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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."

45 of 444 comments (clear)

  1. Sure.... by feyhunde · · Score: 5, Funny

    We promise nothing bad will happen if you admit guilt and give us all your contact information.

    --
    I'd say more, but my guild is raiding.
  2. Hmm by cultobill · · Score: 4, Interesting

    Ok, the RIAA says they won't come after you if you fill out the form and destroy your copies. That's great.

    What about the labels/artists they represent? Those people probably still have the rights to do so. And, hey, they've got your name and stuff...

    I'm still a fan of only downloadings stuff you're allowed to, but whatever. I'm not too zealous about people downloading their music.

    --
    -- Bill "Houdini" Weiss
    1. 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.

    2. 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.

    3. Re:Hmm by C10H14N2 · · Score: 5, Funny

      You sound like the guy who drove into my Bentley at 35mph when it was parked at Wal*Mart. Why don't you give me your name, address, license plate number and a notarized admission of guilt?

      Oh yeah, I was only borrowing the car to deliver pizza, but I'm sure the actual owner, his insurance company and bank won't sue you into oblivion if I hand all your documentation over with an admission of guilt.

      Bessos.

    4. 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.

    5. Re:Hmm by shdragon · · Score: 4, Funny

      ...the police will get a call right after the use of deadly force in self defense.

      Ahhh....you must live in Texas too.

      --
      "...we dont care about the economics; we just want to be able to hack great stuff."
  3. GARA - Geeks Against RIAA Amnesty by inertia187 · · Score: 4, Funny

    Remember, friends don't let friends claim amnesty.

    --
    A programmer is a machine for converting coffee into code.
  4. 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?

  5. What was that? by IpsissimusMarr · · Score: 4, Funny

    What was that Lassie?
    *woof* *woof*
    Don't trust the RIAA?
    *woof* *nods head* *woof*
    They're only trying to destroy their customer base?
    *woof* *nods head* *woof*
    Good Lassie.. *pets Lassie*

    --
    "Engineers do the work of man, Physicists do the work of God"
  6. 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 DDX_2002 · · Score: 4, Informative
      Rasafras said:

      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.
      Yes, there are rules against abusing the legal system, but merely filing a bunch of lawsuits isn't in and of itself abusive, nor is using form letters. It's not how many lawsuits you file, it's whether the parties named are proper parties and whether you have a case or not. There's nothing at all wrong with suing thousands or tens of thousands of people, so long as they've actually done something to you.

      You'll be hard pressed to find a lawyer anywhere that doesn't use form letters or form pleadings. Lawyers LOVE precedents and HATE drafting things from scratch. A precedent that you've already used a dozen times before (and won with) is a whole lot better than a newly drafted document never tested by the courts.

      Similarly, no client wants you spending hundreds of dollars an hour drafting and redrafting a simple letter - if you have a form letter that your assistant can put the numbers and names into in five minutes, save your client some money and spend the time you save on strategy.

      The trick is to make sure you do actually update the form and precedent to fit the situation. There've been a lot of lost deals and suits because people used precedents without understanding them or reading them carefully.

      Just my opinion - I could be wrong, and probably am in your jurisdiction.

      --
      MHO. YMMV. Any resemblance between this post and real persons, or reality in general, was accidental.
  7. 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.
  8. Interesting Quote by Disevidence · · Score: 5, Interesting

    "Addressing the issue recently, Matt Oppenheim, senior vice president of business and legal affairs at the RIAA, said that courts have already ruled that individuals are not anonymous when they publicly distribute music online."

    I find it interesting that he states that your not allowed or should be disregarded of being anonymous when you distribute music online. What if i want to distribute my OWN music online, anonymously. Sure theres probably little reason for me to.

    I find it disturbing that they seem to be confusing distributing music online with copyright violations.

    --
    Think nothing is impossible? Try slamming a revolving door.
    1. Re:Interesting Quote by pla · · Score: 4, Funny

      I find it disturbing that they seem to be confusing distributing music online with copyright violations.

      Ah, you haven't seen HR1911, defining "Music" as a trademark of the RIAA member corporations, and everything else as "pornography induced instrument torturing"? Tsktsktsk. Gotta keep on top of these things. ;-)

  9. what bothers me. by blanks · · Score: 4, Interesting

    Is that people like parents, kids who dont know better, collage students etc, are going to give out this information willingly.

    They dont know what to expect, or in most cases, what they may be doing is wrong (downloading music, videos etc).

    1. Re:what bothers me. by Scrameustache · · Score: 5, Funny

      collage students etc

      Not just collage students! Papier mache students and bas-relief students too!

      All the arts & craft students are at risk!
      ;-)

      --

      You can't take the sky from me...

  10. Re:word "amnesty" by bersl2 · · Score: 4, Insightful

    Amnesty International?

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

  11. 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!

    1. Re:Makes sense by stwrtpj · · Score: 4, Funny
      You sign a document where you admit you illegally shared Metallica songs

      You would think that alone is embarassment enough.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
  12. 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
  13. 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?

  14. Re:word "amnesty" by Anonymous Coward · · Score: 5, Funny

    Any thing with word "amnesty" in it, should be a warning by itself.

    yeah, watch out for amnesty international, or they'll protect the hell out of your human rights.

  15. 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.

  16. Hand over your enemies... by gnovos · · Score: 4, Interesting

    Go ahead and hand over the information... Just not YOUR information. Instead try handing over the names of the sons and daughters of your favorite senator. Maybe that will finally put an end to the mess once and for all.

    --
    "Your superior intellect is no match for our puny weapons!"
    1. Re:Hand over your enemies... by Ryokos_boytoy · · Score: 5, Interesting

      I remember in the 80's Regan and his nazi crew wanted an anonymous phone call to police to be probable cause for a search warrant. So, as per High Times instructions, the police lines were flooded with tips about lawyers with non-existant cocaine stashes. After a couple of raids and the resulting lawsuits, the gov quickly gave up on that idea. Same concept here. Sounds like a solid plan to me.

      --


      If you don't say anything, you won't be called on to repeat it. -- Calvin Coolidge
  17. Public Service Announcement by ChrisHanel · · Score: 5, Funny
    If you or anyone you know was contemplating handing over information to the RIAA,

    ...please try not to pass on your genetic map to offspring, and do us all a favor. Thank you for your cooperation.

    --

    -=-This sig brought to you by The Cheat; and by Viewers Like You.-=-

  18. RIAA's privacy policy by SnowWolf2003 · · Score: 5, Informative

    This CNET article on the topic points out one of the major flaws of the amnesty program.

    "The group said it would not use the information gathered for marketing purposes or share it with any other group of copyright holders. Critics such as the EFF's von Lohmann dismissed the assurances, saying that the RIAA's privacy policy allowed the information to be shared if "required by law," a clause which could allow groups such as music publishers or Hollywood studios to subpoena the information from the RIAA to use in their own lawsuits."

  19. Who to hate more by jdc180 · · Score: 5, Funny

    Aaarrgghh... who am i supposed to hate more, RIAA or SCO... maybe i'll get lucky and a microsoft story will be up next and complete the slashdot axis of evil :)

  20. Here is a copy of the form.. by doormat · · Score: 4, Funny
    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  21. How much do I owe by QuackQuack · · Score: 4, Funny

    I downloaded an album called "Selections from the Linux kernel source code, set to music, with contributions from IBM"

    I'm starting to feel guilty about doing this, and want to fess up, How much do I owe?

    --
    By reading this sig, you agree to the terms of my sig license.
  22. MPAA by Asmodean · · Score: 5, Funny

    And of course the RIAA would *never* share this info with the MPAA to go after movie sharing... nope, not gonna happen.

    err... hang on there's a knock at my door...

    @$#^% [NO CARRIER]

    --
    It's a good thing the world sucks or we'd all fall off.
  23. Translation by cluge · · Score: 5, Funny

    For those that haven't been following along

    What the RIAA says: We are just fair minded people protecting the artists.

    What they mean: Our middle managers want a raise.

    What the RIAA says: For every 50 bands that get signed only 1 "makes it"

    What they mean: Hookers are expensive, and sometimes when we get drunk we sign people that aren't very good

    What the RIAA says: If you promise to erase all the MP3's you were letting other people download we won't prosecute you

    What they mean: yet

    What the RIAA says: The illegal distribution of MP3's are hurting our CD sales

    What they mean: We thought our near monopoly on music distribution would protect us in an economic downturn

    What the RIAA says: No one wants to play the heavy

    What they mean: We hired these god damn lawyers, it's about time we use them

    What the RIAA wants you to think "It's about what is fair" what they don't want you to know is that in every single case brought against them by an artist for failure to pay royalties, they have lost. (Ok, maybe not that time michael jackson sued)

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
  24. Sound familar? by soulee · · Score: 4, Funny

    "For those who want to wipe the slate clean and to avoid a potential lawsuit, this is the way to go,...", Mitch Bainwol, RIAA Chairman and CEO. Is it just me, or is this quote just a little too Agent Smith?

  25. Is file sharing over.. by nolife · · Score: 4, Interesting

    I feel the RIAA is playing the FUD game here with this campaign. They are simultaneously issueing the subpoenas and this amnesty program to give the impression to the average Joe, that they, the RIAA, are now in complete control of the P2P situation and in just a matter of weeks, music sharing via P2P will be over. The free ride is over, we already know who has done what, all that is left to sign this agreement to avoid legal action. I wonder what other card they will throw down when this has no effect.

    --
    Bad boys rape our young girls but Violet gives willingly.
  26. 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.
  27. If you or anyone else... by Valiss · · Score: 5, Funny

    If you or anyone you know was contemplating handing over information to the RIAA, you may smack yourself.

    --

    -Valiss
  28. 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.
  29. Remind me.... by cgranade · · Score: 5, Interesting
    Remind me when something surprising happens. In the meantime, I will continue to rant and scream at the idiocy of those who submit to the RIAA. As for myself, I bought $45 of CDs from CD Baby, which does not sell RIAA-tainted albums. In other news, if you bookmark
    javascript:var%20index=location.href.indexOf('/- /');if(index!=-1){var%20asin=location.href.substri ng(index+3,index+13);}else{var%20index=location.hr ef.indexOf('ASIN');var%20asin=location.href.substr ing(index+5,index+15);}window.location='http://www .magnetbox.com/riaa/check.asp?asin='+asin;
    as a bookmarklet, it acts as a RIAA Radar. Go to a CD on Amazon, and it will take you to magnetbox.com and tell you if something is RIAA tainted.
    --

    #define DRM chmod 000

  30. Re:Not trying to troll by King_TJ · · Score: 4, Interesting

    B.S.!

    The indicted today are *NOT* "bigtime distributers of music" at all. The only people truly fitting this description are the folks churning out black-market counterfeit tapes and CDs and *selling them* on the street.

    The RIAA still hasn't shown much interest in stopping those people, by comparison. They're too hung up in this "fight the P2P networks!" garbage.

    The fact is, even the individuals with the biggest hard drives full of MP3 music to share are giving the stuff away - NOT selling it at a profit. The folks selling counterfeits are much more of a direct threat to music sales, because they're diverting money from customers who are actively trying to BUY music.

    One of the big problems I see is the RIAA's seeming interest in the sheer number of files available for free downloading from a single source. What if the person is some teenager on a 33.6K modem connection? His/her vast collection of MP3s doesn't really mean much at all in the "big picture", because the bandwidth limits physically prevent too much music from getting shared around anyway. Theoretically, one guy sharing only one "hot new album" off a T3 could be a much bigger problem ... but you know the RIAA isn't looking at it that way.

  31. Re:word "amnesty" by the_Bionic_lemming · · Score: 5, Interesting

    Ok - I'll bite.

    I was a target for the local Head of Amnesty International. Mark - Who was a teacher at Lewis Univercity back in the 1990's.

    They decided that the execution of a rapist-Murderer that chopped up his victims was barbaric and held a cadle light vigil at stateville penitentiary in Joliet Illinois.

    I wrote an op ed piece for the local paper explaining how we were eliminating a dangerous animal rather than a normal functioning member of society. Mark flew into a rage. He contacted the paper and demanded to run a rebuttel against my op ed piece - with a tag line stating that replies to replies would not be printed. He called me an animal, and was espicially vindictive when I had asked Amnesty International to come up with a better solution that would make sure that murderer-rapist-dismemberer never was a threat to society again.

    What's more In his class I argued that the military did indeed provide a benefit outside of military actions, talking of jets, rocketry, navigation , MASH type emergency surgery, and dozens of other things that have spun out of military research and experience.

    I went from an A averege on tests to a "D" in his class for my "Audacity".

    Yeah, amnesty international is great. The people they get to head up their chapters are stellar. Boy, they sure have their heads on straight, and us folks living in the real world should STFU.

    Yeah, I got karma to burn - but I had to get this off my chest.

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  32. Re:word "amnesty" by Red+Warrior · · Score: 4, Funny

    Parent said: if some western democracy decided

    And you bring up france?

    --
    "If, therefore, any be unhappy, let him remember that he is unhappy by reason of himself alone."
    ~Epictetus
  33. Pseudononymous? by rgmoore · · Score: 5, Informative

    The reason that you're not anonymous (when trading files) is because you do actually have a name or persistent identifier attached to you. This is like the difference between being an Anonymous Coward on /. and being a regular poster. The AC is, as the name suggests, truly anonymous; /. has taken some steps to make it so that even they can't identify ACs some time after the fact. Regular posters, though, are pseudonymous- hiding behind a false name. You can track what an individual poster does, but you can't necessarily connect them to a particular flesh and blood person without help from /. Even if the poster deliberately puts identifying information on his user page, that information could be fraudulent, so you'd actually need to ask the /. staff to uncover the information in their records to have a good chance of proving who they are to a court.

    --

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

  34. 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)