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RIAA Offers Amnesty to File Sharers
Mister Dre writes "Apparently, the RIAA is planning to offer amnesty to file sharers who promise to delete copyrighted material from their computers. To take advantage, of course, you 'have to send a completed, notarized amnesty form to the RIAA, with a copy of a photo ID.'" Hey RIAA, how about I just stop sharing files, and we call it even? I know I own most of the CDs for the files I listen to, but I stopped buying those too so you'll know where I stand.
So you mean I can sign a document that might guarantee me jail time if I ever download an mp3 again? Where do I sign?
I'll form my OWN solar system! With blackjack! And hookers!
Keep in mind the RIAA is not the only organization that owns copyrights on music. Whats stopping some other company from taking advantage of these admissions of guilt?
What, pray tell, do you find an acceptable course of action for the RIAA?
:)
Oooh, ooh! I know this one!
First, RIAA should not go after P2P services. They should go after the actual infringers. But not in a cruel way--these are fad-following college kids, after all. How about they tell them that it's wrong, and then find out who does it anyway, and go after the worst of them--and offer amnesty for anyone who is willing to give it up?
Oh, and they have to have a few ways to get digital music legally...
Hey, wait, they're doing that! What's up with that! How can we rail about how evil the RIAA is if they do what's morally and legally right for them to do!
Here's an idea on how to possibly protect yourself from being found guilty of filesharing by the RIAA/MPAA (I've raised this before in a previous post didn't get much notice).
Recall that there was a successful defence where the user claims that he didn't mean to share the files or install an unlicensed program - it was done automatically either 'by default' or by another malicious program. I smell a loophole here.
What if someone writes a 'benign virus' that will generate behaviour such that will help us exploit this? The 'virus' will, in addition to spreading itself wide, randomly download files and share files such that it is indistinguishable from normal filesharing behaviour of real users. This way we can always blame the virus for our filesharing activity.
Even better, if you get sued by the RIAA/MPAA, retroactively 'activate' the virus (make it in such a way that it seems like it got in your computer b4 the filesharing activity is made public) to protect yourself and frustrate the RIAA/MPAA in court!
Do you think it will work?
It isn't unethical. There are lots of people out there who want you to download their music, and lots of other people who don't care if you download their music. The problem is that there are also people out there who don't want you to download their music -- and there isn't any way to tell which music is which.
Who do you think ought to have to make it clear whether or not you may download their music; the people who are using their fundamental free speech right to be heard, or the people who are asserting their federal statutory copyright?
Big Brother Bush is doubleplus ungood.
Concurrently, they've also ignored the astonishing width and breadth of ill will that they've engendered with their supposed buying public. The majority of people involved with sharing still care about music. They are probably more inclined to purchase music they like then the average person (they just want to be sure it is music they actually like). And the RIAA has done everything it possibly can to build such a seething level of hatred towards them that they are probably losing an entire generation of potential customers.
Calling them idiots would be deeply insulting to idiots.
"Whether you agree with them or not, the RIAA has determined that file "sharing"(stealing/copyright infringement) has negatively impacted their "industry"(ripping off artists and preventing others from competing, or even distributing, fairly). You have to admit, they have some compelling evidence that justifies their claim. "
I see compelling evidence that the the RIAA's loss in sales are a direct result off their own actions.
1.) They don't respond to supply and demand. Thus customers are no longer getting what they want.
2.) By attacking Mp3s, they've made people start floating the word boycott around. Two early examples immediately pop into mind. "By downloading Mp3s, you're downloading communism". And Eisner's attack on Apple for their rip/mix/and burn campaign, claiming it was all about piracy, thus naming Apple customers as thieves.
3.) Downloading music != loss in music sales. There's no accurate way to say that music sales were lost due to downloading, only anecdotal evidence at best. Yet, while people were downloading music, they were exploring new bands to get involved with. Since the RIAA attacked this so heavy-handedly causing people to boycott them, we'll never know if they would have ended up ahead or not.
I won't ignore the idea that there are people who were downloading Mp3s so they didn't have to buy the albums. But consider this, though, what about the 56k days? It was not convenient to download a single album. A single MP3 could take anywhere from 15 minutes to an hour to download. A whole album? Oh my. No. Somebody doing that was either can't pay the rent broke, or they only wanted one song from that album. Thanks to the RIAA's oligopoly/monpoly/cartel, you can't go buy that one song. So, you get to pay $17.99 for that song you hear for free on the radio all the time.
Yeah, I'm on the opposite end of the spectrum from you. I can't imagine that with the what, 2 billion songs getting traded every month, that the RIAA would only see a few percentage points of a drop in sales. Frankly, I think most of that dip in sales has more to do with people saying 'screw you, its not worth it' than people saying 'oh I can save money by downloading these.' I believe that if the RIAA hadn't pulled these stunts, the music trading would have made the music scene far more active and interesting to people. There'd be some getting music without paying, but there'd be a lot more who were waiting in line for their favorite band's next release.
A few months ago, there was an article on Slashdot about Magna comics in Japan. Lots of people were doing fan-fics that would technically qualify as trademark/copyright infringement. They'd have these conventions where they'd sell them to each other etc. Here in the USA, they'd be shot down in no time. But over in Japan, the comic book companies love this 'infringment' because it keeps rejuvinated interest in their content, compltely free of expense to them!
So no, I cannot determine that file-sharing has had an impact on the RIAA. They drove people away when they could have attracted them.
Fold up and die?
I don't completely disagree with your opinion, but I think a lot of people on Slashdot understand one thing which the RIAA doesn't: This is the Digital Age, and Everything has Changed.
Not ethics, not morality, but the rules have changed and are changing everyday, and trying to stick to the old rules will only prevent society from going forward. Laws are made to serve society, to enable it to exist, and grow, not to stifle the lives of people or to protect corporations. To protect our right to live free and in reasonable privacy, unless we have been already convicted of a crime, and our right to earn our living, not to protect the right of corporations to exploit the people, or to allow them to become vigilantes.
We must go forward, and this requires us to re-evaluate our "morals" (which I don't like, I prefer ethics), and our laws, and our beliefs as a society. Ideas are free, and cannot be stopped once released, it is the same with art, once produced music can be reproduced or remembered. Any attempt to limit its propagation can only be temporary.
I think we stand at a limit point, and the RIAA and MPAA are trying to keep us on this side, because once we really cross it it will be too late for them.
On a purely ethical viewpoint, what's WRONG with file sharing? It is not theft, because I do not directly deprive the composer/performer of a good. Neither does the file sharer directly profit from it. No, what we do by these activities is to "deprive them of theoretical revenue". This is not in any way different from the BSA's line. Who would have kept the major share of that revenue? The RIAA's member organizations - not the artists, who get very little at the end.
I agree that to profit from file sharing by selling the works for more than the cost of the media or misrepresenting a work as being from someone else than the original artist is unethical and should be illegal.
But file sharing itself? No. The whole idea of "copyright infringement" has to be reviewed in this digital age, the Age of Information. Because information is running the risk of becoming a commodity in the control of the corporations.
If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
For Gods sake people,
stop listening to the drek the record companies churn out as part of their protection racket.
There are great artists in all but the smallest local communities, they are turning our good quality CD's in their garages (seriously).
How all the Open Source Zealots (of which I am proudly one) justify refusing to use MS's products while they still propagate the popularity of the record compaines (who are far more exploitative than MS ever was, how many MS coding billionaires are there? a lot more than singing billionaires) is hard to credit.
Illegal file trading is just the same as running cracked copies of proprietary software.
And there's a bloody good local alternative thats going to get a lot better if you support it.
Let them have their crap music (and even the good stuff they very rarely produce) and get on with building a better alternative.
And you'd be mad to take part in this amnesty, it only applies if they don't know about you, in which case, why put your hand up?
'There is a Light that never goes out.'
The laws are also contrary to the nature of the universe. Information is easily copied. Attempting to (unenforcably) restrict the copying of information, and ignoring the benefits that mass-distribution of information can bring (especially in education and the arts) is counterproductive. Might as well try to legislate against gravity.
occultae nullus est respectus musicae - originally a Greek proverb
What would be an acceptable course of action for the RIAA? Here is an exerpt from dontbuycds.org:
To sum it all up, the recording industry needs to reform itself. Our boycott will end when they meet these demands.
* Stop using copy protection schemes. Using them denies us our fair use and personal property rights, and accuses us all of being thieves. If we buy discs, we have the right to play them in the player we choose. If that is the CD-Rom drive of a computer, so be it. We have the right to copy them to a personal MP3 player, or make a custom CD-R of favorite songs.
* Leave file traders alone. File trading gives artists, and the recording industry free promotion. Radio used to be a great promotion, but now rarely deviates from limited play lists which labels must pay to get onto through independent promoters. While Napster was online, CD sales were up. File trading is a legitimate way to try before buying. Music fans need it, and so does the industry.
* Stop selling music at such an obscene mark up. The cost to press and package a disc has continually gone down. It is currently less than one dollar. We realize that there are production costs beyond manufacturing, but that doesn't justify gouging. When CDs were new, they cost twice as much as LPs and cassettes. The industry claimed that the cost to produce this new format was high, and promised that as their costs came down, so would retail prices. This price drop never occurred. Instead, retail prices have gone up. In stores where vinyl records and cassettes are still sold, they are priced lower than CDs, even though they cost more to manufacture. A movie on DVD frequently sells for less than its soundtrack on CD. The industry has colluded to fix prices, and was forced to settle a class action law suit over this practice, yet CDs in suburban malls can retail for more than twenty dollars. In many countries, CDs cost more than that. In Iceland for example, a CD can cost 2500kr, equal to 29.50 in US dollars. This is unacceptable.
How ya like dat?
Most Slashdot readers should remember about the college students being sued only a few months ago by the RIAA/ 131125 5&tid=123; linked here is one for Jesse Jordan.
http://slashdot.org/article.pl?sid=03/06/09
IANAL, but I'm sure these guys are p****ed about this news. Sure, most (if not all) the money was recovered through donations and Paypal but I'm sure they would rather have instead signed a document w/ their photo id instead. Beats the hell out of forfeiting life savings, having your credit ruined and risk dropping out of school for lack of funds.
In light of this news, I will remember the RIAA when I next go shopping for CD. I'm sure all my choices will be artists who aren't with the big labels. I'd encourage everyone to shop for CD's from smaller labels as well.
Right. If you submit this, all the RIAA has is your word that you deleted the files. It even says in the article: "Those who renege on their promise will be subject to charges of willful copyright infringement". So basically, you give your identity to the RIAA and tell them you have committed infringement in the past, and you get what? ABSOLUTELY NOTHING! You can't keep downloading music, you can't keep the music you already have, and you don't have immunity from being sued in the future. You only have a guarantee that if the RIAA already knew you were sharing, and were *just about* to file a lawsuit, they won't. The chances of that are slim to none.
main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
That was my take on this as well. It smells like a honeypot, aimed at collecting identities of hitherto-unidentified file sharers.
And even if the RIAA doesn't sue any suckers who come forward, they'll sure have put themselves under the watchful eye for the rest of their online lives. Care to bet that the RIAA won't be using these IDs to coerce information from the suckers' ISPs??
~REZ~ #43301. Who'd fake being me anyway?
That said, the music conglomerates turned the corner when two things happened: the digitization of music and the merging of hardware and software companies. They chose an insecure, universal and easily transferable media to sell their wares and then demanded, bought and actually got corporate rights (!) to bypass normal judicial procedure to chase individuals who file share. A democratic republic is a balance of rights between individuals, should:
Record companies be granted rights above individuals to protect a poor choice of distribution media?
Should one industry demand the imposition of universal DRM on all individuals to protect that business model?
Should electronic manufacturers and media manufacturers merge and, acting through their respective industry associations, be allowed to act a single, indominable oligarchy to impose their wills on the market?
Could be that the price of the RIAA member industries solvency is too high for a society to pay (in which case I expect them to die off, as have innumerable industries before them). Or, they could adapt, maybe give you more for $20 than a $0.10 silver disc, two pieces of plastic, a sheet of colour paper, three level of middleman profits and one or two palatable songs. Direct market? Coupons for discounted promotional or concert tickets? Discounts on the next release? Put in the tiniest effort beyond shipping discs in a box?
As alluded above, they had more sales when Napster was at its peak. Radio, for well more than half a century free music, also pushed record company profits to ever-higher peaks. It could just be that free sharing helps the industry by getting their artists heard. They could even seed Kazaa and track trading as a form of market research. But they're stuck in a silver-disc version of a fifties industry and expecting either that the world stands still or that government grant them extrodinary protection to preserve an outdated production model. Yes, I expect that if they don't adapt they'll naturally fight, but reasonable expectation and reasonable are worlds apart. The RIAA's actions - political, civil and corporately - aren't reasonable.
"Hi Rogerborg! Please return the enclosed confession, detailing the extent of your copy right violations. In return, we agree to record your confession, but will probably postpone suing you over it until such time as you piss us off or we change our management or strategy."
Further spooky prediction: you'll receive regular queries about how much you've spent on CDs.
"Gee, Rogerborg, we know that you like music, because you told us that you had 10,000 mp3s. Now you say you didn't buy any CDs this year. We find that awfully strange. Isn't the balance of probability* that you've gone back to your wicked ways? Shouldn't you consider buying some CDs? Alternatively, just send us a check direct."
Complete one of these forms, and you'll be the RIAA's bitch for life.
* Note: balance of probability is the criteria in a civil suit. They don't have to prove that you're still filesharing, they just have to convince a court that it's probable, using your own confession against you. In fact, given that their "amnesty" will simply be a statement that they might might not sue you over your confession, they could just sue you over your past actions without having to demonstrate a damn thing. Bitch for life.
If you were blocking sigs, you wouldn't have to read this.
Wow - the RIAA has to be pretty damn desperate to pull this kind of Mickey Mouse BS. The RIAA's warped sense of reality rivals that of the Heaven's Gate cosmonauts. This one last chace to surrender tactic is pretty pathetic. I guess you cannot expect them to just throw in the towel, but I think that the use of these these desperate scare tactics are yet more evidence that the fight is over.
One has to kinda feel bad for the recording industry, poisoned by the P2P, we watch this dinosaur breath it's last few breaths. Sympathy aside; do we need record labels? What need or demand do they fulfill? They take artists - produce, advertise, then distribute their albums - their revenue is generated from record sales of which 1-8% ends up going to the artist. Artists make money by touring and endorsements.
Recording equipment used to be extremely expensive - thus making bands dependent on record labels to front the money needed to make an album. This is not the case anymore. One can make a professional recording studio for under 30,000 dollars, and this number keeps shrinking every year. Bands can produce/fund their own albums. Technology has brought 'Recording' to the individual - eliminating the 'Industry'.
Control of society's sources of information (radio/tv) is the foundation of the recording industry's business model. The RIAA's stranglehold of radio and TV is becoming more and more irrelevant as the masses are turning to the Internet for their info. The Internet is intrinsically decentralized - thus the RIAA cannot dictate what content is avalibe via the web. One's exposure to new music is no longer limited the 50 song playlists of their local radio stations or what they see on tv...
Distribution - I think it is evident the Internet is a pretty effective medium for distributing music.
So, where does all this leave the artists? Pretty much right where they are now - they can still make money by selling concert tickets/merchandise - as long as they do not suck. Offsetting lack of talent with marketing will become increasingly futile. No more mass marketed music? Sounds like a good idea to me. No more boy bands, brittany spears, lincon park, etc. What does marketing have to do with art anyways?