Slashdot Mirror


RIAA Settles With 12-Year-Old Downloader

Murdock037 writes "It looks like the RIAA has rushed to settle with 12-year-old Brianna LaHara, after serving her with a lawsuit on Monday. It looks like her single mother will be paying a $2,000 fine to the RIAA for her daughter's song-swapping, which they had thought was legal. Said Brianna: 'I am sorry for what I have done. I love music and don't want to hurt the artists I love.' What a relief this must be for the Rolling Stones."

92 of 1,688 comments (clear)

  1. The fight of the century! by Tyrseil · · Score: 5, Funny

    Ah, yes. The multi-billion dollar company vs. the 12 year old girl who lives in a city housing project. Truly a battle of titans.

    --
    Everything I say is a lie...
    1. Re:The fight of the century! by KU_Fletch · · Score: 5, Funny

      Hey, that 12 year old girl had it coming with her holier than thou "I like music" attitude. Good thing the RIAA stepped up and put an end to that rubish.

      --
      It's not stupid. It's advanced.
    2. Re:The fight of the century! by Ro'que · · Score: 5, Funny

      She's going to have to do a shitload of babysitting to pay her mom back that two grand. Ouch.

    3. Re:The fight of the century! by arth1 · · Score: 4, Interesting
      Ah, yes. The multi-billion dollar company vs. the 12 year old girl who lives in a city housing project. Truly a battle of titans.


      Anyone else feel like pitching in a buck or two for this family? With any surplus amount over $2k going to EFF?

      Regards,
      --
      *Art
  2. $29.99 by seanadams.com · · Score: 4, Informative

    The article is laden with sickly quotes about how "we're so sorry we never knew it was bad" but I want to respond to this in particular:

    they mistakenly believed they were entitled to download music over the Internet because they had paid $29.99 for software that gives them access to online file-sharing services

    I'm sure there will be plenty of threads here along the lines of: "$29.99 for all you can download... come on.... an "honor roll" student thought that a legit deal?" Please just consider this:

    For $10/mo I just signed up for an RIAA-free emusic account , and in the first 30 minutes downloaded this $230 CD boxed set in MP3 format - free of DRM and ready to play wherever I want. I also snagged all the George Carlin CDs just because they were top downloads, but I'm also having fun perusing their classical music selections.

    While I am hopelessly out of touch with the popular music scene, having not purchased a CD in over three years, I will admit that the stuff on emusic is not the kind of thing I would otherwise have picked up in a CD store. But I am VERY satisfied with what they have.. whatever latent urge I once had to go out and buy a CD has been completely erased.

    So give the girl a break. She may come off as an idiot, but let's not pretend that $29.99 is a lot to pay for a few gigs of zeroes and ones.

    <plug>PS If you have an emusic account please check out my product for a great way to listen to your songs!</plug>

    1. Re:$29.99 by demon · · Score: 5, Insightful

      I'm sure there will be plenty of threads here along the lines of: "$29.99 for all you can download... come on.... an "honor roll" student thought that a legit deal?"

      Honestly, I don't think they really gave it too much thought. I mean, I doubt most non-geek types who do use peer-to-peer file sharing systems give the whole subject more than a passing thought. Though as others have mentioned, I'd be interested to know exactly what kind of volume of music the RIAA claims this 12-year-old girl shared to garner herself one of 200-some-odd lawsuits, supposedly aimed at "top" file-sharers.

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
    2. Re:$29.99 by Fizzlewhiff · · Score: 4, Insightful

      I'm sure there will be plenty of threads here along the lines of: "$29.99 for all you can download... come on.... an "honor roll" student thought that a legit deal?

      We're talking a 12 year old girl who is book smart. That doesn't mean she has common sense. Common sense might make you go "hmmm" but when you can get 12 CD's for just a penny, Kazaa could easily confuse a 12 year old into thinking that she could have unlimited downloads for $29.95.

      I don't think she's stupid. In fact I think most people are unaware that this is an illegal activity, especially if they are paying for a service.

      --

      'Same speed C but faster'
    3. Re:$29.99 by Anonvmous+Coward · · Score: 5, Insightful

      "I don't think she's stupid. In fact I think most people are unaware that this is an illegal activity, especially if they are paying for a service."

      One of the arguments I've made all along is that the RIAA has completely failed to educate people on this topic. You're supposed to know what copyright is and how it works to know you can't do that. Is a 12 year old supposed to know that? Is the average Joe even supposed to know? Maybe. But consider this:

      - Radio is free. Buy a set, or build your own, and you get music.

      - Radio makes money from ad revenue. So radio's not exactly begging you to go buy CDs.

      - A logical conclusion can be drawn that the purpose of buying a CD is the convenience of playing a song whenever you want. Nobody ever though of buying a CD as a license to hear the song!

      - When you rent a movie, it's spelled out for you in that FBI warning what you can and cannot do with a movie. You can't show it publically, for example. (I remember noticing that in grade school on a rainy day when they decided to show us Star Wars.) CD's have no such warning.

      - Computers come with CD-Roms, which are perfect for putting CDs into.

      - Blank Audio CD's are sold as audio CDs.

      One has to ask, how's the general populace supposed to know what's happening here? How're they supposed to know it's 'wrong'? Why did the RIAA wait until it had blown out of proportion to start all this shit?

      If they want my sympathy, they can forget it. At this point, even if they come out with a great MP3 service, I really don't think I can drag myself to get my credit card out. Taking $2,000 from a 12 year old girl who couldn't possibly have known better? And the protestors think Nike is bad?

  3. Wow. by tambo · · Score: 5, Insightful

    Disgusting. Totally and completely disgusting.

    It would be one thing if the RIAA were to settle, such that $2,000 were donated to a charity. Even that would be a pretty low blow. But actually adding the cash from this girl and her mother to their corporate coffers?

    Repeat after me, everyone: I will never buy another CD from the RIAA again. (Since I normally buy about 50 a year, this should even the score on this despicable incident by 2008.)

    David Stein, Esq.

    --
    Computer over. Virus = very yes.
    1. Re:Wow. by eclectro · · Score: 5, Insightful


      Actually what you need to do is buy used CDs -- the RIAA doesn't see a dime from those sales. That way you can have your music and stick your tongue out at the RIAA at the same time.

      I only buy about 1 new CD a year this route -- and that's usually with a cuopon of some sort. I used to be a much bigger spender on new CDs.

      Heh. I'm part of the reason they have seen a decline in new music sales. And I don't pirate music either.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    2. Re:Wow. by paroneayea · · Score: 5, Interesting

      Repeat after me, everyone: I will never buy another CD from the RIAA again.


      This actually isn't such a bad idea. I've been thinking, why not a website that lists independent artists' music only, to let people know of an alternative? See, I don't want to just stop listening to music. But I want to listen to music by artists that aren't under the RIAA. Anyone know of such a site, or have any plans to put one together?
      --
      http://mediagoblin.org/
    3. Re:Wow. by gid · · Score: 4, Informative

      Site that I learned about recently, but have yet to buy anything from em cd baby. Looks to be pretty nice, I listened to some of the samples, but I've been so busy with other junk that I haven't actually decided on what to buy. :)

    4. Re:Wow. by wfrp01 · · Score: 4, Informative

      Yes. Tell your friends. Tell them to tell their friends.

      http://www.magnetbox.com/riaa/

      --

      --Lawrence Lessig for Congress!
    5. Re:Wow. by sould · · Score: 4, Informative
      I've been thinking, why not a website that lists independent artists' music


      Some guy called Michael Crawford has written am article for Kuro5hin called Links to Thousand of Legal Music Downloads.


      Interesting article - also talks about an interesting player concept called irate. It downloads the free tunes for you....

    6. Re:Wow. by Dun+Malg · · Score: 5, Insightful
      despite what some people here might like to think, it is stealing.

      Regardless of what YOU might like to think, it's NOT STEALING. "Stealing" is unlawfully depriving someone of property that was laefully theirs. Copying music is copyright infringement and is covered under totally seperate laws from property theft. "Theft" and "stealing" have a specific meaning and downloading MP3's in violation of copyright law does NOT fit that meaning. Don't bother trying to argue the "lost revenue is the same as stealing money" angle, because THAT'S not true either. Songs are not property, nor is money that you "might have earned". No ifs, ands, or buts, pal.

      --
      If a job's not worth doing, it's not worth doing right.
  4. That was quick by Nick+of+NSTime · · Score: 5, Funny

    It was very kind of our beloved RIAA to reach such an amicable settlement with this 12-year-old girl's mother. Now 50 Cent will surely be able to afford that ivory backscratcher he has had his eye on.

    1. Re:That was quick by 13Echo · · Score: 4, Funny

      Not the ivory backscratcher. He'll be able to buy a new bling-bling chalice for those pimpin' videos.

      In case you didn't notice, the chalice is all the rage in rap videos these days. You aren't pimp unless you have one.

    2. Re:That was quick by MulluskO · · Score: 4, Funny

      50 Cent is not an artist.

      --

      Too busy staying alive... ~ R.A.
  5. PayPal. by grub · · Score: 5, Interesting


    If Brianna set up a PayPal account to take donations I'd gladly throw her and her mom a few bucks to help cover the cost of RIAA's shakedown.

    She might even make a few bucks over the top to buy blank CDRs with. :))

    --
    Trolling is a art,
  6. Too bad this will screw them in the long run by alen · · Score: 5, Insightful

    While I'm against downloading and sharing of music I think that this will really screw the music companies in the long run. One of the first rules of business is not to make your cusotmers your enemy. There is a percentage that only steals and never buys, but a lot of people who download end buying the CD. This may piss them off enough that they may look to other forms of entertainment or look at used CD's.

  7. something doesnt add up by digitalsushi · · Score: 4, Insightful

    Something doesnt add up reading that article. Hey single mom your daughter steals music. Oh, ok. Gee, thought it was ok cause we paid a service fee that let us. Hell, here's two thousand bucks I had kicking around. Hey, my daughter even feels bad about it even.

    I dunno, I just felt like they arent real people after reading this article.

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:something doesnt add up by Darth+Coder · · Score: 4, Interesting
      You might find this interesting then. Earlier today, the following was posted to a popular discussion forum for music industry professionals:

      My source in Manhattan says the kid is a fake. A child actress hired by the RIAA in order to spook other people into fast settlements.
      We're talking about an industry that pays people to call TRL. An industry that hires kids to stand outside the windows of MTV to wave signs about how they are devoted to an unknown act. They are not above faking an out of court settlement in order to make the kids think that this is the easiest thing for them to do.
      --
      The ability to monopolize a planet is insignificant next to the power of the source.
  8. I took action today... by Anonymous Coward · · Score: 5, Insightful

    I donated to www.boycottriaa.com
    I renewed my membership to eff.org
    I committed to not buying music
    And I wrote my representatives

    What did you do today?

    1. Re:I took action today... by lonesome+phreak · · Score: 5, Informative

      You should buy music, just not RIAA. Metropolis Records, who carries Electronic Body Music, Industrial Dance Music, and other amazing types of music, aren't members of the RIAA.

      They have the kind of music you hear in "good" clubs, and on movies. It's a billion times better than top 40 crap.

      A Different Drum Records (http://www.adifferentdrum.com/) for synthpop, Niliaihah Records (http://www.nilaihah.com/) for some other EBM/darkwave...

      There's a ton of other non-RIAA music out there. Go listen to Covenant's song "We Stand Alone" off of "Northern Lights". The Azonic's "Progression" (oh my god can she sing). DeVision "Dinner Without Grace". Some of those are a bit old, but will give you a good taste of what is out there. I haven't listened to the "radio" for music for nearly three years now.

      --
      Maybe we DID take the blue pill. You wouldn't remember anyway.
    2. Re:I took action today... by Guppy06 · · Score: 4, Funny

      "What did you do today?"

      I bumped up the size of my Freenet node space.

  9. Collection of information of children under 13 by pridkett · · Score: 4, Interesting

    Wouldn't they have been able to challenge this lawsuit with a great deal of ease by pointing out that the RIAA illegally collected information about the online habits of someone under 13? If I'm correct the Child Online Protection Act prohibits collection of information about online behavior for those under 13 without parental consent.

    --
    My Slashdot account is old enough to drink...
    1. Re:Collection of information of children under 13 by Mononoke · · Score: 5, Insightful
      Wouldn't they have been able to challenge this lawsuit with a great deal of ease by pointing out that the RIAA illegally collected information about the online habits of someone under 13?
      Yes, but that would have cost much more than $2000 in lawyer fees.

      That's why RIAA will continue to "win" these. They carry the big stick.

      --
      NetInfo connection failed for server 127.0.0.1/local
  10. Bad press by BWJones · · Score: 4, Insightful

    I can't imagine that many artists the RIAA represents are happy with some of the RIAA's behavior. I am sure they are having some of the same reactions that many folks have with Clippy......"Stop trying to help me!!!"

    --
    Visit Jonesblog and say hello.
  11. The RIAA did not settle!!! by Muhammed+al-Sahhaf · · Score: 5, Funny

    Do not believe the lies. The RIAA did not settle. The RIAA has achieved complete victory against the file swaping aggressors. Brianna LaHara martyred herself upon our ranks of lawyers. Our dogs will eat her stomach while our women beat her face with their shoes.

    Sincerely,
    Muhammed Saeed al-Sahhaf
    Minister of Information, RIAA

  12. Re:The RIAA sucks by tambo · · Score: 5, Insightful

    They're trying to scare us.

    That's probably not their goal - well, not their primary goal. Consider this:

    I'm increasingly annoyed about the amount of attention that this whole issue is garnering. Notice how little (OK, none) of the public debate is substantive: whether people should be allowed to download music for listening purposes; whether the interests of media providers outweigh the privacy interests of citizens; whether it's fair to allow the RIAA to charge people $15,000 - or even imprison them, or destroy their computers - in defense of fifty-year-old music tracks. It's just assumed that the RIAA has the right to lash out in order to protect its license to Johnny B. Goode.

    Even incidents like this are to the RIAA's benefit, because it keeps the issue in the public consciousness. The longer it stays there, the stronger the public presumption that they're fundamentally in their rights, that it's OK for the RIAA to take drastic measures. Hell, just look at the typical responses: "What she did was illegal, but..."

    - David Stein

    --
    Computer over. Virus = very yes.
  13. Re:Good to see they let her off easy. by Comsn · · Score: 5, Insightful

    This $2000 slap on the wrist, while barely an inconvenience for the family,

    yes, $2000 for a single mom with two children living in the projects. more like this is all they had in the checking account.

  14. We need the list of songs to embarass the artists by Anonymous Coward · · Score: 5, Insightful

    I'd love to get the list of songs and publish
    which artist 'profited' by suing a 12 year
    kid.

    I bet that would play big with the public.

  15. Who's next? by vitaflo · · Score: 5, Funny

    I'm just waiting for the RIAA to sue some deaf dude. You know it's only a matter of time.

  16. Funny by whereiswaldo · · Score: 4, Interesting

    'I am sorry for what I have done. I love music and don't want to hurt the artists I love.'

    Did they throw in a free brainwashing session? Or was that quote a pre-fab'd one they told her to say?

  17. Consumers unite! by Michael.Forman · · Score: 4, Interesting


    I find it unacceptable that a minor has been bullied into paying $2000 by the RIAA.

    Leaving the analyses to others, I would like to say concisely that in retribution for this behavior, I from this day forward will never again purchase another compact disc. Ever.

    If you would like to demonstrate your disapproval of their harassment and extortion, reply to this message and show your solidarity.

    Michael.

    --
    Linux : Mac :: VW : Mercedes
    1. Re:Consumers unite! by dema · · Score: 4, Interesting

      I wouldn't say "another compact disc" because not ALL CDs created have something to do with the RIAA. I am always glad to purchase CDs at shows from bands themselves. There is no better way to really give back to the music community then helping a band pay for gas to get home (:

    2. Re:Consumers unite! by Mike+Hawk · · Score: 4, Interesting

      I'd just like to point out that your response shows a general lack of understanding of the issue AND actually serves to back up the RIAA's mission.

      From what you just said, it doesn't matter how many people they sue, you have already made up your irrational, vindictive little mind on the issue. I (and they) guess you haven't bought a CD in 3 years nor were likely to for the forseeable future anyway.

      If you actually understood the issue, you would know that:
      1. The RIAA does not represent all artists. This is a problem because they pretend to. Find out which of the bands/artists you like is represented indirectly by the RIAA and stop buying those CD's. Continue to buy CD's from independent bands. I do not download music, but I have bought CD's from my favorite bands online. These are often in the $6-$10 range. If the CD has 15 tracks, thats even better than iTunes.
      2. Your tone and phrasing does not indicate you will stop listening to new music, only that you will stop buying CD's. This casts you in the light of someone who is not about what's right, but is instead about what you can get for free. By doing this you have marginalized yourself, potentially hurting the cause. The RIAA can point to your mentality and explain to people (as I saw them do on TechTV this morning) that because of people like YOU they have to sue. Is that true? Probably not, but by spouting off like this you move yourself to the fringe and drag the rest of us with you ever so slightly.

      Please people, if we want to do something right here, we have to come across as educated adults and not spoiled children. Though I know Mr. Foreman is not in such a position currently, please keep that in mind if you are ever in a position to represent the group. (And bear that in mind when you mod someone like this up.)

      My proposal? A no-CD && no-p2p week. A show of boycott AND good faith. If you stop buying CD's but keep trading songs online, you help the RIAA PR campaign. If you stop both, they can't point to p2p as your only reason for not buying CD's anymore.

  18. Re:Good to see they let her off easy. by softspokenrevolution · · Score: 5, Insightful

    Apparently you don't understand the following words...
    The family lives in a city housing project
    Housing projects are typically not the domain of people who can afford $2000 fines. In many cases that amount of money could pay the bills for a few months, or maybe a month, either way it is an awful lot of money. To say that it is a slap on the wrist and that it is barely an inconvinience for them is to really be sitting up in some sort of ivory tower wholly unaware that there are people in this country where $2,000 is a big deal.

  19. The Best RIAA Quote by asv108 · · Score: 4, Insightful
    Probably the most shocking quote to come out of Cary Sherman's mouth was this:

    Sherman responded that most people don't shoplift because they fear they'll be arrested.

    Maybe I'm a sucker for humanity, but I believe most people don't shoplift because they think it is wrong, not because they will get caught. It's interesting to see that the RIAA has such a low opinion of human nature.

    1. Re:The Best RIAA Quote by Anonymous Coward · · Score: 5, Insightful

      It's interesting to see that the RIAA has such a low opinion of human nature.

      I think there's a strong correlation between the way somebody acts, and the way they think others will act. For instance, I know somebody who is more or less a compulsive liar, and I know people who are honest to a fault. The liar is constantly accusing others of fibbing, whereas the more honest people only do so when there's good reason to. The same applies to a broad spectrum of human behaviour.

      Anyway, I guess the point I am trying to make is that a comment like that isn't so surprising when it comes from an organisation that sneaks in "works for hire" alterations to the law, goes after children, sues college kids for billions of dollars, and generally acts in appalling ways. People who are of a low human nature expect others to be as well. There's no honour among thieves and all that.

    2. Re:The Best RIAA Quote by zakezuke · · Score: 4, Insightful

      I guess I can respond to this being a human, though it's not directly related to shoplifting.

      I've found a number of lost wallets and misc items. My knee jerk responce is to find the owner as it sucks loosing money, credit cards, and misc bits of paper that are required to operate in today's world. Costco is the most common place I find abandoned purses and things, fortunatly these days they have mobile phones in them.

      Later on I think, d'oh could have gotten free cash, perhaps a tank of gas, but the moral responce wins. This isn't a fear of getting caught, it's just doing the cool thing.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    3. Re:The Best RIAA Quote by antiMStroll · · Score: 5, Funny
      It's interesting to see that the RIAA has such a low opinion of human nature.

      Hey, cut them some slack. They spend every work day consorting with record industry types. What do you expect?

    4. Re:The Best RIAA Quote by Overly+Critical+Guy · · Score: 4, Insightful

      Why is this +5 Insightful? It's common sense. Why is Sherman's quote so "shocking?"

      Why do you think so many people download music? They know it's not "technically right." They do it because it's easy, convenient, and they won't be caught.

      --
      "Sufferin' succotash."
  20. Re:The RIAA sucks by Dr+Tall · · Score: 4, Insightful

    They have these rights because they were given them by you.

    Then where do I sign up to take them away?

  21. Embarrass their sorry asses. by Black+Parrot · · Score: 5, Insightful


    > Even incidents like this are to the RIAA's benefit, because it keeps the issue in the public consciousness. The longer it stays there, the stronger the public presumption that they're fundamentally in their rights, that it's OK for the RIAA to take drastic measures.

    Several people have suggested setting up a donation fund for her. If we could get her name and do that, and convince non-Slashdotting music downloaders to do the same, even very modest sums of money would quickly add up to a very large sum, attracting the media's attention: "Geeks Help Poor 12yo Pay RIAA Fine".

    Keep it in the news that the RIAA squeezed $2,000 dollars out of a poor pre-teen who thought she had paid for the service to begin with. If they're going to play PR games, there's no reason people who despise them can't do the same thing.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Embarrass their sorry asses. by enjo13 · · Score: 5, Insightful

      Not to mention that this kid is living in public housing.. The RIA is not only extorting 2,000.. it's $2000 they probably desperately need.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
    2. Re:Embarrass their sorry asses. by HidingMyName · · Score: 4, Insightful
      Where was the EFF in this case?

      They should have offered to go to bat for this family, did they do it? This was their high profile opportunity to challenge the RIAA and challenge them for gathering data on a minor.

    3. Re:Embarrass their sorry asses. by NanoGator · · Score: 4, Interesting

      "Or how about: Shoplift $2000 worth of CDs and burn them on the Capitol's steps. I think that would send a message, and garner huge media time."

      Um no.

      Problem #1: Everybody's being accused of commiting theft as it is. Stealing CD's and burning them, no matter how 'amusing' it'd be, would not do anything but land you in jail. The media would be there to laugh at you.

      Problem #2: You'd be hurting the retailer, not the RIAA. Frankly, I still have sympathy for those guys. I'd be disgusted if they became the victim instead of the RIAA.

      That's the reason I suggested what I did. If the CD is returned unopened, they can still turn around and sell it. But somewhere they'll have a record that says "on this particular day, we had $n returns." If one day a million dollars of music CD's was purchased and then returned, believe me it'd show up on the radar of each of these retailers. Suddenly some recognition can happen. "Here is one million dollars you could have earned."

      This is far more effective than a boycott. If you boycott the RIAA, then they'll claim they lost those sales to piracy.

      --
      "Derp de derp."
    4. Re:Embarrass their sorry asses. by Anonymous Coward · · Score: 4, Interesting

      Hi,
      you could write a letter to

      Recording Industry Association of America
      Frank Creighton
      1020 19th St., NW
      Suite 200
      Washington, D.C. 20036
      Tel: (202) 775-0101
      Fax: (202) 775-7523
      Fax: (202) 775-7253

      (he's the contact person for prosecution of
      violations of intellectual property rights).
      If he's not willing to give you the name and
      address of the girl, ask him to forward your
      donation to her ;-) (this should be embarassing
      enough).

    5. Re:Embarrass their sorry asses. by JackpotMonkey · · Score: 5, Interesting
      Keep it in the news that the RIAA squeezed $2,000 dollars out of a poor pre-teen who thought she had paid for the service to begin with. If they're going to play PR games, there's no reason people who despise them can't do the same thing.
      The web site in question that she paid $29.99 for access to all this "free music" is here. You should really check out their faq page, quite a funny read seeing as how they basically are charging you for a link to kazaa or a kazaa networked app.

      I have heard a few mention a market blackout of all purchases of cds/movies for one month. If this could be acomplished let me sugest the perfect dates for this, It will be probably the most difficult blackout in history to pull off though, if we did we would definately send a message to the music industry, RIAA and everyone else who is listening. December 1 - December 31

      Now lets show the RIAA what a /.'ing Feels like.
      --
      ______ Eagles may fly but monkeys don't get sucked into jet engines.
    6. Re:Embarrass their sorry asses. by Zarkonnen · · Score: 4, Insightful

      Actually, I think it would make sense to make fines proportional to income. A fine ought to deter everybody the same, but a $500 fine is surely a greater deterrent to somebody living on social security than somebody who makes $200k a year. (Hereby I conclude this episode of tangential leftism. Good night.)

    7. Re:Embarrass their sorry asses. by Computer! · · Score: 4, Insightful

      The brat got caught fair and square, just like 260 others. Who cares if she's 12?

      Anyone with a bit of common sense or compassion.

      Regardless of how you feel about the DMCA, it is THE LAW.

      So was slavery. Law != ethics.

      The "Think of the children!" sobbing gets zero sympathy from me.

      Way to be a heartless bastard.

      --
      If you fall off a building, go real limp, because maybe you'll look like a dummy and people will be like hey, free dummy
  22. To the 12 year old girl... by Jerk+City+Troll · · Score: 5, Insightful

    Rest assured, you weren't hurting artists. You were hurting some rich RIAA execuative who likely has billions of dollars to his or her name.

    Imagine if the richest man in the world ordered a poor man to pay him a month's salary because the rich man felt his wealth was in jeopardy. Now, imagine this rich man had an army of slaves doing his bidding, who all work to make him money. Doesn't that sound silly? Well, that's what the RIAA.

    The RIAA effectively takes music from artists and gives them slave wages for their music. When the RIAA takes music from artists, the artists no longer own it.

    Since the RIAA owns the music, there's no way you can hurt the artist by downloading music. Only the RIAA hurts artists. Hopefully, people will keep downloading songs so the RIAA will go away!

    1. Re:To the 12 year old girl... by Spectra72 · · Score: 5, Insightful

      Then why do the artists continue to sign up with the RIAA labels? Are you telling me there is a person on this planet that doesn't know that record companies screw artists? So are they stupid, or what? Even if we grant that new/unknown artists may need (and I'll get into that in a sec.) the RIAA backed labels for exposure, what's the excuse for acts with a successful record or two under their belt? It seems to me, many artists could simply sign a one or two record deal, take the pittance in exchange for some exposure and then set up shop for themselves, independently. Do you think a band like U2 needs their RIAA label to promote themselves now? Why is Phish signed up with Electra? None of these guys have figured out that by dealing directly with their fans, they might do better? Artists are in it for the love of the music right? At least the one's *you* listen to I'm sure.

      And about that exposure thing I mentioned earlier...why do bands need the exposure that the siren-song of the Big Record Label offers? What's wrong with staying small, playing the local clubs, printing a few CDs and Tshirts and basically staying in control? Touching thousands with your music isn't enough, you just have to be on MTv's TRL with Carson Daley? What? It's a Bling Bling world I guess.

      But, if that's what they want...go for it. I don't begrudge them one bit. It's a free country and they can do what they want with their music, even if that includes selling out all control to the Labels. But I won't feel sorry for them when the machine eats them up and spits them out not owning the shirt on their back. Not one bit. There's a lot of people getting screwed in this whole mess, the artists are the last ones I'll shed a tear for. THEY perpetuate this whole thing. Fuck them.

  23. Re:The RIAA sucks by MoOsEb0y · · Score: 5, Insightful

    They have these rights because they donated tons of money to the republican and democratic parties. They bought the congressional votes.

  24. Re:The RIAA sucks by kaltkalt · · Score: 4, Insightful

    That's because the media has no incentive to report on the other side of the issue. The media makes its money through copyright, and they're not about to give anti-copyright people a voice. That would be fair and balanced....

    --

    Stupid people make stupid things profitable.
  25. You don't think she really paid, do you? by pgrote · · Score: 4, Insightful

    $2,000? Come on. She didn't pay one cent.

    Read the quotes in the article and determine if that is what the mom or kid said based on the news reports. What? They all of the sudden started speaking in polished engligh? They suddenly saw the light after vowing to fight?

    What I think happened here is that the RIAA swooped in and offered them a deal. More than likely they pushed the money to her somehow and it came back. Nice and neat. That's only my opinion without any facts.

    This is too nice and neat. Think about it for a minute and consider the chance of this actually happening. Notice there hasn't been any press releases about other settlements.

    The RIAA is going too far in trying to protect and aging and useless distribution method.

    1. Re: You don't think she really paid, do you? by Black+Parrot · · Score: 4, Interesting


      > $2,000? Come on. She didn't pay one cent.

      > Read the quotes in the article and determine if that is what the mom or kid said based on the news reports. What? They all of the sudden started speaking in polished engligh? They suddenly saw the light after vowing to fight?

      > What I think happened here is that the RIAA swooped in and offered them a deal. More than likely they pushed the money to her somehow and it came back. Nice and neat. That's only my opinion without any facts.

      All the more reason to send her money. Think of the karma obtainable by embarrassing them over a non-existent situation!

      I don't care if I send her ten bucks she doesn't deserve, if the media picks up on it and runs a heart-warming story about how a bunch of geeks came to the aid of a poor kid being abused by a big bully trade organization. If anyone pipes up and blows the true story, all the better.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re: You don't think she really paid, do you? by Anonymous Coward · · Score: 5, Funny

      They all of the sudden started speaking in polished engligh?

      Polished what?

    3. Re:You don't think she really paid, do you? by cappadocius · · Score: 4, Funny
      What I think happened here is that the RIAA swooped in and offered them a deal. More than likely they pushed the money to her somehow and it came back. Nice and neat. That's only my opinion without any facts.

      But why? To prevent looking like a bully? They still do. If they really wanted to avoid a PR problem why not simply not sue her?

      Just because they get the subpoena doesn't mean they have to follow up on it.

      Mark my words, one of these days one of those subpoenas will find a lawmaker's kid on the other end, and the RIAA will run away from that court room as fast as they can.

      --

      omnia tua castra sunt nobis

  26. Re:The RIAA sucks by WhiteKnight07 · · Score: 5, Funny

    At either the voter registration office or your local gun range. Depending on how much patience and faith in the system you have.

    --


    We're going to make information free Mr. Anderson, whether you like it, or not.
  27. What sort of legal precedence does this set? by Dukeofshadows · · Score: 4, Insightful

    I'm not a lawyer but given that most of our nation acts on "precedence" do the "confessions" of the defendants named in the lawsuits give the RIAA some sort of legal precedence? Y'know, in case someone actually decides to resist their claims? Given that most (all?) of the defendats we have heard form so far have admitted guilt in writing in exchange for a light fine, does this mena maybe they are building up to something larger ot just playing the media game and getting people to settle via legal muscle instead of taking ludicrous claims to trial?

    Oddly enough, this reminds me of Microsoft's old buisness tactics of muscling out other computer software companies...

    --
    As long as there is a Second Amendment, there will always be a First Amendment.
  28. Re:The RIAA sucks by arth1 · · Score: 4, Insightful

    Even incidents like this are to the RIAA's benefit, because it keeps the issue in the public consciousness. The longer it stays there, the stronger the public presumption that they're fundamentally in their rights, that it's OK for the RIAA to take drastic measures. Hell, just look at the typical responses: "What she did was illegal, but..."


    I beg to differ. This doesn't endear them in any way. They can't scare people into buying their music, only to not copying it. That doesn't make them any money -- only buying does that.

    What the record companies need to do is embrace the new technology, and get rid of the dead meat that can't follow the times (i.e. RIAA). There's multiple ways that the record companies can take advantage of P2P file trading, they just have to blink a few times first and stop holding on to old ways.

    How? One such way could be to seed the P2P engines with music files with more than one song in the MPEG-1 container -- the first one being an MP3 (MPEG-1 layer 3) in low quality like 32kbps, allowing people to listen as much as they like, and the second part of the file being a locked high quality version of the same song, requiring unlocking. $0.50 per song per device doesn't sound unreasonable -- that's cheaper than the current $.99 for those who only wants to listen to the song on one device and the same price for those who wants to put it on more than one device.
    I am certain that many people would welcome and embrace a system like this, where files can be distributed freely, and you can listen before you buy, but only get bad FM quality unless you pay. People with no money, like kids, would be happy that they could listen to music for FREE, while asking their parents to unlock the songs they want. Others can listen to a great variety of music and find something they like, without spending hours in the record store with headsets.
    Good musicians would benefit, as they can find their way to the market without massive advertising. Record companies would get more surprise hits, and broaden their offering without spending fortunes on physical distribution. Releases would be time coordinated across the world. BUT -- it requires new thinking and embracing the new technology instead of fighting it.

    Right now, people loathe the scare tactics of RIAA and the record companies behind. CD sales go down, not up. For a very good reason. Like I said before, you can't scare people into BUYING, just into not copying. And that won't make them a dime.

    Regards,
    --
    *Art
  29. Re:The RIAA sucks by BrynM · · Score: 4, Informative

    Listen to more NPR and watch less FOX/CNN/ETC. NPR has had balanced coverage and entire shows dedicated to this very subject over the last four years.

    --
    US Democracy:The best person for the job (among These pre-selected choices...)
  30. The library ... by pgrote · · Score: 4, Informative

    ... is also a good way to find new music as well. It's a protected right ... for now.

  31. Simple Solution by Chromodromic · · Score: 5, Insightful

    I'm never buying another RIAA-backed CD again. Period. That simple.

    I'm a musician. I gig, I play music every day, I record music and I already own a large collection of CDs. Quite honestly, I haven't heard anything in pop music come out in the last five years, besides a very precious few artists, that I've thought was worth the $18 anyway. So it's no big loss to me.

    If a new musician comes along whose music I feel I must have, I'll either purchase a CD with a friend and share ownership or I'll employ any of a number of methods available to me to get the music on my hard drive. But since most new music has been utter crap, and it's so rare that I ever hear anything that makes me feel I absolutely must have it at my fingertips, I don't expect this is going to be a big problem for me.

    But I do have a big problem with giving another single dime to an industry that fines 12-year-olds in housing projects $2,000 for gay-for-display Britney Spears and nursery rhymes. It's comical, but it's also bullshit, and having been involved with the music industry before I can honestly say it's right in line with their standard operating procedure.

    The normal recording contract is roughly 40-60 pages long. By contrast, a typical book publishing contract is 4-12 pages. Typical recording contracts tie up artists for advances, deny artists royalties on new technology media, and itemize costs well into the future of the artists career. The record industry operates like the mafia. So as far as I'm concerned, they can go straight to hell.

    Yeah, I'll bet they settled in a day. Because the Brianna story was like the world walking in on the Devil raping a kid, so the RIAA tried to turn it into a finger wagging story.

    They suck. I wish them all, to the last of them, the absolutely very worst things in life. Fuck 'em.

    --
    Chr0m0Dr0m!C
  32. Music Makes Little Girls Cry by _aa_ · · Score: 4, Interesting

    Behold! Justice in action!

    Now Puff Daddy can put a third playstation in his Escalade and this little girl's dreams of attending college are shattered.

    Oh "recording artists".. or as I prefer to call you, product designers, this is what your representatives are doing in your name.

    Next time you get a check in the mail, I hope you think about this little girl. The next time you sign a contract, I hope you see that girl, along with all the college students and other individuals, whose futures are ruined, because they loved your music.

    And the next time you call yourself an "artist", I want you to remember that art is for everyone and is priceless. You're worth $15.

  33. I'm ready for them. by nolife · · Score: 5, Funny

    I just downloaded the Fox in Socks mp3...

    If they come after me they are in for one hell of a tweetle beetle puddle paddle battle.

    --
    Bad boys rape our young girls but Violet gives willingly.
  34. 261 top downloaders? by YrWrstNtmr · · Score: 4, Insightful

    And a 12 year old girl is one of those?

    Granted, 12 year olds, especially girls, may listen to a lot of music. But I find it quite improbable that she could be among the top 0.0006%, once you look at all the college kids and 20 somethings, with far more free time on their hands, and far more varied music interests.

    I'll bet even among the small community of /., she would not even in the top 2/3.

    More likely some backroom fool just shotgunned at random.

    1. Re:261 top downloaders? by BrynM · · Score: 4, Insightful
      Of course it's due to that extra 100GB hard disk she installed. The motherboard she had was only the dual IDE variety, so she grabbed one of those with the Promise IDE RAID chips on it and set herself up for maximum throughput with the duplicate drive. Saturate that DSL line little girl!

      Seriously, I think you just struck on what will now be my leading comment when telling people about this. I personally think the RIAA is just going for the first ones they could find. It's still a really wild internet out there and the actual users within their grasp is probably a lot smaller than they are letting on. Thanks for that spark of deduction.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  35. Re:Good to see they let her off easy. by MunchMunch · · Score: 4, Insightful
    And the filthiest fact about this fiasco is that the RIAA was in such a position of power, I have very little doubt little Brianna's soundbitable quote about "not hurting the artists I love" was a term of the 'generously' reduced $2,000 settlement (which is of course probably all they could pay anyways).

    Obviously they've tried to turn their own prosecution of a little girl into a morality story, where she learns the wrong of her actions, and the victorious and righteous RIAA benevolently show mercy to the poor wayward lamb by reducing billions in punitive damages (losses that they've already theoretically suffered!) to a scanty $2,000. Punishing her is bad enough, but the fact that they are punishing her and making her advocate their zealous position is the most disgusting fact of all.

  36. Re:The RIAA sucks, Yup, and here's what I think by DumbSwede · · Score: 5, Insightful
    A few of thoughts here:

    Don't feel sorry for this 12 year old. I'm sure people will be sending money to this family on the margins soon, probably much more than $2000. Don't get me wrong, I think they should, and I'll be sending a check for a few bucks when I know an address to send it to. DO feel sorry the six or seventh child they do this to, because they won't have the celebrity of being first that will lead to being bailed out.

    I moonlight at a club that plays a lot of live music. Musicians can make a fine living playing live music (or for those who can only make good music in a studio, autograph signings or TV appearances Lip Syncing their hits (ala Britney Spears)). What is the great good done for society having its citizens to spend a huge percentage of their income on music and movies, making a few artists, and more importantly Mega-Media houses, obscenely wealthy? How much better could that money be spent on average? Life without art would be impoverished, but giving recorded music away for free would not end music, nor leave our lives impoverished, nor would all artists starve.

    How about sponsoring music you like? How about shareware music? Same for movies. If Spielberg had a list of projects he might produce, given the financial incentive, I would donate to see the project I like produced, then distributed to patrons first who have sponsored it, then offered cheap to non-patrons. Maybe even getting some money back, if the project does really well outside the original patronage. How about $1 HDTV movies over the internet, with a suggested $1-$5 donation per viewer, if they feel they liked what they see? Only quality (OK popular) movies make money past production cost.

    I'm all for compensating people fairly for their intellectual property, but I would hardly call most music "intellectual." Granted that's a judgement call, but think of all the scientists and engineers who produce the technology that keeps the 6 billion people on this planet alive, and yet stringing 4 minutes of words together, is what possibly earns somebody millions. Granted not many win that 4 minute lottery, but it does happen, and far more often than the engineer or medical researcher who works his whole life on life saving project gets well compensated. You spoiled-whinny-self-important artists Grow Up, and see what's really important in life. Quit robbing from the poor to give to the rich.

    BTW,. Where do I send the check?

  37. Re:The RIAA sucks by tambo · · Score: 5, Insightful

    Ah... how I wish consumers acted as rationally as this.

    Do you know what consumers see? They see "Britney Spears CD, $12" and they buy it. They see nothing of the underlying struggle of fair-use rights vs. corporate gluttony, of technology vs. copyright. They will eagerly support a monopoly without care if it keeps feeding them their boy-band fix. Their collective attention span is pitifully short and easily distracted. Just try getting the masses to boycott. The public, in short, is all talk.

    Your mother doesn't want to know what copyright is all about; she just wants that new Yanni CD. Your little brother doesn't care that he's feeding a monopoly by buying that 50 Cent CD, and your sister doesn't give a damn that buying the new Justin Timberlake disc is feeding the RIAA's legal-enforcement hit squad. They don't care. They just want their music.

    We understand the issues in this struggle, but we are a small minority. You must come to grips with this regrettable fact.

    That is why Star Wars is still not on DVD, despite our petition. And that is why the RIAAs don't see the world as we do, and act as we think would be in their best interests. Indeed, if they stopped selling CDs tomorrow and shifted to an online-downloading-per-subscription scheme - even one that's eminently fair and consumer-friendly - you know what the biggest public statement would be? "I don't want to use that Internet thing for music! Where are my CDs?"

    (Amazingly, even economists are now coming to grips with the fact that they've overestimated consumer rationalism. The models that they built on such assumptions don't seem to reflect reality... and the hot new trend in economics research is consumer irrationalism. This is not a troll comment - it's an observation by my stepfather, who is a macroeconomist at a local university. This, by the way is good news: I'm hoping that it's the start of a revolution in economic thinking - that consumers can't protect themselves from market consolidation and monopoly abuse... which is why America now has. like, two competitors in every profitable market.)

    - David Stein

    --
    Computer over. Virus = very yes.
  38. RIAA View Of Humanity by mboedick · · Score: 4, Insightful
    Sherman responded that most people don't shoplift because they fear they'll be arrested.

    The RIAA views the average person (customer) as a morally bankrupt thief who will steal at every opportunity, unless they are constantly subjected to campaigns of fear and shame.

    Offensive. Not that the RIAA hasn't already earned my lifetime contempt and made it my mission to make sure no one in their cartel ever sees another dime of my money. Then again what is a few dollars in lost music sales when you can shake down single moms and 12-year-olds for thousands.

  39. Re:The RIAA sucks by hankaholic · · Score: 5, Interesting

    Even worse, popular media never brings up the idea that copyright protection extending 70 years past the creator's death just might be a little more than needed to fulfill the original purpose of copyright -- encouraging creators to share their work.

    I'd love to see Tom Brokaw discussing the idea that copyright in this country was permitted only because it was feared that the public domain might never benefit from somebody's efforts.

    That's the story you never see in popular media. People assume that because something is illegal, it should not be legal. I'd love to see a large consumer group form with the goal of copyright reform -- that would be an organization to which I'd gladly donate money which is currently not being spent on overpriced CDs, and I'd encourage others to do the same.

    I'd like to see a website provide a mechanism for meeting and discussing issues with an easy method of donation. Hell, it'd even be a great way for Slashdot to convince more people to join -- perhaps they should donate 50% of membership fees to one or more OSS or consumer-advocacy group which you could select from a list. It'd be a great way to encourage membership ("Pay for Slashdot, support a worthy cause!"), and it would provide exposure to groups which could do great things with a little more funding.

    Mmmkay, time for bed.

    --
    Somebody get that guy an ambulance!
  40. question -- mod me up so we can get an answer by the-build-chicken · · Score: 4, Insightful

    How is the RIAA getting the information...I mean technically.

    I read about how they release a subpoena on 'x' who downloaded 'y' songs. Now, what I want to know, is, apart from having a packet sniffer in sharman networks, how can they know what you download. Sure, they can interrogate your ports, if they've reverse engineered the fasttrack protocol then they can maybe list your songs...but how do they know how much your downloading, and how do they know that those songs are even music...they could be someone just f$#@ing with them. And finally, I thought the fasttrack network operated on a PKI set up, with the heads of the network holding the keys. If so, how the hell are they even interrogating your system unless their also liscencing the keys...in which case, they would have to get them from the same guys that give you kazaa.

    If anyone can shed some light on this it would be greatly appreciated

    1. Re:question -- mod me up so we can get an answer by DeepRedux · · Score: 4, Informative
      I think that the RIAA is targeting sharing, not downloading. A P2P program, like Kazaa, can automatically put downloaded songs into the share directory. So somebody can be sharing files and not realize it. That may have happened with the kid in this story.

      The RIAA can find sharers by just using Kazaa, etc., as a client and searching for things to download. When they find a something they download it and note the IP address of the server. With the IP address and the time, they can get the users name from their ISP.

      If the RIAA wants to prepare a possible court case, and not just fire-and forget some cease-and-desist letters, they would want to actually download some songs and compare them to the real CD versions. They only need to download and check a handful for each user, not all that a user is sharing. It would not cost a lot to use some low paid assistants to check songs using a fast forward playback.

      I do not think it is possible to hide the address of a server from a client when they are connected by TCP. Only the packet header information is needed, not the packet body. Encrypting a link does not had its IP address.

      If they wanted to go after downloaders, the obvious solution is to setup their own servers and see who downloads. There may be some legal issues doing this.

  41. They should all be ashamed of themselves. by dolo666 · · Score: 4, Insightful

    Fining a poor single mother $2000 USD, sets a pretty good example for the rest of us heathens, right? Wrong. It just makes me angry.

    What a terrible thing for such a big company to do!

    I think we should all boycott any band affiliated with the RIAA until the RIAA agrees to pay the child's way through the college of her choice. A nice set of CDs from her favourite artists would be an added touch, too.

    She's poor and they're picking on her!

    The RIAA is just a nasty group of miscreants that I would love to see vanish from history as a failed example of another misuse of economic power.

  42. Re:The RIAA sucks, Yup, and here's what I think by darkewolf · · Score: 5, Interesting

    Fan sponsored music does work.

    One of my all time favourite bands Einstuerzende Neubauten recently (well in the last year) launched a project asking for funding for a new album (its production costs and so forth.).

    The project Neubauten offered fans the option of sponsoring them. In turn you got access to video feeds of production and other performances. An exclusive CD, sponsor discounts in upcoming tours (yay!) and access to old and rare material as well as a double CD live album free to download.

    They got over twice as much sponsorship as they expected. And as a result are doing phase two (another album and a DVD upon sponsorship).

    It can work. New means of artistic creation does work. One doesnt need to be tied to the old systems.

    --
    "That is not dead which can eternal lie...."
    Nimheil
  43. Re:The RIAA sucks by Sj0 · · Score: 4, Insightful

    I dunno. I was thinking about this. I asked myself why it was right that I didn't care that people were downloading music, but computers getting hacked and people being sued for millions of dollars(settling for thousands) is so hard for me. I realized that the truth is, the RIAA is ruining peoples lives. Like something out of a nightmare best left in Soviet Russia, the RIAA is indiscriminately cutting people down for a crime most sane people would put on par with jay walking. These lives don't deserve to be ruined for personal non-commerical infringement.

    --
    It's been a long time.
  44. Allow me to translate . . . by CleverNickName · · Score: 5, Funny
    For everyone who is shocked to hear such eloquence from a 12 year-old, and rightfully doubts the veracity of her statements, allow me translate her quote back into the original vernacular.

    IM SORY FOR WUT I HAEV DONE!!!1!111 OMG LOL I LOVA MUSIC AND DONT WANT 2 HURT TEH ARTISTS I LOVE1!!!!!! WTF
  45. Age of Majority / Criminal or Civil / Fair Use? by SCUBA+Instructor · · Score: 4, Interesting

    Is her attorney incompetent or does she even have one? If what she did was criminal, she would be in juvenile detention. If it is civil, as we're told, then she hasn't reached her age of majority. She cannot enter into an implied contract, or has contract law changed to include minors? Why didn't her attorney argue this?

    Furthermore, since she hasn't reached her age of majority, why can't her agreement to pay the RIAA be declared non-binding? If her Mom entered into a contractual agreement to pay the RIAA as a result of intimidation, why can't her attorney get that set aside or whatever?

    Did RIAA enter the dwelling with or without a search warrant, and stand there and watch her download the files? If not, then what is the evidence or how is the evidence substiantiated? Why didn't her attorney argue this point? Oh, are RIAA employees duly sworn and deputized to perform law enforcement? If so, then why the lawsuit in lieu of handcuffs?

    If the downloaded files are to be used under the provision of the Fair Use Clause of the copyright law, then why doesn't her attorney let it go to trial and (after arguing age of majority) argue fair use? Given her age, would such a civil case even go to trial?

  46. Re:Sharing vs downloading by BrynM · · Score: 4, Insightful
    Ignorace of the law has never been a defense. It is the responsibility of each citizen (in pretty much any country) to determine whether a course of action is legal or not.
    In most states here in the US, this only really applies to adults in practice. A judge can throw out most juvinile cases if he/she thinks the child learning the lesson that an action was a crime is enough punishment. This is one of the reasons that juvinile courts are seperate from adult courts and is the theory behind being "tried as an adult".
    --
    US Democracy:The best person for the job (among These pre-selected choices...)
  47. No Precendent, just Encouragement: Liberty Lament by RafeDawg · · Score: 4, Insightful
    The settlement was reached before the case went to court. Since it was negotiated between two private parties without the involvement of a court, the settlement sets no legal precedent. Our legal system could be easily abused if this were not the case :-J


    The effects of this settlement will be to simultaneously make the RIAA more bold and to weaken the resolve of its victims. The RIAA will be encouraged by this case because it escaped the potential public relations disaster of having to press a lawsuit against a 12-year-old from the projects. It not only got the story to go away, it also got the family to repent, thereby encouraging others who have strayed from the path of Righteous Consumerism to return to the flock. Today has made the RIAA more confident of its ability to bully its own customers, and it will be more aggressive with its litigation campaign as a result.


    This is a significant defeat for the opponents of the RIAA. They allowed the RIAA to turn a public relations disaster into a minor victory, and it happened simply because RIAA lawyers got the family to settle before EFF lawyers got her to fight. This war over electronic property rights is primarily a war of public opinion. The RIAA does not hope to stop file-sharing by directly suing every file-sharer. The purpose of these lawsuits is to marginalize file-sharing in the cultural consciousness as "piracy," to make it a fad just like M.C. Hammer or the Boy Band du jour. Had the EFF gotten the family to aggressively contest the case, they could have inflicted heaps of public relations damage on the RIAA. Their failure to take advantage of this opportunity is a considerable setback.

    --
    ------- Was it just a coincidence I got moderator points the first time I logged on to /. from linux?
  48. Justifying theft by BlueBiker · · Score: 4, Interesting

    I don't understand the overwhelming sympathy for those who steal, 12yr old or otherwise. If you were mugged by 50,000,000 mostly teenagers, would you say "aw, stop picking on the kids" ?

    Aren't many of you /.ers also software developers like me? If I choose to release an open source project for anybody to use, that's fine. But if I make my living writing code -- or performing music -- then why is it acceptable for people to take my product w/o compensating me?

    Does theft suddenly become acceptable when it's done on a massive scale? Would you support a company protecting its rights if there were only dozens of thieves instead of scores of millions?

    The other argument of "RIAA is evil, therefore committing crimes against them is okay" doesn't wash either. These aren't victimless offenses, the money has to be coming out of somebody's pocket. If CDs are too expensive, then don't buy them. I don't claim the right to steal an SVT Cobra just because the $35k list price is too expensive.

    IMHO, RIAA and other music associations should enforce their rights and are obligated to do so for their stockholders. Dunno of any practical way for them to ensure they pursue only unsympathetic defendants. Seems to make sense for them to ease into it, have a little consideration when negotiating with naive downloaders, gather as much publicity as possible so that music listeners in the future will understand that stealing music is wrong.

    BTW, I have an adult friend who insists it's perfectly legal to make copies of her CDs as long as she only gives them to friends. The only way such attitudes will change is when people are prosecuted for it.

  49. Re:I think you by Dun+Malg · · Score: 4, Informative
    It's theft. It's sad that it took the RIAA prosecuting people to wake up the mass market to the facts even after years of telling people it was theft.

    Regardless of what YOU might like to think, it's NOT THEFT. "Theft" is unlawfully depriving someone of property that was lawfully theirs. Copying music is copyright infringement and is covered under totally seperate laws from property theft. "Theft" and "stealing" have a specific meaning and downloading MP3's in violation of copyright law does NOT fit that meaning. Don't bother trying to argue the "lost revenue is the same as stealing money" angle, because THAT'S not true either. Songs are not property, nor is money that you "might have earned". No ifs, ands, or buts, pal. You can argue that it's "as bad as theft" all day if you want and I won't care, but claiming copyright infringement is the same as theft is moronic. This stuff is all defined by law, and by law copyright infringement is NOT THEFT. What don't you understand about that?

    --
    If a job's not worth doing, it's not worth doing right.
  50. Re:The RIAA sucks by Ying+Hu · · Score: 4, Insightful

    Give ME a fucking break. Most people think getting slapped with a law-suit ruins their life for at least a little while.

    What IT do YOU wish to protect, because that sounds like a motivation for your position. Who are you defending with this statement? The RIAA, who have been convicted of price-fixing (definitely against the law), who are famous for gouging their artists, who are buying our congresspeople and suing 12-year olds, and yes, college geeks?

    The core of your comment is dead-wrong on two, albeit to some eyes, subtle, counts. The RIAA are NOT the creators of this music, they are the marketers. Since when do you defend salesmen? Second, no one, not even those admired artists, creates in a vacuum. They live in the same social milieu, the same web of relationships, the same ocean of memes of all sorts, as every other human member of our social species. Your statement is not really wrong, but it is entirely incomplete, and this issue is not black and white. Even property, under the law, even in America, is not sacrosanct, though it may seem sometimes like it is. Government and society have the legal power to override the rights of property owners for a variety of reasons. Copyright was never meant to be even that strong. It was supposed to promote an incentive to create, not stifle it, and now there is an equally important reason - while you're busy defending the 'rights' of any copyright owner to do anything he or she wants in order to 'protect' that "copy"right, what happens to civil liberties, freedoms, privacies, ability to resist coercion in a number of open and subtle ways, adherence to ideals of honest day's work for honest dollar (instead of the older definition of piracy, or highway robbery), and on and on? I happen to think quite a few of those are more important than absolute copy"right", especially for a bunch of parasites like the RIAA.

  51. Better late than never: emusic = RIAA and blows by dpille · · Score: 4, Informative

    For $10/mo I just signed up for an RIAA-free emusic account

    Um, no. Vivendi Universal, owner of emusic, also owns Universal Records, an RIAA member. In fact, the first label I recognized on that RIAA membership roster, 4AD, also appears on emusic. For that matter, the label for the box set you mention downloading is also an RIAA member. You may not be landing as much cash in their pockets, but it's not "RIAA-free" by any means.

    To add my own rant, I should mention that emusic is the only company that has ever flatly stolen my money. (Partial details here if you're interested.) As much as I liked the service for 3 days, I'd say you should be wary of these guys. The Better Business Bureau record on emusic pretty well supports this point, but (to my mind) it doesn't really emphasize the point enough.

    1. Re:Better late than never: emusic = RIAA and blows by Wordplay · · Score: 4, Insightful

      Jesus Christ, man. You took a feedbag to the all-you-can-eat buffet, and pitched a fit when they decided to only let you take one plate of food at a time. 1800 files in how many days? You had to have been running an automatic downloader.

      I mean, I sympathize to an extent, but if the contract doesn't mention the method of download, you're not covered one way or the other. Your ad absurdum argument re: spyware, etc., on the download service doesn't really apply. If you'd made an argument about the service being Windows-dependent (if the DM's ActiveX or a Windows executable), that may have had some wings. However, as it is, I think that the customer service team at emusic was being rather patient with you.

  52. Re:The RIAA sucks by 0111+1110 · · Score: 4, Insightful

    but don't rationalize your petty criminal behavior.

    You mean civil behavior don't you? After all, none of these people are being accused of even as much as shoplifting. It's more along the lines of making unauthorized copies of a library book and leaving them on your front steps on a busy city street where anyone can pick up a copy. It's just copyright infringement. The point is, illegal or not, the punishments are absurdly out of proportion to the acts (at least to anyone not on the RIAA payroll).

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  53. Sympathy aside... by Viceice · · Score: 4, Interesting

    How many people get the feeling that the whole thing was orchestrated by the RIAA and this little girl is going to get a very big check a few months down the road when this all dies off?

    Think about it. Public outrage aside, the way this thing ended was very calculated. If they had in fact "Accidentally" sued her, they would have simply dropped the charges, as would be the PR thing to do to quickly clean up a mess

    But instead, this girl whose family is living in the projects is instead going to pony up $2000 and still say good things about the RIAA?

    Plus, with the way this ended, it gives the RIAA and additional "Fear Factor" where it will get folks who don't have a clue in them to say to themselves "If they will even stoop to squeezing out 2 grand of a lil' ol' girl, what chance do I stand?"

    I smell a Rat.

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  54. Re:Oh please. by rob_benson · · Score: 5, Insightful

    I am dazzled by the lack of knowledge by "Jerry" (1) The child did not know she was stealing. A website fooled her into thinking she was downloading these songs legally. This is akin to someone setting up a fake checkout in a store. Who would be prosecuted in that case? I would imagine in any court in the land would prosecute the person who put up the fake checkout. She had no intent to break the law, and the website in question had intent to mislead her. (2) In Jerry's opinion appearently there should be an income limit for owning computers. Tell me, how musch should one make before they are "allowed" a computer? How much did this computer cost? Thrift shops regularly sell 300mhz machines for around $100.00 in my area. Is it O.K. for a poor person to spend $100.00 on something that her child will need to gain job skills in the future? Or should poor kids just play with sticks and Boxes? (3)This I find in particularly poor taste: The assumtion that public housing families are all on crack. Sorry buddy, not every poor person is on crack, just like not every rich person is a thief. (4) Finally, how do you know the mother doesn't have a job? The vast majority of assistance recipients do work. (5) Corporate welfare costs American taxpayers 8-10 times more than poor person welfare. Whos robbing us taxpayers? Poor people who NEED the money, or Rich people who use it to eek out another few million? Maybe Jerry should spend some time in the real world instead of in his insulated lifestyle. The American public should be outraged by what the RIAA has done to this family, and I for one willk not buy one more CD until they give this family back their money and issue an apology. I agree that musicians have a right to protect their creative properties, and that companies have the right to make money from products they produce. But the fact is that the record industry is a Dinosaur wallowing in a mud pit. They need to make a product that the public wants to buy instead of using litigation to attempt to make income.