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EFF Warns Against RIAA Amnesty Program

kpogoda writes "Check out the latest warnings from the Electronic Frontier Foundation regarding the recent actions from the RIAA. If you or anyone you know was contemplating handing over information to the RIAA, you may think twice."

24 of 444 comments (clear)

  1. Re:EFF can butt out by dAzED1 · · Score: 3, Insightful

    ummm...the EFF does QUITE a bit, considering the responsibilty it has to do anything at all (none). Just what are you suggesting?

  2. Anonymous? by Anonymous Coward · · Score: 5, Insightful

    If you're not anonymous while trading songs online, how come they need to get someone to figure out who the hell you are?

  3. I always thought... by rasafras · · Score: 5, Insightful

    that the action by the RIAA isn't really defensive, it's offensive. Chances are, you're going to keep sharing after you file the forms. Now, if you violated a written agreement, they have a far more solid basis upon which to prosecute. It turns into a black and white case. Otherwise, the RIAA seems to me to be a police force of sorts now, prosecuting people left and right. Karma whore help me out - there is a law against the abuse of the legal system in overusing lawsuits, isn't there? The RIAA is practically using form letters to send them out.

    1. Re:I always thought... by Androgynous+Coward · · Score: 3, Insightful

      Actually, I'm thinking there are other motives. In a court of law any claims on how much downloading is hurting their business can still be considered speculative. I mean, it would be difficult or just plain time-consuming for the recording industry to *prove* in a court of law that x number of files are traded by n number of people.

      In essense, this amnesty would assemble the evidence list for the RIAA enabling them to go before a court (or congress via their lobbyists) with documented and notarized numbers...can't argue that unless you're Johnny Cochran.

      - AC

  4. to sum... by dAzED1 · · Score: 5, Insightful
    "Stepping into the spotlight to admit your guilt is probably not a sensible course for most people sharing music files online, especially since the RIAA doesn't control many potential sources of lawsuits," EFF Staff Attorney Wendy Seltzer said in the statement.

    That's pretty much the sum of it. That, and the fact that they're not promising to /never/ prosecute, they're promising a reprive.
  5. Re:word "amnesty" by bersl2 · · Score: 4, Insightful

    Amnesty International?

    Last time I checked, they were doing some decent things.

  6. Makes sense by Anonymous Coward · · Score: 5, Insightful

    You sign a document where you admit you illegally shared Metallica songs, under the condition that the RIAA not ever sue you.

    Then Metallica sues you.

    It's a sucker deal. Not to mention that you're also agreeing to refrain from engaging in lawful behavior as well!

  7. Re:word "amnesty" by Absurd+Being · · Score: 4, Insightful

    Like Amnesty International? It sure has some ugly pictures on it, like of human rights abuses. So I guess it does deserve a warning.

    --
    Karma: Excellent^(-t/Tau), Tau=Wittiness/Trollishness
  8. Beyond Captain Obvious by tarnin · · Score: 4, Insightful

    While this really is a "Thank you Captain Obvious!" statement, it is nice to know where the EFF stands. While so many other lawyers are out there drooling over the opportunity to scrape up wads of cash at the RIAA's biding, these guys come right out and tell people that the RIAA is full of crap.

    Only thing is I wish more non-techy people even know the EFF existed. I told my mom about this as she had heard all about the RIAA and this new amesty thing from the local news, she had no idea who the EFF was. Apparently the news is only running the RIAA's side of the story. No great suprise here but it kind of limits the impact of their statment now doesnt it?

    1. Re:Beyond Captain Obvious by Militant+Libertarian · · Score: 3, Insightful

      Apparently the news is only running the RIAA's side of the story.

      Well who runs the news.. let's see here there's CNN (owned by AOL TW), ABC (owned by Disney), and probably several other companies that also own record labels.

      Do you know anyone NOT on slashdot that heard of the price fixing scandal by the record labels? There aren't many, and that's because the conventional TV news sources didn't cover the story, even though it accounted for more than $60million in losses for the record companies that year.. And the news was (and is) refering to the drop in revenues to be the fault of piracy.. every. stinking. time.

      --

      I fear nothing but my government. Vote Libertarian.
  9. Not trying to troll by Anonymous Coward · · Score: 3, Insightful

    I'm really trying to figure out why the EFF is spending so much time on this. There are a lot of really scary things out there (the DMCA for one), that don't involve helping defend bigtime copyright infringers. (Note: copyright infringer here is defined as someone who willfully shares copyrighted works, not fair use copiers, or even downloaders. The indicted today are, AFAIK, bigtime distributers of music to many people they probably don't know) I understand that some of the previous cases have been indirect infringers, but these seem to be more appropriate. If I remember, the /. community was advocating this when they were taking down Napster (via the legal system).

    1. Re:Not trying to troll by Ungrounded+Lightning · · Score: 3, Insightful

      I'm really trying to figure out why the EFF is spending so much time on this. There are a lot of really scary things out there (the DMCA for one), that don't involve helping defend bigtime copyright infringers.

      Because the way power groups remove one of your rights is by FIRST going after some scumbag who is using that right for some icky purpose that NOBODY approves of. Then, once they have the precedent set, they go after someone less scummy.

      After a few steps they have the machine builit and greased. THEN they go after the people using the right for innocent purposes. (See the Martin Niemoller "First they came for the Communists ..." quote.)

      Classic example: Going after Kiddie Pornographers as the first step of shutting down free speech and the free press.

      So the time to stop them is when the go after that first scumbag.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  10. I'll say it one time. by Anonymous Coward · · Score: 5, Insightful

    The public reaction to the lawsuits needs to be loud and clear--

    Boycott.

    And it needs to be directed not just towards the RIAA, which is a lobbying industry group meant to be considered separately in the mind of the public from the actual companies.

    I think maybe a targetted boycott campaign against not the RIAA blanket company, but a particular member (chosen randomly) would wake them all up. Put some direct pressure on one pillar, somethign that will hurt, and maybe they'll start to get the message.

    A month-long focused boycott of a single RIAA member company-- recording division only-- Internet-wide. Think of the media attention that would get! Then the next month, a new company...

    Just a thought. Anyone wanna pick up the ball?

    1. Re:I'll say it one time. by Mike+Hawk · · Score: 4, Insightful

      I'd just like to point out here, that for said boycott to be taken seriously by the public at large (which you need to be effective), that members actively participating in said lawsuit should probably not get caught sharing copyrighted files.

      Continuing to share files and getting caught could be construed by the RIAA to show that you don't really care about whats "right" and that you just want free stuff. This would kill all of the positive publicity and could taint the whole group in the eyes of the public at large (see Greenpeace and some of their more fringe actions.) For this to be effective, the participants will need to show that what they are doing is unquestionably "right". Just look at (a grossly oversimplified) history in the US. Cop punches protester unprovoked = public sympathy and outcry = laws get changed, constitution gets amendments. Cop beats the sh*t out of protester after getting hit with a bottle = no sympathy = public becomes entrenched AGAINST said cause.

      I'd participate under those conditions.

  11. The frustration of current "IP" stuff. by EMN13 · · Score: 3, Insightful

    I guess this is slightly offtopic; but with all this talk going on not only about the RIAA but also the software patents now in europe and DMCA etc etc etc, it's becomes hard not to notice the big pile of dung that copyrights et al seem to be causing. And for what? There's so many cool things one could do with a more relaxed information environment but instead, copyrights not only prevent this, but often, one of the original motivations behind copyright (namely that things get published at all) is rather side stepped. You can't learn anything from a compiled binary; yet nevertheless it enjoys copyright protection (effectively does in any case).

    I don't think the right to exchange information is holy or somehow a human right which you're suggesting here. Consider slander, spam, or malicious information. Malicious information is for instance a virus, or even something as simple as telling a very gullible person that to cure his headache he merely needs to jump off that tower there...

    Given the obvious advantages of free information flow (it is for instance the underpinning of a free market, and necessary also for a "democratic" society), I'ld say information should not be needlessly restricted unless there is a very good reason for it.

    Supposedly, copyrights/patents are a required to encourage the production of new knowledge.

    I would say it's clear that they do encourage some creation of knowledge. By their very nature, however, they also limit it's applicability and extension, therefore also discouraging the creation of such knowledge. Furthermore, I think a better system could be instituted.

    Given that copyrights use market dynamics to encourage creation, whilst those dynamics work only in situations of scarcity, and that information itself (not the distribution thereof!) is not scarce, we can conclude that a system that tries to encourage new knowledge without enforcing scarcity would be optimal, as doing so would bring encouragement without destroying the actual point of the knowledge in the first place.

    People regularly comment on the fact that communism (specifically in Russia) collapsed because it (it being the abstract administrative process that is communism) is a fundamentally bad match in the real world (in which resources are scarce). Generally it's not so widely noted that the same could be said of our current Intellectual Property mess.

    Fortunately, we already have a mechanism to support non-scarce goods (aka social goods) in our society! Subsidizing knowledge production is a far superior solution... and we already do it to some extent with schools, art grants, universities, etc etc etc.

    The question then becomes: how to divide such grants? I don't have an easy answer to that but a model ala de references by academic papers (or for that matter hyperlinks in the net) comes to mind.

    To draw an analogy: in our current situation, knowledge is exclusively controlled by it's creator, which is comparable to how a completely "closed" internet portal would control its content and display information and news depending mostly on how much it can pay to create or buy that information from some news service or equivalent. The subsidized model which supports knowledge creation is more like the net at large with hyperlinks forming the votes for who's cool and who's not. Even without a framework specifically designed to support it, google seems capable to extract useful information from those votes :-).

  12. Re:Hmm by Ieshan · · Score: 5, Insightful

    What about that last quote, where they said that because they weren't a legal organization, they weren't bound by the limits of search?

    I'd be dubious of giving anything to anyone who said they didn't have to honor the law.

  13. Re:Hmm by LostCluster · · Score: 4, Insightful

    That's exactly the problem here. You're handing over a notarized confession complete with your home address as verified by ID to the RIAA, while it's the individual members of the RIAA whose content you've stolen. The RIAA doesn't have the authority to legal agreements binding upon each individual label... so even though the RIAA forgives you, Sony, AOL Time-Warner, et al. can still go after you, and they can use that "shamnesty" confession as all the proof they need.

  14. Re:Interesting Quote by Dopefish_1 · · Score: 3, Insightful

    Of course they're confusing distributing music online with copyright violations. They want to paint a picture where P2P applications are evil and all their users are "stealing" music. If it becomes generally acknowledged that P2P apps have perfectly legitimate use, then the RIAA loses some credibility and some leverage against file-sharers.

    --

    #include <sig.h>
  15. Re:word "amnesty" by EzInKy · · Score: 4, Insightful

    Hmm, are you saying that Amnesty International is evil or something?

    No their not evil, just misguided and shortsighted.

    On their homepage, for example, is a call to sign a petition to "Stop The Slaughter Now!" in the Congo. But rest assured if some western democracy decided to take the bull by the horns and do exactly that by sending in troops they would accuse that democracy of interfering with the locals right of self determination.

    --
    Time is what keeps everything from happening all at once.
  16. Car accident by Weaselmancer · · Score: 4, Insightful

    It's good advice, period. Illegal or not.

    Ever been in a car accident? Doesn't matter if it's your fault or not, what's the last thing you say to the cop?

    "It was my fault."

    Because if you do, you've just thrown out any hopes of a successful defense. You WILL be reamed to the full extent of the law. NEVER admit to anything if the law is involved. Your fault or not. Illegal or not. Let the prosecuting attorney earn his keep.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
  17. Re:Hmm by pla · · Score: 3, Insightful

    What about that last quote, where they said that because they weren't a legal organization, they weren't bound by the limits of search?

    Wouldn't that tend to imply that they have no right to conduct a search in the first place?

    I have signed no contracts granting the RIAA the right to conduct a search of myself, my property, my history, or even for my car keys that I keep misplacing.

    Baring some official status, or a contract... Why should it matter that normal proceedural limitations do not apply to them? My neighbors don't need to observe due process in considering me annoying, but if they decide to search my house to prove it, the police will get a call right after the use of deadly force in self defense.

  18. Re:Hmm by rgmoore · · Score: 5, Insightful
    Yeah, the fourth amendment only restricts the government.

    It's not 100% clear that's true. The Fourth Amendment says:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    It doesn't say that the right to be protected from unreasonable searches and seizures shall not be violated by the government, but that it shall not be violated. That at least suggests that private entities shouldn't be able engage in unreasonable searches and seizures, either.

    Even if it applies only the government, you have to remember that the courts are also part of the government. That means that private entities should not be able to use government power in the form of court orders to perform searches that would be rejected were a government agency to try them. That may leave it open for private agencies to snoop in ways that the government isn't allowed to, so long as they don't use court orders to do so and they obey relevant laws against trespass, unauthorized computer access, etc.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  19. Re:word "amnesty" by critter_hunter · · Score: 4, Insightful

    To quote Top Dollar:

    A man has an idea. The idea attracts others like-minded. The idea expands. The idea becomes an institution. What was the idea?

    Because you've had some bad experience with a (perhaps) misguided person who is part of the institution does not make the institution as a whole worthless. Nor does it make the ideas behind that institution bad. Because you disagree with their ideas that killing murderers is barbaric doesn't make either viewpoint invalid. See, there's this fun thing about philosophy, where two completely opposed opinions can be right at the same time! Life isn't boolean, true or false, black or white.

    The fact is that Amnesty International's goal is to help others, and to improve living conditions for the human race. The success and steps to make that happen, you can disagree with, but to discredit the whole thing based on one bad experience with a teacher (hey, I got news for you: 90% of Humanities teachers are fucking assholes who'll flunk you if you don't act like a good brainwashed idiot) isn't very nice of you.

    But then again, I guess forgiveness and giving second chances aren't your strong points, seeing as how you're pro death penalty and all.

    --
    Karma: Could be worse (could be raining)
  20. Re:word "amnesty" by knobmaker · · Score: 3, Insightful

    So tell me this. What kind of a nutbar bases his opinion of an entire international organization on the basis of one unpleasant individual's actions?

    Where's the logic? The murderer whose execution you were celebrating was male. Does that mean that all men are murdering animals? Why not?

    You might want to entertain the notion that judging a large group of people by the actions of one is pretty much the definition of brainless bigotry.

    No wonder the world is so screwed up.