISPs would be to sue one by one on different(even if slightly so) strategies. The RIAA then has to have a foolproof strategy against every one of these attacks, because if they were to lose one case, the rest could call upon that precedent and the RIAA would be in deep shit.

      Just to point out, someone earlier said that the communications companies don't have lobbyists or power any more, they're foolish. When all the baby bells were formed, they were of diminished lobbying power, but it's been YEARS since that happened, and now they're back in full force. Not to mention that even without lobbyists, they have a lot more money than the RIAA to donate to campaign funds, and an election is right around the corner....

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    6. Re:Great, if only... by rmohr02 · · Score: 1

      Just to clear something up, SBC is a hell of a lot bigger than the recording industry. SBC alone can throw enough lawyers at the recording industry to frighten them.

  5. Just the big ISPs? by Anonymous Coward · · Score: 3, Insightful
    Whenever we hear about this dragnet of P2P users, it's always the big players -- SBC, Verizon, etc. Has there been any "hits" on P2P users on smaller dialup and/or regional ISPs?


    I know the RIAA is playing this close to the vest so they won't tip their hand, but it would be nice to have a hint that "smaller (and dial-up) is better."

    1. Re:Just the big ISPs? by beefdart · · Score: 2, Informative

      If you are trying to distribute music in bulk, you dont use dialup.

    2. Re:Just the big ISPs? by toddestan · · Score: 1

      There are plenty of smaller ISPs that offer broadband too. Besides, it's the act of sharing that is illegal, not how fast your connection is. I've shared over 10000 files on my 56k before.

      However, I wouldn't be surprised to hear of some computer with a lot of storage and a really fast connection being the equilvent of 327 computers or something like that.

    3. Re:Just the big ISPs? by duffbeer703 · · Score: 1

      It's much easier to sue road runner users whose ISP's parent company is a major media player.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    4. Re:Just the big ISPs? by beefdart · · Score: 1

      also, a lot of the smaller ISPs just resell services from verizon, comcast, etc...

  6. postive light? by xpulsar87x · · Score: 2, Interesting

    Anyone else worried about misenterpreting these standsups from Verizon and SBC as being pro-filesharing? Though the article talks about them trying to protect their users, the overall picture seems to be painted as evil RIAA vs. good ISPs, which is really not the whole picture.

    Why exactly are the ISPs so concerned with the user privacy? As an end user I'm certainly concerned with it, but you'd think that ISPs wouldn't really care that much. Fighting the RIAA will cost them money, just to protect privacy? What have they to gain from that?

    1. Re:postive light? by leerpm · · Score: 4, Insightful

      Because when the ISP fails to protect it's users privacy, their customers will no longer trust them. They will move to another provider.

      All of the ISP's know what is happening on their networks. Especially those providing broadband services, know that if the RIAA is successful in shutting down the P2P networks, it will remove a lot of the incentive for customers to pay for broadband. The cost of complying is probably minor compared to the cost of lost revenue from customers leaving those services.

    2. Re:postive light? by EastCoastSurfer · · Score: 5, Insightful

      What have they to gain from that?

      Think about it. The ISPs who are challenging are mostly broadband providers. Do people need broadband to check email or surf the web a bit? Nope. People need broadband for filesharing. If filesharing is completely shutdown the need for higher bandwidth comes into question. I have known average users who say things like "$40/month for broadband isn't too bad b/c I can get free music."

    3. Re:postive light? by tanguyr · · Score: 5, Insightful

      Why exactly are the ISPs so concerned with the user privacy? [snip] Fighting the RIAA will cost them money, just to protect privacy? What have they to gain from that?

      One of two things:
      1) It costs them money to comply with the RIAA demands. They need to have staff looking up ip addresses, cross referencing them with billing records, etc etc. If the RIAA starts tacking more and more requests into a single envelope that starts to get expensive.
      2) Marketing. If you have a lot of broadband customers and the money to play legal games, then this is a great way to get some good publicity amongst a very attractive target demographic.

      I guess i should throw in a third option:
      3) They're doing it out of the goodness of their hearts and their belief that a consumer's rights to privacy outweigh a company's *right* to profit. /t

      --
      #!/usr/bin/english
    4. Re:postive light? by Cobratek · · Score: 3, Insightful

      *snip* Fighting the RIAA will cost them money, just to protect privacy? What have they to gain from that? */snip*

      How about respect and loyalty from customers.

      --
      DONT TREAD ON ME MOÎΩN ÎABÃ
    5. Re:postive light? by garcia · · Score: 1, Insightful

      hahahhahahaah.

      You think that ISPs want to let their users suck 100% of their bandwith 100% of the day on P2P? Why do you think that quite a few Universities have gone to throttling/closing those ports?

      Do you think that download caps and per MB charges over that cap are not to curb people from using P2P?

    6. Re:postive light? by dBLiSS · · Score: 1

      There is a posability that if the ISP gives out private information about its customers, thus breaking their agreement with their constumers, they could face suits from their customers sued by the RIAA, or even a class action suit by a bunch of customers. Then, they could lose even more customers from the backlash of giving out private information. ...I'm just guessing at all this.

      --

      The Good Life
    7. Re:postive light? by EastCoastSurfer · · Score: 4, Insightful

      You think that ISPs want to let their users suck 100% of their bandwith 100% of the day on P2P?

      Yes and no. Why get broadband at all if I can't use the bandwidth? ISPs aren't stupid. They know one of the main drivers of Joe Blow getting broadband is p2p. If you remove that driver, then why should the average consumer buy broadband?

      Why do you think that quite a few Universities have gone to throttling/closing those ports?

      This has nothing to do with pay/month ISPs. Most college broadband is wrapped up in the tuition costs. My guess is that the tuition is not covering all the bandwidth that students were using.

      Do you think that download caps and per MB charges over that cap are not to curb people from using P2P?

      No it is not to curb people from using it, but to make more money on people using it. To the guy downloading it is still a good deal for him to pay $1/100MB(or whatever they charge) and get free songs for that price. ISPs in essence become a quasi-distributor of music without having to pay for the rights. They are making tons of money off people who p2p and don't want it to go away.

    8. Re:postive light? by PyromanFO · · Score: 2, Informative
      You think that ISPs want to let their users suck 100% of their bandwith 100% of the day on P2P? Why do you think that quite a few Universities have gone to throttling/closing those ports?

      Universities have begun throttling thier ports because they don't make money off of you using thier network. Furthermore, most Universities offer you access with much greater upload and download capacity than your standard DSL/Cable modem. The killer app for broadband is p2p, and the universities don't care because they're not in the business of selling broadband. These companies, however, are.


      Download caps and excess charges are partially deterrents and partially moneymakers. Much like speeding tickets.

    9. Re:postive light? by dauvis · · Score: 1

      I have broadband but I have never installed any kind of P2P software on my computer. I use it mainly for playing online games such as DAoC and NWN. Is this overkill? probably. I can't find any reliable dial up services where I am. To me, a reliable connection and fast connection is worth the extra $20.

    10. Re:postive light? by Zocalo · · Score: 3, Interesting
      Do you think that download caps and per MB charges over that cap are not to curb people from using P2P?

      No, download caps and per MB charges are to maximise profits at the ISP. It basically boils down to:

      1. Get users hooked on P2P
      2. Get users onto a $/MB billing scheme
      3. Profit!!!
      Despite all the initial moaning about swamped bandwidth, once the ISPs realised that "???" could be replaced with "$/MB" P2P became the best thing since sliced bread.
      --
      UNIX? They're not even circumcised! Savages!
    11. Re:postive light? by utmecheng · · Score: 2, Informative

      (1)- Please. The cost of complying, even with hunderds of requests is close to nothing. To think that they dont have a good way to reference customer by IP is ridiculus. The government all but requires them to do so already, irrelevant of the RIAA. (2) The marketing advantage that they get is really, as other posts pointed out is in the fact that file-sharing is what motivates broadband anyways. (3) go smoke something else. they would only be concerned about it if it were profitable to them for some reason (or arrogant i guess)

    12. Re:postive light? by KingJoshi · · Score: 1

      But where would the customers go? if the RIAA can subpoena SBC and Verizon, why can't they do the same to the other providers, especially if they're smaller? And with SBC costing $30/month, would AOl at $23/month be better when you've also lost out on other non p2p broadband benefits? I can't see losing customers as being their motive. maybe I'm wrong.

      --
      In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
    13. Re:postive light? by Anonymous Coward · · Score: 1, Insightful

      Come on guys... the reason they are fighting this is that the cost to file suit is less than the operating cost of investigating and enforcing RIAA/DMCA...

    14. Re:postive light? by Anonymous Coward · · Score: 0

      Well, if you don't get sued, you can still afford to continue to PAY for broadband access. Plus, the trust of the user vs. company is still there.

      If you still trust your ISP cause they didn't roll over on you, you'll continue to use them.

      I think the "privacy" issue is a business strategy to keep themselves from losing customers. I imagine a few angry customer support calls, threatening to cancel their service, spurred this on.

    15. Re:postive light? by Anonymous Coward · · Score: 0

      (3)"Irony"!="Kind of like metal"

    16. Re:postive light? by Anonymous Coward · · Score: 0

      This has nothing to do with pay/month ISPs. Most college broadband is wrapped up in the tuition costs. My guess is that the tuition is not covering all the bandwidth that students were using.

      My $46.95/mo doesn't cover 1800/256.

      My main reason for broadband was to eliminate busy signals, the need for call-waiting, and the need to wait to download porn.

      Jesus, and you people get modded up.

    17. Re:postive light? by ShadeARG · · Score: 1

      I can't be the only one who has noticed that broadband companies push the fact that "MP3's can be downloaded up to 50 times faster than dialup." I was told this by SBC and Time Warner. Hell, even SBC representatives claimed that they were the provider to pick over Time Warner for such activities... Anyone else care to concur?

    18. Re:postive light? by AllUsernamesAreGone · · Score: 1

      "Why do you think that quite a few Universities have gone to throttling/closing those ports?"

      From the machine I'm using at the moment, the speed guide on adslguide.org.uk gives me:

      Downstream - 41269 Kbps (5,158.6 KB/sec) 44570 Kbps (inc. overheads)
      Upstream - 9660 Kbps (1,207.5 KB/sec) 10432 Kbps (inc. overheads)

      that give you some clue as to why universities don't like p2p aps?

    19. Re:postive light? by Tenebrious1 · · Score: 1

      Fighting the RIAA will cost them money...

      Only if they lose... if they win, they can recover the cost of litigation and also reap the benefits of having protected the privacy of their customers... as well as get a kudos from /. That may well be worth the initial costs of fighting the subpeonas.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    20. Re:postive light? by Anonymous Coward · · Score: 0

      "Why exactly are the ISPs so concerned with the user privacy?"

      In some countries protecting users privacy is *gasp* required by the law...

    21. Re:postive light? by Doesn't_Comment_Code · · Score: 4, Interesting

      Not only does the ISP lose incentive, it also has to essentially pay for "RIAA employees." If the RIAA continually submits subpeonas for 75 people a day, somebody on the ISP payroll has to be trudging around digging up IP addresses and sending them to the RIAA.

      I know that's not a huge cost, but it could be a long term expendature. Not to mention it would just plain suck to have to hire an employee to go through your own records and tattle on your customers to a bully corporation.

      I would be so pissed if I had to pay for that employee!

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    22. Re:postive light? by WCMI92 · · Score: 3, Interesting

      "Yes and no. Why get broadband at all if I can't use the bandwidth? ISPs aren't stupid. They know one of the main drivers of Joe Blow getting broadband is p2p. If you remove that driver, then why should the average consumer buy broadband?"

      When I signed up for Adelphia PowerLink, they ADVERTISED fast music downloads...

      The ISP almost HAS to stick up for their clients, at least show some resistance. They could face class action suits based on their advertisements.

      P2P is the "killer" app that sells broadband at home as something Joe Blow wants...

      Otherwise, broadband customers would mostly be techies like us, who love being able to apt-get quickly...

      --
      Corporatism != Free Market
    23. Re:postive light? by Rogerborg · · Score: 2, Interesting

      A subpoena is a demand for information prior to going to court. It's trivially easy to obtain one (they're not vetted by judges) but failing to comply with a properly filed subpoena is an offence in itself.

      Care to bet how long it would take me to write a script to generate a list of every IP address in an ISP's netblock, along with a couple of copyrighted track names for each one? Then you just prepend the DMCA incantation, get it rubberstamped by a clerk, and the ISP is obliged to hand over details for every one of its customers, or leave itself open to being sued (under the DMCA) for contributory copyright infringement in addition to being hammered for failing to comply with the subpoena.

      Are you beginning to see why ISPs want to fight this?

      --
      If you were blocking sigs, you wouldn't have to read this.
    24. Re:postive light? by WildFire42 · · Score: 3, Insightful

      $40/month for broadband isn't too bad b/c I can get free music.

      Apparently, I'm the only one who says $40/month for broadband isn't too bad b/c I can get free pr0n.

      Seriously, though, the reason why I got broadband was not because of free music or even pr0n. I got it because I game, I work from home occassionally, and I like having a reliable, stable, fast connection. As a matter of fact, I just recommended broadband to a friend of mine (a newbie user even) because he wanted something faster, always-on, and more reliable than a modem (plus, he can talk on the phone while surfing), for the exact same reasons as me (i.e., not music sharing or pr0n).

    25. Re:postive light? by HutchGeek · · Score: 4, Insightful
      Why exactly are the ISPs so concerned with the user privacy? As an end user I'm certainly concerned with it, but you'd think that ISPs wouldn't really care that much. Fighting the RIAA will cost them money, just to protect privacy? What have they to gain from that?

      Look at it in a slightly different light - and ignore RIAA for the moment. If RIAA manages to coerce the bigger ISPs into turning over records of their customers, the smaller ISP's are going to follow suit. Why? Legal Precedence.

      Now, assume RIAA has pulled this off, and sues the hell out of all the P2P filesharers in the USA. (Hey Pres. Bush - RIAA is out to really screw up your economy - there suing 25% of the US population into poverty.) By getting the information from the ISP's under the DMCA, you can bet it wont be long thereafter until other companies start tossing out subpoenas for other "violations." SCO? Microsoft? The way is paved, thanks to RIAA.

      Then, it gets worse. The government starts, and other businesses get involved to. And soon - an individuals right to privacy is gone, and the ISP's of the US have become nothing expect a research faciltity at the mercy of courts and lawsuits.

      I helped build an ISP some years back. We did it for 2 reasons - money (of course) and to give the people in the area which we lived access to information on the Internet, anonymously if they wanted. And I suspect a fair number of the smaller ISPs out there were started by people who remember back when the net was anonymous and you didnt get your life poked and prodded by marketing agencies, sales companies, RIAA, and who knows who else, because you felt like finding a tip on how to set up Slackware!

    26. Re:postive light? by RevMike · · Score: 1
      The important observation here is that broadband providers feel the need to cater to their customers.

      Broadband has finally penetrated to the point where many (maybe not most, but enough) people have two or more real choices in broadband: DSL, Cable Modem, and Satelite. Wireless is beginning to penetrate as well. Broadband providers need to cater to their customers sufficiently that they don't jump to another provider.

    27. Re:postive light? by fubar1971 · · Score: 2, Interesting

      ...Not to mention, if the RIAA can force an ISP to cough up these records. How long do you think before the MPAA or major software vendors, will begin doing it? According to the article there are businesses out their that do nothing more than track this information for copyright holders. Hell even Micro$haft has records of illegally installed software. Right now it is only the RIAA, but if this campaign by the RIAA becomes successful, then lookout, because the flood gates will be open and your ISP's will be inundated with these types of requests.

    28. Re:postive light? by WCMI92 · · Score: 2, Interesting

      "A subpoena is a demand for information prior to going to court. It's trivially easy to obtain one (they're not vetted by judges) but failing to comply with a properly filed subpoena is an offence in itself. "

      Sure, but it's issued in reference to a LAWSUIT. The DMCA allows the RIAA to issue them without going through the expense (and delay) of filing a suit to get to discovery.

      --
      Corporatism != Free Market
    29. Re:postive light? by hesiod · · Score: 3, Interesting

      > But where would the customers go?

      The point is that the customers would either go "offline" or to much cheaper dialup. Seriously, except for file sharing, most people using broadband don't need anything near that speed. When they no longer have file sharing, they'll realize they are paying way too much just for quickly-loading web pages and get rid of it. SBC and other Broadband providers know this and want to make sure that any tasks requiring high-speed internet access stay in tact, so that their business offerings are seen as needed. Also, if the RIAA gets conked on the head for this tomfoolery, other people will now have heard of MP3s & file sharing, find out that it isn't (or, as for now, shouldn't be) illegal, and say "hey, I want that broadband thing to get music too." We're in tha' money. We're in tha' money. Screw the producers, 'cuz we get free music nooooooow.

    30. Re:postive light? by KingJoshi · · Score: 2, Insightful

      But there are big differences. Maybe back in 1997 or something, but websites have huge files they serve. It's not just simple html files. and digital cameras are much more popular so people email LOTS of pictures. People chat online and actually use voice much more. I could go on, but the point is, broadband has many benefits. And those people that use it would be losing a lot and unlikely to go back to dialup.

      --
      In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
    31. Re:postive light? by mopslik · · Score: 3, Funny

      I would be so pissed if I had to pay for that employee!

      You won't have to. It can be automated with the following simple program:

      while (customer)
      {
      subpenoa(customer);
      }

      After all, all broadband users are obviously thieves and all P2P networks are obviously evil.

    32. Re:postive light? by arkane1234 · · Score: 2, Interesting

      No, the reason I have bandwidth (and quite a few others I'd imagine) is to be able to download perfectly legitimate things from the net that are HUGE.

      Try downloading Castle Wolfenstein: Enemy Territory, or Army Operations on a dialup :)

      Not to mention doing an "emerge rsync && emerge -u world" would take 2-3 times longer than the actual life of what you are downloading in the first place...

      --
      -- This space for lease, low setup fee, inquire within!
    33. Re:postive light? by God!+Awful+2 · · Score: 1


      Not only does the ISP lose incentive, it also has to essentially pay for "RIAA employees." If the RIAA continually submits subpeonas for 75 people a day, somebody on the ISP payroll has to be trudging around digging up IP addresses and sending them to the RIAA.

      Look on the bright side. As I'm sure you're aware, computers allow repetitive tasks to be automated. Maybe they'll hire an unemployed Perl programmer to write a simple script that searches through the logs and prints out the relevant data. Then they won't have to have someone "trudging around" digging up IP addresses.

      -a

    34. Re:postive light? by Anonymous Coward · · Score: 0

      Your answers are a smoke screen. They are fighting the RIAA because they know the majority of their traffic is p2p packets. By complying with the RIAA, they alienate their customers, and lose subscriptions.

    35. Re:postive light? by Lord_Dweomer · · Score: 2, Informative
      I believe I read in the RIAA article earlier today that they RIAA is paying for the employees at ISPs to handle the subpoenas. Sorry, too lazy to look it up now.

      --
      Buy Steampunk Clothing Online!
    36. Re:postive light? by ryanwright · · Score: 1

      as well as get a kudos from /. That may well be worth the initial costs of fighting the subpeonas.

      Right, because the world revolves around what a bunch of pasty little computer nerds think...

      (No, it's not flamebait; I'm one of those pasty little computer nerds, too. And damn proud of it!)

      --
      -Ryan, with the unoriginal sig
    37. Re:postive light? by Anonymous Coward · · Score: 0

      As someone who works in DSL selfinstall tech support I hear why people are installing it and unless they have a small business they want to download music. Thats all I hear all day long.

    38. Re:postive light? by steveg · · Score: 1

      Broadband has attractions to a much wider audience than file sharers.

      I set my mom up with broadband. She has no interest in file sharing (probably doesn't know what it is) but she loves her broadband.

      Why? Because its faster than dialup was? Well, yeah, partly.

      Mainly though, because it's less confusing. "Always On" is far *easier* for those who don't really understand the technology. My mom would go for weeks unable to get online (and reluctant to admit it) because she clicked on something wrong, or the line was busy when she tried a few times in a row, etc. She'd get discouraged and stop trying. Or she'd forget she'd been online, the auto-disconnect would screw up and her phone would be tied up for days.

      By comparison, broadband is dead easy. Fire up the computer and you're online.

      --
      Ignorance killed the cat. Curiosity was framed.
    39. Re:postive light? by DarkZero · · Score: 1

      You think that ISPs want to let their users suck 100% of their bandwith 100% of the day on P2P? Why do you think that quite a few Universities have gone to throttling/closing those ports?

      Do you think that download caps and per MB charges over that cap are not to curb people from using P2P?


      Broadband providers really hate the file-sharers that are uploading and downloading 100GB per month of files, sucking up all of their bandwidth. On the other hand, though, they LOVE the customers that are using up 500MB-1GB per month file-sharing, because they're getting themselves entrenched in the love of broadband while still letting their cable provider turn a profit. They love those minor file-sharers so much that many broadband commercials specifically mention "faster music and movie downloads" and some even highlight the fact that 56k isn't a great speed for P2P.

      The download caps and extra charges aren't to stop P2P use. It's to keep their customers in that friendly and very profitable "minor P2P user" subgroup that stay with them for the long term and continue to bring in profit.

    40. Re:postive light? by drsmithy · · Score: 1
      Why get broadband at all if I can't use the bandwidth?

      For an always-on connection that doesn't tie up a phone line. This is the reason most people (particularly older ones) I know cite for getting broadband. Of course, this is in Australia, not the US, so attitudes may be different here...

    41. Re:postive light? by TheLoneDanger · · Score: 1

      I agree with this. Gamers will download large patches, mods and movies for games. Have you checked out the high-res Half-Life 2 movies? They're at least 50 MBs each if I remember correctly.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    42. Re:postive light? by Datafage · · Score: 1

      Funny, I'm a tan buff athlete now... does wonders for your life!

      --

      Nicotine free Amish .sig.

    43. Re:postive light? by Pofy · · Score: 2, Interesting

      I still see problems with that type of billing though, since suddenly the customer has to pay for all spam (well, mails are small ammounts), pop ups and even direct "attacks", on your computer. Basically every bit travelling to your computer, wether you wanted it or not, or even know it is comming, gets taxed. Not a fun situation when you get the astronomical bill and get the answer "perhaps someone tried a DOS attack on you (for whatever reason), that could also be why you could not get out on the net, tough luck".

  7. Bad dog! Play dead. by technix4beos · · Score: 5, Interesting
    From the article:
    The recording industry disagreed late Wednesday, in statement given to The Associated Press.

    "We are disappointed that Pac Bell has chosen to fight this, unlike every other ISP which has complied with their obligations under the law. We had previously reached out to SBC to discuss this matter but had been rebuked," the statement read.

    (emphasis mine, added.)

    Right. More like, "We are disappointed that Pac Bell has a spine, and didn't roll over as asked."

    Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?

    It's time the DMCA was given a hard look at by the people who have a clue in the legal community, and who have the power to affect change.

    That's wishful thinking perhaps.

    --
    user@host$ diff /dev/urandom /dev/uspto
    1. Re:Bad dog! Play dead. by garcia · · Score: 3, Insightful

      because under CURRENT LEGISLATION (also known as THE LAW), the RIAA has every right (from what we can gather) to do what they are doing.

      Now, SBC is fighting that (which is not unlawful) but they still do have "obligations under the law" to turn that information over.

      The fact that we don't agree with the law has absolutely nothing to do with this.

    2. Re:Bad dog! Play dead. by technix4beos · · Score: 5, Insightful

      Just because a law is in existance does not mean that no one has the right to challenge it's constitutionality, a practice that for decades has served well to overturn even the most ardunt of laws.

      Without people to stand up to such pathetic excuses of legal bindings, where would the United States be today?

      I can only imagine the very faint glimmer of hope trapped in the minds of the people enslaved in that future society. But alas, that "future" is not yet here, and we can all rest easy. Perhaps.

      The DMCA and its ilk are tools driven to bring about a reality that no one wants to live in. If no one challenges the various aspects pertinent to how broadly the DMCA reaches into society, then there is no point in even discussing it here in this forum at all. Might as well just enjoy your coffee, shuffle along with the crowd to your nine-to-five job, and clock in another boring day.

      Innovation? Deliberation? Thought? These concepts are unknown to most of the corporate figureheads who control the very media we rely on. Why play into their hands?

      I want to provide a relevant url for anyone interested in seeing how a media system should act like:

      http://www.indymedia.org/

      Food for thought. Have a nice day. ;)

      --
      user@host$ diff /dev/urandom /dev/uspto
    3. Re:Bad dog! Play dead. by Anonymous Coward · · Score: 0

      I never said that it was illegal for them to fight it. I said that the RIAA was in its rights to request the information from SBC.

      You are reading into what the RIAA said. Don't do that. They are "legally obligated" doesn't mean that they are doing something illegal.

    4. Re:Bad dog! Play dead. by tarius8105 · · Score: 4, Insightful

      Right. More like, "We are disappointed that Pac Bell has a spine, and didn't roll over as asked."

      I'm surprised some corporation hasnt pulled out some patent or copyright and hit the RIAA with stipulations of the DMCA. It can be done easily, I'm sure an audit of their computers would reveal that they have "pirated" software.

      Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?

      Remember, Pac Bell is one company and its not small compared to other baby bells. RIAA is multiple record companies.

      It's time the DMCA was given a hard look at by the people who have a clue in the legal community, and who have the power to affect change.

      Yes but those politicians love their campaign funds. They dont want to give up those donations just to repel a questionable law.

      What really irks me a lot is they are using a generic term as "pirate" to describe file sharers. Last time I checked no one wears an eye patch, has a parrot on their shoulder, privateer, and says "Walk the plank!".

    5. Re:Bad dog! Play dead. by cdrudge · · Score: 1
      Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?

      SBC is smaller? SBC is the largest ILEC. It had revenues of $36B over the last year with a market cap of close to $80B. SBC is significantly larger then the RIAA (as an organization). However, at very large $$$ amounts, it doesn't really matter much. However, the combined legal and lobbying power between Verizon and SBC is very significant.
    6. Re:Bad dog! Play dead. by red+floyd · · Score: 1

      See the story about BuyMusic.com. I believe Jody may be considering a DMCA takedown.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    7. Re:Bad dog! Play dead. by WCMI92 · · Score: 5, Insightful

      GREAT points.

      Until the DMCA has been ruled on by the US Supreme Court, it's Constitutionality is still open for question.

      So far, no DMCA case has made it past the low levels of the Federal court system.

      Now, don't be TOO optimistic... This court upheld the Sonny Bono Perpetual Copyright Act. BUT, that perpetual copyright coupled with the insane powers the DMCA grats a copyright holder may sway them...

      IMHO, I wouldn't have that big a problem with the DMCA if copyright terms were short (say 10-20 years). The way I see it, the LONGER they extend the terms, the more liberal the terms would have to be in order to meet the Constitution's requirement for limits on copyrights...

      One method of attack here would be a "due process" argument, that the DMCA's subpoena power violates the Constitution's prohibition of search and seizure, without "due process".

      If the RIAA had to file actual lawsuits to get to discovery, before they could subpoena, that would stop this thing cold, as it would increase the hassle and expense 1,000x.

      AFAIK, the DMCA has to be the only, if not one of very VERY few laws that allows a PRIVATE entity to curcumvent the requirement to go through courts in a lawsuit to get subpoenas... I don't think the Constitution allows for this.

      Subpoena power is very scary. It should be supervised by a court.

      --
      Corporatism != Free Market
    8. Re:Bad dog! Play dead. by dirk · · Score: 1

      While we may disagree with the DMCA, they do have obligations under the law to comply with the subpeona. Frankly, the whole "privacy" issue is a no go with me. If they are violating copyright, it is not a privacy issue. That's like saying that you can't release the info of a scam artists because of privacy issues. If there is a legitimate legal reason for the information to be needed, then it needs to be released. A subpoena says there is a legal need for the information. You can argue the rules of giving out these subpoenas (and I would agree they are given out to easily probably), but saying you can;t honor a subpoena because of "privacy" issues is a no-go. If the court has need of this information, then you need to give it, the privacy matter is moot, because it has been decided there is at least a good chance they have broken the law (even if the law is a crappy one). Fighting the subpoena for "privacy" is the wrong battle.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    9. Re:Bad dog! Play dead. by Anonymous Coward · · Score: 0

      You had me right up until indymedia, then you lost me. Indymedia is just as biased as the 'mainstream media', just at the other end of the spectrum.

    10. Re:Bad dog! Play dead. by gilroy · · Score: 5, Insightful
      Blockquoth the poster:

      IMHO, I wouldn't have that big a problem with the DMCA if copyright terms were short (say 10-20 years)

      The DMCA would be a terrible law even if copyright lasted only one day. Here's the issue: the DMCA criminalizes "circumvention devices" -- things designed to break past copy protection or access restrictions. Selling, trading, donating, or even talking about such is considered "trafficking". And this provision does not expire.


      Thus, even if a work is in public domain, if someone has put it behind any sort of access control -- say, a dumb ROT13 password scheme -- it is illegal to access the mateial (despite your legal right to copy it). Under the DMCA, copyright has been superseded by something far more insidious and far more immortal. This is of course the wet dream of both magecorporations and totalitarians.

    11. Re:Bad dog! Play dead. by nelsonal · · Score: 1

      Verizon is actually slightly bigger than SBC, but both dwarf the music divisions of the media companies (in profit terms and valuation, if not revenue terms).

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    12. Re:Bad dog! Play dead. by xThinkx · · Score: 1

      Yarrr matey!

      If ye've got a problem with me patch and me parrot scuddles on me shoulder, I'll make ye walk to plank, yarr.

      In all seriousness I've got a huge pirate flag hanging over my computers, with good reason. If you call me a pirate, a priate I'll be

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    13. Re:Bad dog! Play dead. by cdrudge · · Score: 1

      It depends on how you are measuring which is larger. Are you going by customers, revenue, what? I have a friend who consults on billing issues with both and he recently said that SBC was larger then Verizon.

      And I was going off of RIAA's member's sales from 2002. According to table, RIAA shipped a total of $12.6B last year. I know that Sony, TW, et al have massive worth, I was only going on what RIAA was reporting $ amounts. Either way, it doesn't matter because it wouldn't be possible to litigate until one can't afford to since both obviously can afford to forever essentially.

    14. Re:Bad dog! Play dead. by sckeener · · Score: 1

      even if a work is in public domain, if someone has put it behind any sort of access control -- say, a dumb ROT13 password scheme -- it is illegal to access the mateial (despite your legal right to copy it)

      heck I am having trouble getting backups off 15 floppies from 1990. I can't imagine after 20 years I not only had to find the tool but a tool that wasn't even supposed to exist!

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    15. Re:Bad dog! Play dead. by molarmass192 · · Score: 1

      Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?

      SBC is a HUGE corporation, 27th largest company in the US with over $43B in sales. Mind you this doesn't necessarily mean much since Verizon (#10) at $67B in sales still wound up caving in to the RIAA.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    16. Re:Bad dog! Play dead. by StenD · · Score: 2, Insightful
      While we may disagree with the DMCA, they do have obligations under the law to comply with the subpeona.
      Only if the subpoena was issued legally.
      Frankly, the whole "privacy" issue is a no go with me. If they are violating copyright, it is not a privacy issue.
      Perhaps, but RIAA is only asserting that the users have violated copyright. Whether or not an assertion by one party is sufficient cause to violate the privacy of others is a legitimate question.
      That's like saying that you can't release the info of a scam artists because of privacy issues. If there is a legitimate legal reason for the information to be needed, then it needs to be released. A subpoena says there is a legal need for the information.
      But saying that there is a legal need for the information doesn't mean that there is a legal need for that information.
      You can argue the rules of giving out these subpoenas (and I would agree they are given out to easily probably), but saying you can;t honor a subpoena because of "privacy" issues is a no-go.
      But you can challenge a subpoena in court for being improper or overbroad before honoring it. That's what SBC is doing.
      If the court has need of this information, then you need to give it, the privacy matter is moot, because it has been decided there is at least a good chance they have broken the law (even if the law is a crappy one).
      Just because a court has "need" of information doesn't mean that the court has an unfettered right to it. For example, a court may "need" the membership list of an organization, but it can't have it without neeting a fairly high burden of proof.
      Fighting the subpoena for "privacy" is the wrong battle.
      Well, I'm glad that you're not SBC's legal counsel.
    17. Re:Bad dog! Play dead. by Anonymous Coward · · Score: 1, Insightful
      Now, don't be TOO optimistic... This court upheld the Sonny Bono Perpetual Copyright Act. BUT, that perpetual copyright coupled with the insane powers the DMCA grats a copyright holder may sway them...

      Do keep in mind that the Supreme Court also ruled in 1984 that VCR's could be used to record TV shows and watch them later under the fair use clause of copyright law (Source: http://www.techreview.com/articles/garfinkel0701.a sp). There is still hope that once this law makes it to the level of the court system it will not survive in its current form.
    18. Re:Bad dog! Play dead. by Rudisaurus · · Score: 1

      The English tax on tea shipped into Boston harbour was ensconced in legislation too.

      --
      licet differant, aequabitur
    19. Re:Bad dog! Play dead. by xThinkx · · Score: 1
      You're a little off here. If a crime occurs in a convenient store and someone subpoenas the tape, there is no problem because there is no expectation of privacy, you are in a public place. However, the issue of privacy on a computer is an entirely different issue, something that has yet to be determined by the justice system. The ISPs are saying that their clients expect and deserve privacy. For example, I'm sure they will argue that if I am Joe Bagodonuts, and I am an adult and pay for access to a pornographic site, if these subpoenas are held true, anyone could subpoena the records of what websites I connected to and see that I visited a pornographic site. No one wants to reveal their surfing habits to the world, and ISPs realize this, and such, fight to protect the identities of their users. They actually have a leg to stand on because the RIAA issued subpoenas in a civil trial. If this were a criminal trial they companies would be SOL, but since the RIAA is a private entity, not a government entity, they follow the same rules as if you or I.

      What the ISPs are arguing is that teh value of the information does not outweight the potential damage it may cause to the public. This is why there is doctor-patient privilege(I'm not saying ISP->customer is anything like doctor->patient), but the concept is the same. It would make prosecutions much easier if the police could just go to a doctor and request records, but since the possible misuses and abuses of this create drastic negative effects for the public, you cannot just obtain the knowledge outright. The ISPs will argue that allowing a private entity to access logs with simply a subpoena would be similar to publicly publishing the logs, and they may win on that ground.

      The ISPs may also win on the technicality that the subpoena should be filed in the host state, and again, they may win, although I'm sure the RIAA will again refile the subpoena from the proper state, this increase their costs, and drive another nail in their coffin.

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    20. Re:Bad dog! Play dead. by insanecarbonbasedlif · · Score: 1
      been superseded by something far more insidious and far more immortal. This is of course the wet dream of both magecorporations and totalitarians.

      Press Release: IBM Corporation Gains Invulnerability, Casts Withering Death on SCO
      Early this morning, IBM revealed that they found the elusive "Heart of Dragon" for their "Absolute Invulnerability (tm)" potion. Once they had procured it and tested the potion, they immeadiatly cast "Withering Death" on SCO, assuring their leadership in the LINUX server market. IBM executives have said that with their new invulnerability, IBM customers have nothing to fear from SCO. Chief Operations Officer Marcus "Greybeard" Cordelia said "SCO is like a sinking ship, and all the rats who work there would do well to escape before we escalate our attacks. With this new potion, we can do whatever we want with impunity."
      --
      Just because I doubt myself does not mean I find your position compelling.
    21. Re:Bad dog! Play dead. by HiThere · · Score: 1

      The court in 1984 wasn't the same court we have today. One can hope, but don't be too optimistic. Instead look for other approaches.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    22. Re:Bad dog! Play dead. by dirk · · Score: 1

      The checks and balances are at the subpoena level. Not just "anyone" can subpoena your surfing habits, they need to get a court to agree that you need that info for a legitimate reason (i.e. a lawsuit that they believe has some merit). Once the court has decided the suit has merit, then the subpoena is valid. The problem is not following the subpoena, the problem is that the subpoena may be given to easily.

      Also, they are not asking for anything overly broad, such as surfing records. They are asking for the identities of the people. If they were asking for actually records, I would agree with you, but they are trying to identify the individual who they feel are infringing on their rights and the court also thinks may be infringing on their rights. If I get a subpoena from the courts to tell me who owns a phone number because I am getting harrassing calls from it, there is no privacy issue beause they are only giving me the basic information. There is a difference between privacy and anonymity. With privacy, you are still held responsible for your actions (such as being able to be found if someone thinks you are infringing on their rights or committing a crime). With anonymity, you cannot be held responsible for anything and can break laws, infringe on others rights, etc freely because you cannot be found.

      Take it away from corps for a second. What if people were sharing your IP on Kazaa. They had a copy of your private journal, with your private pictures (some in compromising positions), and your name, address, etc. Your recourse is to go to the court, get a subpoena to make the ISP reveal who it is. If they don't reveal who it is, you have no other recourse. The other person right to anonymity does not overule your rights. If you can convince a court that there is a good chance your rights are being violated, then they will issue a subpoena. The checks and balances to protect privacy are in the fact you must convince a court that your case has enough merit that you need this information.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    23. Re:Bad dog! Play dead. by rmohr02 · · Score: 1
      Why is it that when a (smaller) corporation decides to stand up for their customers' rights against a (larger) corporation, it's always spun as being unlawful?
      More like "Why is it that when a (larger) corporation decides to stand up for their customers' rights against a (smaller) corporation, it's always spun as being unlawful?"

      The recording industry brings in a small fraction of the revenue that SBC brings in.
    24. Re:Bad dog! Play dead. by Anonymous Coward · · Score: 0

      From what I understand, you can access, copy, backup, or change anything that you have paid for the licensing on. However, if it required decryption, then you cannot share the material or methods used to get past the copy-prevention; this is what is covered by the DMCA (meanwhile, sharing of the data/performance on the media is covered by copyright). Thus, the DMCA is trying to restrict free-speech.

      I'm hoping that SBC sees this, and restores this one basic right that the DMCA is trying to take away.

    25. Re:Bad dog! Play dead. by nelsonal · · Score: 1

      I was measuring revenues and market cap, I didn't look at customer counts, which might make SBC larger. I was agreeing with your point that they were each much bigger than the music companies I hadn't seen that table thanks, thought the music business got more revenue (and roughly breaks even giving it market value of probably no more than sales) than that, but together the two RBOCs generate about that amount ($12 billion) in annual profits.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    26. Re:Bad dog! Play dead. by Sanction · · Score: 1

      "If the court has need of this information, then you need to give it, the privacy matter is moot, because it has been decided there is at least a good chance they have broken the law"

      But the court doesn't need it, and it has not decided anything. These are not "real" subpeonas, issued by a judge as part of a real case. All that a copyright holder has to do under the DMCA is file a paper with a clerk, and a subpeona is issued. No probable cause, no requirement to show _any_ cause actually, let alone actual evidence. That is the problem with this, that your private information can be gathered under force of law merely because a corporation wishes to have it, with no evidence or due process required.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    27. Re:Bad dog! Play dead. by Sanction · · Score: 1

      "Not just "anyone" can subpoena your surfing habits, they need to get a court to agree that you need that info for a legitimate reason (i.e. a lawsuit that they believe has some merit)."

      Same thing, under the DMCA, there are no checks and balances at all. Thats right, _none_ at all. The copyright holder hands a paper to a clerk and presto, instant subpeona. The same wonderful congresscritters that brought you this gem actually discussed allowing private corporations to damage or destroy your computer if they beleive you to be violating copyright, again, just by filing a notice with the DA. No review, no due process, no court, no proof. Vigilante justice at its worst.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    28. Re:Bad dog! Play dead. by Technician · · Score: 1

      Selling, trading, donating, or even talking about such is considered "trafficking". And this provision does not expire.

      Being redundant, this is the reason I always look for the Compact Disk logo. No logo, No sale. I'm not buying music that comes with risks of a criminal record to use in my car MP3 Jukebox.

      I don't buy anything not compatible with my equipment. DMCA protected encrypted anti-copy is not compatible with my entertainment systems.

      --
      The truth shall set you free!
  8. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 1

    What on earth does the above story, which was copied from another article, have to do with PacBell internet fighting the RIAA for their customers privacy?

  9. They got resources. Just use 'em more effectively by spiritgreywolf · · Score: 5, Interesting

    Whether they win or not, the thing to remember is that they (Telco ISP's), at least have the resources to throw around to tie it up in the courts for sometime. Whether it's about compliance or not, the fact that SBC says they wish to protect their customers privacy is a nice "we're for the little guy" selling point.

    I would personally like to see the first ISP who refuses to actually keep records of email addresses or IP numbers tied to user accounts, e.g. assign a "token" for the purposes of billing, but don't track IP's, etc, based on that token. Sell service plans that are all or nothing where everyone is throttled the same.

    I can just imagine where the RIAA would be if they issued subpoenas for records that don't actually exist, or the ISP can prove they have no idea who these people are.

    As long as you maintain a dynamic IP that changes each and every day, and they (ISP) don't maintain any route lists for billing purposes, how do they get you?

    --
    Never have a philosophy which supports a lack of courage
  10. What about by Anonymous Coward · · Score: 5, Insightful



    Friday, December 3, 1999

    In its first major ruling on privacy and defamation in
    cyberspace, the Court of Appeals on Thursday held that an
    Internet Service Provider (ISP) is merely a conduit for
    information, as opposed to a publisher, and consequently
    is no more responsible than a telephone company for
    defamatory materials transmitted over its lines.

    The Court unanimously upheld an Appellate Division,
    Second Department, decision that dismissed a defamation
    lawsuit brought against Prodigy Services Co., by the
    father of a Boy Scout whose identity was usurped by an
    unknown imposter. The imposter posted vulgar messages in
    the boy's name on an electronic bulletin board and e-
    mailed abusive, threatening and sexually explicit
    messages, also in the name of the boy, to the local
    scoutmaster.


    If they aren't responsible for defamation, why file sharing?

    1. Re:What about by PyromanFO · · Score: 1

      Nobody is holding them responsible for file-sharing, merely forcing them to breach the privacy of thier users so they can be held responsible. Of course, this is all legal under the DMCA, but SBC is challenging that, I think.

    2. Re:What about by Randolpho · · Score: 1

      Excellent point. I don't know where you found this, but you should forward it to Pac Bell's lawyers.

      Just in case. ;)

      --
      "Times have not become more violent. They have just become more televised."
      -Marilyn Manson
    3. Re:What about by enjo13 · · Score: 4, Informative

      They are not responsible for file sharing.. Under this decision, they can not be held responsible for the actions of their users. This insulates them from lawsuits from the RIAA because their users are sharing files across their network.

      That's not the issue here. The issue being fought by SBC is that the RIAA currently has the power to force them to turn over the identity of users for a given IP address without a court mandate.

      Right now the RIAA can send a list of IP's and times those IP's where logged to a ISP and force the ISP to reveal the contact information for the user who owned that IP at that particular point in time. They can do all of this without any intervention from the courts.

      SBC is fighting that... so the case that you reference has no relevance at all.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
  11. Illegal search & seizure by Bruha · · Score: 3, Interesting

    How is it that the RIAA can see what songs you're sharing. Since all the information is located on your PC then them coming inside it to see what you have or do not have in iteself tresspassing. Also since they're not law enforcement acting on a judge signed search warrant they they're doubly breaking the law.

    Breaking the law to catch law breakers does not make it right.

    Another thing of note.. The RIAA claims filesharing is hurting their cd sales..

    Well for the % of sales they've lost they've also released many times less the amount of cd's 4 years ago when this hubbub all started out. They've created their own sales problems not the filesharers.. I have friends who download songs they hear on the radio.. then get a few more the radio would never play so they get a idea if the cd is worth buying.. then they usually go out and buy the CD.

    1. Re:Illegal search & seizure by mcp33p4n75 · · Score: 4, Insightful

      Your P2P app posts a list of songs you have to the public. They look at the public list. It's no different than setting up a bootleg cd market in the middle of town square, at least privacy-wise ;)

    2. Re:Illegal search & seizure by cybermace5 · · Score: 4, Insightful

      I have friends who download songs they hear on the radio.. then get a few more the radio would never play so they get a idea if the cd is worth buying.. then they usually go out and buy the CD.

      Actually, this is the real reason the RIAA is scared of P2P. What your friends REALLY do, is listen to some of the other songs on the album, which are never played on the radio. When they figure out there's only one good song on the CD, then they don't buy it.

      The RIAA survives by tricking people into buying 15 songs, of which only one is worth having.

      --
      ...
    3. Re:Illegal search & seizure by dnixon112 · · Score: 3, Insightful

      They can see what songs you're sharing the same way anyone else can; posing as a user of the p2p system. People freely allow others to view what's in their shared folders. Why would it be illegal for representatives from the RIAA to view them just like any other user can?

    4. Re:Illegal search & seizure by Rogerborg · · Score: 1

      > How is it that the RIAA can see what songs you're sharing.

      The classic game netrek had a lovely feature called a "cluecheck" where on some servers, you had to answer simple multiple choice questions using the in-game messenging system before being allowed to play. Can I suggest something similar for Slashdot. Here's one to get us started:

      If you choose to run a P2P client/server that works by serving content to anyone who asks for it, should you expect it to know that it's the RIAA asking, and to refuse to talk to them?

      1. YES TEH CONSTURTUTIUN PORTECTS MEE!!!!!!
      2. What's a server?
      3. Oops.
      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Illegal search & seizure by Anonymous Coward · · Score: 0

      Two wrongs don't make a right, but they do make things more interesting.

    6. Re:Illegal search & seizure by Anonymous Coward · · Score: 1, Informative

      Actually, it is not illegal search and seizure. If you read the cyber crimes handbook the DOJ uses, you will see that they consider your computer harddrive a closed suitcase. If it is closed (ie, you are not sharing things on a network, or have a file opened on your screen when a cop is standing behind you) then you have a "reasonable right to privacy" that is protected by the 4th ammendment. However, if you make those files open to a file sharing network, or any network, or say leave an illegal picture open on your moniter and a cop walks by and sees it, then you no longer have a "reasonable right to privacy" as they equate that with leaving your suitcase open so the world can see the (insert illegal contents here) you have in there. Therefore waiving your "reasonable right to privacy". The RIAA isn't breaking into your computer to find files, it is only seeing what you are allowing ANYONE to see and download.

    7. Re:Illegal search & seizure by Anonymous Coward · · Score: 0

      I was actaully considering placing large magnets in my doorframe before this (read Crytonomicon), but after reading RIAA search list I realize I have one song one there (an Incubus song and I ripped it myself from a RIAA CD I bought for too much money), plus guess what I have SBC Dsl. Yes...Thank you large greedy corporation. Don't you just love it when capitalism starts biting its own tail.

    8. Re:Illegal search & seizure by peter_gzowski · · Score: 1

      I hear this sort of argument all the time on /. (I sample using P2P, then I buy, because the RIAA is trying to trick me into buying crap), and it makes me curious how people would answer this question:

      Does a recording artist get to choose how the consumer samples their music?

      Set aside the issue of the recording artist's label, or the RIAA, telling the recording artist how their music should/can be distributed. Set aside what constitutes "fair use" with the CD once you buy it. If a recording artist says "I do not want P2P services to be a mechanism for distribution of the music I create," then what, morally, should the consumer do?

      --
      "Now gluttony and exploitation serves eight!" - TV's Frank
    9. Re:Illegal search & seizure by IthnkImParanoid · · Score: 1

      Don't forget the new revenue streams the RIAA wants that are threatened by P2P software. They also want to push things in the direction of music "licensing," so you need a copy for each player.

      I'm sure the RIAA was jealous of the MPAA when they heard about their encryption of DVD's and the approved player licensing revenue and the region encoding.

      --
      It's nothing but crumpled porno and Ayn Rand.
    10. Re:Illegal search & seizure by Anonymous Coward · · Score: 0

      Yes, but local law enforcement would still have to get a search warrant to obtain any evidence used for a criminal trial.

    11. Re:Illegal search & seizure by way2trivial · · Score: 1
      yes, it would be, read the EULA of the individual filesharing apps..

      for kazaa
      http://www.kazaa.com/us/terms.htm
      In order to use Kazaa Media Desktop, you must first read and accept the terms of this Licence.
      1.1 ...grants you a limited, non-exclusive, personal... (personal)

      2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (note, no exception if you control the copyright-- all copyrighted material)

      the real killer, 2.11 Monitor traffic or make search requests in order to accumulate information about individual users;

      So, how can they "legally" use kazaa to issue writs?
      answer- they can't, and every time they USE kazaa, to track down kazaa, they are violating the EULA,

      --
      every day http://en.wikipedia.org/wiki/Special:Random
    12. Re:Illegal search & seizure by __aamkky7574 · · Score: 2, Insightful
      Not just that; as I've said before, most of the mainstream artists that the companies associated with the RIAA promote are sold based on image and marketing and reinforcement, not on their music. P2P music routes around this marketing hype, enabling people to hear a wide range of music from artists that they may never usually get a chance to here.

      Before P2P, you had to be a relatively unconservative type to want to plonk down actual hard cash to hear music from an artist who you'd only vaguely heard of, but whose music wasn't played 24/7 on the usual corporate media. It was a safer option to simply buy the latest hit album; you at least knew there was one catchy tune on it, even if the rest was a dud.

      Now, when you download a track to try it out, there's no marketing bull. You can easily discover that the hyped artist's albums consists of rubbish, and also find that the relatively unknown artist is simply wonderful.

      I imagine this levelling of the playing field is terrifying to record company marketing managers.

      P.

    13. Re:Illegal search & seizure by Abm0raz · · Score: 2, Interesting

      Yep, this is one of the reasons I still use IRC and I don't use bots. I force anyone that wants anything from me to actually log into my server, where there is a legal disclaimer stating that only people with written permission may access my server and that it's express purpose is to act as a way for me to get files from work, home, friends' places, computer lab, etc ... easily. Any unauthorized access is considered tresspass and downloading anything that you do not own the rights to is copyright infringement (and possibly theft depending on your definition). Any law enforcement agency or anyone acting on behalf of such an agency is required to present a warrant before entering.

      This is one of the reasons IRC hasn't been hit so hard by the RIAA. That and I question if they're bright enough to figure out how to use it. Though, I have heard rumors that the dal.net DDoS attack last spring was possibly from the *AA's cause they couldn't bring it down legally. (just ask #movies-central on dal.net) :)

      -Ab

      --
      Nothing fails quite like prayer.
    14. Re:Illegal search & seizure by cybermace5 · · Score: 1

      I can't imagine why they would have a problem with quadrupling their number of chart-topping acts. I guess it's because they would have no control over who tops the chart and when.

      Makes it more difficult to sync up with all the ad men and product merchandisers. Also takes away their coveted power: you know, the heady "I run your life...Everything you have, you owe to me...I can bury you and make another pop hit artist next week" kind of power.

      --
      ...
    15. Re:Illegal search & seizure by Artifex · · Score: 2, Interesting

      If you choose to run a P2P client/server that works by serving content to anyone who asks for it, should you expect it to know that it's the RIAA asking, and to refuse to talk to them?


      Anonymous FTP servers are a perfect example of giving content to anyone asking for it, without knowing who is doing the asking (other than maybe keeping logs of the IPs, of course).

      The correct answer is "no."

      --
      Get off my launchpad!
    16. Re:Illegal search & seizure by Anonymous Coward · · Score: 0

      The RIAA survives by tricking people into buying 15 songs, of which only one is worth having.

      Isn't this like the MPAA selling movies in blocks back in the early 1900s? You buy an A movie (song), and have to put up with several B movies (songs). I thought this practice was outlawed already.

    17. Re:Illegal search & seizure by Nom+du+Keyboard · · Score: 1
      It's no different than setting up a bootleg cd market in the middle of town square, at least privacy-wise

      But is is very different when you are not profiting from it. The law has long treated profiting from copyright infringment as a different class of crime.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    18. Re:Illegal search & seizure by HiThere · · Score: 1

      Avoid that artist.

      He should have the right to say that, and be respected. And the customer should refuse to buy a pig in poke.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:Illegal search & seizure by Oscar_Wilde · · Score: 1

      Which is why programs such as iRate radio Need to become popular.

      It's legal, its useable and it should scare the shit out of groups such as the RIAA because they cant force people to hear what they want.

      For those who don't know, iRate radio matches the ratings you give songs against those of others and tries to come up with new songs you would like. All the songs in the database are available for free and there is some good music to be found this way (it very quickly starts to gather music you'll like).

    20. Re:Illegal search & seizure by Rogerborg · · Score: 1

      See answer 3, and be advised that on Earth, we have this illogical concept called "hew-more"

      --
      If you were blocking sigs, you wouldn't have to read this.
  12. It's all about the money. by SharpFang · · Score: 2, Funny

    1) Allow users to use p2p on your net.
    2) Charge users for using the net.
    4) More users want to access p2p stuff, pay for network
    3) PROFIT !!!
    4) RIAA sues users
    5) Users stop using net
    6) NO PROFIT!!!
    7) ISPs oppose RIAA
    8) RIAA stops suing users.
    9) Users safely use p2p again
    10) PROFIT AGAIN!!!

    Yes, Long, but without the tricky "???" part.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:It's all about the money. by Anonymous Coward · · Score: 0

      1) Allow users to use p2p on your net.
      2) Charge users for using the net.
      4) More users want to access p2p stuff, pay for network
      3) PROFIT !!!
      4) RIAA sues users
      5) Users stop using net
      6) NO PROFIT!!!
      7) ISPs oppose RIAA
      8) RIAA stops suing users.
      9) Users safely use p2p again
      10) PROFIT AGAIN!!!


      Some steps for you:

      1) Learn to count
      2) Learn that 3 comes after 2, not after 4.
      3) Learn that in counting from 1 to 10, there is only ONE instance 4.
      4) ???
      5) PROFIT!!!

  13. This is logical by Rosco+P.+Coltrane · · Score: 2, Interesting

    ISPs are afraid of losing customers. It's easier to delay the RIAA, pay some lawer fees and look like the good guys trying to protect their subscriber's anonymity than the guys who blow the whistle immediately.

    Somehow though, I suspect ISPs would rather disclose the names of the P2P users the minute they get subpoenaed, and not be hassled by the RIAA, if they could get away with it ...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:This is logical by TephX · · Score: 3, Insightful
      Somehow though, I suspect ISPs would rather disclose the names of the P2P users the minute they get subpoenaed, and not be hassled by the RIAA, if they could get away with it ...

      Are you paranoid? This and the following quote from the story writeup:

      So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.

      really make me wonder about people. These P2P users are paying customers. Sure, they may take up a decent chunk of bandwidth (and the worst of them the ISPs probably do want to kick off, but they can do that or throttle them without the RIAA's help), but if there's any legal way an ISP can get away with not disclosing this information to the RIAA, they're going to do it. I mean, their goal is to make a profit, and this is a significant selling point. If you want to use KaZaA or whatever, would you rather go with an ISP that rolls over when the RIAA even breathes in their direction, or one that will fight as hard as they reasonably can to not have to tell the RIAA who you are?

      --
      I metamoderate all Redundant and Offtopic moderations as Unfair.
    2. Re:This is logical by KjetilK · · Score: 1
      Both issues could be motivating them.

      However, if the numbers somebody else posted are correct (SBC makes a whole lot more money than RIAA members), it is very important that we phrase ourselves wisely, because it is now very easy for RIAA to go "oh, the big evil ISPs are taking the bread off the table of the poor, starving artists". When really big gorillas are fighting each other, it is not certain that we win...

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    3. Re:This is logical by Rogerborg · · Score: 1

      The principle disturbs them. What's to stop me subpoening an ISP for details of every IP address in its netblock? If they want to call me out, they (under the DMCA) lose their common carrier protections. If they cave in, I have access to all of their customer details.

      --
      If you were blocking sigs, you wouldn't have to read this.
  14. Re:Acronyms by ftvcs · · Score: 1

    Chill Luigi,
    You can always move to Belgium, the downloading paradise.
    Over here it's called IFPI, BSA and AGALEV.

    The horror.

  15. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 0

    No karma whoring there, it was posted as AC.

  16. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 0

    Clearly, Jody needs to contact the DOJ's copyright lawyers.

    They said they actually prosecute large companies, give them a chance. Looks like an open & shut case.

  17. Um...wife no, children yes! by linuxkrn · · Score: 3, Insightful

    Can they sue you for something your wife did...no, your children... YES. Your wife is over 18, one would HOPE, so she is legally responsible for her own actions. However, if you have children under 18 then you, being their legal guardian are responsible for their actions. It's your job as a PARENT to make sure they do what is right and not break any laws. They cannot be prosecuted in many cases until they turn 18, but you can and will be for their actions.

    1. Re:Um...wife no, children yes! by tybalt44 · · Score: 5, Informative

      This is not correct. In most places, parents are not generally held liable for the torts of their children unless they consented to, or directed the act.

      Some U.S. states (actually except NH and NY appaerntly) have changed this by statute. Illinois is one... parents there are liable for intentional torts only, and the limit of liability is $1000. The average over all states is $4100 maximum liability.

      Of course, these aren't torts exactly, so I'm not sure whether DMCA-type violations would be caught under these "paerntal responsibility" laws.

    2. Re:Um...wife no, children yes! by Anonymous Coward · · Score: 1, Informative

      Ummm, no you generally can't sue *a parent* for the actions of a child. Anymore than you can lock up a parent for the action of a child. Although there have been some exceptions to this. Generally if a kid breaks the law he/she is the one that is prosecuted. Not the parent.

  18. thank god by Leahar · · Score: 1, Flamebait

    im glad there are at least afew companys out there who aren't the RIAA's prison bitch someone beating the RIAA in court is the only way to stop this tide of madness sweeping the nation

    in other news the RIAA has anounced a new step in its fight against file trading "we can't let this violation of our copyright continue and so are pressuring the goverment to alow copyright violations to be punisable by soddamy" stated a slightly excited RIAA spokes person thought the bill has receaved inital approval there are still certain issues to be decided such as how much it will cost to have the parts of the constiution forbiding brutal sexual abuse changed and wether the defentants will be entitled to lubrication the RIAA expects to have these issues ironed out once payoffs to large goverment angencys have been negotiated

    --
    Roses are Red Violates are Blue im not very good a poetry but i have many other redeming qualitys
  19. Re:MooK0re! I5 back! by Anonymous Coward · · Score: 0

    Welcome back.


    GNAA PR department.
  20. Offtopic moderation! by Anonymous Coward · · Score: 0

    Great! Someone gets it!!!

  21. DMCA VS PRIVACY by Crashmarik · · Score: 2, Interesting

    The supreme court has allready ruled that there are broad rights to privacy in your own home. Int the last case I believe it was found that those rights applied even when someone might intrude through casual means.

    Now the question becomes will they hold that copyright holders have, the ability to gain the equivalent of search warrants without the usual certification by a judge that there is cause ? Heres to hoping that the supremes hold true

  22. At least someone is fighting by BenjyD · · Score: 4, Informative

    Damn I hate the way the RIAA works. If they want to increase CD sales revenues, stop the pirate witch-hunt and use the money instead to:

    1)Charge less per album
    -> more people prepared to buy albums to see if they like it
    2)Pay the artists more
    -> more artists -> more choice -> better music

    1. Re:At least someone is fighting by miroth · · Score: 2, Interesting

      My question is, what happens to CD prices after the RIAA wins all these lawsuits, as they surely will?

      Let's face the music (pun = intended) - distributing copyrighted works IS illegal, and if the RIAA gets its day in court to prove it, some users will lose. And, presumably, file sharing apps will go the way of the dodo.

      However, what happens next? Personally, I think the RIAA will realize that they once again have a captive audience, and they'll raise prices to ungodly levels once again...simply because they can!

      Here's to the ISPs fighting for their users' cause. They're one of the only lifelines Internet users have left. And that's pretty unfortunate.

    2. Re:At least someone is fighting by aborchers · · Score: 2, Insightful
      Damn I hate the way the RIAA works. If they want to increase CD sales revenues, stop the pirate witch-hunt and use the money instead to:...


      Sad reality: It is unlikely that charging less per album or paying artists more will do anything to affect the problem of "piracy" because there are plenty of people who will copy music for free just because they can. Ergo RIAA literally has no choice but to pursue infringers if they hope to preserve their business.

      It just occured to me that the problem RIAA faces with widespread copying of their products is similar in a roles-reversed way to the spam problem for email users.

      Because the cost of spam to the spammer is essentially 0 and the tech allows for massive mail distribution rates, you have a case where one user has to delete hundreds of spams a day, and as more spammers enter the market it scales up and up. The spammers pay next to nothing, and the recipients pay dearly, either with their time scanning and deleting the mail or by purchasing/configuring spam filtration tech.

      In the RIAA case, RIAA pays to produce recordings and profits by controlling its distribution. Introduce millions of computer users paying essentially nothing to copy and redistribute their products, and now the industry loses their income potential.

      Interesting implications for people who hate spammers with one breath and RIAA with the next...

      --
      Trouble making decisions? Just flip for it.
    3. Re:At least someone is fighting by SuprQMike · · Score: 1

      I agree with others that the RIAA should work on producing higher QUALITY music instead of the same generic crap that has been spewed out recently. It seems that anyone with a 5th grade education and baggy pants can record a song and go platinum with it.
      Lets be honest - is "Hot in Here" by Nelly REALLY that good? I think not. The appeal comes from the young teeny boppers who want to hear about taking their clothes off for some reason.
      I am also fairly sick and tired of "music stars" who cant talk to someone without ending their sentences with "knowwhutimsayin". Im a fan of Eminems music, but I cant stand to hear him talk in an interview. I wont even get into the other "musicians" who use ebonics as their main form of communication. (Yo, wha's crackin? Ima givea shoutout to my dogs, P-Homey, J-Roll, X-Dude...blah blah blah blah....)
      Instead of trying to track down the "evil file sharing bastards", why dont they try to track down some REAL talent?

      *sigh* I miss the good ole days...

    4. Re:At least someone is fighting by Dan+Ost · · Score: 1

      You're comparing apples and oranges.

      SPAM is pushed on unwilling victims wasting time and resources.
      P2P allows people to infringe on copyright diluting the victim's
      (i.e. the label's) revenue stream.

      One is not the inverse or converse of the other.
      The are simply too disimilar to compare meaningfully.

      --

      *sigh* back to work...
    5. Re:At least someone is fighting by aborchers · · Score: 1

      One is a case where an extremely-low-cost way of doing business results in an extremely high cost for a large number of consumers. The second is a case where extremely-low-cost activity for consumers imposes a high cost on a business. That is the meaningful comparison.

      --
      Trouble making decisions? Just flip for it.
    6. Re:At least someone is fighting by goldfndr · · Score: 1
      While I'd agree that paying "artists" more won't make much a difference, do you honestly think that reducing prices by 1/2 or 2/3 won't make a difference?

      Just imagine the potential popularity of $5 albums and $1 singles! With prices that low, the "price too high" argument goes out, but other deterrents (availability, usefulness) remain.

      If only the RIAA would classify P2P as competition/advertising...

      --
      Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
    7. Re:At least someone is fighting by aborchers · · Score: 1

      There was an interesting study published recently in the Communications of the ACM that examined, among other things, people's likelihood to download or purchase based on price points. One of the conclusions was that there would be a spike in sales if the price dropped (I know I for one would buy more, so long as the discs weren't crippled with bogus copy-protection). Nonetheless, there is a large number of people who see no reason to buy when they can get it for free. That is a powerful psychology to overcome.

      Advertising is a popular and somewhat reasonable way to view P2P; the modern equivalent of friends trading tapes. The scale of the system turns it into something far beyond that in practice, though. In the past, people did not run thousands of tape copies and distribute them to strangers. Competition is exactly what it is. The problem is that it is an unfair (to the labels) form of competition because their is very little cost imposed on the P2P competitors...

      --
      Trouble making decisions? Just flip for it.
  23. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 0

    NO Problem. I won't get it from BuyMusic. I will just get it off KaZaA.

  24. Re:Aren't these two very similar? by landaker · · Score: 0, Offtopic

    You're right, those two quotes do have something very important in common: you made them both up.

  25. Why so cynical? by sootman · · Score: 1

    So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.

    No no no, you've got it all wrong--*surely* these giant corporations are doing this out of a deep desire to help their customers. :-)

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    1. Re:Why so cynical? by Anonymous Coward · · Score: 0

      Actually cost of simply replying to the subpoenas is nothing near the cost of fighting this in any way.

      One-two people can look up and return all the information for the subpoena's(a lawyer is not needed in this, a paralegal can answer them), however if you attempt fight this you have to have both in house and out side counsel lawyers working on this.

      I work for a major ISP who will be joining the fight soon. Sorry Comcast users, your ISP is turning over like a lamb:(

  26. Actual text of the subpoena: by Pig+Hogger · · Score: 4, Funny
    No wonder they say the subpoenas are "too broad":
    All your IPs are belong to us.

    - RIAA
    1. Re:Actual text of the subpoena: by KillerHamster · · Score: 4, Funny

      Dear RIAA,

      We understand you claim ownership of all IP addresses on the Internet. As we own every operating system currently in use, we will require a fee of fifty percent of your winnings in your lawsuits for the use of our software in issuing your subpoenas.

      Thank you,
      SCO

    2. Re:Actual text of the subpoena: by Anonymous Coward · · Score: 0

      Dear RIAA and SCO,

      I understand that you are engaging in tactics and methods which I pioneered and patented. To prevent legal action, you must remit 75% of all profits to myself. This is over and above the souls you have already provided me in return for ephemeral success.

      Sincerely,
      Satan

  27. IMHO... by meltoast · · Score: 0, Troll

    I hope the FBI doesn't investigate SBC and get the IRS involved who finds out that the AWOL CEO needs to be investigated by the DEA for wierd connections with the NRA ....need I go on.

    --
    if you don't feel better tomorrow, we'll just cut your legs off about here. - Theodoric of York
  28. Hmm!~ by Anonymous Coward · · Score: 2, Informative

    I don't know if anyone else noticed, but on the list of the songs which *might* get you into some trouble, there is one particular artist listed which I find... ironic.

    None other than: Dave Matthews Band

    Promoted by Napster, allowed to be freely downloaded (with permission) by Napster users and now is suing the people who made it what it is today. Hows that for a thank you?

    1. Re:Hmm!~ by Grey+Fox+LSU · · Score: 1

      I think your forgeting, that at this point, Dave Matthews Band has no say so in whats going on. Both Dave Matthews and Micheal Jackson have both said that they dont think that file-sharing is a bad thing. It's the RIAA that is suing people. Just more proof that the RIAA isnt for artist rights

    2. Re:Hmm!~ by rootofevil · · Score: 1

      thats what you get for listening to dave matthews.

      --
      turn up the jukebox and tell me a lie
    3. Re:Hmm!~ by Anonymous Coward · · Score: 1, Funny

      most of the artists on the search list are pure crap. Micheal Jackson wants ppl to share his songs. I mean that the only way he's going to get play anymore. plus there's like 5 Usher songs on there. Times like this I'm happy I listen to Good music.

  29. Re:They got resources. Just use 'em more effective by garcia · · Score: 1

    yeah, and when there is a problem (i.e. cable modem uncapping, IP theft, abuse, etc) it will be so easy to find these offenders.

  30. Well this is interesting for sure. by SuperDuG · · Score: 1
    I don't think it's fair to say, "here have this system of subpoena's to follow and do all the detective work for us". I think that the RIAA should have to actually hunt these people down themselves, it's too insane to think that companies like SBC are just going to sit back and take extra work to hurt their business. I say subpoena the screennames and if no one owns up to them, then I guess the RIAA is screwed out of their money.

    If someone breaks my car window, I can't subpoena everyone who owned a camera in the area to show me all the photos they took that day, then why on earth can I go to an ISP and say, check your logs for a user at this IP and give me their name/address.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Well this is interesting for sure. by MImeKillEr · · Score: 1

      If someone breaks my car window, I can't subpoena everyone who owned a camera in the area to show me all the photos they took that day, then why on earth can I go to an ISP and say, check your logs for a user at this IP and give me their name/address.

      This is entirely different. Those people who owned a camera in the area weren't *providers* for you. They weren't giving you a service.

      If you were parked in a pay lot that had camera & someone broke into your car, you *could* subpoena the video to find out who did it.

      Now, if the ISPs all purged their records on a regular basis the RIAA wouldn't have any way of getting any information. Sure, the courts could compel them at some point to keep track, but by then everyone would know and find other means of downloading.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  31. Re:[O/T] How often do you get 3 different acronyms by ejdmoo · · Score: 0

    On Slashot?

    Quite often.

  32. The Real Reason .... by Anonymous Coward · · Score: 0

    They aren't concerned about the cost/hassle of complying with all the subpoenas they've been receiving as they claim but more than likely they see the handwriting on the wall and they know that if P2P usage is diminished people will increasingly cancel their broadband (cable/DSL) accounts and hence directly affect the bottom line big time....these actions by the RIAA could drastically retard the growth of broadband

    1. Re:The Real Reason .... by presearch · · Score: 1

      Too late.
      I've always found SBC to be drastically retarded.

    2. Re:The Real Reason .... by Anonymous Coward · · Score: 0

      asfgdfg

  33. they're not the only ones fighting... by Anonymous Coward · · Score: 0

    ..i just read that charter communications is fighting them too...

    1. Re:they're not the only ones fighting... by Anonymous Coward · · Score: 0

      If you are in St. Louis, you may want to keep an eye on Cahnnel 2 News...

  34. Maybe they learned something from the Verizon suit by Stone316 · · Score: 4, Interesting
    Its interesting to see that they are standing up to the RIAA, especially since Verizon lost.

    Maybe, after examining the Verizon lawsuit, they found a loophole?

    --
    "Thanks to the remote control I have the attention span of a gerbil."
  35. I Have A Question by tds67 · · Score: 1
    "This procedural gamesmanship will not ultimately change the underlying fact that when individuals engage in copyright infringement on the Internet, they are not anonymous and service providers must reveal who they are," the RIAA said.

    So does this mean if I admit in an Anonymous Coward post on Slashdot that I have made copyrighted files available on P2P networks (which I have seen other Slashdot posters do), then my ISP must give my account info for the IP Address associated with my post to the RIAA upon demand?

    And think before you respond with "No, because they have no evidence" because they have no evidence now (just a P2P shared filename, which may or may not be a music file).

  36. Re:They got resources. Just use 'em more effective by cybercuzco · · Score: 1

    So sell cable uncapped, at one rate. No one sues the phone company when crimes are committed over their network. As long as purchasers understand that they may get lower speeds because of all the users uncapping, its all good.

    --

  37. Dude... by xtermz · · Score: 3, Funny

    ...thats just way too many acronyms in a title, this early in the morning....

    --


    I lost my concept of community when my community lost all concept of me.
  38. *Not* Illegal search & seizure by Anonymous Coward · · Score: 0
    Only the government is prohibited from doing this. You have no constitutional rights that protect a private citizen from doing that - as long as that citizen is not acting for the government.

    Whether or not that citizen is violating some other law designed to protect your privacy (trespassing, breaking-and-entering, etc.) is another matter entirely...

  39. They don't want to lose customers by Anonymous Coward · · Score: 0

    What they are worried about is revenue. File sharing is one of the biggest reasons for having a broadband connection and paying $49.99 a month for it.

  40. Re:They got resources. Just use 'em more effective by spiritgreywolf · · Score: 1

    Okay... I'll bite... :-)

    When have you known a consumer ISP be all that proactive and responsive to many of these issues? Perhaps they go after the uncappers as that affects their bottom line, but you can't tell me that with either proper configuration of routers, etc., that they can't prevent most of this crap further upstream - and STILL protect privacy.

    They don't yet because it isn't FISCALLY viable to do so. Trust me - if there was a compelling business model, some major ISP would do just that.

    Unfortunately, it might run right smack into the face of the latest anti-terrorist laws, since the ISP wouldn't be able to identify anyone, and this situation would piss off Mr. Jackboot Govthug to no end.

    --
    Never have a philosophy which supports a lack of courage
  41. Broadband is for more than p2p by Anonymous Coward · · Score: 1

    How about for gaming? And it is very nice for plain surfing, too. My college doesn't allow p2p, but I still find the connection speed useful for browsing.

  42. Re:[O/T] How often do you get 3 different acronyms by Alpha27 · · Score: 1

    Maybe I should have implied I was kidding.

    Or ...

    I was j/k about the o/t posting here on /.

  43. Who to root for? by Anonymous Coward · · Score: 0, Funny
    RIAA vs. SBC?

    Can't we just lock them all in a big cage, toss in a lot of explosives and high-powered weaponry, and go far away for a while? Or maybe stay close enough to watch?

  44. SBC Fights RIAA Over DMCA by hype7 · · Score: 1

    As reported by the SFG, the DMCA is not AOK with the SBC, and they're taking on the RIAA ASAP. AFAIK, this is not a LOL matter, but be warned, IANAL

    TTYL

    -- james

    1. Re:SBC Fights RIAA Over DMCA by Anonymous Coward · · Score: 0

      Dude, if you worked for a telco, you would speak in acronyms after a while.

      They rival the military in their fondness for acronyms.

  45. Why was this modded up? by Anonymous Coward · · Score: 0

    No one is saying the ISP's are RESPONSIBLE for filesharing. The ISP's are involved because the RIAA is sending them subpoena's for the identities of people using their networks. That is completely different!

  46. RIAA vs. The World by Ransak · · Score: 5, Interesting

    The concept of the RIAA is brilliant. Alot of people dislike them for their heavy handed litigation, but they have little fear of customer backlash since they actually don't sell anything to anyone.

    The way to approach this problem would be to publicly embarrass the labels that fund them.

    If, for example, RCA Records were to be pointed out in the media for being a member of a lobbying group that has made a concerted effort to behave like legal vigilantes, restrict technology irregardless of it's use, and act like all around asshats, then I bet their support for the RIAA would drop quickly.

    A concerted effort needs to be made to tie the labels publicly to the RIAA's actions. Until that happens, the RIAA will continue to try to do as much damage as they can to piracy, irregardless of the collateral damage to the Internet, technology, and the constitution.
    --
    "Powers. I have them."
    1. Re:RIAA vs. The World by Anonymous Coward · · Score: 0

      "Irregardless" is a nonword.

    2. Re:RIAA vs. The World by Ransak · · Score: 1

      Actually, it is a word, just a nonstandard one. Fine for /.

      http://dictionary.reference.com/search?q=Irregardl ess
      --
      "Powers. I have them."
    3. Re:RIAA vs. The World by Anonymous Coward · · Score: 0

      You are right they don't sell anything, but they are a cartel like OPEC.

    4. Re:RIAA vs. The World by Lord_Dweomer · · Score: 1
      Exactly, thats what the EFF needs to do in a commercial. List the labels that are members of the RIAA, list the big artists under those labels....and then say: "It's not really the RIAA suing you, its the labels behind them. Boycott these bands."

      --
      Buy Steampunk Clothing Online!
  47. Re:[O/T] How often do you get 3 different acronyms by Anonymous Coward · · Score: 0

    It is actually not that uncommon especially in a technical field. Working with avionics there are too many acronyms to learn. I found the following sentence in 15 seconds from a book on my desk:

    When a VOR or LOC frequency is selected on the VHF navigation control panel, the frequency of the associated DME station (if there is one) is simultaneously selected.

    I guess if I kept looking I could find a sentence with 3 acronyms but I am sure you get the point with this one ;-)

    AC

  48. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  49. Skipping AOL Users by jafuser · · Score: 1

    In another thread, I read a comment that they might be cutting AOL users some slack, since they are customers of one of the large members of the RIAA.

    If this is the case, then I think this point should be addressed as well, as it could be seen as a way of abusing the legal system to harass your competitor's customers.

    --
    Please consider making an automatic monthly recurring donation to the EFF
  50. Personally.... by 222 · · Score: 1

    I dont give a damn WHY theyre doing it, im just glad that someone has the stones to stand against what is becoming the next Evil Empire (tm). I mean, honestly, since SCO and the RIAA have jumped in the mix, I just dont have time to bash Microsoft anymore :(

  51. RIAA Radar improved by PhilHibbs · · Score: 4, Informative

    You can now get a top 100 non-RIAA list from the RIAA Radar site.

    1. Re:RIAA Radar improved by panda · · Score: 1

      I checked out the list and was surprised at the number of formerly big name artists, Warren Zevon, Boz Skaggs, Earth, Wind, & Fire, who are no longer on RIAA labels. That right there ought to tell ya something.

      --
      Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    2. Re:RIAA Radar improved by Anonymous Coward · · Score: 0

      So are you telling us is *safe* to steal this music?

    3. Re:RIAA Radar improved by PhilHibbs · · Score: 1

      LOL!

  52. Anyone else notice this... by danielems · · Score: 1

    in its legal quest for online song-sharers butts

    Sounds accurate to me...

  53. RIAA huh by comet69 · · Score: 2, Interesting

    i'm a strong supporter of the free music community, and being a musician, and playing in a rock band, i'm totally against everything that the RIAA stands for to begin with.. its ridiculous to file lawsuits against teenagers for having downloaded music first of all.. There needs to be a GNU, but for Music.. Becuz just like the software industry, the source needs to be free! Open Music! bands make their money from playing huge shows, and selling merchandise like tshirts and stuff.. having their music heard worldwide, and for free, is something thats priceless.. i'd rather have billions of people hear my music, than only a couple that have the money, and the motivation, to go to the cd store to purchase it.. not saying that buying records isn't cool.. because it is.. and people should buy records to support cd stores, not a huge industry whose primary concern is capital and not passion...

    --
    - Hi I'm Linus Torvalds and I pronounce Linux, Lih-nix..
    1. Re:RIAA huh by Anonymous Coward · · Score: 0

      There needs to be a GNU, but for Music..


      Search on Google for the Green Open Music Licence. That's what the .ogg files on the Knoppix CD are released under.

  54. Size has nothing to do with profit by HanzoSan · · Score: 2, Insightful



    AOL Time Warner, Sony, etc etc have far far more lobby groups, and own far more politicians.

    --
    If you use Linux, please help development of Autopac
    1. Re:Size has nothing to do with profit by nelsonal · · Score: 1

      The bell's are little more than a billing department, and lobby organization. They were regulated monopolies, which means their prices and profits were limited by the government and they had a huge interest in the government's actions and decisions than most companies. The bell's are a very powerful, but more quiet lobby.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    2. Re:Size has nothing to do with profit by DickBreath · · Score: 2, Funny

      Are you trying to say that size does not matter?

      --

      I'll see your senator, and I'll raise you two judges.
    3. Re:Size has nothing to do with profit by Pieroxy · · Score: 1

      That's what my wife tells me all the time. It must mean something. But what?

  55. SnowBalls Chance in Hell by nurb432 · · Score: 1

    Unfortunately, while I also agree the DMCA is evil and should never have been enacted there is little chance a Bell will stop it.

    while they are MUCH larger then verizon, they are also despised by the government ( remember the breakup? ) and don't have the lobbying power any more to counter act this anti-citizen/pro-government thing.

    But more power to them... I wish them luck, and support their cause via my monthly phone bill.

    --
    ---- Booth was a patriot ----
    1. Re:SnowBalls Chance in Hell by Dun+Malg · · Score: 4, Insightful
      they are also despised by the government ( remember the breakup? )

      Huh? That breakup, 20 years ago, was targetted at AT&T. Even if one buys into the notion that "the government" can somehow manage to hold a grudge for two decades, why would they hold it against SBC? Their beef was specifically with AT&T. They forced AT&T to spin off a bunch of smaller, autonomous companies to conduct local operations-- the baby bells. Additionally, SBC is a consolidation of a whole mess of former baby bells and NON-bell operating companies, so they have little relation to a court action from back then.

      Does "the government" despise Chevron? Exxon? Any of the other former Standard Oil companies? Same thing there. The government really doesn't care!
      People need to quit thinking of the government as an entity with human feelings and sensibilities. It may be full of humans, but it's just a faceless, mindless machine.

      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:SnowBalls Chance in Hell by InfiniteWisdom · · Score: 0
      just a faceless, mindless machine


      Given that Bush is president, I do see what you mean my mindless.

    3. Re:SnowBalls Chance in Hell by Angry+Pixie · · Score: 1

      The federal government doesn't have a grudge against SBC Ameritech, several state governments including Illinois and Ohio do. But that means little. Illinois has been fining Ameritech for years, and the company still has yet to pay a single dime.

      Why is anyone talking about the Modified Final Judgment???? That was AT&T, and that was 1984. If someone needs proof that the federal government actually loves the telcos, look at the Telecom Act of 1996, and look at the government's shoddy handling of Global Crossing, Qwest, and WorldCom to name a few.

      I don't care what WorldCom or even John Sidgmore says, there is no more MCI... ah, that felt better.

  56. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 0

    This story has little to do with BuyMusic.com screwing over the bands and more to do with the record companies owning the band. The recording industry has a history of shafting their customers. The culprit here is 'The Orchard'. There's a whole show dedicated to how recording artists are screwed over by the recording industry... it's called 'Behind the Music'.

    Oh yeah... the BuyMusic.com commercials are blatently copying the Apple itune commercials, but with less charismatic people listening to the songs.

  57. SBC and Privacy? I don't think so. by ansible · · Score: 1

    If SBC was so concerned about privacy, they wouldn't have you install so much adware and spyware when you order DSL service from them.

    Feh, you wouldn't believe all the crap that gets installed, and with no option for not installing it.

    And on top of that, they implicitly encourage people to directly connect their PCs to the internet, without any firewall or firewall software. So I guess they're not concerned when some skript kiddie installs a keylogger on your PC, and transfers money out of your bank account.

  58. Maybe. by OS24Ever · · Score: 2, Funny

    But I remember the reason I got broadband was for the free pr0n, not the free music.

    But then that was ISDN in 1996.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

    1. Re:Maybe. by Thing+1 · · Score: 1
      (I know, I know, never reply to signatures, but this made me laugh so please enjoy.)

      As a rock-in-roll Physicist once said, where ever you go, there you are.

      "rock-in-roll": a rock sandwich!

      --
      I feel fantastic, and I'm still alive.
  59. Re:They got resources. Just use 'em more effective by pdbogen · · Score: 1

    I'd rather see an ISP that actively protects its users' privacy.

    RIAA: All your IP are belong to us!

    VigilanteISP: Say hello to my little friend.

    [gunfire and explosions]

    RIAA: (This line intentionally left blank to represent the total mortality rate imparted upon the RIAA's Legion of Undea^H^H^H^H^HLawyers)

  60. You are responsible for your childrens useage by nurb432 · · Score: 1

    Just like if they use your car and run over someone, guess who is financially liable.. Its not them..

    This is a civil issue, not criminal ( yet ) so yes, dear parent YOU are the one that coughs up the cash. And its your account in question as well..

    If it was THEIR internet bill perhaps.. but if they are under 18, they cant have one anyway so we are back to the same thing.. you get hit with it....

    And if its your wife.. well.. its sort of hard to sue 1/2 a marriage.. Even if its done, you both in reality are paying the price, just not on paper.

    --
    ---- Booth was a patriot ----
    1. Re:You are responsible for your childrens useage by hesiod · · Score: 1

      > If it was THEIR internet bill perhaps.. but if they are under 18, they cant have one anyway

      What? I had an internet account that I paid for and was in my name when I was 15. So yes, a child CAN have their own "internet bill"

    2. Re:You are responsible for your childrens useage by b!arg · · Score: 2, Insightful

      Just because it is done doesn't mean it should be done. If you are under 18 you cannot sign a contract as I'm sure most are aware. So the ISP wasn't really acting in its own self interest very well...

      --

      Everybody dies frustrated and sad and that is beautiful
    3. Re:You are responsible for your childrens useage by gantzm · · Score: 1

      What? I had an internet account that I paid for and was in my name when I was 15. So yes, a child CAN have their own "internet bill"

      In serveral (maybe many?) states of the union, a child under 18 can not legally enter into a binding contract. This is ignored for most purposes, think of people under 18 buying cell phones and service. But either way it is the law, and it does come up occasionaly as an issue.

      --


      Excessive forking causes un-wanted children.
    4. Re:You are responsible for your childrens useage by Pofy · · Score: 1

      >In serveral (maybe many?) states of the union, a
      >child under 18 can not legally enter into a
      >binding contract.

      The same is, almost, true here in Sweden too BUT with the addition of "withouth the acceptance of their parents". So if the parents accept the contract, then yes, someone under the age of 18 can indeed enter into contracts. That is why a child can indeed go to a shop and buy things. However, the shop keeper should be carefull on expensive deals with children if there is no reason for the to believe the parent would agree to it. The parent can for example, without any other reason than that they don't agree to the purchase cancel it and get the money back claiming it was sold to someone under 18 years old without their concent.

      ALl this does NOT however, transfer responsability for the contract over to the parent.

  61. wire tapping? by Heisenbug · · Score: 1

    This seems more equivalent to wire tapping. If someone is breaking the law over phone lines, the phone company isn't responsible -- but they still have to help investigators, and so, it seems, do ISPs.

    Note that I didn't come down, in this particular post, on whether file sharing is actually illegal, whether it should be, or whether the RIAA should have the same powers that criminal investigators do. :-)

    1. Re:wire tapping? by Issue9mm · · Score: 1

      Yes, but the investigators have to obtain a warrant before they can tap a line. Right now, under the DMCA, the RIAA just has to ask, without any interaction from any governmental agency whatsoever.

      That is what SBC is fighting.

      -9mm-

  62. Possible Loophole by ssims · · Score: 2, Insightful

    Ok, so say you get served with a subpeona. The RIAA [read evil money hungry bunch of monkeys] supposedly has records that you have infringed upon copyrighted music. When you get to court you make sure you bring a laptop...when they say, [in nasalated evil lawyer tone] "Mr. Doe, we have evidence that your hard drive on DATE contained the following copyrighted songs, LIST." You reply by asking them if they have proof that the files were legimitate MP3s, OGGs or whatever. Did they actually listen to the "songs", do they have a copy of said songs showing with out a doubt that it came from your computer, with them right then and there? Then, you take your laptop and show the judge how easy it is to rename a 4-8MB file artist-song.mp3 Tada! Now you have what looks like a song, but it's really not. Now the only trouble with this approach is if the RIAA [read evil money hungry bunch of monkeys] actually has proof that they were real music files and that they came from your computer, etc...

    1. Re:Possible Loophole by Anonymous Coward · · Score: 0

      that's a great idea....i wonder how it would go?
      also...i dont think there is any way they can prove it? unless isps log that much traffic(which i doubt), there is no way the riaa could show proof of your transfer to them is there ?

    2. Re:Possible Loophole by Zeriel · · Score: 1

      One word. Hash.

      I dunno if the RIAA is smart enough, but the easiest way for them to search for songfiles that are unequivocally theirs is to search by cryptographic hashes.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    3. Re:Possible Loophole by Anonymous Coward · · Score: 0

      How accurate is the hash, though, if you were to modify the file. Say, truncate that last second of near silence? There are plenty of times I've seen songs listed on blubster with the same title, play length and bit-rate, but the hash is completely different.

    4. Re:Possible Loophole by Zeriel · · Score: 1

      That's the point of a cryptographic hash, indeed, and why you'll see a lot more trivially different songfiles if the RIAA is using that method. However, if songs are going to be mass distributed, that necessarily cuts down the number of individualized copies--adding even the small amount of work necessary to clip off a fractional second of silence from each track will likely drop trading a good deal until/unless it's automated.

      Hashes are also good because they're pretty unequivocal proof that you had a file matching the hash--they're not so good for searching, but they're GREAT for convicting.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
  63. We do wireless, cable and dsl could do the same... by numbski · · Score: 1

    Use layer 2 addressing to the terminating device. In our case this is a radio that we supply. In the case of cable/dsl, it's a router that often they provide, but you can use your own.

    I've yet to see the RIAA or anyone else hunt people down by mac address. :P

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

  64. What about me? by eclectic4 · · Score: 2, Interesting

    Now, I'm sure that SBC is doing this only after consulting with their accountants and realizing that doing this would either make or save them money. Either via marketing incentives or via lawsuits costing less then compliance. Otherwise they would NOT be doing this.

    With that said. I use SBC Broadband. I use a Mac, and I use Acquisition for all of my download needs. My shared folder? One with about 150 html help files, nothing more. Is this a nice thing to do to other sharers? Not really, but I download all DAY, and yet will only show these benign html files as being shared. You see, Acquisition allows me to designate a different folder for my dowloads and a differfent folder for sharing.

    Wouldn't this make me "safe"? If someone browses my files, they only see "help1.htm, help2.htm..." as that's all that's in my share folder. I have YET to have one upload (go figure).

    --

    "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    1. Re:What about me? by eclectic4 · · Score: 1

      ...oh wait... that would mean the RIAA wins... because if we all did this, there would be nothing to share.

      I'm fixing this tonight, fuck them....

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    2. Re:What about me? by Anonymous Coward · · Score: 1, Insightful

      You are the reason I am disgusted with many file sharers. It is the height of hypocracy to take without giving. Sure you manage to allay any sense of culpability but you go completely against the ideals of open source and file sharing. To do nothing but take is completely selfish. There are many times I have shared with someone like you but it is only because I think they may be new to the community. If I saw those 150 files of crap you would be banned.

    3. Re:What about me? by eclectic4 · · Score: 1

      Understood, and I am changing it tonight... I am also going to get in the habbit of banning others that do this too. The odds of getting caught are astronomical, and I certainly do not want to hurt the sharing community. I've been bad, but will mend my ways...

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
  65. Its not treaspassing when have an 'open house' by nurb432 · · Score: 1

    By definition P2P sharing is like having an "open house" sign on your house.

    Since you are allowing other people anonymously to come in to browse and download, the argument that they broke any law to look at your files is silly.

    Now, if you had restricted access... ( like a sign in your yard 'party, invited guests only' ) then we can talk about breaking and entering without a warrant.. ( though there are some issues of "illegal activity in public view" that might come into play..)

    --
    ---- Booth was a patriot ----
  66. So SBC, like Verizon, is concerned about the cost. by MOMOCROME · · Score: 2, Insightful
    Michael, as always you pipe up with the useless snide commentary that betrays your privileged, naive, simplistic world view... You are taking a pot-shot at SBC like a fool and you completely miss the important point: the reality here is that the market pressures happen to be working in favorable coincidence with privacy rights, for once. Enjoy it, thank SBC profusely and make it worth their while to turn the reality into positive PR and increased goodwill between the telcos and the customers.

    You'd think this would be happy news, something that should be noted and considered in a thankful tone in the write-up. But as always, Michael, you show yourself to be a thankless and simplistic fool. To turn your nose up at SBC for operating in congruence with public interest, no matter what their motivation in the matter, is just sending the message that "no matter what you do we'll resent you, you evil company!". You are basically putting them into a position of 'damned if they do, damned if they don't' with your editorial powers. such a shame.

  67. Re:They got resources. Just use 'em more effective by JayJay.br · · Score: 1

    Yeah, and one week later, every single script kiddie in the world has an account into that ISP.

    If nothing gets actually logged, the thing becomes an anarchy. Don't get me wrong, I'd also love an ISP with such a behaviour, but "no way to trace you back" also means "w3lc0m3 70 p4r4d1s3, k1dd13z" and THAT surely is not the kind of publicity an ISP is wishing for.

  68. What SBC is really worry about by GreenCrackBaby · · Score: 1

    I'm sure it has already been said, but

    "So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving."

    Actually, they are worried about going out of business. I'm not afraid to admit that I download stuff like a madman, and that's the only reason I have my high speed connection. I don't game online, and there's little else that would justify me spending much more money on my high speed connection. I'm sure I'm not alone in this boat, and the ISPs know it. They have to fight this, or they lose valuable subscribers.

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
  69. Privacy vs. Law Enforcement by Gefiltefish11 · · Score: 2, Interesting


    I think this ongoing conflict between the RIAA, advocating the protection of copyrights, and businesses and individuals who oppose the RIAA's actions is interesting, but not because Kazaa and free file-swapping should reign supreme and continue unhindered. The real issue, IMHO, is about the individual's right to privacy and how that is balanced by another's right to enjoy gains from their work (copyrights). Despite the fact that the RIAA acts as a proxy for individual artists' copyrights (as a copyright is really designed to protect an individual and not a corporation), it comes from a defensible basic position. Individuals should not be allowed to enjoy someone else's work without compensating the creator.

    However, individuals and corporations who are coming from the opposing position (e.g., SBC), are best served by arguing, not that file sharing should persist unfettered, but that individuals have the right to interact with others, whether by direct connection, email, postal mail, private conversations, etc. with privacy. Only legal authorities should have the right to invade that privacy and this should only be done after legally obtaining a warrant from a judge.

    Though I am not a attorney, this position in favor of privacy seems highly defensible because to invade privacy just because it might involve copyright infringement (an individual could be downloading a track for which they own the CD --yes it happens, albeit infrequently) is a far more grevious offense.

  70. STEALING CUSTOMERS? by Anonymous Coward · · Score: 0

    So, what is to stop RIAA types of groups from getting lists of customers, and then selling those lists?

    Like telecom 'Slamming', this can be used as a marketing weapon, for sending spam and other business practices...

    ISPs get the short end of the stick here,
    because not only do they have to give away their own customers, they have to pay the costs of loosing their own revenue streams!

  71. Re: BuyMusic.com Ripping Off Artists by Anonymous Coward · · Score: 0

    Yah... I'm sure the AC needs karma real bad.

  72. People can we step back a second. by OS24Ever · · Score: 5, Insightful

    This is still something that has not been explained to me without it coming down to 'i like to steal music because it's easy and free' not 'i like to preview my music before I run out and buy the CD'

    p2p in itself is an awesome technology. BitTorrent is one of my favorites, it solves that problem of things like Fileplanet that make yous sit through 70 ads for 30 min while you wait to download the latest 50MB patch to fix a game you like that wasn't released finished, but half finished because the hype machine kept it going for 2 years before it was ready (1.5 before it was released)

    but Kazaa, Napster, Grokster, and any other method of distributing music that was taken from a CD that was distributed as a copyrighted material is just as bad as the guys that scan in the playboy centerfolds and post them to usenet. It's theft of property/right to make money.

    Just because we think RIAA is screwing the artists, and RIAA is keeping CD prices artifically high, or whatever justification of the week is tossed out, you're still stealing the music.

    It's not like Napster/Kazaa negotiated contracts with the artists that allowed you the user to download music seperate and outside the distribution structure. Its not like the artists are fighting RIAA by not signing contracts for music, heck they're jumping at the chance for a record deal with 'the industry' and are happy they get the $0.08 per CD or whatever measly amount it is.

    When you download a song off of kazaa or whatever the p2p du jour is, you're stealing. There isn't a justification for this other than some made up BS. You aren't 'fighting the man' because 'the man' is someone that is out to make a buck. they're not 'trampling your rights' in an attempt to enforce their valid and legal copyrights.

    If half the energy was put into going after our lawmakers to get things like Copyright lenghts, patents, and all the things that have been legally approved by our legally elected representatives and making them change this, we'd get something done.

    Instead we're going to make a bunch of lawyers rich, a bunch of parents whos 12 year old kids are downloading and hosting millions of songs turn off the internet because it corrupted poor johnn and jane, and we're going to get it so that anything outside of port 80 requests to certified websites will be reported as piracy activity and they'll use the PATRIOT act to hunt us down.

    73 iTunes Music Store songs purchased and counting.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

    1. Re:People can we step back a second. by Anonymous Coward · · Score: 1, Informative

      Sigh. Don't even know where to start ...

      Allow me to point out that you have a hazy view of "theft" that, while you believe it to be adequate or appropriate, is irrelevant. The context here is a legal one. In that context, the topic is not "theft" but "copyright infringement" and is subject to a body of law different from "theft." I'll also point out all those usenet posters committing acts of "theft of property/right to make money," have made as much money as I have from this anonymous post to Slashdot.

    2. Re:People can we step back a second. by wintermute740 · · Score: 1

      This is still something that has not been explained to me without it coming down to 'i like to steal music because it's easy and free' not 'i like to preview my music before I run out and buy the CD'

      Actually, I *do* download before buying. This week alone, I've purchaced five CD's that I would otherwise not have, if I had no way to sample the entire CD first. I've paid $20 for a CD that I like 1 song from for the last time, than *THAT* is what the RIAA is worried about.

    3. Re:People can we step back a second. by iso · · Score: 3, Interesting

      When you download a song off of kazaa ... you're stealing

      You are right in your reasoning, but while this is off-topic, I do have a problem with the word "stealing." As we know, "stealing" bits is a lot different than "stealing" a physical CD from HMV. To avoid confusion, I'd like to use the phrase "using an unlicensed copy," (or something like it) as that is more accurately representative of what is happening. So, your phrase might look like:

      When you download a song off of kazaa or whatever the p2p du jour is, you're copying a song that you have not licensed!

      Other than that it looks great.

    4. Re:People can we step back a second. by tinrobot · · Score: 1

      You're right on every count, but these arguments sound a lot like a hopeless drunk trying to justify the addiction to alchohol with a lot of pointless excuses...

      ...and that's what p2p has become for a lot of people, an addiction. You get stuff that makes you feel good (i.e. music) for free. Of course, the new stuff you just downloaded is always better, so you want more, more, more...

      Next thing you know, we got 12 step programs for p2p'ers and Dr Phil is talking real serious to the parents of the young teen who has a serious 'problem.'

    5. Re:People can we step back a second. by Anonymous Coward · · Score: 5, Insightful

      "This is still something that has not been explained to me without it coming down to 'i like to steal music because it's easy and free'"

      I agree with you. But the whole situation is very much a result of the record companies themselves. Overcharging for CDs creates the demand for other business models.

      I was directly exposed to their marketing strategies during the 90's. Remember those CD clubs where you'd get the first 5 CDs for a dollar. Most people thought they made their profit off of the other CDs you were obligated to purchase. The truth was that without the costs of shipping, they often made a profit from the 5 CDs for $1. You can guess from there how much made it back to the artist.

      Now that iTunes has finally had a chance to set an example, perhaps the record companies will relax. But it has taken almost a decade to get them to do this. I personally know people who were working on almost a business model nearly identical to iTunes beginning in the early 90's. ZERO record companies went for it because they had their profits locked up already via overpriced CDs.

      "73 iTunes Music Store songs purchased and counting."

      If it weren't for the pressure generated by fileswapping, your iTunes store would not exist.

      What it comes down to is most people (like you apparently) are willing go with "easy and cheap". But they've effectively had two choices up till now: expensive or free.

    6. Re:People can we step back a second. by shadowpuppy · · Score: 1

      I think you're missing the point. Whats going on here is a conlfict of two moral ideas.

      1. People should be able to enjoy the arts.

      2. Artist should get compensated for their efforts.

      Since the record companies swindle the artists, the second one takes a back seat to the first. And hence we have the p2p networks.

      I think it would make more sense if we just mailed the actual artists in question a 20.

      As others have pointed out words like "stealing" and "theft" confuse the issue. Especially since theft is derived from "I should be able to use my stuff whenever I want", which you still can since we are getting a copy.

    7. Re:People can we step back a second. by Anonymous Coward · · Score: 2, Insightful

      You raise some valid points, but I think you are unfairly dismissive of what you call the "fighting the man" defense. The fact is that a new technology has arisen that makes large portions of an existing industry irrelevant. It's a powerful, entrenched industry, and consequently it has legal protections for itself. You may consider the following just an elaborate justification for self-serving behavior, but I feel that by going to shows, supporting smaller acts with CD purchases, and, yes, stealing major label music off of P2P networks I am doing nothing more than my small part to hasten the fall of a fundamentally doomed industry of middlemen.

      Artists don't make very much money on CD sales -- only the largest acts cover the spread on their advances and start to collect royalties based on sales. Filesharing takes money out of these folks' pockets, it's true. Most acts, though, don't achieve that level of sales. An advance generally pays for recording an album, but most of their real revenue comes from touring. I think it's reasonable to say that P2P is likely to increase live show attendance, if anything, by fueling interest in bands through easy access to their music.

      So who loses out? Not the artists particularly; mostly it's the industry middlemen. Don't they deserve to make a living? Well... sort of. What function do they serve? It basically boils down to four services: critical filtering (discovering new acts), marketing, venture capital (to help smaller acts break by bankrolling tours and albums), and distribution.

      P2P itself has proven that distribution is no longer a valuable service. Albums can be distributed digitally for almost no cost. If people want archival copies or artwork there's no reason a band can't contract this particular service to a third party and sell it through their website.

      Critical filtering/artist development is of debatable merit -- I think you could argue that the music industry really hit bottom in terms of variety and quality immediately before Napster hit. Various industry observers pointed to this as a reason for declining sales before P2P was settled on as the "real" reason. When it comes down to it, I'll stick to music critics and my own judgment. P2P helps in this area, too -- various services exist to help people discover new music they might like based on what others are listening to.

      Marketing: nobody likes marketing. It's designed to manipulate the public to increase profits for others. It may help a given band, but generally this only applies to the process of manufacturing the largest acts -- nobody gets a billboard in times square bought for them because an A&R exec was really moved by their album. Smaller acts increasingly use their fan clubs as street teams to put up fliers. Raising awareness about your band is fundamentally a problem of information dissemination -- making it another area the net can take care of without the recording industry.

      So we're left with the venture capital argument as a justification for the continued existence of the music industry. And it's not a bad one: the alternative seems to be a couple more years' worth of overtime at the DQ before a struggling band can take their music to the masses -- or at least some harebrained scheme like fans buying bonds from their favorite bands. But the digital revolution behind P2P is also making recording an album a lot easier and cheaper. The average band already owns the instruments they need, and probably a PA. Throw a $300 sound card in a PC -- and maybe an open-source ProTools equivalent (admittedly a stumbling block -- does anything even approaching this exist?) -- and you can make something that sounds pretty damn good. Professional quality audio will soon be within everybody's reach.

      I think the practical impact of this will be the death of the superstar. If the music industry collapses it will be a lot harder for an act to afford touring with a huge light show, pyrotechnic display or giant inflatable devil. And cand

    8. Re:People can we step back a second. by lasmith05 · · Score: 0

      I always think the same thing when people say p2p users are STEALING music. You can listen to the same music on the radio/internet radio, technically for free. A lot of the mp3s you download are ripped from the radio (you can hear dj intros) And I know I can't speak for anyone but myself, but I didn't really buy much music back before p2p either. I listened to the radio and occasional made a copy on tape to listen to. I've known people that made whole mix tapes just from the radio. Since the media was practically given away for free, how can it be stealing? Just my 2 cents.

      --
      www.samuraidreams.com - My Blog
      www.samuraifiles.com - Get Some Videos Here
    9. Re:People can we step back a second. by OS24Ever · · Score: 1
      I've paid $20 for a CD that I like 1 song from for the last time, than *THAT* is what the RIAA is worried about

      If they were worried about that why is the iTMS from Apple in business?


      Not trying to troll here, I'm just trying to understand where the 'reasoning' comes from. And its not like I've not been burned by this. I have quite a few 'one hit wonders' CDs in my collection. But with the advent of iTMS I have a bunch of singles now that I didn't have before/didn't trust buying the CD without hearing it type thing.

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    10. Re:People can we step back a second. by FreshFunk510 · · Score: 1

      Anybody here know about the letter of the law when it comes to Copyright violation?

      I was thinking about this the other day: At what point is it a violation? I'm pretty sure file-sharing of mp3s is, but is it really "stealing" if you're sharing/downloading a version of the song that is of lower quality (assuming at one point it was ripped from a CD) than the original? And what about the fact that you're not selling the music but giving it away?

      The same question can be applied to movies. Sure, the movie ripped from DVD is off exceptional quality but what if you taped a movie on video camera? It is really crappy quality, but does it still quality as copyright infringement? If I make a poor quality parody of the WB icon is that copyright infringement?

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    11. Re:People can we step back a second. by OS24Ever · · Score: 2, Insightful

      Point taken. That is a better way of saying it than I was.

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    12. Re:People can we step back a second. by FreshFunk510 · · Score: 1

      An interesting point was made on NPR by a caller the other day.

      Why doesn't music get cheaper with time (like many other products)?

      His basic complaint was that with file-sharing you can get music from 40 years ago. With iTunes/BuyMusic you can't because they have no selection. His gripe was with CDs with songs from the 70s and 60s still selling for $17. Why doesn't old music get cheaper since they've had so much time to reap a profit?

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    13. Re:People can we step back a second. by OS24Ever · · Score: 1
      1. People should be able to enjoy the arts.

      2. Artist should get compensated for their efforts.

      how is this a conflict of moral interests? To me they are one and the same. We should be able to enjoy the arts, and the artist should get compensated for the work. These can't be seperated.
      Since the record companies swindle the artists, the second one takes a back seat to the first. And hence we have the p2p networks.

      This goes to my 'fighting the man' statement. This is BS. If the poor starving artists were swindled than why do I see shows like 'MTV Cribs' that has the latest artist du jour showing off their palatial mansion? Are they that swindled? I'd like to be swindled like that. Maybe the niche artist with a small network doesn't need the big distrubtors and p2p is more for that person, but the big, name brand acts like Metallica, Madonna, etc can do just fine off of their 'swindling' they get.

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    14. Re:People can we step back a second. by SifuDave54 · · Score: 1

      but Kazaa, Napster, Grokster, and any other method of distributing music that was taken from a CD that was distributed as a copyrighted material is just as bad as the guys that scan in the playboy centerfolds and post them to usenet. It's theft of property/right to make money.
      I am sorry, "friend", but Kazaa, Napster, and Grokster are not designed to share music specifically nor should they be labeled simply as a "method of distributing music that was taken from..." Technically, TV, radio, CDs, etc. can all be used for this too.

      Just because we think RIAA is screwing the artists, and RIAA is keeping CD prices artifically high, or whatever justification of the week is tossed out, you're still stealing the music.
      The RIAA does none of these. It is the record labels that do this evil. And you're not stealing music, you're infringing copyrights. Did you know its technically illegal to imagine a movie you just saw with another actor in the lead? That's infringing copyright too.

      It's not like Napster/Kazaa negotiated contracts with the artists that allowed you the user to download music seperate and outside the distribution structure.
      Actually, I'm pretty sure Napster did sign one such contract at some point.

      When you download a song off of kazaa or whatever the p2p du jour is, you're stealing
      You're NOT stealing. You're not taking someone else's property that they don't want you to have. Technically that person is willfully copying it for you. That is a *copyright infringement*, since you don't own the right to copy that work (though the argument is often made that it is the person who owns the computer you're getting the music off of that is doing the actual 'copying'). Big philosophical difference, though under law there is little.

      There isn't a justification for this other than some made up BS. You aren't 'fighting the man' because 'the man' is someone that is out to make a buck. they're not 'trampling your rights' in an attempt to enforce their valid and legal copyrights.
      I have recently personally become a big disbeliever in the copyright and patent systems as a whole. I don't even need to cite examples where patents have held back cancer and AIDS research, or how the record labels go against the original spirit of the original copyright law. We've all heard of these. I will however cite the fact that the DMCA is constitutionally unsound, and I am sure that within a few years it will be found so by a high-level court of law. If it isn't, I'm moving to Canada, because I will have lost what little faith I personally have in the good ol' US of A. And technically, they are trampling your rights, such as the right to due process.

      That is all I have to say for now, except that I am disturbed at how often we are all referred to as "consumers" instead of "citizens" by congress.

    15. Re:People can we step back a second. by wintermute740 · · Score: 1

      If they were worried about that why is the iTMS from Apple in business?

      Legitimate question, except not everyone has hardware that they can use with Apple's service. Also, it's not like I say "Gee, I like one song, so I'm going to keep that one and erase the rest without paying for it." I actually delete the music that I don't like. If I were to do that with Apple's service, then I'd still be out the money for music I don't like. This, I believe, is where the grey area lies. Some people just don't pay. This is wrong. Some people use a legitimate service, but they're still stuck paying even if they just want to sample. Others, like myself, could care less if a song is low-quality on one of the other p2p networks, because we just want to hear the songs that we're considering purchacing. Even if I used Apple's service, I would probably still do it the same way; I simply don't want to be out the money if I don't like the product.

    16. Re:People can we step back a second. by OS24Ever · · Score: 1

      You raise some valid points, but I think you are unfairly dismissive of what you call the "fighting the man" defense. The fact is that a new technology has arisen that makes large portions of an existing industry irrelevant. It's a powerful, entrenched industry, and consequently it has legal protections for itself. You may consider the following just an elaborate justification for self-serving behavior, but I feel that by going to shows, supporting smaller acts with CD purchases, and, yes, stealing major label music off of P2P networks I am doing nothing more than my small part to hasten the fall of a fundamentally doomed industry of middlemen.

      So what's next, car dealerships? they're all corrupt and screw everyone right? See that's the part I don't understand. If you don't like the way someone does business, don't do business with them. Copyright infringing/stealing/denying them the right to make money off their product, however you want to call it doesn't justify your position, it makes you a violator of the law in this country and makes you punishable by civil and possibly criminal penalties (I hope the congress is just not THAT stupid, we'll see)

      Artists don't make very much money on CD sales -- only the largest acts cover the spread on their advances and start to collect royalties based on sales. Filesharing takes money out of these folks' pockets, it's true. Most acts, though, don't achieve that level of sales. An advance generally pays for recording an album, but most of their real revenue comes from touring. I think it's reasonable to say that P2P is likely to increase live show attendance, if anything, by fueling interest in bands through easy access to their music.

      I agree on this point. The artists do not make money from CD sales. They make money from the acts they perform that are created by the demand of CD Distribution. p2p could get money to the artist, but the current method of p2p does not get money to them, or to the current distribution method and they will hunt people down. Right now it may be for the more 'name brand' acts but if this continues they will do it for anyone they support. But again, the current p2p method is still outside the bounds of the contracts in place, and methods of distribution. They are flat out copyright infringment which is punishable by civil and possible criminal penalties.

      So who loses out? Not the artists particularly; mostly it's the industry middlemen

      But does this make it right? No.

      Marketing: nobody likes marketing

      So? It's a necessary evil. You have to engage in marketing every time you went out on a date, looked for a job, made a friend. Some folks just have made it an entire packaging thing, it still doesn't justify breaking the letter of the law

      But the digital revolution behind P2P is also making recording an album a lot easier and cheaper. The average band already owns the instruments they need, and probably a PA. Throw a $300 sound card in a PC -- and maybe an open-source ProTools equivalent (admittedly a stumbling block -- does anything even approaching this exist?) -- and you can make something that sounds pretty damn good. Professional quality audio will soon be within everybody's reach.

      this point is a good one. To address your technology point, I've been picking up CDs for $5 - $10 after local music groups for years as I attended small bar with local talent for years. Some of my favorites included 'Split Lip Rayfield' which started out in Mid Wichita, KS and had a bass player who made his bass out of a 5 gallon gas can & a weed wacker string. (He was the brother of a girl I hung out with). They burnt their music to a CD using a Soundblaster & some burning software back in '96 or so. It can be done easily with a $500 - $700 computer today, Mac or PC

      But search down your KaZaa list, or show me a few new artists

      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    17. Re:People can we step back a second. by OS24Ever · · Score: 1
      Legitimate question, except not everyone has hardware that they can use with Apple's service.

      Ok, but there's Buymusic.com or whatever that car wreck is. That's got 95% of the market or whatever can use. Bad example with iTMS but I'm a recent convert to the mac platform and wonder why the hell I didn't do that a long time ago.
      I actually delete the music that I don't like. If I were to do that with Apple's service, then I'd still be out the money for music I don't like. This, I believe, is where the grey area lies.
      does the 30 sec preview not enough? I used to use CDNOW pretty heavily prior to the amazon buyout. I could figure out if I liked it enough to buy it blind by listening to a few of the 30 sec tracks. Barnes and Nobel and Borders in my area (Raleigh) lets me pick up a CD, wave it under a bar code reader and hear the whole thing if I want.

      You are probably in the minority, and you use p2p to pick what you own. I've seen kids (12 - 17) and adults (21+) that get every p2p file they can find and use it to populate their CD players, their MP3 players.
      --

      As a rock-in-roll Physicist once said, No matter where you go, there you are.

    18. Re:People can we step back a second. by swordgeek · · Score: 1

      Conflict? The only conflict I see if if you amend your first point to:

      1. People should be able to enjoy all of the arts for free, on their terms, no matter what the artist wants.

      Otherwise, these statements go together perfectly.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    19. Re:People can we step back a second. by caudron · · Score: 1

      you're still stealing the music.

      That statement assumes a lot.

      Firstly, it assumes that IP violations are a form of "theft". No court has yet ruled it to be the case. IP Violations are their own seperate crime aside from stealing. So using terms like theft when referring to IP violations is a bit like name-calling. Everyone hates thieves, so let's call IP violators thieves so that no one will want to be one....similar to the latest craze of calling everyone who isn't strongly pro-Bush a terrorist.

      Secondly, it assumes that my reasons are because I am cheap and/or dishonest. The assumption here is incorrect. I am neither. Indeed, I see a large moral problem with the artists themselves expecting to get paid over and over again for the same piece of work. Music is a performing art. Let them perform for it. I will attend concerts of bands I enjoy, but I will not pay them over and over again for the same 3.5 minutes of work on their part. I don't expect that of my work, and I won't accept it with theirs. That way lies madness and greed.

      Before you jump to the next set of conclusions, let me add that, yes, I'm a programmer. No I don't accept royalties on my work. I get paid for time worked and no more. I refuse to do business any other way. I word my contracts such that they understand that any work I do is free for whatever use they'd like to apply it to, and that I to am free to do the same (excepting any trade secrets they insist be maintained, of course). Further, yes I realize that my ideas would mean less canned music and more live recordings (cheaper than hiring studio mixers and crap like that) and frankly, I see that as a Good Thing(tm).

      -Tom

      --
      -Tom
    20. Re:People can we step back a second. by swordgeek · · Score: 2, Insightful

      OK, I'll try to argue this, without using the 'fight the man' argument, at least not blindly. Fundamentally I agree with you (which is why I have over 500 purchased CDs, and less than 15 downloaded songs)

      My goal is to buy music that I like, and support the artist. Unfortunately under the current system, if I buy music from the major labels I'm not supporting the artist substantially more than if I downloaded (stole, yes I agree that it's morally stealing) the song. Consider that out of the roughly ten thousand dollars I've spent on CDs, the combined artists would have received a total of $75. (I say would have, because MANY of those CDs were purchased directly from the artists.) Whee. I'm certainly helping them out.

      The problme here, as I see it, is that the RIAA and the record labels are so utterly corrupt that people just don't see any advantage to the artist to buying their music, other than to support the Industry.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    21. Re:People can we step back a second. by Anonymous Coward · · Score: 0

      I don't buy CD's, never have, never will. I used to have to break in to cars to get CD's. It was a real hassle, b/c sometimes it would be some chicks car and they'd have nothing but crap. Now I can just download music. I get what I want, when I want.

    22. Re:People can we step back a second. by Anonymous Coward · · Score: 0

      So what's next, car dealerships? they're all corrupt and screw everyone right? See that's the part I don't understand. If you don't like the way someone does business, don't do business with them. Copyright infringing/stealing/denying them the right to make money off their product, however you want to call it doesn't justify your position, it makes you a violator of the law in this country and makes you punishable by civil and possibly criminal penalties

      I think we're getting tripped up here -- I don't see perfect overlap between the legal and moral boundaries of this issue. I will freely admit I don't have a leg to stand on, legally speaking. I think the RIAA's use of DMCA will probably be ruled unconstitutional eventually and they'll be unable to stem the tide of P2P, but ultimately they are in the right as IP law stands today. I suspect their business model will be forced to change, even as their position remains legally justified. I think artists will also have to change how they approach their work by allowing for some kind of trial license, and I hope the public's attitude will change so that folks are willing to buy IP that they already possess. I just don't think IP law is enforceable anymore, unless we become a completely totalitarian Big Brother state. It's simply too easy to pirate IP with modern technology for the law to be relevant.

      You have to engage in marketing every time you went out on a date, looked for a job, made a friend. Some folks just have made it an entire packaging thing, it still doesn't justify breaking the letter of the law

      Sure, but my argument was just that the services provided by the major labels aren't desired -- so people aren't going to pay for them. Everyone may market, but very few like being marketed to. I still think bands in the digital age are capable of handling their own promotion to a certain extent. "Blockbuster" musical acts will likely be fewer in number.

      But search down your KaZaa list, or show me a few new artists that are trying to break in using this method. They're not They want a 'record deal' and they'll do anything, sign anything with out reading, or read it and don't care. Again, it's a good 'fight the man' statement, but it's not what is happening on p2p networks. p2p networks are distributing name brand, already made it bands and a good chunk of them don't run out and buy the CD afterword.

      P2P alone isn't going to break any acts -- but the labels don't develop talent the way they used to anyway. These days bands generally tour for several years and produce several small or no-label albums before anyone will sign them. That's the only way to build popularity in their home market. Once they've gotten too big for that to continue to draw new fans, THAT'S when they need a label to get them on the radio or MTV, so that they get exposure.

      I know I've bought a lot of CDs from bands I never would have heard before the advent of P2P. If I read a good review of the New Pornographers' debut LP, or Stephen Malkmus' first solo album, that would have been the end of it before Napster -- the radio doesn't play those bands, at least in my town. But since P2P was there, I downloaded and burned both those albums -- then bought those bands' next releases retail (and in fact have since bought retail versions of the first CDs, too, although that may not be typical). And I've bought tickets to see both acts live. So there's probably $75 or $100 in revenue -- I can't think of the last act whose CD I bought because of hearing it on the radio or MTV. Based on my case, at least, P2P is a massively more successful promotional engine than the avenues that the labels can make available.

      So this model can work -- bands won't earn their first fans from P2P, but it can help them break on a national scale.

      Again, this isn't going to do any favors for the Britneys and Justins of the world. But they're just artifacts produced by ineffi

    23. Re:People can we step back a second. by wintermute740 · · Score: 1

      Ok, but there's Buymusic.com or whatever that car wreck is. That's got 95% of the market or whatever can use. Bad example with iTMS but I'm a recent convert to the mac platform and wonder why the hell I didn't do that a long time ago.

      I'd put it more along the lines of train wreck, but that's just me ;)

      You are probably in the minority, and you use p2p to pick what you own. I've seen kids (12 - 17) and adults (21+) that get every p2p file they can find and use it to populate their CD players, their MP3 players.

      I know I'm in the minority. If I weren't, the RIAA may have taken an "embrace and extend" attitude towards p2p instead of their current stance.

      The RIAA doesn't help themselves, though. They consider every download a lost sale, which in my case it's a potential (and likely) sale instead. They also apparently don't see any flaw in the logic of raising prices during a down economy, with CD's considered luxary items by most.

    24. Re:People can we step back a second. by HiThere · · Score: 2, Interesting

      I used to agree with you.

      Then the Sony-Bono copyright extension act was passed.

      Then the DMCA was passed.

      Now I consider it moral to do practically anything that helps to put the RIAA & MPAA out of business. I consider it less moral to buy their wares than to steal them.

      I also consider it quite unwise to do any business of any sort with them. I don't buy Sony products of any sort. I don't buy CDs. I don't buy videos. And I argue against doing so to those who will listen.

      Those who (further) corrupt the government should not be supported in any way.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    25. Re:People can we step back a second. by HiThere · · Score: 1

      To me the most ethical position is to refuse to do any business at all with the RIAA or the MPAA, direct or by proxy. And that includes unlicensed copying.

      But I find unlicensed copying slightly less unethical than purchasing materials from them (i.e., their member organizations).

      The least ethical position for a consumer is to be a customer of theirs (i.e., to pay them money).

      Of course, working for them in any capacity would be even less ethical. That rates a bit below telemarketer, and close to spam con man.

      That said, I have neither purchased nor downloaded any of their music in the last five years. (I have a shelf of CDs from before that period.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    26. Re:People can we step back a second. by Theaetetus · · Score: 1
      I was thinking about this the other day: At what point is it a violation? I'm pretty sure file-sharing of mp3s is, but is it really "stealing" if you're sharing/downloading a version of the song that is of lower quality (assuming at one point it was ripped from a CD) than the original? And what about the fact that you're not selling the music but giving it away?

      (IANAL, but) you are allowed, under Fair Use rights (also see the Betamax Doctrine, and other Sony Vs. MPAA decisions), to time-shift (tape a movie off TV for use viewing at another time) or format-shift (copy your DVD onto VHS, copy your CD onto another CD for archiving or car-stereo playback, copy your CD onto an MP3 player, etc.).
      You are perfectly within your rights to make a copy of something you have rights to, whether or not there's a loss of quality - every CD I buy, I make two CD copies of. One goes in my car, one goes to my desk, and the original stays nice and pristine in an archival folder, just in case one of the other two gets scratched or stolen. This is well within my rights and has been upheld through several court decisions.

      However, the issue comes in with the 'giving it away' part - whether you're selling it or giving it away, you're violating copyright, because you do not have distribution rights. You can use your copy for yourself, but you are specifically not allowed to distribute it to others for profit or not, play it in a public performance, broadcast it, etc.

      The same question can be applied to movies. Sure, the movie ripped from DVD is off exceptional quality but what if you taped a movie on video camera? It is really crappy quality, but does it still quality as copyright infringement? If I make a poor quality parody of the WB icon is that copyright infringement?

      As I said, ripping a movie from DVD to keep in your personal collection (provided you also own the DVD) is perfectly legal and protected as such. You can even tape the movie off cable for time-shifting purposes. Can you tape a movie while at the movie theater? Nope, you don't have recording rights - you've simply got viewing rights. However, the movie theater could set up a video camera in the theater (why they'd want to, who knows? They wouldn't be allowed to then distribute the video tape, of course). Quality doesn't matter to copyright infringement - all that does is the Fair Use stuff, and the parody/satire and criticism allowances. If you make a parody of the WB icon for some sort of social commentary/comedy/etc., that's protected under the first amendment. If you're doing it to pretend that your movie came from WB or is endorsed by WB, then it's not.

      -T

    27. Re:People can we step back a second. by Anonymous Coward · · Score: 1, Insightful
      It's theft of property/right to make money.

      Where in the constitution does it say someone has the right to make money?

      And no, I don't download music to preview it before buying the cd. Why would I want to give money to a company that's doing everything it can to control: how I listen to music, what kind of music I listen to, my own personal computer? Also, I listen to artists who don't mind people sharing their music. In fact, they appreciate the fact that people have an interest in their work.

      The RIAA and its friends have done quite a bit of sneaky underhanded things to prevent non-members from being heard. They have been killing music. It is because of them (and groups like them) that I never hear even ONE decent new song through any mainstream media outlet. I relish the fact that my actions could in some way hurt them.

    28. Re:People can we step back a second. by gnovos · · Score: 2, Insightful

      It's theft of property/right to make money.

      This is a right granted by the people in exchange for something. It's not a "natural right". The people have a natural right to use any and all ideas and information as they see fit, but they made a deal with the people making and compiling the ideas. That deal is, sure, you can "profit" from your ideas and information, but only for a limited amout of time, and then you have to give it us, the "true" owners of the information.

      The RIAA is breaking that deal. The works that are ebign created today will never be given back to the people. They will be stored in locked vaults for 170 years and then, when it's time to open them, they will have crumbled to dust, forgotten.

      That, my friend, is the real theft that's going on.

      --
      "Your superior intellect is no match for our puny weapons!"
    29. Re:People can we step back a second. by FreshFunk510 · · Score: 1

      Interesting.

      So what if at the beginning of every mp3 and/or mpeg rip I had an audio clip that said "THIS IS PARODY!! HEE HEE HAW HAW?"

      My guess is that there are even copyright laws against parodies.

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    30. Re:People can we step back a second. by Theaetetus · · Score: 1
      So what if at the beginning of every mp3 and/or mpeg rip I had an audio clip that said "THIS IS PARODY!! HEE HEE HAW HAW?" My guess is that there are even copyright laws against parodies.

      Methinks you don't understand the word 'parody'. From American Heritage: "A literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule"

      Now what about your little addition imitates a style or adds comic effect or ridicule? Nothin', which means it's not parody, which means it's not protected.

      Weird "Al"'s rendition of "Smells Like Nirvana", for instance, is parody. It is thus protected free speech. Plus, on top of that, he had permission.

      -T

    31. Re:People can we step back a second. by FreshFunk510 · · Score: 1

      No, I know what a parody is. But how can one "legally define" a parody? That was my point. I mean yeah a GOOD parody would be a Weird Al song. A worse parody would be one where you just took a song's beat and you personally rapped over the lyrics. But my question was basically asking if you added something random and called it a parody, whether it would qualify as one (albeit a horribly bad one).

      And, as i said before, my guess is that even parodies can run into legal trouble.

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    32. Re:People can we step back a second. by Theaetetus · · Score: 1
      No, I know what a parody is. But how can one "legally define" a parody? That was my point. I mean yeah a GOOD parody would be a Weird Al song. A worse parody would be one where you just took a song's beat and you personally rapped over the lyrics. But my question was basically asking if you added something random and called it a parody, whether it would qualify as one (albeit a horribly bad one).

      My guess is that you still don't quite understand - the reason Weird Al songs are good parodies is not because they're well done, it's because he's making fun of the original. If you took a song's beat and rapped over it, you'd be like Puff Daddy - sampling, not creating a parody - and you'd have to pay royalties for the use of the beat. That's not a parody. However, if you took the beat and then made fun of the original in a rap over it (i.e. "It's all about the Pentiums" instead of "It's all about the Benjamins") then it would be parody. There is a legal definition of a parody, and it's not as grey as you think - it is an art form that's been around for several hundred years. This has all come up long before.

      -T

    33. Re:People can we step back a second. by FreshFunk510 · · Score: 1

      Dude, nevermind.

      I know what a parody is. Obviously I haven't been living in a shell and I know who Weird Al is.

      But it seems like your basic answer is that there is a legal definition as far as what qualifies as a parody. Yes, yes I know what a REAL parody is. You don't have to get into the strict definition. I think you keep on missing part of my point. But, if there is a legal definition of a parody, then that's that.

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
  73. Re:They got resources. Just use 'em more effective by Casca · · Score: 2, Interesting

    I have to wonder if any of the lawsuits would actually hold up in court. It seems like there would just be too many ways to show that while a particular IP could have been assigned to one of your computers at a particular time, it could also have been someone elses. Someone could have been using your wireless access point without your knowledge, or you let someone else use your computer, or you didn't configure your filesharing software correctly and someone uploaded those files to your system without your knowledge. I mean, there are all sorts of technology related reasons that could explain away their claim.

    What about chain of evidence issues? Who has access to the records/logs at the ISP? Have the records been tampered with? How accurate are the records?

    Of course defense costs money, and the law has nothing to do with right and wrong, just who can be the most convincing...

    --
    Casca
  74. Re:They got resources. Just use 'em more effective by Anonymous Coward · · Score: 0

    I would personally like to see the first ISP who refuses to actually keep records of email addresses or IP numbers tied to user accounts, e.g. assign a "token" for the purposes of billing, but don't track IP's, etc, based on that token

    I think thats a little unrealistic.

    ISP's need to keep track of ip's to user accounts to curb abuse - How would it feel if an ISP said they couldn't delete a spammers account because they didn't know who it was.

    What might be a better solution would be to have a group of ip's tagged with a group of people, which changes over time.
    The RIAA would not be able to tell which of the group to finger, but sufficient reports (almost certainly to the ISP) of abuse should be enough to track down to a single user, in the different groups.
    The above is probably fundamentally flawed...

    However, the idea that ISP's won't keep track of who is using which IP would probably lead to worse situations - plus its unlikely to happen with any but the smallest of ISP's.

    The answer isn't to delete useful information, but perhaps the answer is to ensure that customers privacy is respected unless they are being investigated by a government body for breaking the law

  75. Broadband Bad! by Rassleholic · · Score: 3, Insightful

    These media conglomerates are so paranoid about what illegal downloading will do to their bottom lines, they have a great incentive to kill what they perceive as the primary means of obtaining illegally downloaded material (high bandwidth). They are also denying themselves a revenue stream potentially worth billions because they cannot think beyond the next quarter.

    --
    Not noteable, IMO a rubbish article.
  76. Don't need a chance by 0x0d0a · · Score: 4, Insightful

    I am totally against the DMCA, but how much of a chance do you think SBC has of winning?

    Suppose they don't have any chance of winning. Which do you think is a better PR move -- simply rolling over, as some ISPs did, or dragging their heels in favor of their customers publically every step of the way?

    If you like trading music and are about to get broadband, which company would *you* sign up with?

    1. Re:Don't need a chance by SaucyWrong777 · · Score: 1

      "If you like trading music and are about to get broadband, which company would *you* sign up with?"

      I'd sign up with Comcast. In my area, SBC's DSL is plagued with outages, slow peak usage hours, downtime, etc. No matter what I did (even switching modems and routers a couple of times) I couldn't convince them that the problem was on their end. That's why I switched to Comcast in the first place. Since that, I've had to reset my modem and router ONCE. (Due to a small power surge, which the router didn't seem to like.)

      Perhaps SBC should focus a little less on PR, and a little more on providing a solid service to their existing customers. If they had, they'd probably still be getting my money. I'm not even sure other people have this problem, but they do in my area (I think the DSL rollout around here was pretty rushed--they were under pressure.)

      Anyway, I'll take a risk here, and say I value performance more than I value my "privacy". Brought to you in quotes thanks to the DMCA, for making the concept so elusive in the first place, and because I don't think SBC has much of a chance of stopping it.

    2. Re:Don't need a chance by macdaddy357 · · Score: 1

      SBC forever! The RIAA and DMCA, never! Don't buy CDs.

      --
      How ya like dat?
    3. Re:Don't need a chance by rmohr02 · · Score: 1
      If you like trading music and are about to get broadband, which company would *you* sign up with?
      Roadrunner. It's not like I have options :(
    4. Re:Don't need a chance by f00duvoodu · · Score: 1

      well in my area...comcast sucks....i had them and the only thing they did realibly was the constant internet problems....switched to sbc have not had a problem since..... ive noticed things differ in different areas....one place it will be good one place it will be bad......but i guess i got a bit more lucky than u i got realiable service and a company that is in some form or another trying to keep my "privacy"

    5. Re:Don't need a chance by ssstraub · · Score: 1

      I'd sign up with any company that doesn't load an assload of shit onto your computer during the install. SBC/Yahoo doesn't make this list.

      Can anyone say Yahoo-customized browser? YUCK.

  77. Strange world by andy1307 · · Score: 4, Funny

    Never thought i would be rooting for a baby bell or IBM.

  78. Economic impact of P2P by 0x0d0a · · Score: 3, Insightful

    If filesharing is completely shutdown the need for higher bandwidth comes into question. I have known average users who say things like "$40/month for broadband isn't too bad b/c I can get free music."

    Incidently, while P2P may produce losses for the music industry (seems pretty reasonable to assume so), I'm not entirely certain that as an absolute value, it's not causing people to spend more, if on other industries. It drove the broadband revolution -- a massive change in the telcos. It produced a huge boom in demand for storage -- Maxtor and WD enjoyed a massive surge in demand for hard drives. CD burners, which had seen only lackluster appeal (and high prices) before P2P sold like hotcakes. I remember walking into Office Depot and seeing fully half of the computer peripheral section being CDR-related.

    Of course, while people may be spending less per album going to the music industry, they're listening to a lot more -- the average P2P sharer has far more music than in the old days.

    1. Re:Economic impact of P2P by EastCoastSurfer · · Score: 1

      All great points. I remember that a friend and I were the first ones in our neighborhood to be allowed to test cable modems(for free woot ;) ). Not a week later my friend was out buying a new HD and cdr(at a time when they were still pretty expensive) because he had filled up his current HD with mp3s from leech ftp sites found on IRC. He had so many mp3s I don't think he even knew what he had.

    2. Re:Economic impact of P2P by Strudelkugel · · Score: 1

      the average P2P sharer has far more music than in the old days.

      This is the interesting thing about masive hard drives. I have all of my CDs ripped to a Nomad connected to my stereo. All I have to do now is put the thing in random play mode, and the stuff I forgot I had is played. There's so much music there that the old stuff now sounds "new" again. In other words, I'm wondering if having convenient automated playlist generation is creating an additional disincentive to buy music...

      I suspect it is, which is going to come as a real shock to the RIAA when CD sales don't pick up again. The RIAA is now a welfare organization for IP attorneys, who will bill the labels dry if left on their own. Too bad the labels didn't hire some decent engineers and marketeers instead of pursuing antagonistic lawsuits which don't address the real challenges of the industry.

      --
      Imagine how much harder physics would be if electrons had feelings! -Feynman, maybe
    3. Re:Economic impact of P2P by Anonvmous+Coward · · Score: 1

      "Incidently, while P2P may produce losses for the music industry (seems pretty reasonable to assume so), I'm not entirely certain that as an absolute value, it's not causing people to spend more, if on other industries."

      Slashdot had an article a few months ago about Magna. My memory on this topic has faded, but the gist of it was that there were comic conventions every year where people were making their own fanfic type comics based on already established characters. Technically, lots and LOTS of people were 'infringing on copyrights'. The businesses didn't care. What they saw was huge on-going interest in their products that was driving a lot of people to stay on top of the new comics.

      I'll give you all a personal example. The first Space Quest game I got was pirated. I was a kid at the age of around 12. Somebody gave me a copy. The next 3 games I paid full price for the day it came out. Sierra lost one sale (well, sort of. At 12 years old, $50 is a lot to save up for on an allowance. It's extremely unlikely I would have bought it ever.) but gained 3 more.

      The RIAA really would have done better to pretend they didn't see P2P. There's a HUGE library of music out there, far too vast to store in a single store. For every CD a person didn't buy, there are probably 2 or 3 that were sold because they found a new band they liked.

    4. Re:Economic impact of P2P by FlamingLaird · · Score: 1

      Not to mention spawning a whole new class of consumer electronics.... iPod and clones, home and car .mp3 players, "value added" cd-players that play .mp3's.

      --
      "42"
  79. DCMA protection for filesharing by Psyx · · Score: 4, Interesting

    I'm sure there's a hundred holes in this but here goes:

    Is there anyway that one could apply copy-protection/encryption to the network itself so that anyone who isn't part of the network would have to break the DCMA in order to find the files in the first place?

    Then just create a restrictive license that keeps businesses and their agents (like the RIAA) off of the network.

    1. Re:DCMA protection for filesharing by swordgeek · · Score: 1

      Sure. It's called IPv6. Pity no one uses it. Of course, along with inherent encryption, you also get inherent locatability. Sigh.

      Alternatively, a public-key encrypted P2P network would be an interesting idea. The RIAA could find out who you were, same as always, but unless they could track the connection to the (unencrpted) originating file, they couldn't prove what you were downloading.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    2. Re:DCMA protection for filesharing by Theaetetus · · Score: 1
      The RIAA could find out who you were, same as always, but unless they could track the connection to the (unencrpted) originating file, they couldn't prove what you were downloading.

      ... and what you're downloading is audio put there by the RIAA and is something that was not just intended to be shared, but actually has full rights to do so... the Madonna "F-you" MP3. Or, at least, that's what you tell them. ;)

      -T

    3. Re:DCMA protection for filesharing by goldfndr · · Score: 1
      --
      Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
  80. What I really find amazing... by evil_eyes · · Score: 1

    is that SBC is actually making a stance in favor of their customers. So many times it feels that SBC is our to get their customer but it is nice to see this approach from them at this time.

  81. so support them... by ConfusedVorlon · · Score: 1

    The best way to get all the ISPs playing like SBC is to switch provider - and write an e-mail to each (preferably to the highest placed contact you can find) saying that you're switching because you trust SBC to defend your privacy.

    Very few customers communicate with companies - it therefore takes surprisingly few communications to start shifting opinion.

    The good fight is seldom won through apathy

  82. pr0n traders on notice! by knighterrant78 · · Score: 1

    From the article...

    "The suit also named two other companies, Mediasentry Inc. and IO Group Inc., as defendants... IO Group does business as Titan Media, a San Francisco-based purveyor of pornography. Titan served a subpoena on SBC's San Antonio offices, but later withdrew it when PBIS said it would challenge it."

    Does anyone else know of any other documented instances of a pr0n copyright holder firing off a DMCA subpoena to an ISP?

  83. sometimes phone think is good... by tomdarch · · Score: 1

    Usually, we're all complaining about the 'bell heads' and their way of thinking about switched circuits, but sometimes 'phone think' is good. For decades there has been the idea that the phone company isn't to blame when criminals use the phone network to arrange or commit crimes. For a long time, ISPs have been trying to be placed in that type of legal position. I assume that part of the motivation for this suit is that SBC wants its ISP side to be treated like it's phone side.

  84. Due process by Todd+Knarr · · Score: 2, Interesting

    I don't think PBIS will get anywhere with the privacy argument as they're putting it forward. They might get somewhere with the jurisdictional argument, but on privacy they're going to flop. People breaking the law have no right to have that illegal activity kept private.

    PBIS would have better luck arguing that that provision of the DMCA violates the constitutional right to due process. The RIAA hasn't provided any proof beyond merely their word to any judicial authority that copyright infringement has in fact occurred, and PBIS could argue that the Constitution's due-process clause trumps the provision of the DMCA that allows this and that if the RIAA wants to force release of private information then they should be required to provide at least proof that the downloaded file in fact contained a song on which they hold copyright and a legal evidence chain showing that that file in fact came from the computer for which they are requesting the subscriber's private information. It would help also if PBIS could present a subpoena from the RIAA where the file they're claiming infringes provably doesn't infringe (eg. it contains an original work not owned by the RIAA which was shared either by the actual copyright owner or with his explicit authorization).

    1. Re:Due process by shdragon · · Score: 1

      In order for it to be determined illegal, they would have to charged and convicted. Until then, they are simply accusations, which MAY or MAY NOT be true. Also, I don't see any major corporation arguing due process. I could see an individual doing so, but corporations aren't interested in constitutional arguments.

      --
      "...we dont care about the economics; we just want to be able to hack great stuff."
    2. Re:Due process by FreshFunk510 · · Score: 1

      IANAL, so if you are one I would appreciate if you could chime in, but isn't there a catch-22 going on here? Yes, people breaking the law have no right to illegal activity, but was it legal how the RIAA obtained this list of names? Even if they have proof of illegal activity, aren't there laws against how proof is obtained?

      Maybe I've just watched too many movies so if someone knew the exact law clarity would be appreciated. I.e. is this analogous to the cops "tapping" your phones? If so, isn't a federal subpeona required?

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    3. Re:Due process by loggerhead · · Score: 1
      IANAL, but I think you will find that due process is primarily a concern in CRIMINAL cases. The RIAA are filing for subpoenas in CIVIL cases where the burden of proof and the contraints of due process are significantly lower.

      It seems truly unlikely that the RIAA would attempt to have file sharers prosecuted in a criminal court (persecuted?) for several connected reasons. The courts would likely throw a significant number of these cases out. The burden of these cases would draw lots of complaints and press about clogging the courts with somewhat trivial cases while murderers, rapists and the like wander around on bail for months thanks to the IP theft cases (think in terms of Willie Horton and Michael Dukakis). This resulting bad press might very well wake up a few politicians to the failings of the DMCA and the current laws which criminalize a daily activity of millions of Americans. As a result of trying to have file swappers prosecuted in criminal court, the very laws which enable filing thousands of civil cases might very well be changed.

      And don't you just have a feeling that this is why the lobbyists and politicians have strenghtened copyright holders ability to file civil cases while the RIAA have largely ignored potential criminal proceedings (even as lawmakers bandy about increased criminal sentences for IP theft)?

      And for those of you who still think that the RIAA will flinch from bad press, I have the following question and comment. Where exactly are you seeing this bad press? Surely not in the mass media controlled by conglomerate corporations that own or are owned by some of the RIAA member companies. Many of the posters here fail to grasp the extent of collusion between media, politicians and ***AA organizations. They ARE holding all the cards.

      And last I would like to repeat a comment I read in another thread, the RIAA exists to take the bad press by representing members who don't want to sue file traders. Imagine the irony of being sued by Sony for trading files on your VAIO.

  85. Re:They got resources. Just use 'em more effective by Anonymous Coward · · Score: 0

    "As long as you maintain a dynamic IP that changes each and every day, and they (ISP) don't maintain any route lists for billing purposes, how do they get you?"

    Flame me if i'm wrong, but if the actual time and IP address was given to the ISP, regardless of whether the addresses was dynamic or not, surely they would be able to trace the account from something like greping radius logs by rough time, date and IP address?

  86. What's Next? by f2professa · · Score: 1

    Will people start getting sued for using electricity to power their computers to swap files? How about for oxygen used by the people who run their computers, using electricity to connect to SBC to swap files? Where does it end?

    --
    Someone, please shake me from this wide-awake nightmare.
  87. Re:[O/T] How often do you get 3 different acronyms by nearlygod · · Score: 2, Funny

    "Seein' as how the VP is such a VIP, shouldn't we keep the VC on the QT cause if it leaks in the VC we could end up an MIA and then we'd all be put on KP" - RW as A2C AC in GMV

    --
    The Tools Of Ignorance wanna be a tool?
  88. Re:They got resources. Just use 'em more effective by whatch+durrin · · Score: 1
    Unfortunately, it might run right smack into the face of the latest anti-terrorist laws, since the ISP wouldn't be able to identify anyone, and this situation would piss off Mr. Jackboot Govthug to no end.

    Actually, there's more to it than your reactionary opinion.

    Before 9/11, and before anti-terrorism laws, law enforcement officials had the ability to track down an IP address to a specific user. There are all kinds of illegal actions that take place over the internet, including consumer fraud, kiddie porn, etc.

    It's no different that the phone company having data on when you made calls and who you were talking to.

    You may not like the DMCA, but referring to law enforcement officials as "Mr. Jackboot Govthug" is asinine. Attack the law, not the law enforcer...and take a chill pill.

    --
    ***
    Radio Shack. You've got questions...we've got blank stares(TM).
  89. Re:SBC and Privacy? I don't think so. by Anonymous Coward · · Score: 0

    You have to install spyware and adware?

    IIRC, the only thing you need to install is a small front-end utility that provides support PPPoE. And even that isn't necessary if your router provides it natively.

  90. Is this the real objective? by JVert · · Score: 1

    I dont think anyone has proven that fileswapping has a negative effect on the sale of CD's. But I know damn well that if all ISP's have to sue on our behalf to keep us out of jail then our internet connection is going to start costing alot more.

    So is the real objective to make internet users (all internet users not just those who swap mp3's) pay more for their internet access?

  91. The Security thing by StillNeedMoreCoffee · · Score: 1

    Perceptions is 9/10 of the business. Your "Home Page" should have some "Home Security" don't you think. I think most people who have internet access feel that that is their private space, an extension of their home. The marketing image is such. You don't see an ISP tauting, "come with us, you can have a cardboard box full of your personal information that people can rummage through like a flea market offering". No they sell secuity and privacy and warm fuzzy service.

    The RIAA onslaught attacks that image and could change the way people view the internet and maybe make that business dry up. Take as an example the Airline industry and how a little change in perception (as opposed to actual risk) can almost being down the industry. Another example is whats happened to Halloween. People tend to be very risk adverse when it comes to things close to Home or personal security.

    So it is in the best interests of the big ISP's to show that they are fighting for that image if not the reality. If they went down on the other side of the issue the image damage might not be repairable.

    So we have two business models fighting for territory and existance.

    Now me, I'll sit in the stands and root for the home team.

  92. GNU Music? by multipartmixed · · Score: 1

    What would you call it? GNM? GNM's Not Music? The problem with that solution, is that most indie music I've heard *is* music, while the non-free stuff often isn't.

    --

    Do daemons dream of electric sleep()?
    1. Re:GNU Music? by comet69 · · Score: 1

      heheh good call.. thats exaclty how i feel...

      geesh its just depressing that there's so much good music out there that nobody's heard.. yet we arguing, and filing lawsuits against the music that sucks ass..

      --
      - Hi I'm Linus Torvalds and I pronounce Linux, Lih-nix..
  93. I download like crazy too, but LEGALLY by FreeUser · · Score: 2, Interesting

    I'm not afraid to admit that I download stuff like a madman, and that's the only reason I have my high speed connection.

    I do to. But I do not violate copyright to do so.

    I download Knoppix and Gentoo ISO images.

    I rsync portage trees, download and compile source tarballs of hundreds of free(dom) programs quite often.

    I use bittorrent (and occasionally gnutella) to download free movies (remember that Star Trek Fan Fiction Episode reported here on slashdot a few months ago?) and cool projects (machinima films, Creative Commons content, and so on).

    I download a bunch of stuff, and I share a bunch of stuff, but every single Byte of it is legal and with the permission, nay, desire of the author.

    Broadband and P2P are critical technologies for the dissemination of information in large quantities, which has vastly more legitimate uses than infringing ones, RIAA and MPAA rhetoric notwithstanding.

    It may be that a group of infringers makes use of the technology, and perhaps even pushes its development some (as pr0n has been known to do with respect to web technology), but at the end of the day this stuff is critical infrastructure for people simply being able to move and access information effeciently and quickly, i.e. for people to simply get work done.

    The fact that it makes the media cartels' business model obsolete is a delicious side effect, but it is ultimately a minor and insignificant one, much like the demise of Buggy whip manufacturers, compared to the benefits (much like the benefits of automobiles).

    Not that this won't necessarilly stop a hopelessly corrupt and backward looking government (Washingtonians, of both the Democratic and Republican variety) from trying to pry the Genie back in the bottle as a way of paying back their Hollywood Butt Buddies (and wrecking untold financial and economic damage in the process)...

    --
    The Future of Human Evolution: Autonomy
    1. Re:I download like crazy too, but LEGALLY by GreenCrackBaby · · Score: 1

      I think you completely missed my point.

      I would never claim that broadband has no other purpose than to facilitate copyright infrigement (CI). Internet game play is nearly useless without it, porn isn't nearly as much fun, and as you point out, there are many things requiring downloading that don't involve CI.

      What I do claim is that, for a sufficient number of broadband users, the sole reason they have broadband is to download copyrighted movies, songs, etc. This may be bad business if you are a RIAA or MPAA member, but is not so bad if you are an ISP.

      The telecom sector is in a serious slump. The big boys have invested billions into broadband, yet the revolution everyone was expecting has fizzled, and fizzled to a point where they are really hurting. I work for a company that calls itself "The Broadband Company", so believe me when I say things are in serious trouble.

      The last thing an ISP wants now is to lose customers over CI. Externally they can hardly say, "Sign up with us and become a pirate", but to some degree the "pirates" are the bread and butter of the broadband market right now.

      --

      "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
  94. Re:More Mookore members wanted. by Zeriel · · Score: 1

    I think your cow needs a vet, there. She looks a bit skewed.

    --
    "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
  95. Re:They got resources. Just use 'em more effective by ivan256 · · Score: 1

    (i.e. cable modem uncapping, IP theft, abuse, etc)

    Cable modem uncapping is a problem caused by lazy implementation. If new services were created by engineers rather than the marketing department it would have never been an issue. The problem can still be fixed retroactively by either uncapping everybody, or capping at the provider end like should have been done to begin with.

    "IP theft" is what we're talking about here. Specifically copyright infringement (You can't "Steal" trademarks or patents using an internet connection any more than you can without one. In fact, you can't "steal" a trademark at all really. The term "IP theft" is a broken creation of legal PR departments. You should remove it from your vocabulary.). Telephone companies should not incur financial expense for the wrongdoing of individual customers using a service they provide that has far more non-infringing uses than infringing ones. Telcos should want to be unable to find these people because it will save them money.

    Abuse is a whole other problem, and one that is still solveable, but not in a way that would punish the offenders.

  96. heard the phrase? by Bandito · · Score: 1

    So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.

    Don't look a gift horse in the mouth.

  97. hmmm by comet69 · · Score: 2, Interesting

    i think someone needs to start a community kind of like Mp3.com... where people can download music of all sorts, for free.. But it would be completely up to the artist if they wanted give away their music. and it would be the site maintainer's job to make these bands look appealing to the public. there's a whole world of music out there, yet most people are confined only to what they see on TV.. And that music is over commercialized and of course the record industry is going to sue people that are making their #1 money makers, start to loose cash flow. screw all that.. most music you see on tv sucks complete ass as it is.. you might as well take the time and motivation, to search for good bands that truly put their heart and soul into their music, and merely want people to LISTEN to it rather than worrying about how much money they are going off of the record. if you think otherwise, then this whole thing has turned into a Moral issue.. because the true artist is not out to make money.. Download, Distribute, Destroy is what most Anti-RIAA people say..

    regardless if its stealing or not, you're supporting something that has no HEART if you agree with the actions of the RIAA.. and that alone describes what kind of person you are.. and those people that fit into this category always seem to be the same people that make this world a bad place in most capitalistic aspects.

    but unfortunately we live in a society where money talks and bullshit walks..

    --
    - Hi I'm Linus Torvalds and I pronounce Linux, Lih-nix..
    1. Re:hmmm by comet69 · · Score: 1

      And bands, if they are trying to be heard, and are having no luck.. then they are doing something wrong...

      it requires hard work.. like 80% of people in this world do everyday.. hard fuckin work..

      take advantage of the internet... its so easy to make yourself heard on the internet...

      WHY THE HELL DOES ANYBODY NEED THE HELP OF RECORD LABELS???

      a band is a business.. it should be your own business.. the labels control you, and can do whatever they want with your music...

      that is hardly what I call, passionate art...

      --
      - Hi I'm Linus Torvalds and I pronounce Linux, Lih-nix..
  98. If only the RIAA did this back when by Anonymous Coward · · Score: 0

    If only the RIAA did this back before the big Telcos got into the provider business - they could have squished this before it happened. Now big pocket companies are coming out swinging against them, and the RIAA is going down. Damn!

  99. Re:SBC and Privacy? I don't think so. by hkmwbz · · Score: 1
    Care to give some substance to your claims? Spyware? What do you mean?

    I'll give SBC the benefit of the doubt and encourage everyone else to do the same. They're doing the right thing in this case, so if you have any accusations against them, you had better present some solid evidence as well, or at least not just groundless claims based on... well, I don't even know what you are basing your claims on.

    --
    Clever signature text goes here.
  100. Re:They got resources. Just use 'em more effective by Abm0raz · · Score: 1

    Though sounding good in theory, this will never happen. I had my own computer hosting company for a while, and we kept METICULOUS records for legal reasons. I'll use a fake scenerio that doesn't involve P2P (cause it's been done to death) but can easily translate over:

    Let's say I buy a large pipe off of a major trunk (let's say uunet). From that pipe, I sublet my bandwidth to various companies. 1 of those companies is a local ISP in East Bumblefsck, Iowa and they sell out lines to 50 customers. Now one of those customers decides to hack into the ReallyBigMissiles.gov. I am responsible for what happens on my lines unless I have legally binding contracts that transfer that responsibility onto my sub-renters. That's why they keep records. They have to not only prove it wasn't them, but have the logs to back it up.

    It works the same way in the real world. If you lend a friend your car, he speeds, and you get a photo-radar ticket in the mail a week later, sucks to be you. Unless you can prove to the courts that your friend was driving, they're not gonna care. You are responsible for your property.

    -Ab

    --
    Nothing fails quite like prayer.
  101. to SBC this is about more than Users Privacy by lobsterGun · · Score: 3, Insightful


    The DMCA has no penalties for making an unfounded accusation. As a copyright holder I can accuse anyone I want of pirating my wares. Here are some ways it can be abused.

    1 ) I get into a flame war with some bastard and go batshit crazy. I get his IP. I send a letter to his provider accusing him of piracy and demand his contact information. In accordance with their obligations under the law, SBC complies and sends me his address. I then call John Ashcroft and give him the name and address of a known AlQuaida sympathiser. Mere moments later a Homeland security SWAT team servs a no-knock search warant on his ass and shoots him for threatening them with a plastic cup. SBC doesn't particularly care about this one.

    2) I am a competitor to SBC. I get a list of the IP addresses served by SBC. I send the list if IP addrressed attached to SBC and attach a letter accusing the people on that list of pirating my wares. In accordance with their obligations under the law, SBC complies and sends me all of the contact information for it's customers. I add that contact information to my list of people to send my new Ultra Low Priced Broadband advertisement. SBC is concerned about this, but it's so brazen that they can stop it in court.

    2) In a variation of scenario 2 I simply buy the contact info from third parties as they persue claims against SBD clients. I then sell the compiled list to mass marketers and deprive SBC of the ability to do so. I also sell the list to SBC competitors for direct marketing compaigns. SBC is concerned about this.

    4) I and a billion other copyright holders innundate SBC with accusations that their customers are pirates and demand contact info. SBC has to open a whole new department of people to answer these accusations. They spend a fortune attempting to comply with their obligations under the law. SBC is really concerned about this.

  102. Refreshing honesty by DesScorp · · Score: 2, Insightful

    Very well put comments. Thank you for posting them. A little more honesty like this around here would do this crowd some good.

    I've posted before that I'm tired of all of the justifications that people use for piracy. They usually fall into one of two areas.....downloading this music is my right (because it's all about me)or, the record
    companies are corrupt (the civil disobidience for fun and profit motive).

    Let's get something straight here. NOBODY likes the record companies. Not the consumers. Not the Artists. Not the middlemen. But I don't like car dealers either, and you don't see me hotwiring cars off of their lot because I think they're in a corrupt business. The point is that THEIR corruption doesn't justify MY corrupt actions. Or as your mother undoubtedly told you, two wrongs doesn't make a right.

    Want to change things? You do have rights. You do have options. Stop buying cd's. Completely. Zero revenue will get their attention quickly. That doesn't mean steal the music and not buy cd's to protest "the man", that means ignore their product completely.

    "Oh...nevermind...that would actually require some measure of sacrifice on our parts. Well, fuck that. I don't care about it if I have to give something up myself. It is, after all, all about ME."

    And you people complaing about the use of the word "steal".....that's what it is. When you take something that isn't yours, whether it's physical or bits of data over the internet, that's stealing, folks. Saying otherwise is just splitting hairs, the Slashdot equivilant of "I did not have sexual relations with that woman".
    It may be legally called copyright infringment, but deep down, you KNOW what you're doing.

    --
    Life is hard, and the world is cruel
    1. Re:Refreshing honesty by Anonymous Coward · · Score: 0

      Ah, the slashdot analogy. I don't think it's quite like stealing cars off the lot from a dealer. Dealers showcase and provide warranty service for physical good that consumers want to be able to evaluate prior to purchasing. They provide a valuable service and should be compensated. And hey, if you really don't want that service, you can deal directly with the manufacturer on their website in many cases. Or buy used from a private owner.

      As I argue in a rather long-winded post in this thread, the services provided by record companies are not really needed anymore. But consumers are forced to pay for them anyway.

    2. Re:Refreshing honesty by Anonymous Coward · · Score: 0

      Actually, deep down, I _KNOW_ that data cannot be owned. It is not tangible and the cost of duplication has approached zero in recent years. This is a Good Thing(tm). As soon as someone attempts to control the flow of information they've essentially doomed the progress of mankind.

      People will share, and no one can stop them, and if the thing they're sharing is actually worth what the company charges for it they'll support them, period. This free exchange of information is simply weeding out noise that isn't worth supporting. LONG LIVE FREEDOM OF INFORMATION!

    3. Re:Refreshing honesty by DickBreath · · Score: 3, Insightful

      Let's get something straight here. NOBODY likes the record companies. Not the consumers. Not the Artists. Not the middlemen. But I don't like car dealers either, and you don't see me hotwiring cars off of their lot because I think they're in a corrupt business. The point is that THEIR corruption doesn't justify MY corrupt actions. Or as your mother undoubtedly told you, two wrongs doesn't make a right.

      Let's suppose that car dealers, the middlemen, screwed the car manufacturers and also screwed the consumers. Suppose they charged a very high price for a car, and also severely squeezed the car manufacturer at the same time.

      In this case, you very well might see people stealing cars off the lot. In large numbers.

      When the dictators of Romania were overthrown, people invaded the palace and looted everything. Ditto in Iraq. For what reason did people feel some right, or at least enraged enough, to do this?

      But, I'll agree in principal about piracy. It is wrong. Just like looting is wrong. But are what these regimes did okay? Is it okay that the RIAA is trying to own all of our culture? Forever?

      As for two wrongs don't make a right, I would say this. Sometimes, you have no other choice. You can just lay down and take it, or you can do something about it. Is it right to kick a bully in the balls? No, I suppose not.

      Back to your car dealer example. Having cars, at least in the US, is almost necessary. (I also should have mentioned earlier, let's suppose that the car dealers have a cartel or a monopoly arrangement to artificially control supply and prices.) Would people begin to feel justified in stealing cars. As the prices and control got ever worse, would larger segments of the popoulation feel this way? Would this seem analogy apply to software and piracy?

      --

      I'll see your senator, and I'll raise you two judges.
    4. Re:Refreshing honesty by Anonymous Coward · · Score: 0
      Let's get something straight here. NOBODY likes the record companies. Not the consumers. Not the Artists. Not the middlemen. But I don't like car dealers either, and you don't see me hotwiring cars off of their lot because I think they're in a corrupt business. The point is that THEIR corruption doesn't justify MY corrupt actions. Or as your mother undoubtedly told you, two wrongs doesn't make a right.

      You're a fscking moron! Hotwiring a car that isn't yours is actual theft, you lamearse n00b. That is the process of taking a physical object away from the owner of said object, thus depriving the owner of said object. Copyright infringement is NOT the same as theft, you ignorant insensitive clod! Next time, try a better analogy than actual theft to compare it to copyright infringement of music.
    5. Re:Refreshing honesty by Lord_Dweomer · · Score: 2, Insightful
      "And you people complaing about the use of the word "steal".....that's what it is. When you take something that isn't yours, whether it's physical or bits of data over the internet, that's stealing, folks. Saying otherwise is just splitting hairs, the Slashdot equivilant of "I did not have sexual relations with that woman". It may be legally called copyright infringment, but deep down, you KNOW what you're doing."

      What you have to realize though is that semantics are entirely relevant with this issue. You see, this battle used to be fought technologically. Then it was fine to call it whatever you wanted. Stealing, piracy, sharing, whatever. Now it has turned into a legal battle. A very big, very gory legal battle that will have many casualties. The courtroom is the one place where the difference between 'stealing' and 'copyright infringement' makes a major difference.

      Normally, I would agree that it is petty to argue over the semantics of it, but the reason so many people on here get aggravated over the misuse of the word is that this time its not just nitpicking, misuse of the word has legal consequences. While the court would very likely recognize it for what it is (copyright infringement) you have to remember that unfortunately, half of a legal battle is always PR. And right now the RIAA is getting a big upperhand on us PR-wise by teaching everybody in america that copyright infringement, is in fact, stealing.

      So please use the correct terms, and don't put down the people who argue over the semantics, because legally, it matters, and this is a legal issue now.

      --
      Buy Steampunk Clothing Online!
  103. RIAA Members by Anonymous Coward · · Score: 1, Informative
  104. P2P: The Killer App by jpu8086 · · Score: 2, Interesting
    So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.


    I don't think that is the main reason. It is generally much cheaper to do an SQL query then hire a bunch of expensive lawyers.

    I feel the primary reason SBC is putting up a fight is because they know that if RIAA succeeds in spreading fear of P2P apps, their broadband business will slow down or even die down. I personally feel that a lot of non-techie friends get broadband so that they can continue getting music and videos through the Internet. Why else would one spend 40+ US dollars if P2P isn't the reason? One can surf the web just as easily with 10 US dollars (over dialup). Yeah, a tab bit slower, but most sites still load up within 10-15 seconds on dialup. It's the time you save over big downloads like mp3, that makes it all worth it.
    --
    now supporting:
    cmdrTaco for president '04
    michael for oval office intern summer '05
  105. Verizon by dmarx · · Score: 1

    How is this different from what Verizon is doing? Can courts throw out redundent lawsuits? If so, Pac Bell might lose before the case even gets started...

    --
    "Do I dare disturb the universe?"
  106. SBC could care less about customer privacy by Kenrod · · Score: 2, Interesting

    SBC doesn't give a damn about customer privacy or the cost of subpoena compliance. They are DESPARATE to sell DSL service and they know that a large segment of their customer base uses DSL for file sharing. If the RIAA successfully scares file sharers that = No file sharing = no need for DSL = no customers for SBC.

    --
    Good heavens Miss Sakamoto - you're beautiful!
  107. True dat by SunPin · · Score: 1

    Excellent. No CDs and no stealing is the only way to change the business model. As long as there are a bunch of idiots that think they are "screwing the system" then the system will have every justification for pursuing consumers as criminals. There are ways to entertain oneself without RIAA member music. There are ways to entertain oneself without music at all.

    Music screws with the mind in ways that not everyone understands. We've all seen the blips of corporations experimenting with sound to manipulate emotion and desire. Look at Spears and drug commercials. There's not much difference. They are packaging a lifestyle or solution that doesn't exist or is expensive to pursue or a completely fictional existence as drug commercials are good at doing.

    Basically, fuck all these people. I don't need their noise. I don't need their shows. I don't need their drugs. I don't need their system either. And I'm not going to give them a reason to fuck with me or call me a hypocritic.

    This attitude comes from 15 years(I'm 27) of total and complete access to all things digital. Once you possess the ability to possess everything, you can create an honest opinion on the value of it. Maybe that's why this world is so insane. The creators decided that it was once good but now it sucks and left it at that. :)

    You spoke about sacrifice but there isn't really any sacrifice. Just adjust your desires and find some legal, ethical and more meaningful stuff to entertain yourself.

    Corrupt industries lose when people HONESTLY refuse to play to their stupid business models.

    --
    Laws are for people with no friends.
  108. The Supreme Court doesn't make opions that way by stewby18 · · Score: 1

    This court upheld the Sonny Bono Perpetual Copyright Act. BUT, that perpetual copyright coupled with the insane powers the DMCA grats a copyright holder may sway them...

    Somebody hasn't been reading their court opinions very carefully: that ruling really has almost nothing to do with this case, and they do not consider it a perpetual copyright. All the opion said was that they were not willing to declare a longer, but still limited, copyright as going outside the constitutional meaning of a "limited duration" copyright. Besides, the Supreme Court's job is not to decide which laws they like or don't like: it's to decide whether laws are constitutional and being interpreted correctly. There's nothing in the constitution that says "corporations shouldn't be too powerful", so the issue of power is not going to sway them unless it's power applied in a way which violates constitutional rights or existing laws.

    Since this has nothing to do with copyright duration, the verdict on copyright extension has absolutely no bearing on this case, which seems to be shaping up to be about privacy.

  109. What do they have to gain? by SnowWolf2003 · · Score: 1

    1. Sue RIAA over releasing subscribers details
    2. Win
    3. 60 million Americans sign up to receive their broadband from you, because they know they are 'safe' from the RIAA
    4. Profit!!!

  110. Obligatory response by FreshFunk510 · · Score: 1

    Someone set up us the subpoena!

    --


    "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
  111. Missed Point by grendel_x86 · · Score: 2, Interesting

    I think that many of you are missing one important point, regardless of SBC, or Verizon winning, they are causing enough of a disruption to the RIAA that they will slow down, and it also wastes their money. The more money that they spend in court is less money they have to go after individuals.

    If all universities (like in Boston) make it hard for the RIAA to get what they want, they will be a little less likely to go after them.

    Unfortunately, that means people may go to some of the larger ISPs like SBC just because of this, and SBC will just gain more market share.

    Also remember that SBC is a Texas based corp. They more-likely-than-not have greater political ties to the White House, above and beyond lobbying.

    Although I'm not a big fan of SBC's near monopoly over the phone system in much of the country, I think that the RIAA's monopoly over the music industry is far worse.

    --
    Im glad /. isnt the real world, that would really suck..
    1. Re:Missed Point by RevSmiley · · Score: 1

      SBC is run by Bill Daley. A bigger left wing democrat you will not find. You are WRONG.
      Being from Texas don't mean a thing. Texas was like Califorina owned by the Democrat party until recently.

      --
      As you can see I don't care about my karma.
    2. Re:Missed Point by grendel_x86 · · Score: 1

      I apologize, i forgot about Daley, i live in Chicago. (Center of the Daley Empire)

      Regardless, you have to admit, that they probably have deep political ties, regardless of the party.

      --
      Im glad /. isnt the real world, that would really suck..
  112. A new marketing campaign by Jac_no_k · · Score: 1

    I smell a new marketing campaign. "Here at SBC, we value your right to privacy."

  113. Misreading... by Anonymous Coward · · Score: 1, Funny

    The first thing I thought was, "Why would the Southern Baptists Convention even be involved here?"

  114. As an ex bell person by nurb432 · · Score: 1

    SBC has been unfairly targeted by government, ( thru legislation ) both local and federal, since the day after the breakup. Keep in mind the Bells were part of ATT, so the animosity would still carry over.

    SBC was the largest of the 'pieces' and were disliked.

    Still are.

    And yes I realize it was 20 years ago, I disagreed with it then, and still do.

    The government is more then a faceless machine, its a process.. hell bent at oppressing the citizen.

    --
    ---- Booth was a patriot ----
  115. Not Legally by nurb432 · · Score: 1

    You cant enter into ANY contract at 15 in this country..

    The ISP left themselves wide open by giving you an account. There was no contract for them to fall back on if a dispute arose.

    Nor you either for that matter..

    --
    ---- Booth was a patriot ----
  116. SBC is Pacbell not their Internet branch by York+the+Mysterious · · Score: 1

    The writer of this has the relationship between SBC and Pacbell a bit messed up. SBC isn't the Internet branch of Pacbell. Pacbell is dead. SBC bought them up and took over their market. SBC does my phone and DSL now. They would do my T-1 if I wasn't a cheap bastard too.

    --

    Tim Smith - Ramblings from Nerd Land
  117. EULA by MisterMook · · Score: 1

    Maybe if I said something like this in my blink as you pass it Terms of Service in my Kazaa install:
    By installing this software I affirm and swear that I am not a member of, in pay of, or associated with in any fashion the recording industry, the RIAA, or any media outlet....
    I am aware that by chosing to use this software I am using encrypted data streams.

    Then slap people mining the users with DMCA violations?

    1. Re:EULA by FreshFunk510 · · Score: 1

      I like that idea, although I don't know how legal it is. I mean, I don't see the legality in excluding people from certain organizations from using your product.

      OTOH, I can see it possible to say something like this in the terms of agreement: I will not sue or make public the users the users on this system and will respect their privacy..etc etc. Basically binding them, by agreement, to not have any control of the information gained while using Kazaa.

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
    2. Re:EULA by MisterMook · · Score: 1

      Maybe a simple screen in the program would do actually - searching for things on any single user's computer would reveal 35% of things found on another's computer as non-revealed pointers. That would be an interesting way to shift the burden of proof at least, "We know he's filesharing, but which of the songs is he sharing?"

    3. Re:EULA by FreshFunk510 · · Score: 1

      Why show who has which songs at all? Honestly, when I download an mp3 I don't bother checking who the source is, nor do I care. The only thing I care about is whether they have enough bandwidth to send me that mp3.

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
  118. Honeypot for the RIAA by Thunderstruck · · Score: 1

    So the RIAA has a bunch of computer programs running, or perhaps pays contractors to run them. These programs sweep the Internet's popular P2P networks, scan files, and report the results. What prevents a lawyer with a computer and a chip on his shoulder from keeping a whole mess of juicy-looking but legal data on his machine, getting swamped by the automated little buggers... and then charging the contractor with a DOS attack?

    (IAAL, but only have a vauge understanding of how a DOS works.)

    --
    Trying to use sarcasm in text-based forums does not work.
    1. Re:Honeypot for the RIAA by killthiskid · · Score: 1

      Hey Eric... again. You're URL for your homepage at USD is wrong wrong wrong. This is Jason from CSC250... are you planning on running for political office again?

  119. This was the RIAA's real intent.... by oldtaul · · Score: 2, Insightful

    I believe that the upper most reason for the flurry of subpoenas was to find out what large ISPs would fight back. The RIAA already knew that they could sue once a user was identified. They also knew that the subpoenas would stall traffic to some degree. But the greatest challenge is the one for good press. ISPs fighting back keeps the issue from being one-sided and allows time for more people to ask more questions, eventually getting to the right one..ie... a business model that has failed the customer.

    --
    I'm impressed!....but...I'm easily impressed!
  120. "Just like Verizon"? by Anonymous Coward · · Score: 0
    Ummm... when since hasnt a Verizon subsidiary not been Verizon - as opposed to a company "like Verizon"? Or when since hasnt a "Baby Bell" really not still been part of Verizon - regardless of what Verizon's lawyers have changed their corporate paperwork to say? Almost every large local phone company is Verizon - regardless of the name they operate under. Any questions as to whether or not Verizon and AT&T are still the same company as well? If John Doe, right past his 18th birthday can open up a corporation in a state miles from where he lives with an entire board of directors and officers for his company - all while the day before he had no such personnel, do you really believe Verizon/AT&T when they say they're separate companies? If you do, you're downright stupid. Especially after so many of these separate "Baby Bell" companies just recently "merged" back together as soon as the FCC et al made it legal for them to do so by essentially wiping out the rulings and consent decrees that had forced them to split to begin with.

    Instead of worrying about the RIAA, I have a better idea - worry about the massive Verizon/AT&T monopoly. All of you think that Verizon's new "Free long distance, free everything all for one simple fee" plan is great? Any of you notice the coincidence that AT&T offers the same plan? Any of you figure out that their competitors (since they have to pay Verizon for those services to resell to the general public) cannot offer similar rates? Are you figuring this all out yet? Anyone who says "So what? We get free local and long distance for the same price or less than we used to pay for just local" is also an idiot, or niave or just born recently. It used to be illegal for Verizon to charge amounts that prevented their competition from offering competitive plans... wonder if that ruling has been invalidated too... So, in case you havent figured it out, I'll spell it out for you. How long do you think that Verizon/AT&T will have competition when no one can compete any longer? When they succeed in wiping out all or most of their competition, do you think you'll keep those great, cheap rates? If so, then you're brain dead. Or perhaps you hadnt already noticed pay phones that were formerly GTE or Contel and only 15 cents are now 50 cents since there is no competition and Verizon owns them? Gee, 35 cents that Verizon used to charge went up to 50 on theirs and the ones they purchased as soon as they bought out or destroyed their competition in that market.

    Sorry, but I am sick and tired of hearing all the RIAA crap when you should notice the real issues. (Then again once Verizon/AT&T own all of telecommunications - including the Internet, maybe you all will finally notice the real problems - that you all created due to your lack of diligence over what really matters). It's really simple folks. Do one of the following and fight the companies that are really the problem.

    • (A) Don't steal music
    • (B) Be smart when you steal it so you don't get caught
    • (C) If you do get caught, don't whine. If you step off a cliff, you expect there's a chance you'll fall, right?
    • (D) If you get harrassed when you haven't stolen anything, then make it very much not worth their while - either in bad publicity or by harrassing them back with massive dummy files, virus laden files or a dozen other similar or perhaps even smarter ways [I for instance I have thousands of MP3s on my server - but hundreds (near thousands) of CDs and tapes I purchased to back up that collection - yet I still get probed by the losers - can't wait till I let them "break in" one day and download the "wrong" file :-) ]
    • Verizon knows that thanks to the falsities of it's corporate structure, they can keep instituting the same suit via their various subsidiaries or "used to be part of Ma Bell, but we swear we really have no affiliation with them anymore" companies until they win and (a) overturn the DMCA or (b) set a precedent which will allow the company k

  121. Re:They got resources. Just use 'em more effective by Anonymous Coward · · Score: 0

    You underestimate how expensive such a service would be. Script kiddies have no money - at least, no money that isn't on stolen cardz.

  122. Thank You very much by Nf1nk · · Score: 1

    Were I moderating today I would give karma.
    Instead Today I give you thanks for such a great resource.

    --
    I used to have a cool sig, back when I cared
  123. Let's take it one step further. by Artifex · · Score: 1
    A concerted effort needs to be made to tie the labels publicly to the RIAA's actions.


    Ads that say, for example, "Dave Matthews and Christina Aguilera help fund the RIAA" because they're affiliated with RCA might get a lot more people thinking.

    When people go to a store, they don't usually look to see if the album on display is made by RCA (or any other specific company), and even if they did, complex publishing/distribution deals may make it hard to tell from the outside cover exactly where the money goes. But they do look to see who the artist is, so making a "no-hit list" of artists might work better.

    --
    Get off my launchpad!
  124. Get Your Crypto On! RIAA == Windbags by adpsk · · Score: 1

    - The Recording Industry deserves NO SYMPATHY!

    - People in the business of selling a propritary transmission medium WANT YOU TO USE THEIR NETWORK!

    Networks are for communication. If the RIAA wants to snoop; they snoop. If you want to swap; you swap. It's none of their business what you do, just as it's none of your business what they do. They have money and political influence; you probably don't.

    Use caution when slaying a beast. Just because it's down doesn't mean it can't rear it's ugly head and take you out.

    Use common sense; use crypto. Learn how to use it. Make it easy for others to use.

  125. Mod Parent & Grandparent Up by xThinkx · · Score: 1

    This guy is 100% correct, you CAN'T tap someone's phone without a warrant. More importantly, there is no legal precedent for wire taps in civil cases.

    --
    Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
    "
  126. A Solution is for ISPs to Quit Saving This Informa by Nom+du+Keyboard · · Score: 1
    A solution for customer privacy and avoiding subpoenas is to quit keeping this information longer than necessary. AFAIK, there is no legal requirement in the USA (unlike some other countries including the UK) that this information must be preserved. If you have it, you must provide it when subpoenaed, but beyond tracking down complaints on troublesome users, for all the systems that refuse to assign static IPs, why keep it beyond a couple days after the IP is rotated?

    Could make a good argument against having a static IP.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  127. something obvious by alizard · · Score: 1
    Instead we're going to make a bunch of lawyers rich, a bunch of parents whos 12 year old kids are downloading and hosting millions of songs turn off the internet because it corrupted poor johnn and jane, and we're going to get it so that anything outside of port 80 requests to certified websites will be reported as piracy activity and they'll use the PATRIOT act to hunt us down.

    By repeating the RIAA party line on "stealing", you are helping make that future possible. My guess is that this is your real intent.

    Putting a broadcast-quality music track onto a P2P network or Internet radio is giving it free publicity. Would an RIAA weenie or artist whine if a commercial radio station decided to put their track in heavy rotation without an "ADD" fee of $1000 per play?

    The difference between this and the radio:

    • The law is different. This is because the RIAA paid a shitload of money to politicians to make it that way. Tape swapping=legal , file swapping=copyright infringement... but this is a legal difference, for those who don't allow their personal morality to be made by corrupt politicians.
    • Using the net to publicize this pushes the transmission costs onto the end user. This should make the RIAA happy. See below for why it doesn't.
    • The RIAA bought the law this way because their goal is to make end users afraid of downloading music through any sources but RIAA mamber sites, to which indie musicians won't have access. They know Internet promo works, but they'd rather nobody had access to it than let everybody play on a nominally level playing field.
    • Tell Eminem and Radiohead your RIAA-inspired bullshit about how nobody ever uses P2P to preview CDs... both have benefited from P2P directly in the sense of increased CD sales. Marrilon's basic business model is based on Internet marketing. Lots of othsrs, those immediately come to mind.

    BTW, I metamodded your post down. It doesn't rate insightful. There is no insight in it. Unfortunately, /. doesn't have a "Propaganda" category yet.

  128. [rolling eyes] by Anonymous Coward · · Score: 0

    So of course, because you want cable for your reasons, you assume that is the primary reason for everybody else.

    And then you get mad at people who make generalizations based on their experience.

    Holy cow, you must be a treasure to be around.

  129. Think bigger by Kjella · · Score: 1

    That's not the issue here. The issue being fought by SBC is that the RIAA currently has the power to force them to turn over the identity of users for a given IP address without a court mandate.

    Right now the RIAA can send a list of IP's and times those IP's where logged to a ISP and force the ISP to reveal the contact information for the user who owned that IP at that particular point in time. They can do all of this without any intervention from the courts.


    Everybody with a copyright can. Which means I could accuse you of taking my 3rd grade essay and sharing it, and get your contact information. And you'll never be able to prove that you *didn't* share it, it'll be more than reasonable doubt about whether you deleted it to avoid said copyright charges.

    Right now, noone but the RIAA bothers to take the fight. But if this becomes accepted policy, a whole host of people will take advantage of this for various dubious reasons. And if they let RIAA do it, they can't very well refuse others without lining themselves up for a discrimination lawsuit.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  130. Sen. Norm Coleman questions the RIAA on process by Phoenix-kun · · Score: 1

    Check it out. Sen. Coleman has asked the RIAA to give a description of its safeguards against targeting innocent people among other things.

    --
    Phoenix
  131. It's like breaking a bone, actually by intermodal · · Score: 1

    Companies like SBC and Verizon had no idea they'd have to deal with this when the laws were past, just as a man who breaks his collarbone has no idea how much it's going to affect his walking till it happens. I know of someone had told me before it happened that when I got my collarbone broken it would hurt a lot to walk till i had a brace thingie on it, I would have thought they were crazy. Same goes for the DMCA. Why would it be a problem for the telecoms? Until it happens, that is.

    Now on the other hand, when I did break my collarbone, I recall getting up off the ground and saying something to the extent of "Holy fuck this hurts!" every time I took a step. I'm sure something similar is what the telecoms see when they are served a thick stack of papers by the RIAA, only it's going to hurt in the pocketbook, not the shoulder. It's not just the objective of the law, but the position of the damage.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  132. Re:They got resources. Just use 'em more effective by spiritgreywolf · · Score: 1

    I'm not arguing or gauging the metrics and value of being able to identify people. What I'm saying is a simple fact. It WOULD fly in the face of Law Enforcement to have the ability to travel through the internet and not be tracked.

    Why is "Mr. Jackboot Govthug" asinine? You must not ride motorcycles and get pulled over and harassed for doing nothing wrong other than riding a motorcycle. Since that is my primary exposure to law enforcers, that's the face I choose to paint on that picture. Reactionary? Agreed. However, we all tend to react to our environmental conditioning.

    I'll have to say "no thanks" to the chill pill... I don't do drugs - but thank you for your concern! :-)

    --
    Never have a philosophy which supports a lack of courage
  133. The AT&T breakup was the best thing to happen by JohnDenver · · Score: 1

    ...to the telecommunications industry.

    Even with the current mess today, market capitalization and revenue is magnitudes better than it was 20 years ago with one monolithic phone company.

    And yes I realize it was 20 years ago, I disagreed with it then, and still do.

    Go to China if you want government institutionalized industry.

    The rest of us will stick with deregulated industries driven by competition and market forces.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  134. Re:SBC and Privacy? I don't think so. by dvNull · · Score: 1

    uhmm If your OS supports PPPoE you dont have to install squat. The only thing you get on the Install CD is the PPPoE client if your OS doesnt support it.

    Other CDs have the branded browser and some utils, but no spyware.

    dvnull

  135. Nothing to do with privacy by Guppy06 · · Score: 1

    It's not that the Baby Bells don't want to give away their user information, it's that they don't want to give away their user information for free. If the RIAA approached them with some cash instead of a subpoena, there wouldn't be anything worth talking about.

  136. Don't skepticalize their motives by dunng808 · · Score: 1
    "The action taken by SBC Internet Services is intended to protect the privacy of our customers," said SBC spokesman Larry Meyer.
    That sounds plausible and laudable. Hooray for SBC. There is nothing gained by questioning their motives with the jab
    So SBC, like Verizon, is concerned about the cost/hassle of complying with all the subpoenas it has been receiving.
    Direct, tangible, near-term cost avoidance is certainly a prime motivator in corporate decision making, but let's not write off so quickly the possibility that SBC has a fully developed ethics gland. If we /.ers get incensed over the RIAA actions, so can SBC management. Could be a company to work for.

    As to whether or not personal information should be turned over, I think the decision should be based largely on the nature of the complaint. If it is a capital crime (murder, ...) then yeah. Rape, child sex, yeah. A barking dog, no. The RIAA complaints are a lot closer to a barking dog than a capital crime. The only way to sort this out is in front of a judge, and the DMCA cut them out.

    --

    Gary Dunn
    Open Slate Project

  137. Could ISPs simply delete the information? by Anonymous Coward · · Score: 0


    Could an ISP simply delete any information that would associate an IP address with a customer?

    Naturally, that would be implausible for customers who use static IPs. But could it be a usable technique for protecting the privacy of customers with temporary IPs?

  138. Bull by nurb432 · · Score: 1

    We now have higher prices, poorer service and more hassles..

    This was one experiment of the government that FAILED miserably. They should have left things be in this case. Not all monopolies are bad. Many are, but not *all*.

    End of story. Don't bother commenting more as you are totally incorrect.

    --
    ---- Booth was a patriot ----
  139. GO Microsoft! by Anonymous Coward · · Score: 0

    Start sending subpoenas, the linux community appreciates.

  140. You're kidding, right? by JohnDenver · · Score: 1

    We now have higher prices, poorer service and more hassles..

    I'm paying $50 a month for unlimited long distance for the entire US and Canada plus local service with Verizon. I can't think of ANY region where they actually pay more for long distance.

    Wait a minute, I just figured it out. You're a troll. I bit. I'll have to accept I like to bite.

    End of story. Don't bother commenting more as you are totally incorrect.

    That seals it. You're either a troll or a total dolt who's too chicken shit to back up his assertions.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  141. Duplicate != Steal by goldfndr · · Score: 1
    But I don't like car dealers either, and you don't see me hotwiring cars off of their lot because I think they're in a corrupt business. The point is that THEIR corruption doesn't justify MY corrupt actions. Or as your mother undoubtedly told you, two wrongs doesn't make a right.
    And you people complaing about the use of the word "steal".....that's what it is. When you take something that isn't yours, whether it's physical or bits of data over the internet, that's stealing, folks.
    So, you'd claim that when people take photos or movies with their cameras or camcorders (regardless of whether they're photographing cars at a secret testing facility or acting as paparazzi or merely capturing themselves on a public beach), that's stealing too? And corporate espionage is also stealing?

    Unless you reply otherwise, I'll assume your answer is an emphatic yes.

    Alternatively, the correct analogy you should be using is when, in the distant future, Star Trek-style replicators are used to duplicate cars on lots.


    P.S. You'd say I "stole" parts of your message, yes?

    --
    Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
  142. The 38th Street RIAAs vs. La SBCosa Nostra... by TearsForFears · · Score: 1

    The telephone, automobile and petroleum industries of America are the experts when it comes down to political wrangling. I don't think SBC would have done this if they didn't have a few aces up their sleeve. And even though Hillary and the RIAA have the Dems in their pocket, Ed and the SBC boys gots the Republicans in theirs.

  143. They may make less by r6144 · · Score: 1

    Maybe the number of people who will listen to such crappy music won't be too high, even if they only have to pay a very small amount of money. If the things come free people might spend some time hunting if they are bored, but paying money (even as low as $.01) is enough hassle in itself to discourage such hunting.

  144. Still wrong. by nurb432 · · Score: 1

    I'm for the bells, and against the breakup of ATT. End of discussion.

    Regardless of you thinking im a troll, im not. Im just tired of discussing this when its going nowhere. Im biased, your biased... so its a waste of effort to continue. ( even off line )

    Have a nice day. And good luck being heard out there. ( a verizon slam.. in case you couldnt figure it out )

    --
    ---- Booth was a patriot ----
    1. Re:Still wrong. by JohnDenver · · Score: 1

      Regardless of you thinking im a troll, im not. Im just tired of discussing this when its going nowhere. Im biased, your biased... so its a waste of effort to continue. ( even off line )

      I don't know about you, but I've always allowed others the opportunity to make their case and committed myself to accepting valid arguments whether I like them or not.

      You do understand that neither your nor my point has validity unless we back our points up with supporting arguments, and more importantly accurate numerical data. In other words, we both have a burden of evidence to back up our assertions and opinions.

      Lastly, I understand that both of us are biased, but you don't seem to understand that the interference of that bias can be minimized to the point of productive discourse.

      Having said all that, I'm still very interested in hearing your supporting arguments.

      --
      "Communism is like having one [local] phone company " - Lenny Bruce
  145. RIAA- looking for love? by Muad'Dave · · Score: 1

    ...quest for online song-sharers butts...

    Eeew! I _knew_ they had an ulterior motive! They're trolling for dates!

    --
    Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  146. THE OFFICIAL TACO-SNOTTING FAQ by Anonymous Coward · · Score: 0

    By J. Wipo Troll, Esq., $Revision: 1.16 $

    [This article attempts to document a vile, ungodly practice that runs rampant through the homosexual geek and hacker community, a practice known as Taco-snotting, or simply snotting. Taco-snotting is something that few geeks dare talk about in free or open conversation, but it is nonetheless a widely-practiced and dangerous form of homosexuality. If you or anyone you know has ever engaged in Taco-snotting, please get professional help before it is too late. ed.]

    Why do I keep receiving emails from an individual calling himself CmdrTaco?

    You have been receiving unsolicited mailings from a certain Robert CmdrTaco Malda, owner of the popular technology website slashdot.org. Actually, its not a very popular site in the common sense of the word; the site is rife with pimply, antisocial geeks and hackers, zit-faced nerds, communists, dirty GNU hippies, and other societal rejects and outcasts. Its also home to one of the worlds largest suspected pdophile rings, the infamous Slashdot crew.

    Whenever Mr. Malda gets bored (and who wouldnt, running a site like Slashdot all day), he roams through the user database, penis in hand, looking for people who might enjoy engaging in homosexual activities with him. How he determines this is anyones guess; but if you have a homosexual-sounding nickname, or a nick with a letter of the English alphabet in it, youre a potential candidate.

    This time, he found you. Lucky you.

    Mr. Malda seems to be speaking in some sort of code. Do you know what it means?

    CmdrTacos code language is relatively easy to decipher. This pervert prefers to speak in thinly-veiled sexual innuendo (yes, thats right: he wants you) to evade the watchful eye of Slashdots parent corporation, VA Software. Mr. Maldas Commander is, of course, his penis: a small, withered little thing that lives in his pants and only comes out in the presence of other male geeks or at the beck and call of Maldas own lubed-up right hand. His Taco bells are the shriveled testicles that droop beneath his Commander, and his Taco sauce is his thin, runny semen. It should be more than obvious to you now what he means if he asked you to ring his Taco bells or taste his gourmet Taco sauce.

    I would also guess CmdrTaco asked you to engage in a practice known as Taco-snotting and, if he was in a particularly depraved mood at the time, a circle-snot.

    Good Lord. And, yes, he did. What is Taco-snotting?

    Taco-snotting is the term used by Robert Malda to refer to the depraved act of fellating another man (homo- or heterosexual; CmdrTaco is rumoured to prefer raping unwilling victims), then blowing the semen out his nose and back onto the face and body of his victim. Naturally, a long, bubbly stream of milky-white semen is left on CmdrTacos face, dribbling out of his nose and down his cheek: hence the term, Taco-snotting.

    And if thats not bad enough

    A circle-snot is a Taco-snotting circle-jerk, another practice common among the Slashdot crew. CmdrTaco, CowboiKneel, and Homos get together and snot each other with their gooey, sticky cum spooging their jizz-snot all over each others faces and pasty, white bodies, until theyre covered head to toe with their own and each others man juice. This vile, ungodly ritual can go on for hours. For the homosexual penetration that follows this lengthy foreplay, Roblowme is usually there to provide plenty of anal lubricant; he owns a limousine service and has ample supplies of motor oil and axle grease ready to go.

    To complete this perverted orgy, fellow faggots Michael, Timothy, and Jamie will usually join in, dressed in tight leather mock-S.S. uniforms, jack boots, and leather gloves. The homosexual shenanigans that follow are nearly beyond description. The whole group begins to snot each others spunk and whip each others pudgy asses with riding crops and chains until their pale, white geek bodies

  147. Last Post! by Anonymous Coward · · Score: 0

    Last Post! Last Post!

    Sux on it, suxorz!!

  148. Kiss Privacy Goodbye by wizardfkap · · Score: 1
    Kiss privacy goodbye.

    It's so funny, while Congres passes gigantic privacy laws that require every doctor, dentist, pharmicist and bank (ETC.) to post their PRIVACY policies, provide opt-outs and require customer signatures annually, ANYONE can merely claim you've violated their copyright (wihout any proof or even documentation of the copyright itself) and demand and receive full personal information from an ISP.

    the WIZ............

    --
    www.wizardfkap.com