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What The RIAA Gets Out Of File Sharing

ChrisPaget writes "Wired have a fascinating article about a company called BigChampagne which sells regional P2P download statistics to most of the major record labels. When the labels know what people are downloading, they know what to put on the radio, and sales in the area increase. The record industry's lawsuits against file- sharing companies hang on their assertion that the programs have no use other than to help infringe copyrights. If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance."

555 comments

  1. What I get out of file sharing by Anonymous Coward · · Score: 4, Funny

    files.

    to share.

    1. Re:What I get out of file sharing by Anonymous Coward · · Score: 0, Funny

      So...how does one obtain these stats?
      what method do all your stats are belong to us?
      R_U_tru3?
      Tell All!!!!

    2. Re:What I get out of file sharing by Anonymous Coward · · Score: 5, Insightful

      Here's the kicker. Of course there is the classic, "What if I take a cd and make a copy for a friend?" argument. Well, that doesn't necessarily apply to file sharing. Think of it this way. What if I take and spend my own money and gave out 10,000 copies to people standing on the street? Do you know what that is called? It's called MARKETING and it didn't even happen at the expense of the artist or the recording label.

      The RIAA should recognize file sharing as a medium for marketing. People who normally wouldn't listen to an album, may download it, like and then buy it. Even if that person doesn't buy it, chances are that they will tell someone about it and that person might buy it. It has a cascading effect.

      I think file sharing has more positives than negatives. Rather than combating it, the RIAA should see it as a way of life and take advantage of it. The RIAA should use file sharing's own strengths for it's own advantages.

    3. Re:What I get out of file sharing by pi+radians · · Score: 0

      The RIAA should recognize file sharing as a medium for marketing. People who normally wouldn't listen to an album, may download it, like and then buy it.

      Why would they buy it if they already have a copy of it?

      --

      sin(6cos(r)+5A)
    4. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      >> Why would they buy it if they already have a
      >> copy of it?

      To own it, contribute to the artist...

      I used to do that, but will no longer help to fund the RIAA, I still buy indies though..

    5. Re:What I get out of file sharing by CrudPuppy · · Score: 5, Insightful

      without advocating piracy, I'd like to point out a few facts about downloading music: (these points do NOT apply to assholes that sell pirated music in bulk)

      -not unlike the whole "if a tree falls in the middle of the forest, does it make a sound?" argument, it is impossible to *harm* an artist or label by downloading and listening to a song you would never consider buying in the first place. however, you are most definitely harming the artist/label by downloading the new album put out by your favorite band that you would buy if it were not for your ability to download said album.

      -The labels, while carrying on about harm to artists, demostrate very little care towards the artists. if the label cared more, they would certainly be paying artists a more appropriate royalty per cd. from everything I know, *normal* artists make anywhere from $0.01 to $0.10 per cd. this obviously doesnt apply to self-published artists and superstar artists who have long since passed their first contract.

      -The artists have historically been unable to fill an entire album with decent material. There isnt a single person out there that hasnt bought a cd after hearing a song or two and found the rest to be crap. this really lends itself to people wanting to hear more than the current radio single before forking out $20 for a cd.

      -there are people who dont feel obligated to pay for another copy of a cd that was stolen from them, or for that cassette they purchased 10 years ago. if you paid the price for an album once, why in the world should you pay it again? we know it's not media costs!!

      just things to think about...

      --
      A year spent in artificial intelligence is enough to make one believe in God.
    6. Re:What I get out of file sharing by milkman_matt · · Score: 2
      Why would they buy it if they already have a copy of it?

      They may be an audiophile who hates the low quality of some of the songs you can download.. I've got a great system in my house and my truck, I can tell a big difference between a shitty mp3, a good mp3, and a CD.

      Supporting your favorite bands/artists? There's certain bands that i've always bought their CDs and will continue to buy them and support the artist.

      Also i've got more than a few CDs which have been scratched beyond recognition, so i'll download those. Unless the record labels are goin to let me trade them in for new copies, which i'd file under 'not bloody likely'

      -matt

    7. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      cite some examples please. i don't believe you.

      I know for a fact that, in her heyday, Toni Braxton was making approx $0.03 per album sold. no surprise she filed bankruptcy.

      maybe Toni is the worst negotiator in the world, but I havent heard of any first-contract artists making more than $0.10 per album sold.

    8. Re:What I get out of file sharing by MindStalker · · Score: 2, Funny

      No... By artist the poster meant "con artist" at the Label.

    9. Re:What I get out of file sharing by Anonymous Coward · · Score: 1, Interesting
      The problem is that you do not have the right to force someone else to market their music they way you want them to, or at all. Oversaturating the market with your music can be a bad thing. You might not *want* your music to be available at some particular time, or in some particular place, and if you can't imagine why, you don't know the first thing about marketing.

      Artificial scarcity is sometimes the only way that a publisher can justify a quality release. This ultimately gives the consumer a better product. Consider the new Eraserhead DVD; before it, there was nothing but an out-of-print pan-and-scan VHS release. People were willing to pay $90 for a used copy on eBay. In this climate, and arguable ONLY in this climate, David Lynch could justify putting so much time, care, and money into the new DVD. He would not have been able to recoup his investment if the scarcity did not exist.

    10. Re:What I get out of file sharing by Anonymous Coward · · Score: 0
      it is impossible to *harm* an artist or label by downloading and listening to a song you would never consider buying in the first place.
      It is possible if you proceed to share that song to others after you've downloaded it. Maybe *you* wouldn't have bought the album, but some of them might have.
    11. Re:What I get out of file sharing by Anonymous Coward · · Score: 1, Insightful

      I found a decent link over at howstuffworks:

      http://entertainment.howstuffworks.com/music-roy al ties6.htm

      so basically, artists come out of the deal with next to nothing unless they happen to sell 100 million copies on their first album.

      hey RIAA, cry me a fucking river about how downloaders are hurting artists...

    12. Re:What I get out of file sharing by SwissCheese · · Score: 1

      Why would you download a file you would never buy to begin with. If the song sucks so bad you wouldn't spend money on it, why are you spending bandwith to acquire it anyway?

    13. Re:What I get out of file sharing by Anonymous Coward · · Score: 1, Funny

      Hey, piracy is bad...haven't you ever watched Don't Copy That Floppy?

    14. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      well, for example.. im not a big fan of r&b, but if i hear some song on the radio with a catchy beat that I like, i may download the song, but would never buy the cd, since i probably wont want to hear any of the other songs... in this regard, there is no difference between downloading a song you would never buy to begin with and recording it off the radio ;)

    15. Re:What I get out of file sharing by elton247 · · Score: 3, Interesting

      Ok, this is a simple one...
      Am I more likely to take two minutes to download a band I have never heard before, but was recommended to me. OR... am i more likely to shell out $20 for a cd I have never heard before and could be crap. Now, if you are really into music, multiply this by hundreds or thousands.

      You see, us peoples that don't usually like only what you can hear on the radio or MTV, have no other alternative if we want to simply sample the band before we buy. To me its like have millions of friends that make me mixed tapes, then I decide which bands are worth supporting with my dollars!

      --
      How strange it is to be anything at all
    16. Re:What I get out of file sharing by SwissCheese · · Score: 1

      That's fine and I can accept that as a reason. What about the hordes of users who bitch about how much britney spears and U2 suck, then go download the entire album anyway?

    17. Re:What I get out of file sharing by tuba_dude · · Score: 1

      I think he's talking about stuff your friends talk about (but are too forgetful to bring the CD in to let you listen), or songs you hear about on web sites and such. Stuff you hear about, but can't listen to unless you download or buy.

      --
      "The government of the United States is not, in any sense, founded on the Christian religion."
    18. Re:What I get out of file sharing by elton247 · · Score: 1

      I don't know, I have never met anyone like that. I have non-tech friends that will say a band sucks and then ask me to download one song for them, but never a whole album. Usually they just want the song they heard on the radio, but why not get a better copy then taping it off the radio. I used to tape a lot of music from the radio. Should I be fined for that? What if I record it from a 128k stream from the internet? buy, the lines sure get fuzzy...

      (I strayed a bit towards the end there)

      --
      How strange it is to be anything at all
    19. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      That's entirely irrational, what evidence do you have that hordes of users are doing that?

    20. Re:What I get out of file sharing by iabervon · · Score: 1

      however, you are most definitely harming the artist/label by downloading the new album put out by your favorite band that you would buy if it were not for your ability to download said album.

      Assuming that you don't then buy the album. Given the efficiency and speed of P2P, you may be able to download the music before you can buy the CD. You might also want MP3s of the songs to put in playlists, and it might be faster and easier to download them than rip them, even if you have the CD.

      It hurts the artists if you don't go to their live shows.

      It hurts the sound techs if you don't buy an album you like, regardless of whether you just listen to the radio, download the songs, play somebody else's copy of the CD, or even just live without the music. (It's the sound techs and production staff who do work on albums and get paid for it, as opposed to the artists who do work on the album and don't get paid for it, or the higher-ups who don't do work on the album (but may be responsible for you knowing about it) and get paid for it). If you enjoy a professional recording of a song more than a bootleg of a live show, the salaries of the people responsible come from the purchase of the CD.

    21. Re:What I get out of file sharing by Overly+Critical+Guy · · Score: 1, Flamebait

      This was the most moronic thing I've read. Figures it'd get modded up.

      If you gave away 10,000 copies, why would anybody buy it? They already have it, and they got it without paying for it.

      File-sharing isn't a medium for marketing. It's copyright infringement. Nobody gave permission for you to be trading artists' material, and you DON'T HAVE THE RIGHT to decide for them, either. Legally...or morally.

      Of course you think file-sharing has more positives than negatives. You obviously are a downloader, used to the convenience of years of mp3-downloading. Meanwhile, you're grabbing people's music without compensation. I'm sure they don't share your appreciation for that idea, seeing as how they make they're living and all through it.

      People have twisted file-sharing into some anti-RIAA movement, trying to push out the artist in the equation, forgetting that it's their material you're getting for free, illegally. That's why you see so many anti-RIAA posts. It's everyone trying to justify this thing in their minds. It's sad. It degenerates to the point where you get crap like what you wrote--file-sharing being another form of "marketing." Yeah, some marketing. They've already gotten the product!

      --
      "Sufferin' succotash."
    22. Re:What I get out of file sharing by gfody · · Score: 1

      while were on the subject of hurting people for what we DIDN'T do.. you really hurt me by not sending me $100 bucks last month.

      --

      bite my glorious golden ass.
    23. Re:What I get out of file sharing by LordLucless · · Score: 1

      What if I take and spend my own money and gave out 10,000 copies to people standing on the street? Do you know what that is called? It's called MARKETING

      You're so right. The RIAA should recognise this as a criminal activity. The sooner we have marketing down on the books as a capital offence, the better the world will be.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    24. Re:What I get out of file sharing by aceat64 · · Score: 1

      I could not agree with you more. I have downloaded a few songs to see if I liked the artist, and if I did I went and bought the song. I was watching cartoon network when a Daft Punk music video came on, I liked the music so I downloaded a couple of their songs, liked them, bought the CD, burned my own songs for better quality. I fear that if the RIAA gets their way I might not even be able to burn my own music to MP3/OGG. Oh, and if you're wondering, I don't keep the music on my system for very long, usually just until the CD is burned.

    25. Re:What I get out of file sharing by 1ucius · · Score: 1

      The few musicians (ok musician, I'm a geek) I know was extremely excited the day he signed with an RIAA company. They can't have screwed him that badly.

    26. Re:What I get out of file sharing by chaoaretasty · · Score: 1

      Because a friend recommended it, or I heard one thing they did and wanted to see what other stuff they have done, without wanting to risk 15. Or maybe I'm bored, search for [insert favorite genre] and download some random songs and maybe find something new.

    27. Re:What I get out of file sharing by Plac3bo · · Score: 1

      you just don't get it...read his entire post again, wait a second, think about what you read, and then post how you NOW understand

    28. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      I love the "Welcome to the end of the computer age, [insert evil laughter here]" part.

    29. Re:What I get out of file sharing by sporktoast · · Score: 1

      I'm not necessarily taking issue with what you've written. What I'd like to do is explore the ethical landscape that surrounds this assertion.
      You wrote:
      [...] it is impossible to *harm* an artist or label by downloading and listening to a song you would never consider buying in the first place. however, you are most definitely harming the artist/label by downloading the new album put out by your favorite band that you would buy if it were not for your ability to download said album.
      I wonder if I am also harming the artist/label by investigating their opinions on filesharing (and their business practices) and then NOT buying their album that I would buy if it were not for my ability to gain new insights about said artist/label.

      The assertion of harm here looks like it hinges on my *changing my mind* about purchasing. That seems like an awfully arbitrary test to apply. How many other things might cause me to not buy a CD I otherwise would have bought? Wouldn't they be harming, too?

      --
      In a related story, the IRS has recently ruled that the cost of Windows upgrades can NOT be deducted as a gambling loss.
    30. Re:What I get out of file sharing by Anonymous Coward · · Score: 0

      Yeah the artists get no money but theres more to making a cd then the exec and the artist, all the techies have to be paid.

    31. Re:What I get out of file sharing by crapulent · · Score: 1
      -not unlike the whole "if a tree falls in the middle of the forest, does it make a sound?" argument, it is impossible to *harm* an artist or label by downloading and listening to a song you would never consider buying in the first place. however, you are most definitely harming the artist/label by downloading the new album put out by your favorite band that you would buy if it were not for your ability to download said album.


      I don't buy it. What about the case where I would have had absolutely no intention of buying a certain album, but since it's available for download I try it out and find out that I really like it. If the album was encoded properly and with sufficient quality, I have very little desire to go out and buy it. This has happened to me countless times... I know some people would say that the artist and the label just got a fan that will eventually buy something; or others might say that they would go out and buy CDs from that artist anyway. But *I* wouldn't, not if I could get most of their work in a sufficient quality for free -- note that I'm not talking about that shit quality stuff on Kazaa, I mean full-album lame.mp3 --alt-preset releases that often come with artwork.

      So to play devil's advocate, I have just downloaded an album that I had absolutely no intention or desire to buy. So, it's not like the label has -lost- anything. However, if I had heard about them from any other means than file-sharing (such as a friend or the radio) I probably -would- have bought the album. So, in that sense it has cost a sale.
  2. Let's try an experiment... by Anonymous Coward · · Score: 5, Funny

    Everyone... go download some Right Said Fred and Spice Girls. Let's see if we can get them back on the radio! I'm Too Sexy for Girl Power!

    1. Re:Let's try an experiment... by wanderers_id · · Score: 5, Funny

      Let's not and say we did. The spice girls were painfull enough the first time around. I don't want to go through all THAT again.

      Crap, now I got their crappy song in my head. THANKS A LOT Coward!

      Why not everyone download music from that one band.... what was there name.... * wasn't it? I have lots of MP3s that meet that criteria. (*.mp3)

    2. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      You know, a really computer savvy band that didn't want their music shared so much would callthemselves * or ???? or something like that. Sure, people could spell it out, but I just imagine millions of people typing in * and wondering why they don't get decent results.

    3. Re:Let's try an experiment... by fussman · · Score: 5, Funny

      I'm thinking of writing up a VB worm that'll make everybody download Green Day songs, just so they're on the radio more.

      --
      Support Israeli punk bands. Man Alive.
    4. Re:Let's try an experiment... by wanderers_id · · Score: 5, Funny

      "This is Casy Casum's top 40 (tm) and the number one hit in America today is 'carat open parenthesis star backslash' by the new breakout band "percent twenty"

      ^(*\ - %20.mp3

    5. Re:Let's try an experiment... by mini+me · · Score: 2, Funny

      That would be the most devastating virus ever written.

    6. Re:Let's try an experiment... by Anonymous Coward · · Score: 1, Informative

      Count your blessings. When that song was popular I was dating this girl and she loved the Spice Girls, which meant their CD found its way into my CD Changer..There was nothing I could do but grin and bear it (and if you were in my position at the time, you would've too..trust me =P ). [un]Fortunately that relationship ended rather bitterly and prematurely so I only had to bear with the spice girls for about a month.

      I'll never understand why us men will endure such hardships for a woman.

    7. Re:Let's try an experiment... by RumpRoast · · Score: 5, Funny

      You are not supposed to date 12 year old girls.

      --

      My Ass hurts.
    8. Re:Let's try an experiment... by akadruid · · Score: 3, Funny

      You've never met a DJ have you?
      They would announce the band as "Twenty-Em-Pee-Three!"
      They have eveything written out phonetically for them.

      Of course, I could be giving DJs too much credit. It might not be written.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    9. Re:Let's try an experiment... by DickBreath · · Score: 5, Interesting

      Everyone... go download some Right Said Fred and Spice Girls. Let's see if we can get them back on the radio!

      I did RTFA. (Read the Friendly article.)

      Unless I misunderstood something, the picture I got was that they were relly looking at what people were searching for, not what people were downloading.

      There was a description of a green screen of text scrolling by in a blur. BigWig asked if they could freeze the display. Tech drone froze the display. You could see searches, from certian IP addresses, for various phrases. Article remarked that a lot of people were also searching for pr0n.

      I think all you would need is a bot to send reasonably frequent search requests for, say, Goatse, in order to get this onto the radio. In fact, by manipulating the network, such as gnutella or fasttrack, you could possibly arrange it such that your search requests mostly only ended up going to BigChampagne so as not to hog bandwidth of other filesharers.

      Taken to its logical conclusion, a network of friendly bots, with a web driven front end would allow anyone in a certian zip code to request what they want on the radio.

      Something with a very similar effect could be implemented with low tech. A radio station could have a telephone line to accept requests manually, and then such forward looking free thinking radio stations could actually play what people are asking for.

      I don't know. Maybe such a far-out idea is just going way too far. After all, the article did say that their mantra was "We don't need no research, just play the f***ing song.", and they must know better than we what we want.

      --

      I'll see your senator, and I'll raise you two judges.
    10. Re:Let's try an experiment... by Anonymous Coward · · Score: 1, Interesting

      "This is Casy Casum's top 40 (tm) and the number one hit in America today is 'carat open parenthesis star backslash' by the new breakout band "percent twenty""

      Ah yes, Casey dirtymouth.

      "These guys are from England and who gives a shit"

      "alright I want a concerted effort to not come out of an up-tempo record when I have to do a f***king death dedication."

      etc. Casey is responsible for a song being banned (U2 was upset at first but don't care anymore - Casey, however is worried about the effort on his career of his obscenities reaching a wider audience.) Check out:

      http://www.negativland.com/audiogadgets.html

    11. Re:Let's try an experiment... by jhylkema · · Score: 5, Funny

      Quoth the poster:

      "This is Casy Casum's top 40 (tm) and the number one hit in America today is 'carat open parenthesis star backslash' by the new breakout band "percent twenty"

      (Those of you who have heard the mp3 of Casey going off will appreciate this.)

      "Hi, this is Case Kasem and the number one song in America today is 'carat open parentheses . . . WHAT THE FUCK AM I READING HERE??'"

    12. Re:Let's try an experiment... by Anonymous Coward · · Score: 0
      You are not supposed to date 12 year old girls.

      +1 insightful...

    13. Re:Let's try an experiment... by Anonymous Coward · · Score: 1, Funny

      I think all you would need is a bot to send reasonably frequent search requests for, say, Goatse, in order to get this onto the radio.

      I always wanted to know what goatse sounded like.
      I suppose it goes like `Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaarr rrrrrrrrrrrrrrrrrrrrgh!!!'
      .

    14. Re:Let's try an experiment... by BrynM · · Score: 4, Funny
      Goatse, in order to get this onto the radio
      It's bad neough that I've seen it. I don't want to hear what that thing sounds like.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    15. Re:Let's try an experiment... by karnal · · Score: 1

      Actually, most people would have this named:

      %20 - ^(*\.mp3

      Artist before title, I always say :)

      --
      Karnal
    16. Re:Let's try an experiment... by The+Raven · · Score: 1

      Would not work. While the data is collected by computer, the firm employes many engineers and other people to massage the data into human consumable form.

      The green scrolley was the raw data as it went in... that does not mean that the raw data makes it back out of the company intact. Anyone can collect raw data... run a Gnutella client and look at all the search requests go through. It's the process of turning the data into INFORMATION that makes their service valuable.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    17. Re:Let's try an experiment... by karups2 · · Score: 1

      A new virus has taken the internet by storm. ... In unrelated news, radio stations have apparently predicted a comeback of the Spice Girls and are playing it non-stop.

    18. Re:Let's try an experiment... by Bendebecker · · Score: 2, Informative

      I take it you mean Negativland's "These guys are from England (and who gives a shit.)"???
      http://www.negativland.com/audiogadgets.html
      I think its track 2 from this page. They used a recording of Casey Casum going ape shit and dubbed in some guy on a casio playing the U2 song, and a bunch of random sound clips from the 'weatherman' (mostly ppl saying they want to find him and beat him senseless.)

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    19. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      So... there isn't any non-copyrighted or copyrighted but freely distributable music?

    20. Re:Let's try an experiment... by number11 · · Score: 1

      a really computer savvy band that didn't want their music shared so much would callthemselves * or ???? or something like that

      There's apparently a band named "A". Try searching for that, especially with software that won't accept search strings shorter than 3 characters, or returns hits on substrings.

    21. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      >>Goatse, in order to get this onto the radio

      >It's bad neough that I've seen it. I don't want to hear what that thing sounds like.

      There actually exists a Goatse-inspired band Goatsemon. The link does not contain images of anus flesh, but slightly amusing mp3's for you to download. I found the band through someone's sig or something on Slashdot.

    22. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      obviously you are either a) over 50 or b) asexual

      so I'll help you out on this one.
      Girls well into their early 30s like that Kelly Clarkson, Brittney Spears shit...and if you are in the active single scene you better get used to when having girls in your car flipping though the radio, hearing one of those songs then cranking it up for the whole world to hear.
      Nothing like driving a convertible though the Streets of DC with N*Snyc blasting out of your stereo and the sympathisizing looks you get from other guys who can see what you are putting up with for the booty.

    23. Re:Let's try an experiment... by Anonymous Coward · · Score: 1, Insightful

      A legitimate use for P2P file sharing? Sure! What, you think the only files you can share are music? What about shareware?

    24. Re:Let's try an experiment... by Overly+Critical+Guy · · Score: 1

      In the .01 percentile maybe.

      Next.

      --
      "Sufferin' succotash."
    25. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      You did miss the picture. Just because what was being displayed on that monitor was searches doesn't mean that is the only thing they are tracking.

      The article also said that they catalog what files are on a users share and use those to categorize what type of listener the user might be.

    26. Re:Let's try an experiment... by Jedi+Webmaster · · Score: 2, Interesting

      That brings up an interesting theory. What if we renamed our collection using say, the chinese language pack? Made a key availible, It'd be awhile before the RIAA Figured it out.

    27. Re:Let's try an experiment... by i.r.id10t · · Score: 1

      Lets see... some how some sort of locking technology would be enabled, perhaps thru a daemon. Each file on your shared area can be played via a 'net stream, but only one stream at a time. Very much like physically loaning a cd/album/8-track to a friend. Then joe user wants to listen to "Pink Floyd - Several Species of small furry animals gathered together in a cave and grooving with a pict.mp3" - of the 3 or 4 or however many hosts have that song, the client simply finds one that has an available stream slot, plays the song.

      Of course, there is still that issue of the client somehow capturing/recording the stream for later listening pleasure, but that issue also exists with the physical loan of a $media to someone else.

      --
      Don't blame me, I voted for Kodos
    28. Re:Let's try an experiment... by Anonymous Coward · · Score: 0

      According to my studies, your estimate is a bit low. Also, P2P isn't all music. You can find lots of shareware, game demos, ISO's, etc.

    29. Re:Let's try an experiment... by Anonymous Coward · · Score: 2, Funny

      actually I'm c) married

      my wife would listen to that crap, but I'm all "shut that shit off" and she's all "Do we have to listen to that Audioslave CD again?" and I'm all "Yeah, have some pimp juice, ho" and she's all "Ok".

    30. Re:Let's try an experiment... by Anonymous Coward · · Score: 0
      Nothing like driving a convertible though the Streets of DC with N*Snyc blasting out of your stereo and the sympathisizing looks you get from other guys who can see what you are putting up with for the booty.

      You mean the booty in CC no longer cranks to Trouble Funk, Chuck Brown & the Soul Searchers and E.U.? That shit bumped!
      Best DC rock band, IMHO, was Scream (w/ Dave Grohl, Franz and Pete Stahl). Jawbox and Shudder to Think were cool too. Shudder was really tight live.
    31. Re:Let's try an experiment... by dkermit007 · · Score: 1

      Even better!!! Download Yatta! *can't...get song...out...of head...again...or...the damn...video...*sigh* Damn you Jimmey Kimmel!!!

    32. Re:Let's try an experiment... by bheerssen · · Score: 1

      Article remarked that a lot of people were also searching for pr0n.

      Actually, it quoted a COO saying that. I couldn't help but think that he was seeing dollar signs when he said that.

      I also wonder if Big Champagne is marketing to the pr0n purveyors. It seems like an obvious move in the face of that data.

      --
      (Score: -1, Stupid)
    33. Re:Let's try an experiment... by Anonymous Coward · · Score: 1, Funny

      I don't want to hear what that thing sounds like.

      You ever used a vacuum cleaner on a puddle?

    34. Re:Let's try an experiment... by Poeir · · Score: 1

      Here, you can use this.

      --
      Sigs are like bumper stickers.
    35. Re:Let's try an experiment... by delsolsi97 · · Score: 1, Funny

      and I thought that was the mp3 file formerly known as Prince.

    36. Re:Let's try an experiment... by Vodka+Poet · · Score: 1

      What about the band "!!!"?

    37. Re:Let's try an experiment... by ehrichweiss · · Score: 1

      You must be talking about Negativland's work with some sound bites of his. I really loved the "In (whatever city), you're listening to it on one-three-eight-ooooh-fuck." Those guys are worth listening to...gotta love guys who can with one song have Island rekkids suing them without so much as a cease and desist order..

      --
      0x09F911029D74E35BD84156C5635688C0
    38. Re:Let's try an experiment... by jhylkema · · Score: 1

      I've never heard that particular song, but I have an MP3 of a montage of Casey going off. My favorite is one where he says "The countdown will begin this (time) immediately following the Trailblazers game on KSLM, Salem . . . now what the FUCK am I doing here? Promos inside the FUCKING GAME?!?" I know a guy who works at their sister station who actually aired that, bleeped of course.

    39. Re:Let's try an experiment... by mink · · Score: 1

      Try this!

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  3. Right... by raehl · · Score: 2, Insightful

    And using data about which cars are stolen most often to help redesign auto security makes auto theft ok too.

    1. Re:Right... by Anonymous Coward · · Score: 0

      >And using data about which cars are stolen most often to help redesign auto security makes auto theft ok too.

      Now your understanding.

    2. Re:Right... by Anonymous Coward · · Score: 0

      Yeah, the corps are directly benefiting from research and development done by other people! Without due compensation! Those BASTARDS! /slashbot

    3. Re:Right... by Anonymous Coward · · Score: 0
      > Now your understanding.

      Now your understanding is what?
      Oh, you probably meant: Now you're understanding.

      Dipshit.

    4. Re:Right... by Anonymous Coward · · Score: 0
      And using data about which cars are stolen most often to help redesign auto security makes auto theft ok too.


      Please, enough with these flawed analogies with the physical world.
      If your car is stolen, you lose the use of that car.
      If a file of yours is copied, do you lose the use of that file?


      I am not for copyright violations and IP theft, but the digital world demands a new set of rules and a new thinking, instead of hackneyed analogies.

    5. Re:Right... by lavorgeous · · Score: 2, Interesting

      This would be more akin to using data about which cars are stolen most as marketing data about which cars are most desirable.

    6. Re:Right... by akadruid · · Score: 5, Insightful

      This is a legitimate use for the network (maybe).

      That doesn't make illegal uses (Copyright Infringement) legal, but it helps the case that the network itself has legal uses.

      The RIAA would like to see the network removed, therefore may be shooting itself in the foot. This does not affect the moral, ethecial or legal status of Copyright Infringement.

      For example, CDs are legal. if the RIAA attempted to outlaw them, then got caught using them, there would red faces.

      ok?

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    7. Re:Right... by FatalTourist · · Score: 5, Insightful

      The RIAA has the same problem as you. They think of downloading songs as the equivalent of stealing cars. Apples and oranges. File sharing can be made to work for the record industry. There is no way to make auto theft profitable for the auto industry. If the record industry is willing to make some heavy changes to their business model they will survive.

      --


      Escape Pod Films: Sketch Comedy and Web Series
    8. Re:Right... by Anonymous Coward · · Score: 1, Funny

      Don't be so harsh! Everyone knows that the progression is as follows 1. Post 2. ??? 3. Karma!!!! The "read article", "think", "preview post" options were omitted to save time. Oh, and did someone make Post anonymously default in this topic?

    9. Re:Right... by grendel's+mom · · Score: 1

      You missed the point. You are confusing the data with the method of aquiring the data. The RIAA has said that there is no use for p2p networks except copyright infringment (and porn). If they are using the networks to obtain marketing data, it's knid of hard for them to continue with this argument (which is kind of irrevelant anyways).

    10. Re:Right... by Anonymous Coward · · Score: 0

      Your car analogy is wrong. Copying music is more akin to one automaker stealing designs from another automaker --- which is, as it should be, illegal.

      It's always been possible to copy creative copyrighted works, and it's been illegal for hundreds of years.

      But you are right that the digital world does need a new set of rules, because theft has become too easy, and we need a set of rules to punish those who aid and abet it.

    11. Re:Right... by aflat362 · · Score: 5, Insightful
      This would be more akin to using data about which cars are stolen most as marketing data about which cars are most desirable.

      Or an even better analogy would be about which cars are copied in peer to peer sharing networks and then marketing data to the radio stations so they know what cars people want to hear.

      --

      Conserve Oil, Recycle, Boycott Walmart

    12. Re:Right... by akadruid · · Score: 1

      hmm
      bear in mind the hat i am currently donning says 'Devils Advocate' in large letters.
      If car theft were to vastly increase, lots of people in the auto industry could capatilise on that for profit. New security, replacement cars and parts, etc. etc.
      Now combine that with getting info on When, Where and How the cars are stolen!
      They'd be mad not to use it!

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    13. Re:Right... by SuperDry · · Score: 1

      You beat me to it! I was thinking precisely the same thing.

    14. Re:Right... by daniel_yokomiso · · Score: 1

      More like using data about stolen cars to help car makers decide which car to produce more.

      --
      Disclaimer: If I disagree with you I'm probably trolling...
    15. Re:Right... by freerangegeek · · Score: 2, Insightful

      Except they aren't using the data to "solve their problem," they're using the data to increase their profit. If they were using the data to increase their security, that would be defensible.

      Cars, in this case, are a poor analogy because they represent a physical item, not intellectual property. A car can have only one 'legal' owner at a time.

    16. Re:Right... by Publicus · · Score: 5, Insightful

      I don't know why people always try to liken music sharing to property theft. It's just not the same thing. When you download a song, you're making a COPY. That's different from taking the property of another person. In the case of theft, the victim sacrifices the thing that you took.

      The one argument that you could make is that the label loses the opportunity to sell you a CD when you download their music, but that isn't true either. I would say half of my music downloads (and I don't download very much) lead to CD purchases.

      --

      My Karma was at 49, then they switched to words. All that work for nothing!

    17. Re:Right... by baboin · · Score: 5, Interesting

      Auto theft is already profitable for the auto industry. A car is stolen (and presumably chopped up for its parts) means the owner gets a fat cheque from his insurance to get - a NEW car from the auto maker. Why else are cars so easy to steal out from the factory with only a slim jim and perhaps a screwdriver? There is no business case for making cars harder to steal for the auto industry.

    18. Re:Right... by akadruid · · Score: 4, Insightful

      B-e-a-u-tiful!
      Someone who understands about analogies.
      One day, in a imaginary utopian world, less than 50% of replies will start "Ah, but that analogy is not exactly microscopically the same thing!!!".

      Hmm. No. Dumbass. That's why it's an _analogy_. That's why I said "That's like..." not "That's exactly the same as..."

      Anyway, pardon my rant. I'll wander back vaguely in the direction of the topic for my next post.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    19. Re:Right... by Frymaster · · Score: 2, Interesting
      of course they're doing this!

      currently:

      • album sales are driven by radio play.
      • radio playlists are determined by album sales
      obviously this doesn't leave very much room for direct consumer input. if p2p offers the big-5 some direct data about what people want, they'll be happy for it!
    20. Re:Right... by God!+Awful+2 · · Score: 4, Interesting


      The RIAA has the same problem as you. They think of downloading songs as the equivalent of stealing cars. Apples and oranges. File sharing can be made to work for the record industry. There is no way to make auto theft profitable for the auto industry. If the record industry is willing to make some heavy changes to their business model they will survive.

      Well let me then suggest that you have the same problem as a lot of /. readers, which is Boolean thinking. So what if they could survive if they make heavy changes to their business model. Do you think bare survival is all they care about?

      You say that file sharing can be made to work for the record industry. Fine. That's your opinion (and a pretty common opinion around here). But keep in mind that 5 years ago there were a lot of business cases that were pretty commonly espoused on /. that all turned to shit. Why should the RIAA listen to you.

      In the last couple of years, there is a quote that I see in a lot of people's sigs: "It is better to die on your feet than live on your knees." It seems to me that it's like that with companies too. The RIAA may know they are in trouble, but they are not prepared to merely roll over and accept the fact of piracy. They would rather go down fighting. And you know, I kind of admire them for that.

      -a

    21. Re:Right... by bombom · · Score: 1

      I don't know what kind of 70' pimp mobile you drive but all modern cars come with some sort of security device.

      My 03' Saab 93 has OnStar which can track the car to within 5 feet. The car's alarm goes off if anyone enters the car without disarming the alarm with the keyfob.
      What more do you want them to do? Ship cars with a cop in the trunk?

      --
      IOException - Can't Speak
    22. Re:Right... by s88 · · Score: 4, Funny

      "(and I don't download very much)"

      Just in case the RIAA happens to monitor slashdot. :)

      Don't mind me, I'm not the P2Per you're looking for.

    23. Re:Right... by cens0r · · Score: 3, Interesting

      Except that the car chopped for it's parts hurts the automaker. You see that stolen toyota camry means that there is one less engine, transmission, head lamp assembly, hood, windshield, etc. that toyota can sell. Car companies make obscene amounts of profit selling parts to cars. Some time just for grin find the cost of buying parts for your car, and start adding them up. You'll quickly come up to a sum much greater than what you paid for the car.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    24. Re:Right... by Anonymous Coward · · Score: 0

      I don't think this can be considered the legitimate use for the network in any way. Asserting that obtaining and using the statistics about the files downloaded condones such activity in any way, would not be unlike asserting that compiling and using the crime statistics condones the crimes themselves.

      "Your honor, I can not be put to trial for theft, as the police uses statistics to post more policemen on the streets where there are more thefts. Since the police uses the thefts in this way to provide jobs to their employees, the thefts have non-criminal use and for this reason they can not be forbidden by the law." I don't think so. While it is wrong to go after the software (in this case it would be like prosecuting the builder of the street), there is nothing wrong with RIAA filing legal complaints against those downloading the copyrighted files. In the due process should be established whose allegations hold more truth, or, in this case, are more beneficial to the general public. If you have scre*ed legal system then address that but don't go around crying of corporations do what they are legaly allowed to do. In the end the consumerisem will defeat itself, but in the meantime the calm and quiet of some remote part of Australia looks pretty inviting.

      I know you can say that the parabole has no merits, but given 5 seconds of thinking one can see that compiling and using the statistics about something can never be equated to the same thing as the thing being examined. RIAA does absolutely nothing to its case by doing so. This particular event is not an argument whether file sharing is illegal activity or not. Arguments on this matter come mostly from the laws that govern the rights of the authors. How is file sharing any different from copying applications without the permission of the copyright holder. Everybody screams "foul!" when somebody shamelesly copies some GPLed code to commercial product without honoring GPL licence that specifies the request from the author to the user. It might be true that RIAA & cabal make too much money by tightly controlling the market, but eveybody is free to stop financing them, and everybody is free to elect officials that will pass legislation limiting such behaviour. If you use the service they provide (i.e. listen to their the music), then you should pay them the amount of the money they request for it. You don't go to the store and say: "Excuse me sir, I would like to buy the for $5.95. If you don't sell it to me for that price, then I will go home and download an unlicenced copy and use that.". You don't do that just "because the box, manual & CD cost only $2 combined, so the software is overpriced."

      Information wants to be free? Sure. Make it free as much as you want, but remember that property also wants to be free. Property of any kind is simply an agreement within the legal framework that enables you to control the material object. New kind of property (my ideas) are also just expressions that are governed by the legal framework. If you don't like the framework, you change that, but you don't go around breaking the rules just because you want something to be free. It is your freedom to give away information for free if you feel inclined to do so, but you are not free to demand that from everybody. Likewise they are free to contain information just for themselves. I know that by copying you still leave the original intact, tus you're not commiting the theft per se, but in the process you're also violating the wishes of the legal owner of the item in question, and when it comes to violating wishes of others, where do you stand?

      Phewww....... My 5min of ranting on the subject

      Anonymous Cowards Unite

      (whateverthisis)

    25. Re:Right... by BrynM · · Score: 1
      Don't mind me, I'm not the P2Per you're looking for.
      Jedi MP3 Tricks! RIAA the Hutt says: "Ya koon tacha poonoo nee sah, gee. (Your powers will not work on me boy.)"
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    26. Re:Right... by Anonymous Coward · · Score: 0

      Well, thank god most car stealers are too stupid to search the web to learn how to jam your OnStar signal and to disable your alarm. But don't worry, they'll catch up.

    27. Re:Right... by Anonymous Coward · · Score: 0
      And using data about which cars are stolen most often to help redesign auto security makes auto theft ok too.
      Only if you steal a copy of the car and leave the original.
    28. Re:Right... by MrResistor · · Score: 1

      I don't think anyone is seriously suggesting that this makes copyright infringement legal. What it does do, however, is give some legitimacy to p2p networks and maybe some defense for them against the DMCA (non-infringing use). At the very least it weakens the RIAA's case against p2p in general as it can be shown that they do directly and intentionally benefit from them.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    29. Re:Right... by arnie_apesacrappin · · Score: 4, Interesting
      Except that the car chopped for it's parts hurts the automaker.

      You have a very good point. During the late 90s in Atlanta, GA there was a huge spree of air bags being stolen from Honda Civics. Turns out the dealer cost for the replacement was in the neighborhood of $500, so many "independant" shops were paying thieves $100 for a stolen one.

      From one report that I read a qualified thief could smash a window and take the airbag in something insane like 20 seconds.

      --

      Still, with a plan, you only get the best you can imagine. I'd always hoped for something better than that. -CP

    30. Re:Right... by alexq · · Score: 1

      no, you misunderstand. it's not to help redesign auto security. it's so that auto manufacturers can know which cars are popular and make more of them!

    31. Re:Right... by Choobius+Gothicus · · Score: 1

      Odds are 250 to 1 the moderator modding this down is not a pirate. Who wants in?

    32. Re:Right... by WindBourne · · Score: 1

      and almost all of the other 1/2 would not have bought the CD in the first place.
      Too be honest though, I think that if the RIAA does not want their stuff on the net, then it is their right. I do wish that more ppl would switch to only downloading music that is not from labels.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    33. Re:Right... by Swanktastic · · Score: 1

      The one argument that you could make is that the label loses the opportunity to sell you a CD when you download their music, but that isn't true either. I would say half of my music downloads (and I don't download very much) lead to CD purchases.

      Whether that is the case or not is besides the point. If someone correctly or incorrectly wishes to copyright their material, then it's their right to limit its distribution.

      By your logic, Microsoft would be allowed to confiscate and include GPL'd code into Windows under the rationale that it is "increasing the number of computers OSS code is running on (to the satisfaction of OSS authors)."

      Anyways, any anecdotal evidence provided is next to worthless. I could as easily point out people I know who have quit buying CD's because file-sharing is so easy and free.

    34. Re:Right... by karnal · · Score: 1

      That's true, but in the end, wouldn't it even out?

      If person A has their car in the shop, and the shop gets 1 stolen airbag, I'm betting that person B who had their car broken into probably had to take the car somewhere to get a new airbag. Plus a window. And, perhaps a new dash since the thieves decided to destroy it trying to get the radio out.

      Granted, I wouldn't want my car broken into because of an airbag. Heck, if someone took my airbag, I'd be more likely to leave it out....

      --
      Karnal
    35. Re:Right... by Anonymous Coward · · Score: 0

      They already have. It's fairly easy to locate and disable the OnStar antenna. Onstar may stop the joyriders, but a pro can get around this with no problem.

    36. Re:Right... by aduzik · · Score: 1
      You may be making a copy, but you're taking that copy without paying for it. The thing that you're stealing for the record company is its profit, which it has every right to make. Why? Because it's a *company!* It doesn't exist for your benefit or anyone else's. It exists purely for the purpose of making a profit, and when you copy a song, you are stealing the profit from them. It's this simple: you don't own the music. The record company does. They're willing to give you a license to listen to it any time you wish -- in exchange for money. That is how business works.

      It's great that half of your music downloads lead to purchases, but what about the other half? If you download an album that you like, but aren't willing to pay for, then you've cheated the record company out of a profit that is rightfully theirs. It really is just that simple.

      --
      If it's not one thing it's your mother.
    37. Re:Right... by driverEight · · Score: 3, Insightful
      There is no business case for making cars harder to steal for the auto industry.

      Other than customer demand for cars which won't be stolen...

      --

      It's not the size of your .sig that matters, it's how you use it.

    38. Re:Right... by Anonymous Coward · · Score: 0

      Each copy of some information is independent. The core reason why copyright infringement isn't theft is because, well, it isn't. I have not deprived you of something if I copy it.

      Copyright is trying to treat all copies of some information as some notional single entity, even though they aren't! And thus copyright does not compare to physical property in the way you suggested. I can't take your car with you still having your car. I can, however, take a COPY of your song and you'll still have your song.

    39. Re:Right... by Felis+Rex · · Score: 1

      Seems to me they have a goldmine of opportunity here... because it's not so much that people started out wanting to screw the record labels. They only seriously started wanting to do that when the likes of the RIAA started acting like assholes and pissing them off.

      Remember this, which they seem to have forgotten (along with such other notables as Microsoft, etc.):

      The customer is who pays your bills. Pissing off customers eventually gets your company dead.

      So it looks more to me like, "We're so big that the customer doesn't matter anymore. So we'll just screw them and then when they dare to get upset, we'll sue them, too."

      Now I personally hope the RIAA does die on their feet, because I just want to see them die.

      And no, I'm not a file trader. I gave up on buying CDs long ago because of all this, and unlike a lot of people, I just gave up on music that isn't on the radio, period. And honestly... I don't listen to that much either. It's not worth my time to download music for the same reason I quit using Windows: I wouldn't want someone to steal what I put out if they're not willing to pay what I ask for it, so why should I steal someone else's work if I am not willing to pay what's being asked for it? I really do respect the artists, because in my own way, I'm an artist, too.

      Now all we need is for a few dozen million more people to do this same thing, and we'll be rid of the RIAA forever.

      Like that's going to happen.

      --
      "it's only after disaster that you can be born resurected" - My friend Dave
    40. Re:Right... by poot_rootbeer · · Score: 0, Troll

      I don't know why people always try to liken music sharing to property theft.

      I don't know why at least five people feel the need to explain why it's different from theft in every /. thread about the RIAA.

      When you download a song, you're making a COPY. That's different from taking the property of another person. In the case of theft, the victim sacrifices the thing that you took.

      An spy breaks into a US military research lab and uses a microfilm camera to take pictures of sensitive documents, maps, and diagrams. Did the spy steal anything? I mean, the US military still has them -- but they're worth a lot less now that every other government in the world has them too.

    41. Re:Right... by Overly+Critical+Guy · · Score: 1

      How does free CDs online become profitable for the music industry? Honest, I'd like to know. I'm tired of vague claims about the "benefits" of p2p sharing for artists. Free stuff means someone doesn't get paid for their work. You can't ignore this FACT.

      --
      "Sufferin' succotash."
    42. Re:Right... by Anonymous Coward · · Score: 0

      Sounds like a great idea! I haven't heard music by The Cars in a long time.

    43. Re:Right... by Anonymous Coward · · Score: 0

      The RIAA may know they are in trouble, but they are not prepared to merely roll over and accept the fact of piracy

      Can't say I've seen any irrefuteable proof that downloading has done any damage to their revenue stream, can you?

    44. Re:Right... by Anonymous Coward · · Score: 0

      How can you admire something that's not a person, and that's not even a "thing".

      Businesses are legal entities that maximize profit. They don't make moral decisions. They don't say "hey, we will garner admiration if we stand up to the file sharers".

      They are made of people with a common goal. They survey their surroundings and react for maximum profit. That includes lobbying the government, marketing to the public, and changing their business models.

      Any company faced with the same situation would do the same thing. Any change in the business climate gets the same reaction from any business.

      Admiring businesses for maximizing profit is like admiring an airplane because it falls under the influence of gravity, even though the people inside really wish it wouldn't.

    45. Re:Right... by scot4875 · · Score: 1

      Yeah, but Jedi mind tricks only work on the simple-minded.

      Err, nevermind. Carry on.

      --Jeremy

      --
      Jesus was a liberal
    46. Re:Right... by blibbleblobble · · Score: 2, Interesting

      "There is no business case for making cars harder to steal for the auto industry."

      There's also no human case for it. The harder cars are to steal, the more likely that somebody who wants one will hijack it, rather than steal it when it's left parked.

      Given that most people would prefer to come out of work and find their car gone, compared to someone jumping out at them with a knife and demanding the immobiliser key, many manufacturers decided to limit the amount of security on a car.

    47. Re:Right... by Anonymous Coward · · Score: 0

      "I don't know why people always try to liken music sharing to property theft."

      Could you imagine putting in an insurance claim for $30,000 as "somebody took a photo of my car"?

      No? Then try to imagine a company recording 30 bazillion quid's worth of damages for people letting friends listen to their music.

    48. Re:Right... by Anonymous Coward · · Score: 0

      Oh man. Worst troll ever. God, such a loser.

    49. Re:Right... by Piquan · · Score: 2, Interesting

      The RIAA may know they are in trouble, but they are not prepared to merely roll over and accept the fact of piracy.

      We don't want them to accept piracy. We want them to face facts of market demands.

      The market demands convenience and instant gratification. This is America, for Pete's sake! People want to be able to think, "Hey, I want to hear a new song!" and a few clicks later, it's playing. The RIAA is so stuck on their old business model that they won't face up to the new reality of the market. And any business-minded person knows what happens to companies that don't follow changing markets.

      The irony of this, what I find very funny in fact, is that it's getting worse for the RIAA the longer they wait. Had they provided online music downloads a long time ago, when the demand was first visible to the rest of us, then P2P would never have become such a haven for illegal music traders. But by quashing Napster instead of setting up a legit music download service, they caused lots of new P2P music trading to spring up.

      Now, because they've waited so long, there is a well-known P2P music trading infrastructure. This means that they may feel the need to use DRM. Had they not given P2P a chance to spring up (by offering their own, legitimate and well-advertised service), then they would have never needed DRM. File sharing wouldn't be commonplace. You wouldn't have 12 year-old girls thinking that paying for KaZaA makes it all legal.

      But they didn't, and now it's too late. Who knows what else they may lose if they keep waiting?

      I have my own theory. I think that the next thing in line for them to lose is control over the bands. People are getting tired of RIAA-pushed ISO9000-manufactured everything-sounds-alike pop artists. Previously, since the RIAA controlled the radio, that was all that people got free samples of. But P2P provides a new first-sample distribution channel for independent artists. If the RIAA doesn't watch out, they'll lose their chokehold on which artists are coming to the public ear. And then, they'll have some real problems.

    50. Re:Right... by Wylfing · · Score: 4, Interesting
      [A non-infringing use] does not affect the moral, ethecial or legal status of Copyright Infringement.

      Actually, it does. There is a great deal of confusion on /. about the difference between a crime an a civil offense, so perhaps you can be forgiven. /me gets up on soapbox

      Copyright "infringement" is what we might call an actionable offense. It falls into the same class of issues as contract violations. Breaking a contract is not "against the law" -- the police aren't going to arrest you. The law says that if you copy something without the author's permission then the author can choose whether or not he/she has been maligned, and if so he/she may try to seek damages from you by bringing the matter in front of a judge who also has to agree that damage has taken place. And even if they both agree and the judge makes you pay, you still haven't "broken the law." (Now if you refuse to pay like the judge asked, THEN you will have broken the law.)

      Copyright infringement is neither immoral, nor unethical, nor illegal. It's merely actionable. The very excellent reason for this is that it cannot be determined whether you damaged a copyright holder by copying his/her work except by examining each case as it comes along. As we see in this case, unauthorized copying does not necessarily damage the copyright holder. No harm, no foul as we used to say.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    51. Re:Right... by lysium · · Score: 1
      They would rather go down fighting. And you know, I kind of admire them for that.

      I don't know about you, but I only want underdogs to go down fighting. Titans should fall swiftly and (preferrably) dramatically, like Goliath. That particular story would've been pointless if he crushed David in his death throes, neh?

      ==========

      --
      Together, we will drive the rats from the tundra.
    52. Re:Right... by dnaSpyDir · · Score: 1

      your analogy is quite flawed. using information gleened from source XYZ to compile the methods used by auto theives to rob ZoomZoom model X10, or model Z14, or whatever and using that data to enhance security comes a bit closer.

      and there is nothing wrong with BigMedia using BigChampagne to gather data, but to say P2P networks have no value other than copyright infringment, and then using the traffic generated by them to boost sales, well, now the waters get a little murky.

    53. Re:Right... by Politburo · · Score: 2, Insightful

      While analogies are not supposed to be exactly the same (if they were the same, what's the point), a majority of analogies used are incorrect. The problem is not analogies, or the authors. The problem is that we are always trying to break things down to something easier, or something we are familiar with. So we say, "Look at it this way, say I took your car and..." The thing is, we act differently in different situations, and we feel differently in different situations. Attempting to reduce everything down to an analogy about cars (or anything) leads to us attempting to view every situation in the same light. This isn't a realistic way to discuss or think.

      Yes, I have been guilty of shitty analogies. That is the other problem with analogies. They are so damn easy. Joe is downloading music, why that's just like Bill stealing a car, and just like Adam performing securities fraud! In reality, however, all of these situations are different, and are covered by different laws, terminology and practices. Instead of talking about the actual issues, we end up debating semantics because of analogies that attempt to convert everything to the lowest common denominator.

    54. Re:Right... by Politburo · · Score: 1

      Car companies make obscene amounts of profit selling parts to cars.

      While in general this is true, it really depends on the make/model and part. Parts from makers like GM and Chrysler are much cheaper because they try to use the same parts across all of their products. They have a large variety of models, and a large amount of vehicles sold, so this results in a lot of spare parts hanging around. Also, some parts can be refurbished and resold, such as starter motors. Even further, many parts are duplicated by 3rd party manufacturers, taking the auto companies out of the equation (unless the 3rd parties are licencing from the makers, but I don't think this occurs).

    55. Re:Right... by Bonewalker · · Score: 1
      But keep in mind that 5 years ago there were a lot of business cases that were pretty commonly espoused on /. that all turned to shit. Why should the RIAA listen to you.

      How about listening to 60 million file-sharing users then? That is a pretty large audience they could reach if they understand how, and were willing to accept change.

    56. Re:Right... by Radius9 · · Score: 1

      And no car thief would think to do something like, ummm, pull the fuse dedicated to powering the OnStar system, like is described in this link? http://www.hypertech-inc.com/pp4pg2.html

    57. Re:Right... by Jacer · · Score: 1

      I once read that if you added up all of the replacement parts for a Pontiac Grand Prix, it would be in the $100,000 area, and that's not labor for putting it together. Seems reasonable, no?

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    58. Re:Right... by DarkVader · · Score: 1

      But IT'S NOT THEIR STUFF!!!

      It's a COPY of their stuff. Their stuff is still in their posession, on a master disc somewhere.

    59. Re:Right... by aflat362 · · Score: 0, Redundant
      Lol!

      Funny stuff

      --

      Conserve Oil, Recycle, Boycott Walmart

    60. Re:Right... by Anonymous Coward · · Score: 0

      Say that my friend goes out and buys the lastest greatest novel cowritten by Michael Crichton and John Grisham, about genetically engineered lawyers. He gives me the book to read (which I think we all agree is legal).

      Me, being insane, decide to get a large cache of paper and pens, then word for word make a copy of the book for myself. Several months later, when I'm finished, I return the original book to my friend. I now have my own copy of the book. Do you think I infringed on the original authors copyright? OK, did I commit any type of theft?

      This is a definition from dictionary.com

      "theft \Theft\, n. [OE. thefte, AS. [thorn]i['e]f[eth]e, [thorn][=y]f[eth]e, [thorn]e['o]f[eth]e. See Thief.]

      1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.

      Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief.

      2. The thing stolen. [R.]

      If the theft be certainly found in his hand alive, . . . he shall restore double. --Ex. xxii. 4.

      Source: Webster's Revised Unabridged Dictionary, (C) 1996, 1998 MICRA, Inc."

    61. Re:Right... by Anonymous Coward · · Score: 0

      Does anyone know how to spell the onomatopoeia for when sarcasm goes flying right over someone's head?

    62. Re:Right... by PetWolverine · · Score: 1

      Marx on sex: From each according to his virility, to each according to her need.

      I'm virile. How can I help?

      --
      I found the meaning of life the other day, but I had write-only access.
    63. Re:Right... by PetWolverine · · Score: 1
      There is no business case for making cars harder to steal for the auto industry.


      Other than customer demand for cars which won't be stolen...

      But auto theft is a steady stream of income. Lack of it simply means customer loyalty. A person will buy a new car a lot earlier if it gets stolen. As long as everyone cooperates, it better for all car manufacturers to opt for easily stolen cars.
      --
      I found the meaning of life the other day, but I had write-only access.
    64. Re:Right... by Nucleon500 · · Score: 1

      You mean an industry might actually listen to what customers want, and provide it? Nah...

    65. Re:Right... by Anonymous Coward · · Score: 0
      • Jedi MP3 Tricks! RIAA the Hutt says: "Ya koon tacha poonoo nee sah, gee. (Your powers will not work on me boy.)"
      Someone please mod parent post with: (-1, You Need To Get Laid... Seriously)
    66. Re:Right... by ScrewMaster · · Score: 1

      That's because some people perceive the word as if it were presented this way: "ANALogy."

      --
      The higher the technology, the sharper that two-edged sword.
    67. Re:Right... by ScrewMaster · · Score: 1

      More correctly, they have already made heavy changes to their business model. In addition to continuing to force us to buy music on the obsolescent physical media known as "Compact Discs", the latest marketing plan includes such advanced concepts as the legal intimidation of grandparents and twelve-year-old girls, and extracting thousands of dollars in juice money from single moms. And let's be clear here: the record industry as a whole, and the RIAA, in particular, are not necessarily the same thing. At this point I perceive Vivendi and BMG and the rest as playing a waiting game. They want to see if their "industry trade group" is going to be successful in restoring the industry's growth rate to previous levels. I must say, however, that I disrepect tho leadership of those corporations for not putting the brakes on this reign of legal terror before now. They certainly have the power.

      When the RIAA's efforts ultimately prove unsuccessful and result in even further losses to the various bottom lines, there will be even more heavy changes which will likely include the RIAA no longer being the official trade organization of the music industry. The RIAA is primarily composed of attorneys, I understand. While lawyers do have their uses (fertilizer comes to mind) they aren't well-known for innovative or forward-looking thought processes. When they were in their comfortably-numb top-dog monopoly position, that mentality was sufficient. Unfortunately, the winds of change are upon them (and us) and they will adapt or be left on the sidelines (they'll find good company in unemployed blacksmiths, draftsmen, and such.)

      A thing comes into being because it is its time. The radio, the airplane, the computer ... all of these came into being because it was their time. Efficient, global peer-to-peer sharing of information came into being because it was its time. The Internet is a fundamentally egalitarian medium, and peer-to-peer is little more than a logical extension of that philosophy.

      The pressure is building. The RIAA made a fatal mistake in not putting the screws to file-sharing before it turned into a truly global phenomenon. The cat is out of the bag, Pandora's box is empty, the can of worms has been opened (and not even the RIAA has a can big enough for all of them.) If current estimates are correct and some sixty million Americans have been exposed to peer-to-peer, that translates into an awful lot of potential political force that not even Mssrs. Berman, Coble, Tauzin, et. al. can halt. Ethical or not, moral or not, legal or not, too many people have been exposed to the power of this technology for it to simply disappear, as some would like it to. My suspicion is that the RIAA's current efforts will simply drive the technology toward greater protection of privacy (the advent of the supernode was a step in this direction, and the RIAA's singling out of supernodes indicates that they recognize this.)

      The quick & dirty shotgun approach they are taking right now is probably more dangerous than they realize. Sure, nailing kids and grandmas is bad PR, but I don't know as they really understand that or care. Fear among the (CD buying) public is what they are attempting to engineer, and bad PR is an acceptable loss. What I think will eventually happen is that they will attempt to slam someone with both the will and resources to slam back (they claim to lack the resources to research each and every case.)

      DirectTV is already under litigation for violation of the RICO Act: with a little luck the same thing will happen to the RIAA. I bet we see those horns retract awful quick.

      --
      The higher the technology, the sharper that two-edged sword.
    68. Re:Right... by ScrewMaster · · Score: 1

      They would rather go down fighting. And you know, I kind of admire them for that.

      Psst! Your Trollhood is showing!

      I personally wouldn't care one whit about this whole issue if (and this is a big "if") the RIAA had restricted itself to managing its own affairs. I don't purchase their music because, unlike the recording industry's millions of customers, I know a bad deal when I see one! Unfortunately, with the passing of the DMCA (which was purchased from Congress directly by the entertainment industry), the Sonny Bono Act, the extension of copyright, the Super-DMCA's they are responsible for at the state level, the deliberate subversion of Internet Radio, and all the other damage our legal system has sustained because of these arrogant little short-penised vampires I would have to be an idiot or worse to actually admire them! My god! Go read up on "enlightened capitalism" and apply it to the current situation. Be sure to include "monopolist" and "Sherman Antitrust Act" in your studies.

      Suppose (pick any obsolete business model) carriage manufacturers had banded together to lobby Congress for laws that made automobiles illegal to manufacture or possess. Would you admire them for their pluckiness? How about people that made typewriters. What if they had lobbied for laws suppressing word processors? Would you admire them too? How about the printing press? There were those that wanted to suppress that innovation as well! They had some pretty-sounding arguments too.

      Business models come and go. Constantly. You are correct in that a lot of dot-bomb ideas didn't make it. The difference is that ... something different was tried. The RIAA and other statists don't want to try anything different. That's fine ... get with the program or go jump on the scrap heap of obsolete businesses and technologies. The only constant is change: innovation and creativity sometimes destroy existing jobs and businesses, but invariably create many more. Historically, that is the essence of the American economic engine.

      Use our laws (emphasize our) to enforce your rights, if necessary. But don't go rewriting core elements of the American legal system (which we all depend upon) simply to maintain your business monopoly. That is wrong, my friend, and compared to that moral and ethical (and probably legal) crime, simple copyright infringement isn't even in the running.

      This isn't about music: this is about unbridled greed, arrogance and illegal monopolism affecting all of us in ways that go far beyond mere music. The entertainment industry, as a whole, has disrupted the balance between the needs of rightsholders and those of the public, in order to favor themselves. This is simply unacceptable.

      The RIAA (and its sister organization, the MPAA) has opposed every single technological advance in media delivery since the invention of the LP. And, when they lost every battle, they made billions anyway. I would call them "shortsighted" but that's too mild a word. You had better do a little research first before settling on a idol. They are not creatures to be admired.

      --
      The higher the technology, the sharper that two-edged sword.
    69. Re:Right... by God!+Awful+2 · · Score: 1

      I normally don't reply to people who start their messages with "I know you're trolling, but...". If you are going to call me a troll, then WTF are you doing replying?

      Anyway, there are lots of errors in your logic:

      1. I didn't say I admired the RIAA in general, just in this respect.

      2. Carriage manufacturers? Typewriters? (You forgot the omnipresent buggy whip makers!) The fact is, music is the product and music is not obsolete. Even if you were to claim that CDs were obsolete (which in itself is ridiculous), that doesn't make the music any less valuable.

      3. There is a huge risk in assuming that just because something has always happened in the past, it will still work that way in the future. Because when you measure the system and change your strategy based on that, you also influence the system. It's like a Heisenberg uncertainty principle for game theory.

      This is a very important factor that is much too subtle to be discussed at length on /. The fact is, innovation and creativity are often correlated with new jobs for many reasons. E.g. because the innovators were trying to make money, because of new laws and regulations, etc.

      4. You so often hear about the VCR and how it benefited the music industry. Maybe it did, but only as a side effect. They would been perfectly happy with a video cassette *player* that didn't record. As I recall, the recording industry was not opposed to one innovation in music delivery: CDs. The recording industry trumpeted CDs because they couldn't easily be pirated (at that quality).

      -a

    70. Re:Right... by God!+Awful+2 · · Score: 1


      Remember this, which they seem to have forgotten (along with such other notables as Microsoft, etc.): The customer is who pays your bills. Pissing off customers eventually gets your company dead.

      You know what... it really depends on who your customers are. If your customer is the mafia, it's probably a bad idea to piss them off. Likewise if your customer is a multinational company that is dangling a $10 million contract in front of you. On the other hand, if your customers are a bunch of amoral twenty-somethings with no respect for other people's work, I'll take my chances with the lawsuits.

      If musicians want to cut out the middleman by selling CDs directly on their website, more power to them. But I haven't heard of anyone making money doing this so far. (At least among unknown musicians... I heard Prince was planning to do this.)

      -a

    71. Re:Right... by Felis+Rex · · Score: 1

      And unfortunately, the RIAA will get away with it because those same twenty-somethings don't have the common sense to band together or vote.

      --
      "it's only after disaster that you can be born resurected" - My friend Dave
    72. Re:Right... by Anonymous Coward · · Score: 0
      Boo for unjust modding.

      I was modded as redundant for telling someone that I thought their post was funny.

      Just one more addition to the list of why my life sucks.

    73. Re:Right... by God!+Awful+2 · · Score: 1


      Can't say I've seen any irrefuteable proof that downloading has done any damage to their revenue stream, can you?

      Nope...

      But keep in mind that that's the same argument that the cigarette companies used: There's no irrefutable proof that cigarettes cause lung cancer. "Irrefutable proof" is a pretty high standard. Meanwhile, there is plenty of convincing evidence that downloading has damaged sales, not to mention common sense.

      If anyone were to need "irrefutable proof" to justify their actions, it ought to be the downloaders, since they are the ones breaking the law.

      -a

    74. Re:Right... by God!+Awful+2 · · Score: 1

      I think maybe you don't understand the concept of "rationalization". Rationalization is when you decide to do something for reason A but you manage to convince yourself that it was for reason B.

      Every idea advocated on /. seems to involve users getting something for free. But getting it for free is always just the tangential point. (It's free as in speech, not free as in beer... I'm downloading music to protest the RIAA... Advertisers shouldn't have the ability to force me to watch adds... etc.)

      Well you'll excuse me if I'm a wee bit cynical and I don't take everyone's opinion at face value.

      -a

    75. Re:Right... by Piquan · · Score: 1

      Yes, I do understand rationalization. I try every day to recognize and avoid it. But that's irrelevant. You may note that I didn't say-- or even imply-- that sharing copyrighted music was just.

      I just said that it was more prolific and more damaging to the RIAA because they're not acknowledging the market pressures.

    76. Re:Right... by God!+Awful+2 · · Score: 1


      Yes, I do understand rationalization. I try every day to recognize and avoid it. But that's irrelevant. You may note that I didn't say-- or even imply-- that sharing copyrighted music was just.

      It's perfectly relevant, since thousands of /. readers are able to rationalize piracy in this way. Your assertion is that piracy is merely a "market pressure". So isn't it relevant why this market pressure exists?

      It exists because for some reason, a large percentage of the public is able to rationalize the theft of music. As far as I'm concerned, the correct solution to that is lawsuits, not price cutting.

      -a

    77. Re:Right... by Piquan · · Score: 1

      It's perfectly relevant, since thousands of /. readers are able to rationalize piracy in this way.

      You mean by saying, "They won't provide easy downloads, so I'll download myself, and it's okay?"

      Your assertion is that piracy is merely a "market pressure".

      Technically, my assertion is that piracy is a manifestation of an unmet market pressure.

      So isn't it relevant why this market pressure exists?

      Sure. So why does it exist?

      I personally think the demand for instant gratifiaction exists because modern society is getting accustomed to this in other areas of entertainment.

      (It's not just limited to entertainment. Fast food, for example. But I'll restrict myself to entertainment for this argument.)

      The proliferation of video rental stores means that people can drive just a few blocks and come back with the movie of their choice, practically before the popcorn's ready. The hundreds of cable channels expand on this, and with premium channels such as Showtime and HBO, you don't even have to leave your living room. With pay-per-view, you can pick up the recent releases not yet on video. Long distance rates are so low these days that you can chat with your friends anytime you want rather than using bulky old letters, and in the evenings, it's free on many cell plans.

      The entry of the Internet into homes, and the commercial expansion of the web, means that you can have whatever entertainment you want at your fingertips. News, chat, comics, stories, humor, whatever you want, straight to you in milliseconds.

      Well, almost whatever. There's still that pesky music thing. We can get so much instantly, but there's still precious few legitimate ways to get music over the net. One principle behind a capitalist society is that services will form to fill in demand. Nothing legitimate materialized, so illegal file-swapping became common.

      As far as I'm concerned, the correct solution to that is lawsuits, not price cutting.

      I'm not arguing prices. I'm arguing availability. People want instant gratification.

      Heavy-handed market control is difficult. Anybody who deals with systems in nature (such as wildlife population or fluid dynamics) will tell you: systems that get near their operational limits become very difficult to control. It's going to be uphill work for the RIAA to control this. I don't see any way they can do it with lawsuits alone at this point. They need to put a release on the market pressure, provide a supply for the demand. Lawsuits can provide a little longer time, but only a little. Sooner or later, there's going to be more than they can handle.

      Personally, I listen mostly to music from decades gone by. I have the albums, I play them. I have little use for any sort of downloading system. But there's a clear demand for it. If the RIAA doesn't fill the demand, things will only get worse.

    78. Re:Right... by God!+Awful+2 · · Score: 1


      "It's perfectly relevant, since thousands of /. readers are able to rationalize piracy in this way."

      You mean by saying, "They won't provide easy downloads, so I'll download myself, and it's okay?"

      In any number of ways. "The RIAA oppresses musicians, so I'm downloading to drive them out of business", "Because they're using an obsolete business model", "Because music isn't property", etc. Most downloaders just want a free lunch. Their excuses are pure rationalization, because you can typically find a hundred similar cases where they reach the opposite conclusion when the outcome doesn't benefit them.


      "So isn't it relevant why this market pressure exists?"

      Sure. So why does it exist? I personally think the demand for instant gratifiaction exists because modern society is getting accustomed to this in other areas of entertainment.

      I disagree. I think the main demand is for free/ultra-cheap music. Instant gratification is just the excuse. Everyone out there advocating pay-per-download seems to be talking about 25 cents per song. Or even if they would pay $1, they only want to download 1 song per album, so the labels end up making much less money.

      You seem to point to movies as a medium that doesn't suffer much from piracy because the desire for instant gratification is satisfied. But I disagree. Lots of people pirate movies, just not as many as with music because of the high bandwidth requirements. That will change.

      If you want another example of rationalization, look at the war in Iraq. Why was the war so popular? The government told the people they invaded because of WMDs and state-sponsored terrorism, and lots of people believed that. But there were 10 other places that they could have just as easily invaded. So why Iraq? Clearly the oil was the deciding factor, but people bought it anyway.

      Personally, I listen mostly to music from decades gone by. I have the albums, I play them. I have little use for any sort of downloading system. But there's a clear demand for it. If the RIAA doesn't fill the demand, things will only get worse.

      Well, me too, actually. I still buy an album here and there, though. Mostly from used CD stores. I like a bargain as much as the next guy (but I try to do it legally).

      -a

  4. They won't be undercut by XshadowstarX · · Score: 5, Insightful

    The RIAA is making the single mother of a 12 year old pay thousands to settle. Does anyone really think that they are just going to allow their plot to be undercut? Clearchannel and the RIAA run a tight squeeze on music and it won't change without some serious consumer action and hopefully federal litigation.

    --
    -ad105
    1. Re:They won't be undercut by Anonymous Coward · · Score: 0
      A 12 year old girl, sued for $2,000

      Support Brianna LaHara

    2. Re:They won't be undercut by ichimunki · · Score: 2, Insightful

      Clearchannel and the RIAA run a tight squeeze on music and it won't change without some serious consumer action and hopefully federal litigation.

      No, they don't. Except with respect to radio frequencies this assertion is patently false. While ClearChannel are hogging the airwaves, there is no scarcity in the realm of music, either live or recorded. There is no real limit to the number of songs that can be written, performed live, or sold on any number of available media or transmitted to listeners over the internet. Other than opening the airwaves up to real competition again, please keep the federal government out of this.

      --
      I do not have a signature
    3. Re:They won't be undercut by Ilgaz · · Score: 0, Flamebait

      Ahem, I decided to get a firewall and keep this PC running 24/7, for sharing...

      I'll run shareaza 24/7, just for those morons sued a 12 year old KID while they speak about pedophilia , I share all files...

      There, RIAA lawyers reading Slashdot (of course they do), your answer, I am in Istanbul, BITE ME.

    4. Re:They won't be undercut by lightspawn · · Score: 1

      Clearchannel and the RIAA run a tight squeeze on music and it won't change without some serious consumer action and hopefully federal litigation.

      Here's what needs to happen:

      A P2P application designed exclusively for sharing LEGAL music.

      I'm not sure how this can be achieved - maybe you can't be anonymous if you want to inject a file to the network originally or some such solution involving cryptography - but imagine the impact. Hey, here's music you can download legally, you'll never be sued, and although the artists would appreciate you buying the CDs or paying directly, you won't find yourself in court if you don't. You can find new music, maybe an auto-recommendation engine based on your tastes...

      What you want to achieve is to cut off the RIAA's ear supply.

  5. Legitamate by mopslik · · Score: 5, Insightful

    If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance.

    I'm sure the RIAA will simply put a new spin on it, in a "we're not monitoring demand, we're monitoring privacy" kind of way. A legit use, but one that doesn't support file-sharing.

    1. Re:Legitamate by mopslik · · Score: 1

      Damn, that's obviously supposed to be "piracy". I need coffee. Or an "edit" button.

    2. Re:Legitamate by cloak42 · · Score: 3, Insightful

      Yes, but even if they are monitoring "piracy" as they would inevitably claim, they are profiting from that. So, in a sense, they are profiting from piracy, which they have always denied in the first place. Because they can use the statistics of piracy to help sell more albums (which, ironically, goes against what they say about how piracy prevents sales in the first place--what was that? You sell more albums when you put the more popular stuff on sale? Look at that!), they'll have a difficult time trying to tell the courts that there is no legitimate use for file-swapping.

    3. Re:Legitamate by 3terrabyte · · Score: 4, Funny

      Ironically, you said a mountainful in your typo!!! Awesome Freudian slip. You should definately porn more often.

      --

      Why are there only 19 people folding@home for slashdot?

    4. Re:Legitamate by mopslik · · Score: 1

      Yes, but even if they are monitoring "piracy" as they would inevitably claim, they are profiting from that.

      That's flawed logic, at best. By keeping tabs on who is leeching songs, the RIAA is not making a profit, they're simply keeping track of who is taking what. Downloading a song does not equal a sale (Apple's iTunes and similar services excluded), though it should also be pointed out that it may lead to one in certain circumstances. Furthermore, they have to pay for the statistics. I don't see how they're profiting from that.

      Because they can use the statistics of piracy to help sell more albums ... they'll have a difficult time trying to tell the courts that there is no legitimate use for file-swapping.

      Their argument would be more along the lines of "without P2P, there would be no piracy to have to combat in the first place".

      You may now begin your "exposure leads to more sales" rant...

    5. Re:Legitamate by mysticalreaper · · Score: 1

      Downloading a song does not equal a sale (Apple's iTunes and similar services excluded), though it should also be pointed out that it may lead to one in certain circumstances.

      Right. We know that, but that's not what the RIAA claims. They say 1 downloaded song equals $150,000 of damages. And i'm not exaggerating, either.

      Furthermore, they have to pay for the statistics. I don't see how they're profiting from that.

      They pay less for the stats than they gain from sales, otherwise it would be a useless cost to them, they would lose money. They wouldn't buy the stats if it lost them money.

      The point here is that information is power, and also money. Gaining information about illegal activities that you campaign against and then profiting off it is a pretty clear case of hypocrisy. It would be similar to MS saying Linux is the worst, but using ideas from Linux in their own products. It undermines their first claim.

      If p2p piracy nets the RIAA money, they why are they opposed to it? It can't be good AND bad for them at the same time. It's a pretty clear contradiction here, i'm not sure why you're saying the RIAA is right.

    6. Re:Legitamate by mopslik · · Score: 1

      i'm not sure why you're saying the RIAA is right

      I'm not. I'm simply pointing out that the original post based its arguments on a lot of "what if..." and "potential sale..." arguments, rather than looking at the fact that a significant portion of people download songs without ever paying a cent. Under that same reasoning, it's easy to play devil's advocate and say "what if there was no piracy, how much more would the RIAA net in the long run? If I compare that number to the 'with piracy' number, is piracy really beneficial?"

      It would be similar to MS saying Linux is the worst, but using ideas from Linux in their own products.

      Isn't that what often encourages innovative new ideas? Someone doesn't like the way something works, so they build something "similar" that operates under different conditions? Hypocracy, yes, but that's business.

      My argument is that, while P2P obviously nets the RIAA some amount of change, it's not that easy to claim that P2P gives them more in their coffers.

  6. Not true... by BlabberMouth · · Score: 5, Insightful

    having a legitimate use doesn't really have any legal effect. File sharing programs already have many possible legitimate uses. They have already quit trying to outlaw the file sharing software. Guns have legitimate uses, however if I use it to kill somebody that doesn't limit my culpability.

    1. Re:Not true... by boolean0 · · Score: 1

      However, THEY are using it for a legitimate use and are getting something out of it. That doesn't make it quite as 'evil' as they have been saying that it is.

    2. Re:Not true... by grendel's+mom · · Score: 4, Informative
      Wrong.

      From another Wired article:

      Hatch, well-known as an outspoken critic of peer-to-peer trading of copyright music, warned that if file-swapping networks do not rein in illicit porn trafficking, lawmakers "might have to do something detrimental."

      and

      Lawmakers said they intend to use information gleaned from the hearing to help gauge the need for new regulations to restrict file-trading activities or to increase liability of network operators to help eradicate downloading of illegal porn.

    3. Re:Not true... by stratjakt · · Score: 1

      Yep, and my hometown removed the public skate park (which was built with funds raised spearheaded by myself and a group of friends, we spent countless hours working with the police and town council to get some park land and whatnot to build it) In the end it just became a place that kids sold and used drugs.

      It was a bitch, it seemed so win-win, the cops didnt have to keep chasing us out of the mall parking lot, we got a place to skate. Unfortunately a bunch of assholes ruined it for everyone, and it's unlikely that the town will ever go for the idea again.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:Not true... by TopShelf · · Score: 1

      I like how the article says: "If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance."

      Does that mean that since there's a published report each year on the most frequently stolen cars, that somehow the automakers should soften their stance on car theft???

      --
      Stop by my site where I write about ERP systems & more
    5. Re:Not true... by digidave · · Score: 1

      In this case, the legitimate use is dependent on an illegal activity. The record companies must decide which is more valuable. I suspect that some will tell the RIAA not to sue violators of their copyrights while other record companies will still want to sue.

      --
      The global economy is a great thing until you feel it locally.
    6. Re:Not true... by Anonymous Coward · · Score: 0

      It would have a legal effect in that it would prevent a file-sharing network from being shut down for not having a "significant non-infringint purpose."

      This is what saved the Betamax from getting killed--it could be used to time-shift TV programs, not just copy and store them.

    7. Re:Not true... by kimgh · · Score: 1

      Automakers don't have a "stance" on car theft.

    8. Re:Not true... by Anonymous Coward · · Score: 0

      And if they do, it's "We don't give a fuck, because is lets us sell new cars."

      Come to think about it, that is a good demonstration why copyright infringement is not theft. If someone steals you car, you don't have it anymore. I'm fairly certain Lars still has the Metallica albums that are on my HD. (And if not, he can download them from me. :-)

    9. Re:Not true... by rmohr02 · · Score: 1

      Those are the opinions of Hatch and of Wired, but that doesn't make them right.

      For instance, it is not the responsibility of a web browser to rate the content that it is showing to the user. Nor is it the responsibility of the people who wrote the HTTP specification.

      Now, I realize that HTML can easily show a page saying that something is "adult material" or whatever, but there's no reason that can't be put in the info for a file.

  7. What they lose by mrtroy · · Score: 4, Interesting

    Seriously now, they lose a lot too.

    Sure, Joe Shmoe (haha it was funny on spike tv...but the guy looks handicapped so you feel guilty for laughing at him) anyways Joe Blow downloads some obscure song and buys the album...and it increases sales

    But 100 other people download albums and burn them instead of buying the CD. It is quicker for me to download and burn an album then to go to the store...and cheaper...so there isnt even much of a reason NOT to (aside from morals...but we all lost those a long time ago).

    Lucky I am Canadian...and pay that fee with my blank cds thats lets me more legally do that.

    The recording industry is losing a TON, just based on common sense and my personal practices, as well as those I know. "Dont buy that cd! I have it! I will burn you a copy in 30 seconds!"

    So, lets still feel a bit guilty, like laughing at the handicapped looking Joe Schmoe...but not guilty enough to stop doing it.

    --
    [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    1. Re:What they lose by Andy+Dodd · · Score: 4, Interesting

      "
      But 100 other people download albums and burn them instead of buying the CD. It is quicker for me to download and burn an album then to go to the store...and cheaper...so there isnt even much of a reason NOT to (aside from morals...but we all lost those a long time ago). "

      Which is why the RIAA is stupid for not looking at the success of the iTunes Music Store.

      Every attempt the RIAA has made at legitimate music downloading has proven to be LESS convenient for the user than the hassle of driving to a store and buying an overpriced CD with 10 crap filler tracks and one good song.

      Apple got it right. All the convenience, none of the guilt.

      Now if only us PC users could use it. (I know, I know, coming soon to a PC near you, but why the hell didn't Apple just make it web-based to begin with?)

      --
      retrorocket.o not found, launch anyway?
    2. Re:What they lose by ArmenTanzarian · · Score: 3, Insightful

      My personal belief on this is that when I was a college student (the vast bulk of my music downloading), I was too poor to buy CD's anyway. It didn't stop me from buying CD's, because I wasn't going to in the first place, it just helped me learn more about music. Now that I have money, I would gladly pay a reasonable price to support the artists I like, but the RIAA had to be jerks about it and come out to prosecute people who're in the same boat I was. Or even worse boat for that matter, freakin' 12 year old girls in the projects who need $2000 a lot more than Justin F'in Timberlake!

    3. Re:What they lose by DeltaSigma · · Score: 2, Funny

      Dear Fellow Slashdotter,
      It has come to my understanding that you use your own knowledge, morals, and experience to represent the other six billion people on earth.

      Please do not program, or pursue a career in programming.

      Thank You,
      DeltaSigma

    4. Re:What they lose by mrtroy · · Score: 1

      Dear Fellow Slashdotter, Thank you for your sound advice and reasoning. This Slashdotter will no longer use his/her own knowledge on particular matters to form an opinion, nor morals or experience. He/she will also cease to attempt to represent the average first world citizen with access to luxuries (which is far less than six billion people) with his/her knowledge/morals/experience as well.

      However he/she shall continue his/her career in programming until a suitable replacement job is found by DeltaSigma ("You"). The replacement job must be of the same wage, enjoyment and satisfaction, as well as be at the same location with the same people at the same desk with the same computer doing the same thing.

      Thank you, Mr. Troy

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    5. Re:What they lose by MImeKillEr · · Score: 1

      Lucky I am Canadian...and pay that fee with my blank cds thats lets me more legally do that.

      We all pay a fee on blank media as well as writers, which goes back to the record companies we just don't get the same legal 'right' Canadians do with P2P.

      This was discussed in other RIAA/P2P threads here. Anyone got that info handy?

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    6. Re:What they lose by DeltaSigma · · Score: 1

      I figured you were a programmer. I mean who else would use themselves as a model for the rest of humanity, even when it's obviously a poor assumption?

      Consider that, as you stated, you live in a country which has enacted law that enables you to "legally" breach "copyrights." In other words, you've no fear of being sued, and you have every reason to believe that the money you spend on blank media goes to support the artists of songs which you are recording on said blank media.

      Now, isn't it within the realm of possibility that your lack of guilt regarding copyright infringement is the product of the laws your country has enacted? Isn't it reasonable to believe that occupants of other countries which have not taken such action might act differently? Is it smart to use yourself as a model for everyone else, *especially* when you occupy such an uncommon position?

      No, it isn't.

      And as a programmer you should know that it's bad form to assume your user knows what you know. It's a bad idea to believe they've the same experiences you do, and will thus operate software you construct the same way you would.

      It's the same thing here, that's my point.

    7. Re:What they lose by TwistedGreen · · Score: 1

      aha it was funny on spike tv...but the guy looks handicapped so you feel guilty for laughing at him

      no i don't. ;)

    8. Re:What they lose by Noren · · Score: 1
      Sure, he's generalizing from a single example, but everyone does that.

      I know I do.

    9. Re:What they lose by mrtroy · · Score: 1

      uwaterloo? what do you do there good sir!

      *speaking as a 3rd year CS student*

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    10. Re:What they lose by xanadu-xtroot.com · · Score: 1

      The replacement job must be of the same wage, enjoyment and satisfaction, as well as be at the same location with the same people at the same desk with the same computer doing the same thing.


      Do I get a Red Swingline Stapler?

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    11. Re:What they lose by Jucius+Maximus · · Score: 3, Insightful
      "Now if only us PC users could use it. [the iTunes music store] (I know, I know, coming soon to a PC near you, but why the hell didn't Apple just make it web-based to begin with?)"

      Apple cares a lot about user experience. If they made it web based, you know that someone out there will try to access it using netscape 4 and complain about javascript problems or whatever. You'd get all these applications hijacking the browser helper associations and all that. And people would never know where they downloaded their files.

      Using iTunes to access the iTMS gives a very consistent way of finding, searching for, downloading and playing the music. It avoids all browser problems, user-incompetence-in-file-management problems, etc. This is one of the reasons why Apple 'got it right.'

      And sadly, even though I do have a mac, I can't buy anything at the iTMS because I don't have a billing address in the USA. I hope they expand it to Canada. And soon.

    12. Re:What they lose by Kombat · · Score: 1

      Lucky I am Canadian...and pay that fee with my blank cds thats lets me more legally do that.

      WRONG. The CD levy in Canada does not make it legal for you to download and burn music. It only makes it legal for you to borrow a CD from a friend and copy it. It does not extend do copies (meaning you cannot copy a copy - you have to borrow the original and copy it). And you have to do the copying yourself - your friend is not allowed to copy one of his CDs for you and give you the copy.

      Reference: http://neil.eton.ca/copylevy.shtml

      --
      Like woodworking? Build your own picture frames.
    13. Re:What they lose by HiThere · · Score: 1

      And an even better reason:
      Apple is a hardware company more than a software company. They make software to help themselves sell more hardware. Why, then, *SHOULD* they make it easy for PC users to access it?

      That said, if it turns into a significant cash cow, they probably will port it to other platforms. But not until it's sold all the Macs it is going to sell.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    14. Re:What they lose by wojie · · Score: 1

      the problem is not that it is more convenient to download music from p2p. it's that it's cheaper. :) let's face it, no matter what sales model is going to be invented, it will never sound more appealing than free music.

      truth is that the record industry HAS lost 30% of sales because of this, and the law actually does say it's stealing -- just like stealing cars. the issue of copyright infringement has been debated for a very long time, and has been settled.

      in the case of this search database, they're just trying to make the best of a very horrible drop in sales, caused entirely by theft.

      there is no debate over whether downloading music without paying for it is illegal; it IS. the question is how far can the industry go to prevent such theft --- and here is where the debate really begins.

      i predict that the RIAA will be entirely successful in scaring off the average parent of the average 12 year old. and hopefully that will bring enough of the profit back into recordmaking to allow the rest of us (poor students) to go on what we've been doing since the inception of the internet.

    15. Re:What they lose by TwistedGreen · · Score: 1

      hi! i'm a 2nd-year CS student. currently taking CS246. what's up?

    16. Re:What they lose by hesiod · · Score: 1

      > the law actually does say it's stealing

      What law says that?

    17. Re:What they lose by TheDukePatio · · Score: 1
      I'm still wonder if, just if, the reason that CD sales are declining is because folks preview a song and decide not to buy the CD. Their reason for not buying the CD:

      THE BAND SUCKS!

      Could it be that if the record labels signed artists with actual talent we might be inclinded to buy their stuff as opposed to the overly produced pre-pubecent bubble-gum punk-wannabe ghetto street cred crap that gets marketed today?

      --
      To Alcohol! The cause of, and solution to, all of life's problems.
    18. Re:What they lose by Anonymous Coward · · Score: 0

      Does no-one else care about audio quality??? I can think of nothing worse than having a whole lot of lossily-compressed sucky sounding music on my shelves or on my drives. Given a choice between downloading a compressed file or paying a reasonable price for a raw PCM bitstream (i.e. CD), I would go for the PCM every time. My main problem is the utterly horrific prices for CDs. I don't know if that's just a South African problem. Price is *purely* the reason why I haven't bought a CD in the last 3 months.

    19. Re:What they lose by Jucius+Maximus · · Score: 1
      "And an even better reason: Apple is a hardware company more than a software company. They make software to help themselves sell more hardware. Why, then, *SHOULD* they make it easy for PC users to access it?"

      Because the PC users will buy iPods of course. That's where the real money for Apple is with the iTMS.

    20. Re:What they lose by wojie · · Score: 1

      i'm not sure what it is down the the states, but up here in canada it's a federal law.

      try this page for a start:
      http://stu.wccnet.org/~hn104/inp220/cases. htm

    21. Re:What they lose by hesiod · · Score: 1

      > up here in canada it's a federal law.

      I should have been more specific in my retort. I wasn't arguing that it wasn't illegal, but the original poster said:

      > the law actually does say it's stealing

      The law does NOT say that it is "stealing." The law says it is illegal copyright infringement. Yes, this is arguably semantics, but I don't like the insinuation that people sharing music are the same as shoplifters or petty thieves. We are infringers -- more classy. ;)

      Thanks for the link, though.

    22. Re:What they lose by mrtroy · · Score: 1

      which prof?

      i took it last term...

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    23. Re:What they lose by Andy+Dodd · · Score: 1

      Let's face it. There are plenty of people who will NEVER buy a Mac.

      If I ever buy one, it'll be used. (If only iTunes 4 would run on some of the cheaper used Macs...)

      But iTMS can be (and already has proven to be) a major cash cow for Apple.

      And so has the iPod... Many people who in the past never would have bought an Apple product have bought an iPod. I've been seriously considering doing so myself, and being able to buy music for it with iTMS would probably push me over the edge on that decision.

      --
      retrorocket.o not found, launch anyway?
    24. Re:What they lose by Andy+Dodd · · Score: 1

      True, it is cheaper.

      Whether it is more or less convenient than going to a store and buying a CD is iffy.

      Now, iTMS is FAR more convenient than either approach, and is not nearly as overpriced as CDs either.

      Most importantly, I can buy just that "one track" I like, rather than paying for 10 songs, only one of which I actually like.

      If only the cable companies would learn this too. The reason I don't have cable is because basic cable isn't worth the (minimal) cost because I can get BETTER quality over-the-air (ATSC tuner), and because I don't want to pay $40/month just to add the 2-3 channels I like and 30 channels (10 of them being ESPN and relatives) I don't care about. If I could pay for basic cable and then subscribe to the 2-3 channels I want for a few bucks a pop, I'd call up Cablevision in a heartbeat.

      --
      retrorocket.o not found, launch anyway?
    25. Re:What they lose by TwistedGreen · · Score: 1

      Simpson. I don't think he's taught it before... Mavaddat is teaching the other sections.

    26. Re:What they lose by Anonymous Coward · · Score: 0

      Obligatory Anti-GoogleBomb: Fair and Balanced

  8. Great business model. by grub · · Score: 5, Funny


    1- The RIAA can tell what is popular via a digital pulse on the wrist of P2P users.
    2- The RIAA pushes stations to play songs that are popular downloads.
    3- The RIAA members get listeners in cars and offices.
    4- The RIAA members sell more discs.
    5- The RIAA sues 12 year olds and tries to slash the wrist mentioned in 1 above.

    No wonder there's no:
    6- PROFIT!

    --
    Trolling is a art,
    1. Re:Great business model. by DRAGONWEEZEL · · Score: 1, Funny

      that's cause profit is supposed to be step three, and step one is collecting underpants.

      YOU INSENSITIVE CLOD!

      --
      How much is your data worth? Back it up now.
  9. By what logic? by stratjakt · · Score: 2, Interesting

    If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance

    Right, and insurance companies get info on which vehicles are most popular, based on the ones that are stolen more frequently. They can adjust insurance rates accordingly.

    Therefore it undercuts their case when an insurance company goes after a thief or vandal to recoup damages they've paid out.

    Quit trying to justify widespread copyright infringement. Stations get the same info based on surveys and call-in request hours.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:By what logic? by MImeKillEr · · Score: 4, Insightful

      You're missing the point. Your analogy doesn't really fit.

      In your scenario, the insurance companies would be going to the car thieves themselves to get information on which cars are most likely to be stolen and then increasing the number of billboards or commercials for said vehicles, in an attempt to get car thieves to go legit.

      What the RIAA is doing is scraping the lists to see whose stuff is getting "pirated" the most so they can increase marketing and airplay for that "artist" - thus making the case that there is actually a legitimate use for P2P -- something they've been campaigning against all along. So, if there's a legit use for it, this lessens the chance of P2P being outlawed completely.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    2. Re:By what logic? by Anonymous Coward · · Score: 0

      Big deal... It is not a physical product you are stealing... It is a bunch of 1's and 0's, Do I have to stop making a hamburger because McDonalds makes them? Or do I not have to pay a royalty? How come I can copy my vhs tapes and give them away, but now I can't with music. I don't care about the digital and analog part. I am interested in just sharing.

    3. Re:By what logic? by Anonymous Coward · · Score: 0

      How come I can copy my vhs tapes and give them away

      You cant. Whoever told you that was wrong. To a limited degree, you may loan out your vhs tape, and the person borrowing it may make a copy for personal use only, but you may not distribute anothers work.

      It is, however, unlikely you'd be on anyone's radar if the scale on which you did so was so small, like one or two copies. But if you're on Kazaa with a fat connection, the one or two copies to friends becomes one or two thousand copies. Then you get sued.

    4. Re:By what logic? by grendel's+mom · · Score: 3, Insightful
      You missed the point. You are confusing the data with the method of aquiring the data. The RIAA has said that there is "no use" for p2p networks except copyright infringment (and porn). If they are using the networks to obtain marketing data, it's knid of hard for them to continue with this argument (which is kind of irrevelant anyways).

      Not that anyone really cares if they are using p2p networks. As far as I'm concerned, maybe it will help them weed out the no-talent-ass-clowns that are making all of the crap records today.

    5. Re:By what logic? by poot_rootbeer · · Score: 1

      What the RIAA is doing is scraping the lists to see whose stuff is getting "pirated" the most so they can increase marketing and airplay for that "artist"

      Which is like an insurance company reading through police reports to see what kinds of cars are stolen most frequently, and adjusting their rates.

      The original analogy stands! *blows whistle*

    6. Re:By what logic? by stames · · Score: 1

      This is garbage and it's being propagated all over this thread. The difference is that the vast majority of car theives steal cars for profit. The vast majority of 12-year-old girls do not download Britney Spears songs for profit. They're not resellers. In the unlikely case that p2p does go away, it will just piss people off and drive up sales of bootleg albums and the RIAA will have an even bigger problem on their hands.

  10. what the RIAA gets by pauly_thumbs · · Score: 0

    is the ear of congress and our lawmakers using scare tactics and commericals with ben affleck telling people not to pirate -- it's just an excuse to legislate and gain more power by scaring people. I don't belive that file sharing effects peoples pocketbooks as much as they'd like us to belive -- it's about control and power.

    1. Re:what the RIAA gets by mrtroy · · Score: 3, Funny

      I read that as telling ben affleck not to talk like a pirate.

      Maybe because Talk Like a Pirate Day is coming up!!!

      Arrrr d'er is a mighty fire 'n my belly for downloading dat goobly goop!

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
  11. This is news? by tarnin · · Score: 4, Insightful

    We kinda already knew this. Many people go out and buy music based about what they download from p2p networks. I myself have done that.

    Again though, this isnt in the main stream media so it will make little impact against this constant onslaught of press the RIAA is getting. We need more stories like this to come up on 60mins and the local news to debunk the crap that the RIAA is spewing forth.

    I have written to my local news stations around my area about the other sides to many of the RIAA and DMCA related stories and havent even gotten back a form letter reply. I have done this via e-mail and snail mail. Looks like they really don't care to be objective (I know, I know, Thank you Captain Obvious!).

    1. Re:This is news? by jt2190 · · Score: 1

      You don't get on the news by writing letters. You get on the news by "making news."

    2. Re:This is news? by tarnin · · Score: 1

      "You don't get on the news by writing letters. You get on the news by "making news."" I don't want to get on the news, I just want other news broadcasted, like this wired article. Big difference there.

    3. Re:This is news? by EddyMerckx · · Score: 4, Interesting

      I wonder if the worry of the RIAA over file sharing is its effect on the purchasing habits of the current generation of teenagers. I may download a couple of songs off an ablum to see wether an alblum is worth buying and I know I have increased the number of alblums I have bought in the past year.

      However, my younger brother and sister have had napster, kazaa, etc available since before they ever started buying CDs. So the don't buy anything as they were never used to buying CDs.

      It would be interesting to see any sort of statistics on the number of CDs bought by people 12-17 or 18-24 before widespread file sharing and after. It would easily show if file sharing is helping or harming the industry.

    4. Re:This is news? by commodoresloat · · Score: 1

      I wrote an email to my local news stations too. Something about a Wicked screensaver....

    5. Re:This is news? by Wylfing · · Score: 1
      Many people go out and buy music based about what they download from p2p networks. I myself have done that.

      Yes, me too. Maybe this is a hint about how the RIAA could push something softer into legislature. What if it was legitimate to trade music below a certain sampling rate, i.e., radio quality or lower? Then it would only fall into the category of a copyright offense if you shared high-quality tracks. Seems like both ends of the spectrum get served by that.

      Note I'm not saying "make a law against sharing high-quality audio." If the copyright holder wants to share high quality stuff, go for it. I'm only saying you cannot be sued for sharing low quality tracks.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    6. Re:This is news? by Jardine · · Score: 1

      I live in the boonies but I also have a decent internet connection. The closest store that sells CDs is 10-15 minutes away by car. So here are the steps for a teenager in my neighbourhood to buy a CD.

      1. If they have a car, start driving. If not, ask to borrow the car or get a ride.

      2. Drive for 15 minutes and find a parking spot.

      3. Walk into the mall and get to the store which sells the CD you want.

      4. Find the CD, get in line, pay $15-$20 for the CD.

      5. Walk back to the car, drive back home for 15 minutes. If the car has a CD player, play the CD. If it doesn't wait until you get home to play it.

      Here's the steps for a teen to download the music.

      1. A one-time step. Get Kazaalite, a Gnutella client, whatever p2p client you want.

      2. Search for the song.

      3. Download the song.

      4. Listen to the song. If it's misnamed, download another search result and listen to that.

    7. Re:This is news? by jt2190 · · Score: 1
      Well, you're wasting your time writing letters to newsrooms.

      The typical newsroom is innundated with press releases, letters, and reports coming across the wire. Believe me, if the reporters glance at your letter, they say to themselves, "Good point, but where's the story?" (That's why car accidents and fires are on the news and boring old town council meetings aren't.)

      --Captain Obvious

  12. Not quite right by Anonymous Coward · · Score: 0

    If they used the P2P date to figure out which CD's to, say... copy protect, that'd be a decent analogy. This is more like the car makers figuring out which cars are stolen in an area, then putting more of them on sale. Of course, we're talking about two different things with hugely different costs, not to mention the fact that one is real property and one is "intellectual property."

    1. Re:Not quite right by drakaan · · Score: 2, Funny

      And not to mention the fact that after your car is stolen, you no longer have your car.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  13. I wouldn't leap to conclusions. by Meat+Blaster · · Score: 4, Insightful
    I used to visit isonews (before it was shut down, of course) because a lot of their forum users would download and play warezed games and knew what was worth spending your time on and what wasn't. It didn't mean that I supported piracy, but it did mean that I was able to take advantage of a resource created by people who did in order to choose what to spend my money on and which games to skip entirely.

    My guess is that they'd be fine with losing this resource if it meant people would stop downloading music that didn't belong to them, but as long as the latter keeps occurring they might as well take advantage of the statistics they can generate from it. Lemons, lemonade.

    1. Re:I wouldn't leap to conclusions. by grub · · Score: 1


      You should jump to conclusions

      --
      Trolling is a art,
    2. Re:I wouldn't leap to conclusions. by dolo666 · · Score: 5, Insightful

      Ah, but the RIAA don't want informed shoppers, because that would mean that Indies would actually become a new, global competitor with the power of the people behind it, instead of just cash.

    3. Re:I wouldn't leap to conclusions. by frieked · · Score: 2, Informative

      FYI Isonews still lives

      --

      I have often regretted my speech, never my silence.
      -Xenocrates
    4. Re:I wouldn't leap to conclusions. by Anonymous Coward · · Score: 0

      The content of your post is interesting, considering the subject of your post.

    5. Re:I wouldn't leap to conclusions. by Mr_Silver · · Score: 1
      FYI Isonews still lives

      I looked at it and I'm a little confused. All it seems to be is a database of nfo's. There is nothing there to indicate how you get hold of the game, it does tell you who cracked it and how big it is, but save for a link to the EB store - you can't actually get hold of the thing.

      If this is the case for the original site - why was it shut down?

      --
      Avantslash - View Slashdot cleanly on your mobile phone.
    6. Re:I wouldn't leap to conclusions. by Overly+Critical+Guy · · Score: 1

      Or, maybe they just don't like their stuff being put online for free and downloaded without being paid for.

      Take off your tinfoil hat.

      --
      "Sufferin' succotash."
    7. Re:I wouldn't leap to conclusions. by Anonymous Coward · · Score: 1, Informative

      It never was shut down. ISOnews was in bad terms with their hosting service. ISOnews got another hosting service, and the old one wouldn't give the old url back, just to be an asshole. For a long while they actually had in www.isonews.com a page that said ISOnews had been shut down by law enforcement, from which the misconception stems. NFOrce is a better site anyway, ISOnews by default reports releases later and has less stuff. ISOnews forums are more useful, though.

    8. Re:I wouldn't leap to conclusions. by Powercntrl · · Score: 1

      Ah, but the RIAA don't want informed shoppers, because that would mean that Indies would actually become a new, global competitor with the power of the people behind it, instead of just cash.

      I wish this stupid indie comment that seems to come up every time the downfall of the RIAA is mentioned would just die a quick death.

      What exactly needs to change with P2P networks for indie bands to become more popular? Let's see... Uh... How about nothing? We have P2P, it works, there are files on it. Why is indie music so unpopular?

      Because most people still find out about new music through the traditional RIAA-controlled mediums of promotion: Radio and TV.

      The issue with P2P is that the RIAA is does NOT want to sell its promotional material - they want to sell albums. Traditionally, if you heard a song on the radio you liked, you could either record it and deal with the DJ talking over the song or the crossfading into the next song, you could try to buy the hard-to-find single if one even existed, or you could take the route that gives the RIAA a colossal chubby and buy the expensive album that very likely only has 2 or 3 good songs on it.

      Enter P2P and people can now download near-CD quality copies of the promtional material on the radio, find out which albums SUCK and download the albums they do like without paying for them. The RIAA is upset over the loss of control of THEIR music, it has nothing to do with indies.

      Pretty much all I ever download from P2P is just the same stuff on the radio so I can burn CDs and listen to current music without commercials and the DJs talking or doing traffic reports all over half the song. While I have noticed some sites starting to allow free downloads of promotional tracks, usually it's in a DRM'ed format like WMA or Real or there's some release date bullshit or the band doesn't want their tracks being downloaded or... I can go on P2P get the track right now, in an open format that I can copy as much as I want and won't expire and the only downside is a slightly better chance of getting sued than winning the lotto.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    9. Re:I wouldn't leap to conclusions. by Oscar_Wilde · · Score: 1

      Exactly. This is why people need to start using tools such as iRate Radio and help kill of groups such as the RIAA.

      Collaborative filtering is most probably the future of music distribution.

  14. Their own short-term greed... by Thumb-One · · Score: 1

    ...will undermine their long-term legal case. I love it.

    --
    This is only a test Sig. If this were a real Sig, it would be witty, pithy, or rude, just like all the other Sigs.
  15. Other benefits.... by kneecarrot · · Score: 5, Interesting

    There are certainly other benefits for the music industry from P2P sharing. For the artists, especially those who aren't part of the small handful of superstars who get massive marketing, it allows their music to be heard. Typically only a few songs by smaller artists are available via P2P, so if there if a downloader who likes the music, they must purchase a CD if they want to hear more. This theory is based only on my own experiences for a dozen or so smaller artists whom I "discovered" through Kazaa and then bought CDs for.

    --

    I always save my last mod point to mod up a good troll. You people are too serious.

    1. Re:Other benefits.... by HutchGeek · · Score: 1
      For the artists, especially those who aren't part of the small handful of superstars who get massive marketing, it allows their music to be heard.

      Even better - let those small artists, or new artists looking for contracts, use the reports to either land new contracts, or to push their labels/agents to make the song get more airplay. The way the industry is now, the release of songs, decision of what going to be played, etc. is all controlled by the labels, and the person they have working the artist. What's more objective - the public who listens to what they like, or some putz behind a desk?

  16. And yet... by Pegasus+Team · · Score: 1

    They blame piracy for their declining profits...on riaa.com (presuming, of course, that it's up), right under the article about suing the next batch, they blame piracy for their declining profits...how about they start looking in their lawyers' wallets?

    This can't be cheap for them to continue this way - suing everyone and their 12-year-old child. It's only a matter of time...

    --
    Go on, prove me wrong. Destroy the fabric of the universe. See if I care. ~Terry Pratchett
  17. In other news... by Anonymous Coward · · Score: 5, Informative

    Lawsuit Filed Against RIAA Amnesty Program

    Contributed by Mike on Wednesday, September 10th, 2003 @ 03:00AM
    from the coming-from-all-angles dept.
    Even more backlash against the RIAA. I'm really surprised that this hasn't gotten more attention. The story is being squeezed in on some copies of the AP report about the RIAA's settlement with the 12-year-old "threat to the future of the music industry", but a California lawyer has apparently filed a lawsuit against the RIAA (warning: PDF file) for their "amnesty program", claiming that it is "unlawful, unfair and deceptive". The lawyer points out that the RIAA does not provide any actual amnesty in their offer. If the offer really is deceptive, then it seems like the sort of thing the government should step in and point out - but it is nice to at least see a lawsuit bringing more attention to the ridiculousness of the amnesty offer. Found via JD Lasica.

    1. Re:In other news... by Anonymous Coward · · Score: 0

      You can't file a lawsuit for something that hasn't happened. What damages is this guy going to prove? Some dumbass lawyer tries to get publicity by starting yet another frivolous lawsuit and we are supposed to care?

    2. Re:In other news... by Anonymous Coward · · Score: 0

      See

      unlawful, unfair and deceptive

      You can sue without having suffered any damages - its a pre-emptive strike.

      I suspect you're just a dumbass foreigner who doesn't understand the US courts.

    3. Re:In other news... by stratjakt · · Score: 1

      He's suing to get an injunction to stop the RIAA from doing the amnesty thing.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:In other news... by Mike+Hawk · · Score: 1

      I agree with the sentiment, but this is a CA lawyer we are talking about.

      Let me tell you about a power that CA lawyers have that is unique in the US. They can sue alledging fraud on behalf of consumers, without any actual fraud taking place or even alledged by a consumer who has done business with that company. Basically they can act as Attorney General and sue on behalf of "the people." How this plays out is a law firm sends out a bunch of random letters to random mom-and-pop businesses saying pay us $3000 not to sue you cause you commited fraud. The LATimes revently reported that one law firm finally got disbarred for this when they accidently sent a letter to a mom-and-pop-"like" business that was actually owned by Firestone, who was obviously able to fight. And again, this is something only possible in California.

      Long story short, I would be much more comfortable if this originated in another state. This sounds too much like the pot calling the kettle black.

  18. Not not true by Anonymous Coward · · Score: 0

    This matters because it's a legitimate use FOR the RIAA. They can't continue arguing that there are no legitimate uses when they have one themselves.

    1. Re:Not not true by Anonymous Coward · · Score: 0

      Are they still arguing that there is no legitimate use? I thought that was when they were trying to shut down Kazaa completely. I thought they gave up on that and started suing individual users instead.

  19. Nah, it doesn't hurt their stance by Urkki · · Score: 0, Redundant

    I mean, it's about same as if some company made statistics about stolen stuff (I mean stuff that can be stolen in the legal sense of the word). If that company sold their results to other companies for marketing research, I don't think that would be an argument in favor of allowing theft...

    So why is RIAA compromising their position if they get statistics on P2P copyright infringement, even if it is for marketing purposes?

    1. Re:Nah, it doesn't hurt their stance by stratjakt · · Score: 1

      Lots of companies do that.

      The management at WalMart knows what to put anti-theft tags on, which aisles to focus the camera's on, etc.

      Why should that undermine their ability to prosecute/sue shoplifters?

      This is just more pontificating trying to justify P2P based piracy.

      --
      I don't need no instructions to know how to rock!!!!
  20. Bullshit by meshko · · Score: 0, Troll

    I'm sorry, but this is bullshit.
    I don't like copyright. I don't like RIAA. I don't like people who sue 12 year olds. I don't like the way they treat people. I think both we (customers) and artists will be better off when music industry as we know it is gone.
    That was a disclaimer.

    Now I find the attitude of most people to this question completely fucked up. Like this article for example. Sharing files is illegal. They have every right to prosecute. We need to change system so that it will be legal: direct music distribution from artist to customer, micropayments, whatever (if I knew the right way I would be a fucking billionare by now). Saying that RIAA can't sue people who steal (yes, yes) from it just because it uses the information about stealing is bullshit. You know, there is this statistic published -- the most stolen vehicle in the US. Does this make stealing cars legal?

    --
    I passed the Turing test.
    1. Re:Bullshit by Anonymous Coward · · Score: 0

      Statistics show that blacks are more likely to be the victim of homicides. So that makes it OK to kill blacks!

      Right on!

    2. Re:Bullshit by Exatron · · Score: 3, Insightful

      No, sharing files is not illegal. What's illegal is sharing somebody else's files without permission. The RIAA wants people to believe that the act of filesharing itself is illegal in order to protect its outdated business model, just like how they want people to equate copyright violations with theft.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    3. Re:Bullshit by 3terrabyte · · Score: 1
      if I knew the right way I would be a fucking billionare by now

      No, you'd be sued and go bankrupt. Just ask mp3.com

      --

      Why are there only 19 people folding@home for slashdot?

    4. Re:Bullshit by meshko · · Score: 1

      what? can you elaborate on that please? When people say "sharing files" they mean "sharing an mp3 file with Britney Spears song without her permission". The file itself doesn't belong to anyone. It's just the media. It's legal to sell copies of blank CDs (if you find customers) but is it legal to sell (or give out for that matter) CDs with copies of Windows XP? Either you are just nitpicking pretending that "sharing files" doesn't mean what it does, or I don't understand your argument.

      --
      I passed the Turing test.
    5. Re:Bullshit by shark72 · · Score: 2, Insightful

      "The RIAA wants people to believe that the act of filesharing itself is illegal in order to protect its outdated business model, just like how they want people to equate copyright violations with theft."

      Interesting, I can't believe they'd try something like that. Do you have a citation for that? A link to an article where a representative of the RIAA states something that implies that file sharing is intrinsically illegal?

      I think this is largely theoretical, as the P2P networks and copyright violation are fundamentally linked. If, magically, all unauthorized copyrighted files disappeared from the world's P2P networks, the content offered would probably drop to a microscopic percentage of its current size, and so would its usage. Unsigned musicians would still use it to actively get their tunes heard, and /.ers would use it to share GPL and shareware stuff, but Joe and Jane Average Teenager would quickly flee. Companies like Kazaa which have built businesses around P2P would their business model radically changed. Does anybody disagree?

      --
      Sitting in my day care, the art is decopainted.
  21. Re:RIAA is GOD by Anonymous Coward · · Score: 0

    I, for one, welcome our new record executive overlords.

  22. Actually... by Anonymous Coward · · Score: 0

    ...I think you hit the nail on the head in your first post!

  23. Real Business Model... by Anonymous Coward · · Score: 0

    Here is how I could really see them working it...

    1) study which songs are downloaded
    2) play on radio more so more people download
    3) sue innocent unknowing downloaders for thousands more than they would have spent on CDs!

    Law suits necassary but crazy.. and its even crazier people can actually make stable profit from them!

  24. Re:I love you Kim! by Anonymous Coward · · Score: 0

    GIS Search for Kim Delaney

    Dude, you could do better.

    But I guess you could also do worse too.

  25. It's not the labels doing the suing by Kombat · · Score: 1, Interesting

    The RIAA is launching these lawsuits, not the RIAA. This is like saying that Microsoft wants to know which of its programs are most frequently pirated, therefore it is hypocritical of the BSA to try and stop software piracy. Not quite.

    Also, this could turn out to be somewhat of a "self-fulfilling prophesy." People tend to search out and download the latest tunes they hear on the radio, so the radio plays more of those tunes, so more people share and download them, so the radio plays ....

    --
    Like woodworking? Build your own picture frames.
    1. Re:It's not the labels doing the suing by Kombat · · Score: 1

      The RIAA is launching these lawsuits, not the RIAA.

      Doh! That second "RIAA" should be "labels". I don't even think "Preview" would have helped me there, my head just wasn't on straight.

      --
      Like woodworking? Build your own picture frames.
  26. New business model by cybermace5 · · Score: 4, Interesting

    Just let people download all the music they want.

    Then, market CDs as gifts...nothing says "I love you" like a new original CD, instead of a home-burned one with a Sharpie-scrawl label. They could even go for the Hallmark market share, or perhaps go into Valentine's candy boxes with a CD inside, surrounded by chocolate. Employees can be rewarded not with a simple "You're #1!" keyring, but a "You're #1!" keyring which is also a mini-CD single with their favorite song!

    "Say it with a CD," that's the ticket. Just watch out for proper etiquette: an "I'm sorry honey" CD-bouquet should not include the song "Oops! I Did It Again."

    --
    ...
    1. Re:New business model by Dieppe · · Score: 1

      Come Valentines day remember, "A CD Lasts Forever!" If the RIAA catches you with illegal songs, however, it'll cost more than 2 months of your salary!!! *smirk*

    2. Re:New business model by Anonymous Coward · · Score: 0

      -1 Retarded.

    3. Re:New business model by cybermace5 · · Score: 1

      You nailed it, this was supposed to be funny!

      --
      ...
    4. Re:New business model by cybermace5 · · Score: 1

      Hey mods...drink more coffee! I wasn't being serious. I guess dry American humor doesn't work...everyone thinks you really mean it.

      --
      ...
    5. Re:New business model by cybermace5 · · Score: 1

      I think the mods "Interesting"-ed this instead of "Funny"-ed it because the first sentence was "Just let people download all the music they want."

      *moderator's eyebrows flicker* "Ooooo, interesting!"

      --
      ...
    6. Re:New business model by usurper_ii · · Score: 1

      I agree that burned CDs just don't cut it as gifts at Christmas time and if I plan on giving music still buy orginal CDs. However, I get something I was kind of wanting too and burn a copy of it before I wrap it up!

      usurper_ii

    7. Re:New business model by broken.data · · Score: 1

      Who the hell do you think this is? DeBeers?

    8. Re:New business model by Bendebecker · · Score: 1

      Why not just drop the price of the good box sets (like the led zepplin with the crop circles on the cover) to reasonable prices (5-10 for every cd in it) and just drop regular cds all together? Let the consumer download all the music they want in mp3's but if they want the good version with all the linear notes and stuff they have to go out and buy it. I wouldn't mind paying 20-30 for a good box set (but I am not going to pay 80). The RIAA has to increase the quality of the products they produce if they want to hang onto sales. For the last 15 years the quality of cds haven't gone up at all (in fact they've gone down, cause the music now sucks) and yet they still expect us to pay even more for them. That's a failing business model if I ever saw one. No one in their right mind (or without money to burn) is going to pay 23-25 bucks for just some cd. Everytime I go to the music store and see ppl shelling out loads of cash for britney spears cds i get this mental image of the old loonie tunes cartoon where the granny inherits a fortune and she is sitting in her room chucking money in the fire instead of logs.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
  27. My Defense by dolo666 · · Score: 2, Insightful

    A) I am getting this document and all the comments here and putting it aside as my defense if I'm ever accused of P2P downloading of copyright material.

    B) Let's just face it, it's the new radio.

    C) I'll countersue for obstruction of justice.

    1. Re:My Defense by Overly+Critical+Guy · · Score: 1

      Let's just face it, it's the new radio.

      Radio stations pay for their music.

      You can't call up a radio station and ask them to play any whole CD you want so you can tape it.

      p2p lets you grab entire CDs at very close to CD quality, any CD you want to find. Almost perfect dupes. How can you not see the difference here? Are you that blinded?

      --
      "Sufferin' succotash."
  28. It Figures. by Anonym1ty · · Score: 3, Interesting

    The RIAA is getting it both ways. They can use P2P as their own little advertizing mechanism and for demographic research aswell. Plus they can use it as a way to rake in money from the lawsuits that follow.

    Have they sued any Time-Warner Customers yet?

    1. Re:It Figures. by Anonymous Coward · · Score: 0

      Correct me if I am wrong but that 12 yr old was from Manhattan which is Time Warner Cable territory. I believe RCN also offers service, though.

    2. Re:It Figures. by Kirth+Gersen · · Score: 1

      My own guess is that the real target of this move is not individual file sharers but ISPs.

      Look at it this way: some estimates say more than half an ISP's bandwidth is file sharing. How tough can it be for an ISP to set up its own filesharing box inside its network, so all its users (unknowingly -- the ISP can easily spoof the IP) can use it for high-quality warez that don't cost the ISP a penny in uplink charges? And there's *millions* in those uplink charges.

  29. Interesting dilemma by Anonymous Coward · · Score: 0
    If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance.

    But it will also increase their profits. So who's going to win - money or the law? I'd bet on money, but I'd also bet on a period of schizophrenic behaviour while the RIAA tries to figure out which side it's bread is buttered on...

  30. Vile? by lord_paladine · · Score: 1

    Is this a vile practice? Yes. Is it illegal for the RIAA to do? No. They are liars and hypocrites, nothing new about that.

  31. what the get out of it? by sewagemaster · · Score: 0



    absolutely nothing!they still aint gettin any!

    1. there's the company BigChampagne, but there still aint no sex in the champagne room
    2. it's all about p2p! it's THE future! when music is forbidden to be downloaded off p2p, it'll go back to it's original purpose - to share hardcore pr0n. people will go back to downloading pr0n off kazaa - while most of us still aint gettin any.

    Q.E.D :D

  32. question: how could this work? by mydigitalself · · Score: 3, Interesting

    i can see how they can get indexes of what is being shared by who, but how (do you think) they are able to monitor the queries. i was thinking one of two:

    a) sniffing traffic
    b) they have deals with kazaa (etc) master servers and get their logs

    any other ideas - or facts?

    1. Re:question: how could this work? by gl4ss · · Score: 1

      c) they share it themselfs and then get the people who download.

      of course, it would be ultra sneaky and illeagal to act so but would they care?

      -

      --
      world was created 5 seconds before this post as it is.
    2. Re:question: how could this work? by Meowing · · Score: 1

      The p2p progams typically dump the downloads into the user's shared directory, so tracking the spread of available download locations would be one way to get the data.

    3. Re:question: how could this work? by Anonymous Coward · · Score: 0

      Napster had one central server. Gnutella has no central servers. Kazaa has several changing central servers ("hybrid super peers").

      What they do, is set up a super peer theirselves. Usually, Kazaa uses an algorithm to calculate from your cpu and your bandwidth if you'd be a good server. That is, if you didn't check the "Do not function as a SuperNode"-checkbox. They just made their own program, to *always* function as a "hybrid super peer".

      Note that they can't have a deal with Kazaa itself. Because if Kazaa gets shut down, the network will still exist. That's the difference with Napster.

  33. Re:I, for one... by cloak42 · · Score: 4, Insightful

    I don't know about you, but to me, YRO posts are the most important out of all tech stories. Privacy and speech are going to be the next huge battles fought in government, and it's going to be a big war, one that we'll all have to fight. I would hardly call any of the YRO posts "minor."

  34. Well... by Fr33z0r · · Score: 2, Informative

    The whole "comparing a study on P2P usage to a study on which cars are stolen" kinda makes any further comemnts on this article moot, but on the subject of filesharing, Napster came out when, 1999?

    I just dug out this PDF showing CD shipments and dollar value "in millions, after net returns"

    Singles are sucking and dying (boo-hoo) but album sales (at lest through 2002) were still pretty strong, in fact, in terms of most profitable years, the frontrunners are

    1. 2000
    2. 2001
    3. 1999
    4. 2003

    All post-filesharing years. P2P doesn't seem to be hurting album sales any, maybe it's time to just give up on singles (they suck anyway and ensure the charts are full of the only faddy pop crap little kids can afford, and apparently 12y/os just download all that these days anyway :D).

  35. Radio format change by powerbarr · · Score: 3, Interesting

    What I find interesting is the list of top file swaps. Seems more hip-hop than pop are being swapped (although there is now some overlap). Does this mean that Radio stations should look to change their formats (words in a lot of the songs might prevent that). How many pop stations are in your area vs. true hip hop unless you live in New York or L.A. The top ten list was:

    50 Cent P.I.M.P.
    Chingy Right Thurr
    Black Eyed Peas Where Is The Love
    The Ataris Boys Of Summer
    Lil' Bow Wow Let's Get Down
    Lumidee Never Leave You
    Beyonce Knowles Crazy In Love
    Christina Aguilera Can't Hold Us Down
    Smile Empty Soul Bottom Of A Bottle
    Lil' Kim Magic Stick

    1. Re:Radio format change by coloclone · · Score: 1

      Look at the crap people are listening to... How would you like to be sued for sharing Christina Aguilera or "Beyonce"? OR LIL' FREAKING BOW WOW!

      Personally I'd be embarrassed to be caught with this crap on my hard drive. I try and keep to artists that have talent and sound great live.

      WAR Archive.org!!!

  36. Appellation controllee anyone? by carndearg · · Score: 1
    I find it amusing that the RIAA does business with a company whose name has within it one of the most heavily legally protected names there is.

    Just set up a company called "Champagne" in the EU and if you arent selling sparkling wines produced in the Champagne region by the method champagnoise(spelling?) watch the legal actions from Reims or Epernay roll in. Think Mobilix and you'll see what I mean.

  37. RIAA gets this! by daniel_yokomiso · · Score: 1
    --
    Disclaimer: If I disagree with you I'm probably trolling...
  38. Security through obscurity by Aliencow · · Score: 5, Funny

    I always thought that if a band didn't want to have their crap "shared", they should have a level of obscurity in their name and in the titles of their songs.
    My band would be called "Jenna", my first album would be called "Jameson", and the songs would go like...

    01 - Jenna - Jameson - Blowjob
    02 - Jenna - Jameson - Cumshot
    03 - Jenna - Jameson - Threesome
    04 - Jenna - Jameson - Orgy
    05 - Jenna - Jameson - Lesbian

    Try to find these on kazaa !

    1. Re:Security through obscurity by rilister · · Score: 1

      ...The exact reason, I'm guessing, behind the titles on the last Aphex Twin album 'Drukqs' - which he claimed he was only releasing because someone had had access to the files and could be sharing them on P2P networks. Try searching for these rocking tunes without the names in front of you:

      Beskhu3epnm
      Kladfvgbung Micshk
      Petiatil Cx Htdui
      etc, etc....

      --
      'This writing business. Pencils and what-not. Over-rated if you ask me. Silly stuff. Nothing in it' - Eeyore
    2. Re:Security through obscurity by Aliencow · · Score: 1

      What about analogue bubblebath ? I have it here, I don't know if they are the real titles since I'm not an aphex twin fan but it's like..

      AFX - 06 - .000890569.mp3

    3. Re:Security through obscurity by in7ane · · Score: 1

      That's why Amazon is such a valuable public service to the P2P community, with full track listings (with times, and anything you'd want for ID3 tags) and cover art!

    4. Re:Security through obscurity by Stormie · · Score: 1

      Nice idea, problem is it'll also screw your legion of fans looking for info on your band on the web. Their pain will be reminiscent of that suffered by lovers of early-90's UK indie who have tried googling for Lush, Blur, Ride, Curve and other bands of that ilk. ;-)

  39. So people must be downloading a lot of.. by Anonymous Coward · · Score: 0

    commercials.

  40. everyone is a victim by JVert · · Score: 1

    Alot of people blame riaa for the situation they were placed into. I just got out of my car this morning after hearing a vice president of communications at riaa on the radio. When asked about CD prices dropping and if they are really starting to realize what an appropriate value is for their product is. The vice president was kind enough to inform us all that adjusting the prices was impossible due to "anti trust" violations.
    *BLINK*

    1. Re:everyone is a victim by djeaux · · Score: 4, Interesting
      The vice president was kind enough to inform us all that adjusting the prices was impossible due to "anti trust" violations.
      Ain't that a hoot? Couldn't it just as easily be argued that the artificially inflated prices that are routinely charged for CDs are an anti-trust violation?

      IIRC, the original argument for pricing CDs at triple the going rate for LPs back in the early '80s was that the manufacturers had to recoup R&D costs. And shouldn't 20+ years be sufficient to recoup those costs? Seems to me that the "industry" has been charging grossly inflated prices for years as a group effort...

      --
      "Obviously, I'm not an IBM computer any more than I'm an ashtray" (Bob Dylan)
  41. That's it! by Anonymous Coward · · Score: 1, Funny

    That's the last straw! If the RIAA is getting profit from P2P, i say boycott P2P networks!

    That'll show 'em.

  42. Oops, typo. by Fr33z0r · · Score: 1

    s/2003/2002

  43. Re:If copyrights were abolished... by jat850 · · Score: 1

    I don't know if you're spouting flames or being serious, but if you were to eliminate the system of copyrights, how do you ensure fair compensation for artists? Not flaming back, just asking.

    --
    the blood has stopped pumping, and he's left to decay
    the me that you know is now made up of wires
  44. who cares if the labels recognize a legitimate use by sbma44 · · Score: 5, Informative
    a federal judge already has

    it seems irrelevant if the labels cull trending data from P2P use. I think you would have a very hard time using against them in any way.

  45. curious... by Talrias · · Score: 1

    no wonder all music "artists" sign up with the riaa's puppet... i mean companies. they just get free coverage, so everyone benefits. apart from the consumer.

    --
    aterr - an open source threaded discussion board.
  46. Doesn't undercut by amcguinn · · Score: 4, Insightful

    The record labels' "case" is that copying their products is against the law. The possiblity that they might extract some incidental compensation from it doesn't undercut their case in the least.

    Similarly, if everyone who downloaded a song voluntarily sent 2 cents to the record company, that wouldn't make any difference either.

    The record companies are a nasty lot. They illegally fix prices. They corrupt lawmakers. They try to ban useful technologies just because those technologies can be used in ways that are illegal and harmful to their business. They have gained legal powers of search which are an invasion of privacy and ought to be repealed.

    But they've called their opponents' bluff and gone after illegal file-sharers, and I've noticed that on slashdot at least, I'm seeing a really poor hand. People don't care about defending freedom or privacy, they just want to copy albums.

    It's not the selfishness I object to, it's the stupidity. Even if you do only care about copying albums, can't you see that you'd look better if you pretended to be like me and care about freedom?

    1. Re:Doesn't undercut by eatdave13 · · Score: 1

      No. You're transparent, and you give everyone who actually IS concerned about free speach a bad name.

      I suppose you're also religous, just in case?

      --
      "Verbing weirds language." -- Calvin
  47. Question about suing a 12 year old... by telstar · · Score: 2, Interesting

    How'd they tie the usage to a 12-year-old anyway?

    It was my understanding they the RIAA essentially sued whoever's name was on the internet bill. I know when I was 12, I wasn't paying the internet bill, (hell, if I remember correctly, I was just setting up back-to-back free net accounts with the local ISP).

    Anyway, did they ACTUALLY sue the 12 year old, or did they sue the mother? I know it ends up being one-and-the-same, but I'm curious.

    1. Re:Question about suing a 12 year old... by MImeKillEr · · Score: 1

      IANAL, but I believe that, as a minor, the legal guardian/parent is legally responsible for all laws that the child breaks and is legally responsible for restitution. This is how they can throw parents in jail when a kid is excessively truant.

      Of couse, they don't jail the parents of kids who kill (but they should) rather they jail the kid.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    2. Re:Question about suing a 12 year old... by stratjakt · · Score: 5, Interesting

      My impression is the whole thing was a publicity stunt.

      For the mother/child to go to the media in the morning, then settle that night? Like I said before, if they went to the press legitimately, it'd be because they felt the suit was unjust, and they'd be literally flooded with lawyers willing to take the case pro bono just for the publicity.

      The whole thing makes absolutely no sense, except to get people to read the "I'm so sorry I hurt the artists I love - please kids dont do P2P!" message.

      I wish I had the free time to investigate and show it for the scam it was. I bet you'd find that the mom works for the RIAA or local Tower records or some such shit.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Question about suing a 12 year old... by Anonymous Coward · · Score: 0

      Remember that this is a project family. That means that the 12-year-old IS the mother.

    4. Re:Question about suing a 12 year old... by Anonymous Coward · · Score: 0

      Somebody had said that is was the 12 yr old sued but I haven't seen the subpoena. It is also possible that the mother put it in the childs name because they live in government housing. I know if I were on public assistance I would hide my internet bill, too.

    5. Re:Question about suing a 12 year old... by 3terrabyte · · Score: 1
      It's the media that is extrapolating the correct info into better headlines. (And why not, the RIAA does the same thing with their numbers)

      The lawsuit is actually against the mother. I know it's too tough to read these articles yourself, but there you go.

      --

      Why are there only 19 people folding@home for slashdot?

    6. Re:Question about suing a 12 year old... by stratjakt · · Score: 1

      In the case of a juvinile homicide, they jail the kid because he/she poses a threat to society. That's what jail is for, really, to keep people who are threats away from the population.

      You cant make arbitrary judgements about whether the parents should go to jail or not. Obviously different kids mature at different rates. Some 14 year olds are more mature and lucid than some 19 year olds. 18 is just an arbitrary number that's been pulled out of some beurocratic ass. It's up to the judge to, surprise, JUDGE.

      This is my beef with manditory sentencing and three strike laws and whatnot, they take the "judgement" away from the judge. Which makes him/her nothing more than a referee. So you have 19 year old caught selling a gram of coke serving a manditory 20 years, and a 17 year old who committed three murders serving 5.

      Ah fuck it.

      --
      I don't need no instructions to know how to rock!!!!
    7. Re:Question about suing a 12 year old... by nolife · · Score: 1

      I had the same exact theory. The whole thing seem like a hoax. That 12 year old should have asked how much of her $2k was going to each artist she deprived of a sale.

      This whole lawsuit thing from the RIAA is a scam and just out for press time. IMHO, they probably spend more then $2k on each lawsuit and money is coming OUT OF the artists pocket to make up the difference.

      --
      Bad boys rape our young girls but Violet gives willingly.
    8. Re:Question about suing a 12 year old... by TClevenger · · Score: 1

      I dunno. I seem to remember reading something about one of the college file traders who was told by the RIAA, "This is the amount you will pay to settle; if you attempt to go to court for dismissal, the minimum settlement amount will go up to $50,000." If she had $2,000 in her rainy day fund, the RIAA may have told her something similar. Given the choice between hurting really bad for a year and hurting really bad for many, many years, one might be inclined to pay the smaller amount. (IMHO, this is serious racketeering, but I'm not a lawyer.)

    9. Re:Question about suing a 12 year old... by Anonymous Coward · · Score: 0
      "I know it's too tough to read these articles yourself, but there you go."
      • I was too busy downloading music from the information superhighway to go read the article. Thanks for the clarification!
    10. Re:Question about suing a 12 year old... by Arslan+ibn+Da'ud · · Score: 1

      My impression is the whole thing was a publicity stunt. ...

      The whole thing makes absolutely no sense, except to get people to
      read the "I'm so sorry I hurt the artists I love - please kids dont do
      P2P!" message.

      Possible but unlikely. If the RIAA wanted a publicity stunt, wouldn't
      they be better off suing a 12-year-old middle-class student? Or a
      college student?

      --

      Practice Kind Randomness and Beautiful Acts of Nonsense.

    11. Re:Question about suing a 12 year old... by Anonymous Coward · · Score: 0

      Three letters...FUD.

      They are trying to portrey themselves as scary people who mean business...they even sued a little girl. Yeah...it's definatelly FUD.

  48. You guys clearly need retraining. by DwarfGoanna · · Score: 5, Funny
    When the RIAA uses download statistics, it is only in our best interests as consumers. They are taking the lemons of corrupt human nature, and making sweet corporate lemonade. I, for one, am thankful that such a down home mom and pop operation such as the RIAA, in their infinite wisdom, makes something good, noble, and legal come out of all this theft, piracy, and debauchery. I can't wait for the day that all my activities are monitored for legality by four letter acronyms.


    Anyone who disagrees is clearly a criminal/pirate/terrorist! Mend your ways and submit to RIAA amnesty!=)

    --

    "You know why you do not see me styling wit my homies? Because I have no homies!!" -Mojo Jojo

  49. Jenna would sue your ass by Anonymous Coward · · Score: 0

    She's got the name "Jenna" trademarked up the wazoo for marketing.

    1. Re:Jenna would sue your ass by Anonymous Coward · · Score: 3, Funny

      06 - Jenna - Jameson - Up the wazoo

    2. Re:Jenna would sue your ass by wanderers_id · · Score: 1

      She would probably not stop with his ass, and sue his WALLET.

      Bue it's a valid point: using other keywords. Perhaps a better example would have been the band Porn or erotica with albums such as asian, blonde, etc.

      Not that I'd use a P2P program or anything... This is just.... theory.

    3. Re:Jenna would sue your ass by daveo0331 · · Score: 1

      Probably not. I seem to remember there was a band that called themselves "Green" and put out an album called "R.E.M." The idea of course being to get people to buy it by mistake. As far as I know, they never got sued.

      --
      Remember the days when Republicans were the party of fiscal responsibility?
    4. Re:Jenna would sue your ass by Anonymous Coward · · Score: 0

      Maybe R.E.M. didn't care? They seem pretty laid back. Jenna is very big in her name franchise business.

  50. Anyone know how it works? by Hackie_Chan · · Score: 1

    Anyone know how bigchampagne works? What does it do? Hack other computers and see what they have on their to-do download list?

    --

    What's so bad about being lazy? What if there was a war and nobody showed up?
  51. To late to turn back by felonious · · Score: 4, Interesting

    The RIAA will not take a step back with th rhetoric because they have gained too much power to turn back. With the power they now possess they will soon be a new goverment bureaucracy entitled "Ministry of Sound Sueing".

    We all know that everything they have been saying is in direct opposition of what's actually occuring with cd sales. Yes p2p plays a role but it isn't anything near what they claim it to be. The point is the RIAA will take this as far as they can or until the backlash is so severe that they have no choice other than alienating consumers and pissing off the goverment even more.

    I will make the following prediction...
    Due to the RIAA calous and careless approach on p2p and their so-called loss of sales they will continue to piss off consumers who will then come together in a massive boycott. I'm not talking about /.'s only. I'm talking about Joe Average. Everyone will start to boycott and our representatives will also get involved because they will see it as an opportunity to get new votes. The RIAA will have to back off and come up with a "fair and balanced" (don't sue me Fox) approach for copyright infringement.

    We will beat the bad rap and the RIAA will continue to do business but in a goverment imposed andfair/legal manner.

    The goverment has spent billions on the war on drugs and it hasn't done a thing so does the RIAA really think a few lawsuits will stop p2p? As the RIAA's tactics on finding, pursuing, and prodding p2p users come out in the open it will only help coders take it more underground and guarantee our privacy. The RIAA had their chance to make p2p work with Napster in a centralized server setup but they blew their chance and with it the centralization of p2p. Decentralized servers, new anonimity, and a general interest in going more underground are the way now.

    The RIAA better enjoy these days because they are the best they're going to have. Reality is going to bite their ass pretty soon...

    --
    You aren't free to do anything, until you've lost everything.
    1. Re:To late to turn back by Bendebecker · · Score: 3, Interesting

      It already is:
      "The real hope here is that people will return to the record store," said Eric Garland, CEO of BigCampagne LLC, which tracks peer-to-peer Internet trends. "The biggest question is whether singling out a handful of copyright infringers will invigorate business or drive file-sharing further underground, further out of reach."...

      Consumers already think so little of the music companies, that the lawsuits likely won't make much difference, said Josh Bernoff, an analyst with Forrester Research, Inc.

      "The industry has been backed into a corner, and their image is so bad, the lawsuits are not going to be much of a problem," he said....

      At the same time, a decline in CD sales worsened. Between June 15 and Aug. 3, the decline in CD sales accelerated 54 percent. And as of Aug. 3, CD sales were down 9.4 percent over the same period in 2002, according to the Yankee Group.

      Just because a person stops file-sharing does not mean they will start buying CDs and boost industry revenue, Bernoff said.
      http://abcnews.go.com/wire/Entertainment/ap2003091 0_351.html

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    2. Re:To late to turn back by ArekRashan · · Score: 2, Informative
      That's exactly it.

      Who exactly, might you ask, gave the RIAA the right to be the "Ministry of Sound"? Where, after all, were they granted these broad powers of search and seizure of your personal information? It's not as if they hold copyright to all of the music, or even a majority of it. Will another large copyright holder decide to embrace this business model as well? Will there be competing (and incompatible) offers of Amnesty? Who would you rather get screwed by, when it comes to major media copyright holders? What, in short, is to blame for this mess?

      That's right, it's the Digital Millenium Copyright Act. Disclosure: Link is to anti-dmca.org, and hence biased. But that's the problem with hypertext; links are particularly and exactly biased in that they take you to the one page on the internet that the linker wants you to visit. It's up to you, however, to click the link and learn about what just might be the greatest threat to our intellectual freedom today.

  52. How are they doing this? by netik · · Score: 1

    Anyone have any thoughts as to how they are able to figure out who is downloading what without being able to sniff at large networks?

    I mean, they would have to have deals in place at major ISPs to gleam the kind of data they claim to have.

    If all they are doing is looking at gnutella search terms, then that's easy, but exact location of user and when the song was being downloaded isn't possible in the current protocol, right?

    1. Re:How are they doing this? by gregarican · · Score: 1
      First of all, it's "glean" not "gleam." As for how the RIAA is obtaining the information, I would imagine that they are using captured IP addresses to trace back to the ISP's. Any reverse DNS lookup would give them that information. Then some of the ISP's must be releasing account data regarding who is using these IP addresses during the timeframes in question.

      This would mean that even DHCP clients could be synched using ISP logfiles. I thought that the ISP's were fighting the RIAA's request for account information, but apparently some are giving in. That's the only way I can figure that customers are getting pulled in.

    2. Re:How are they doing this? by emptybody · · Score: 2, Insightful
      Easy.

      They set up a few servers with a bunch of the top songs. They can "share" them to the system because they own the rights.

      However, you, the downloader does not have permission to download them.

      Any number of scenarios can then be used:

      They take the logs of who downloaded from them and hits their shares to see what they have.

      monitor the downloads until they have enough from the same addreses to go after that address

      They have been aware of sharing for a few years.
      Think that is enough time to get some solid data?
      I tend to think so.

      --
      comment directly in my journal
    3. Re:How are they doing this? by da2 · · Score: 1

      surely by sharing them at all they are giving people the right to download them, as they know that the purpose of sharing a file is to upload it to others, otherwise they wouldn't share right, or am i completely missing the point

  53. RIAA amnesty form by angle_slam · · Score: 5, Funny

    See this page for a peek at the amnesty form the RIAA wants you to fill out.

  54. Disturbing... by dasspunk · · Score: 0, Offtopic

    It's always disturbing to me when I realize that a person or organization that is a SOSC (Sucker of Satan's Cock) turns out to be smarter and even more devious than I originally imagined.

    I really hoped they were taking a blanket "fear all change" policy and would eventually choke on the very cock they were sucking.

    Unfortunately, it seems they are privately taking full advantage of that which they publicly are not trying to kill but rather trying to control!

  55. What if... by Shappy · · Score: 1

    Not that this has anything to do with this, but what if for a p2p service, you pay nothing to listen to a song(songs are streamed from various users, sort of like peercast but with no preset station), and if you wanna actually download a copyrighted song, you pay a fee like 99 cents. This way, people who download music to listen to new stuff on their pc can do it without paying, major labels would kill for the stats on songs, and if you really want a song to put on a cd, you pay the fee and download it. I don't know about everyone else, but 95% of the time i listen to music, its while im doing stuff on my pc. I'd be willing to pay money to burn it to cd if i really liked a song

  56. It's advertisement by jav1231 · · Score: 1

    Dvorak made a similar point a year or so ago. Like airplay, downloads make good advertisement. How much this cooresponds to a drop in sales has really never been studied, rather the RIAA has just assumed it hurts sales. JAV

  57. stance by Dan+Nordquist · · Score: 2, Insightful

    Wired:

    "If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance."

    I'm not so sure. They aren't acknowledging the legitimacy of the programs or their use, they're observing a market that they believe to be illegitimate. Spying on the activity doesn't mean that they endorse it.

    The point of that sentence in the article (and it's buried pretty deep, so I wonder why it got bumped up to the summary here) seems to be "why are they fighting KaZaA if they love it so much?" While the information they glean from KaZaA may be valuable to them in many ways, the two markets can only coexist uncomfortably. Nobody will go before a judge and claim that they were doing the labels a favor by not paying for music in exchange for consenting to being watched while stealing it.

    I guess my argument hindges on whether Big Champagne is sharing copyrighted files and tracking their download (which would at least dirty the labels' hands) or simply tracking searches (observing the activity, and not participating in it).

    Or maybe Big Champagne is responsible for all those mislabeled or dummy tracks.

    They've got an interesting position in the debate, though.

  58. who cares? by Thinkit3 · · Score: 2, Funny

    It's more important to eliminate unnatural laws.

    --
    -Libertarian secular transhumanist
    1. Re:who cares? by jat850 · · Score: 1

      Could you break down the current system into a set of "natural" and "unnatural" laws for me, please? I am unable to figure out which laws fall into which categories...

      --
      the blood has stopped pumping, and he's left to decay
      the me that you know is now made up of wires
  59. Re:Right... (Try Again) by SirSlud · · Score: 3, Interesting

    The RIAA is USING p2p networks to determine which files are popular. USING.

    A more appropriate anology would be for General Motors to hire some criminals to hang out with other criminals to figure out which cars are the best and use that aquired data as a marketing tool. ("We spent 3 days with Jimmy Fingers, and man do those dudes love stealing our cars!")

    Doing that would be, in part, sanctioning theft by associating with those that commit it.

    Thats effectively what the RIAA is doing, if we are to believe their argument that file sharing is theft and not copyright infringment. They're HIRING somebody to use and observe a community and activity they deem is highly criminal.

    Then again, the RIAA has acted as if they have been above the law for awhile tho, so this shouldn't really be a surprising development in the whole file sharing issue.

    --
    "Old man yells at systemd"
  60. IP Tracking by Cpt_Kirks · · Score: 4, Insightful

    By matching partial IP addresses to zip codes

    This sucks. When is a P2P app with good speed going to come out with good anonymity?

    With all the lawsuits and shit, good ideas and code should be flowing.

    1. Re:IP Tracking by Anonymous Coward · · Score: 1, Informative

      The problem is that you either get fast, or you get anonymous. For the past few years, fast has been the primary desire of most. Freenet *does* hide your identity, but it is slow.

    2. Re:IP Tracking by gregarican · · Score: 1
      Even with spoofing the true originating IP address can still be sniffed if the party doing the sleuthing knows what they are doing. The anonymity you are talking about is within the P2P client software. But the raw data on the wire has to carry IP address information, apart from the Gnutella protocol or whatever P2P protocol is being used by the P2P app.

      If a host didn't have an IP address they wouldn't be able to send/receive data on the Internet after all. And these true IP addresses are what is being harvested and brought to the ISP's. Whether or not the ISP's oblige with divulging account details is another matter...

    3. Re:IP Tracking by Anonymous Coward · · Score: 1, Interesting

      It sounds like you don't know how freenet works. It routes requests through other nodes, so that you (or anyone) never knows where the request actually started. If I get a request from Node A, I don't know whether it's Node A's request, or a request through them from Node B, or a request through Node B from Node C, and so on.

    4. Re:IP Tracking by stratjakt · · Score: 2, Informative

      Even they admit it's not impossible, just harder to find the true source of the information.

      --
      I don't need no instructions to know how to rock!!!!
    5. Re:IP Tracking by Anonymous Coward · · Score: 0

      They don't think it's possible, they just haven't ruled out the possibility. Their goal, though, is to make it impossible.

    6. Re:IP Tracking by Anonymous Coward · · Score: 0

      What about encryption? Like SSL etc?

    7. Re:IP Tracking by gl4ss · · Score: 3, Interesting

      yes if you can track the WHOLE NETWORK(ie. own the internet, i guess sco owns it) you can make assumptions on where the data originates, and what the data is(you fetch something, see where it is most likely coming from on basis of traffic you know is not related to your query, of course, i don't know really shit about freenets workings but this is how i would have it, and this method is ridiculously stupid since it would easily be impossible to implement in reality).

      but networks like waste are coming with possibilities of saturating your inbound and outbound lines to something pre-set even if you're not transferring anything, so it's impossible to tell if you're transferring anything at all for the network for outside(and inside, unless all the rest of the network is compromised) observer on your crypted connections. sure even then they can make such guesses on where if they can control significant part of the network(most of it), but real proof of that you did anything wrong wears thinner and thinner(actually waste isn't quite worth much as a PUBLIC big system but for private little group it's pretty good).

      and then there's systems like earthstation5 uses that use public(open) proxies for sends(so you won't know who is the real sender of the data, iirc you can also choose to use harder to find proxies for receiving as well), sure even then if you can control the network you can nail few of them(es5 doesn't seem very sophisticated at what it does, but hey, they have naked news for free).

      so, in majority of these even moderately sophisticated systems they(riaa & equivalents) would have to be able to be in majority of the users to have anything real to work on and even then it would end up not being worth it at all.

      heck, you could probably harness spam as part of this too.. or organize music swap nights like that's an original idea.

      --
      world was created 5 seconds before this post as it is.
    8. Re:IP Tracking by Anonymous Coward · · Score: 0

      SSL will prevent snooping, but it won't protect the source or the destination ip addresses.

    9. Re:IP Tracking by trolman · · Score: 0
      When is a P2P app with good speed going to come out with good anonymity?

      Shortly after the coders leave RIAA.

    10. Re:IP Tracking by cpeterso · · Score: 1


      I had a brainstorm just yesterday (yes, they are rare events :-). You have a P2P frontend that communicates via an email transport layer that uses fake emails that resemble spam, but actually contain encrypted stegnographic data. Will AOL get suspicious when you receive 10 MBs of "spam" every day? :-)

  61. Impersonating an officer by __aagmrb7289 · · Score: 2, Interesting

    Is there a law that we can use to smack the RIAA around for pretending to be a law enforcement agency? The RIAA has absolutely no right under the law to offer amnesty for a crime, and they ought to be smacked to hell and back for trying. Why in all hell isn't the FBI/government all over their ass for this? I mean, if Microsoft said they would offer amnesty to all software pirates, it would pretty much be the same thing. WTF?

    1. Re:Impersonating an officer by cK-Gunslinger · · Score: 1

      They can't. More than likely (I haven't seen the Amnesty Forms) they are offering amnesty from being sued for your previous infringements. MS/BSA could probably offer the same deal: Get rid of all your unlicensed software (or purchase licenses), sign this contract, we won't sue you for your past "crimes." OTOH, this contract also gives us the right to audit your place every 6 months and sue you for 2x the standard amount if we find violations. Same thing.

  62. I Will Comment by tds67 · · Score: 0, Troll

    I, for one, welcome the (-1, OffTopic) score I will get for this post from our moderator overlords.

  63. Too bad for the RIAA that it's so slow to adapt by warrior · · Score: 1

    First, what a great idea. Congrats to these guys, as long as they aren't compromising anyone's privacy...

    The only songs I download are singles I hear off the radio and want to listen to a little more before purchase. The RIAA could profit off of this if they wouldn't make a cd single cost $8.99 (what bull!). Just sell them in cheap paper/plastic cases (like most pee-cee games, once you get them out of the enormous box, hehe, enormous box...) If only SOMEONE would come up with a way to profit off of cheap, highly available music singles *sigh*

    --
    Intel transfer the difficult from Hadware to software, for get more power, programmer need more technology. -- chinaitn
  64. Enemy's side... by Anonymous Coward · · Score: 0
  65. So if Generac uses... by Codeak · · Score: 1

    Power grid information to determine chances of blackouts, and ships and sells more generators to prone areas, then that must legitimize blackouts!! I get it!!! *sarcasm off*

  66. Whoa! by MoeMoe · · Score: 1

    Slashdot not only digs up the news, it digs up the dirt as well... I can see it now "S&D, Attorneys at Law". I just need to prove that I was no where near that cow when it fell over, HELP SLASHDOT!

    --
    Business \Busi"ness\, n.;
    A scam in which all people involved perceive as beneficial...
  67. Buying/downloading popular/unpopular songs by chia_monkey · · Score: 1

    Ok...you hear a song on the radio. The RIAA and radio execs decide "I Saw the Sign" is popular and play it every ten minutes on almost every station in your listening area. It's popular, it's the execs job to keep pumping it out there so you hear it. Now take a less popular song from say Rob Zombie, Stone Temple Pilots, whoever. These songs aren't getting nearly the same radio play.

    Fast forward to your purchasing and downloading decisions. I know I sure wouldn't want to download a song I hear every ten minutes anyway. But man...there's that one song by STP...what is it? Download it. Damn...I'll just buy the CD. It's good and I don't hear all this on the radio.

    Granted, there are a million similar and different scenarios, but I can see how the filesharing can stimulate the lesser-known album sales. The well-known don't really need help, do they?

    --

    "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
  68. The RIAA gets... by jbischof · · Score: 1

    Nothing. Because we are all Boycotting the RIAA.

  69. Re:FUCK YOU by Anonymous Coward · · Score: 0

    If you had made that post about the snapshot and the mona lisa without all the swearing, i would of modded you up. nice point, shame about the signal:noise ratio.

  70. retraining (reprogramming?) like this? by Anonymous Coward · · Score: 0
    http://www.globetechnology.com/servlet/story/RTGAM .20030909.ucdcd0910/BNStory/Business/

    from

    "Why are they picking on me?" she asked reporters after learning about the suit Monday night. "My stomach is all in knots." At first, her mother, Sylvia Torres, vowed to fight the industry. "For crying out loud, she's just a child," Ms. Torres said.

    to

    But late [Tuesday] the RIAA issued a statement announcing that Brianna's mother had settled for $2,000 and quoting the little girl as saying: "I am sorry for what I have done. I love music and don't want to hurt the artists I love." The release also quoted Ms. Torres as saying: "We understand now that file-sharing the music was illegal. You can be sure Brianna won't be doing it any more."

    in less than 24 hours!!!

  71. other apps for P2P by Anonymous Coward · · Score: 0

    what is IM? isn't that an app that uses P2P, or couldn't be designed that way. isn't grid computing and other forms of distributed computing P2P? how can ANYONE say that there is only ONE use for ANY program?

  72. Oh-nooo!!! Push2Play networks are legal? by Anonymous Coward · · Score: 0

    "They (record companies) will call these stations and say, 'You need to bang this shit. You're barely playing it, and it's already in the top 15 among alt-rock downloaders in your market. You need to step on this at least 20 more times a week, and not while people are sleeping.'"

    Oh-no!!! ... Since when are record companies supposed to dictate radio programming?

    Is this P2P (Push2Play) networking legal?!

  73. payola? by grue23 · · Score: 2, Insightful

    When the labels know what people are downloading, they know what to put on the radio, and sales in the area increase.

    I wasn't aware that the labels [legally] "put anything on the radio". It probably wouldn't be the best idea for them to build the idea that they do into their business model, since that would be an admission of payola.

  74. I see... by Sj0 · · Score: 1

    While this is interesting from a legal standpoint, I doubt this will turn out to be significant. the RIAA is in an interesting position of percieved moral superiority that far surpasses any logic. They could line file-traders up against a wall and shoot them, and they'd probably spin it as a good thing for everyone. What I'm waiting for is the hacking legislation they want so bad to be enacted. At that point, I'll put my machine on-line with several thousand deceptively named MP3s, watch my firewall, and keep my lawyer on the speeddial.

    Well, not really. I could though. More than likely, I'll say I am morally outraged, post about it on slashdot, and feel more like some fundamentalist unabomber for a few hours before I calm down and realize I'm completely immune to their attempts at bribery in the US for various reasons.

    See? I'm not a pessimist, I'm a realist.

    --
    It's been a long time.
  75. So your full of shit..... by greymond · · Score: 2, Interesting

    Well I was always for P2P since I grab a lot of things other than music, however I would occassionally snag a Supercharger or Hellbillies mp3. But it seems that the majority of people dlowding are grabbing the SHITTY music they keep complaining about. Looking at the site it seems to prove this with the top 10 listed songs/albums including 50 Cent, beyonce, Lil Kim, and every other bullshit artist on MTV. If people stopped lsitening to crap and started only dloading songs from GOOD non-commercialized bands or at least bands that were not the latest-and-greatest-company-endorsed-sings-through -a-voicebox-shows-their-ass-whore "musician" the RIAA wouldn't be sueing 12 years olds or college kids.

    STOP MTV MUSIC NOW

    1. Re:So your full of shit..... by Leto2 · · Score: 1

      Moderation: -1 (Troll).

      Or are you seriously dismissing any other music than your personal preference as "shitty" and "bullshit" and "crap"? Are you seriously saying that only non-commercialized bands can be "good"?

      And what's wrong with an artist showing off her ass? Can you only be a respectable artist if a) you write your own songs, b) sing well and c) don't look too hot?

      You're probably also someone who says beauty pageants suck because they exploit the girls, but deep at night, download gigs of porn.

      --
      <grub> Reading /. at -1 is like driving through Cracktown in a convertible that is stuck in 1st
    2. Re:So your full of shit..... by greymond · · Score: 1

      Actually your part right - i'm totally down with porn and girls showing off their asses, but I wouldn't listen to Jenna Jameson maoning while fucking and call it ARTISTIC MUSIC.

      What I don't like is how the RIAA will take someone who looks attractive to the 16yr old crowd (take Anvril Laverge - whatever the fuck her name is) and then market the shit out of her and call her an ARTISTS?!!

      And as far as a respectable artists showing off her body, there are artistic ways to go about it (Alanis Morisette - whatever her name is) and then there are just slutty (christina agulaera) ways to go about it.

      There are definately some songs/bands that are mainstream and good, but to list them all here would just be pointless, what i'd point out instead is my main point that most RIAA bands are NOT valid "Musical Artists" in my opinion, because they can not sing well and cannot write their own music.

  76. They get more than just profiling by Anonymous Coward · · Score: 0

    They also get potential customers who become exposed to genres and thousands of songs they would never have heard or remembered otherwise.

  77. the chicken or the egg by unk1911 · · Score: 1

    i am not so sure this method holds water because isn't the top #1 download where it is because 50 cent is just popular these days? you don't need to look at kazaa statistics to know that. i don't see how this information is useful other than to reaffirm pre-existing knowledge... just my 2 cents (no pun intended)

  78. Maybe Pop will become less popular! if...... by Wacky_Wookie · · Score: 5, Interesting

    If the Major Lables start reacting to what the public is actualy listening to, instead of trying to convince people to buy a product thaey have produced.

    The major problem with most music lables is that they have become manufacturers of music instead of distributers of music.

    The RIAA at al. knows that P2P could become the next radio, and they know that p2p is not the real reason for bad music sales. But the RIAA is not really sueing people beceause of loss of sales, it's sueing beceause of loss of control over what people listen to. The RIAA loves radio for the very reason that they can control it (and actualy own it in some cases).

    The RIAA/Lables can't "own" p2p or force it play what they want, so they choose to shut it down. I have always thought that the RIAA/lables have been more worried about loss of promotional/playlist control then profits.

    Prior to P2P a label could promote the shit out of an artist/group with out them having to be any good, and still be SURE it was going to make a profit. Now the Major labels have to wait and see if the public actualy LIKES the music before it can make a profit.

  79. As usual, the RIAA is full of Shite... by Mnemennth · · Score: 1, Insightful

    This is simply more proof that these models for profiting from media have long outlived their usefulness. Technology has outstripped the marketing, the distribution network they cling to will soon go the way of the 8-track.

    There ARE other models... other ways to make a profit from a popular artist. Take for example the sports industry - a popular franchise (and its popular players) makes 1000 times more money through endorsements and sales of authorized merchandise than they do from from actual ticket sales - (We'll have to ignore the massive profit made from broadcasting rights, there really isn't currently an equivalent in the music industry... though, if they got their heads out of their butts, that could work as well) yet the RIAA would have you believe that there is no other way to make sure an artist gets paid for their work than the Pay-For-Play model that has been around since the days of Shakespeare.

    You can't download a genuine Starter Steelers Jersey, and bootleggers are a lot easier to bust.

    Frelling Dinosaurs.

    Mnem

    1. Re:As usual, the RIAA is full of Shite... by ArekRashan · · Score: 1

      Oh, but these models are being utilized. Have you seen what concert swag costs lately?
      They're just greedy, is all, and going after filesharers is simpler and easier than trying to bust the guy selling $10 bootleg shirts 200 yards from the venue, thanks to the DMCA

    2. Re:As usual, the RIAA is full of Shite... by Mnemennth · · Score: 1

      It is true that it is easier... and it has the added bonus of keeping their name in the news. Any press is good press, and the RIAA won't get much publicity out of busting that bootlegger.

      But... they really don't implement any of those other models very well... Look at the endorsement angle. The last musician (I know... I use the term very loosely here) I can remember seeing endorsing any product was J-Blo, selling her own breed of body scent. Though I've seen a dozen athletes endorsing products today alone.

      And look at that swag... the NFL has merchandising done right... from specialty stores to placement in every department store you can think of to a website that is a model of online capitalism... Meanwhile, if you want a Who t-shirt, you'll probably have to order from a specialty music shop, or search for it online and hope what you buy isn't bootleg. Of course, the prices they expect to get for their merch are ridiculous, as you say... when you buy a Starter warmup shirt, you get a decent quality collared shirt with a stitched logo for your 25 bux... but when you buy that Stain'd shirt for the same 25 bux, you get a two-tone silk screen on a 99c Hanes second. No wonder even senseless teenagers would rather make their own with materials they can get from Wally World. For that 25 bux, they can make their own in less than an hour, as well as 4 more to save or share with friends.

      As you say - greed. But rather than bow down to the forces of supply and demand, they'll fight tooth and nail to keep a market position that is doomed anyhow. Two words come to mind...

      Buggy whips.

      'Nuff sed...

      Mnem

  80. Support Brianna, Sued by the RIAA! by Anonymous Coward · · Score: 1, Interesting
    A 12 year old girl, sued for $2,000

    Support Brianna LaHara

  81. Fileswap Results.. by polyp2000 · · Score: 0

    Those fileswap results only show that people download and listen to the same crap that you hear on the radio.

    So the argument that people use P2P filesharing to "discover" new bands or download "decent" music is a fallacy according to that website.

    i am truly surprised i didnt find some decent music to from the artists listed on that page.

    People should be looking for indie artists who are bypassing the RIAA completely. It used to be the indie labels that grabbed most of the talent. Now the big labels have bought up all the indie labels that started during the early nineties. Artists have the Internet and can distribute there stuff without the hassle of the Big Boys...

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  82. natural versus unnatural by Thinkit3 · · Score: 2, Interesting

    Natural--Laws against theft of property and murder. Unnatural--Slavery laws. "Intellectual property".

    --
    -Libertarian secular transhumanist
  83. How do they tap into search requests? by mveloso · · Score: 1

    Heck, how do they walk the shared folders and see the queries?

    That implies that Sharman has given them some kind of license to FastTrack, which is interesting in itself.

  84. Great business model. by ShieldW0lf · · Score: 1

    1) Write song
    2) Give song away
    3) Track where song is popular
    4) Tour where you are popular
    5) Push merchandise where you are popular
    6) Sell tickets
    7) Sell merchandise
    8) Profit!!!
    9) *Flip RIAA the finger


    Fields marked with * are optional

    --
    -1 Uncomfortable Truth
  85. RIAA and DMCA - having your cake and eating it too by ArekRashan · · Score: 2, Insightful

    What I find to be so horrifically obnoxious about this is not that the RIAA is suing end users (i.e., their customer pool.) They certainly have the right to do so if the defendant was downloading copyrighted materials. It is the apparent lack of due process allowed by the DMCA that causes me worry. What if I am a P2P user, who shares and gets only non-infringing materials, and the RIAA selects me for a subpeona? As far as I know, there are no checks on this system; the only thing the RIAA has to do is attest that I am a P2P filesharer. They don't have to prove anything, much less demonstrate a reasonable suspicion that I am trading in material that they actually own. After I have been subpeona'd (spelling Nazis bugroff, I know it's wrong) and the RIAA has gone through every file I own, they will certainly not elect to sue, but my privacy has been irrevocably and severly compromised without any redress. This I find unreasonable. If I had to pick one word to describe the DMCA, it would be "unfair". Copyrighted material has strong legal protections to guard against and provide redress to infringement, which I consider to be a good thing. I think that the notion of a strong personal copyright is necessarily the foundation of any healthy model of intellectual property. However, the DMCA takes the additional step of providing nearly airtight legal protection to technological methods used to control access to copyrighted materials. This means two things. First, I have to pay $25 for a decryption algorithm that can be printed on a T-Shirt to watch a copy of a movie I own. Second, content distributors are able to region-lock media and hence control pricing. I don't consider these to be beneficial effects, and I don't understand why this level of additional legal protection is necessary. I consider the DMCA to be bad, harmful law, and unless it is repealed, I see a future in which we are free to do less and less with media content that we have purchased.

  86. Canadian View by lucky_duck · · Score: 1, Interesting

    Here's an interesting read on the canadian view of this mess.

    Sympatico Globe and Mail

  87. Girl Power, or not. Maybe. by T-Kir · · Score: 2, Informative

    Errm, don't know why I admit knowing this but... there is a song called 'Girl Power' by 'Shampoo'.

    I think you can add that to your list, although I wouldn't want to listen too much of their stuff (can't really call them songs) unless you're into using the music to torture other people (i.e. 'Sesame Street' and a certain detention centre in Cuba)...

    ..."Uh Oh, we're in trouble. Somethings come along and its burst our..." Arghhhhhhhhh!

    --
    Are you local? There's nothing for you here!
  88. Legitimate use? by harlows_monkeys · · Score: 2, Interesting
    That's an...interesting...notion of "legitimate use".

    "I'm using this program to steal your stuff, which gives you valuable marketing information as to what stuff of yours I like!"

    1. Re:Legitimate use? by gl4ss · · Score: 1

      it certainly gives a new ring to the word 'damages'.

      .

      --
      world was created 5 seconds before this post as it is.
  89. Oh, wait a minute.... by Anonymous Coward · · Score: 0

    So, what your trying to say is.....

    File sharing has benefits? And 12 year olds aren't devious criminals for liking music? And record companies are profiting from target marketing all stemmed from file sharing?

    Wow, and all this time I thought only Microsoft was trying to screw us for more money when they have enough already.

  90. Re:Girl Power, or not. Maybe. by sixdotoh · · Score: 1

    as i recall they were using Barney and metallica on those unfortunate individuals... not sesame street. don't diss jim henson man,, come on

    --

    This post was brought to you by the number 584811 and the characters / and .

  91. Re:RIAA and DMCA - having your cake and eating it by stratjakt · · Score: 1

    What if I am a P2P user, who shares and gets only non-infringing materials, and the RIAA selects me for a subpeona?

    Then you have your day in court and defend yourself. The burden of proof is on them in the end. If you're sure you've done nothing wrong, go ahead and hire a lawyer too - because at the end of the day you can countersue for all his legal fees. He'll be more than happy to represent a 100% slam-dunk innocent client when he sees those deep pockets.

    BTW, none of this has to do with the DMCA whatsoever. It would have been just as illegal in the 40s if the 'net existed.

    --
    I don't need no instructions to know how to rock!!!!
  92. Senators Back RIAA too by $exyNerdie · · Score: 2, Informative

    If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance

    Why would they acknowledge a legitimate use for P2P programs ?
    They want a complete control over prices and P2P has been causing them woes. Not only that, they have some strong backing from some Senators.
    Senators Back RIAA; First Suit Is Settled

  93. Ask these artists if they got their money!!! by Anonymous Coward · · Score: 1, Interesting

    I was thinking these artists should be appraised of the lawsuit against the little girl, as well as her eventual settlement. We should ask these artists how much of that $2000 they'll actually be seeing, and how it feels to be cracking down (or to support an organization that is cracking down) on 12-year olds. (For those of you who are too dense, yes, I know that the artists are probably getting diddly squat, but ask them anyways, okay?)

    Bobby McFerrin
    Website: http://www.bobbymcferrin.com/
    Direct link to Guest Book: http://www.bobbymcferrin.com/guest.html
    Direct link to Message Board: http://www.bobbymcferrin.com/wwwboard/
    Direct link to Mail: http://www.bobbymcferrin.com/mail.html
    Feedback for Blue Note records (Bobby's label): http://www.bluenote.com/feedback.asp

    Thompson Twins
    Arista Records Message Board (also message board for Avril Lavigne): http://www.arista.com/bb2/
    Mail link: mailto:arista.help@bmg.com

    Eagles
    Joe Walsh's website: http://www.joewalsh.net/
    Direct link to Guestbook: http://www.joewalsh.com/cgi-bin/guestbook.cgi
    "As k Joe": http://www.joewalsh.net/ask_joe/index.html
    Elektr a Records: http://www.elektra.com/
    Eagles home page at Elektra: http://www.elektra.com/elektra/eagles/index.jhtml
    Eagles Elektra Message Board: http://discussions.elektra.com/wm-eagles

    Paula Abdul
    Her website? http://www.paulaabdul.com/index.php
    Contact link from her website: mailto:info@paulaabdul.com?subject=info
    Virgin Records site (mostly useless): http://www.virginrecords.com/paulaabdul/

    Green Day
    Website: http://www.greenday.com/home.php3
    Contact: mailto:greendaymail@aol.com
    Snail Mail: Green Day, 137 N. Larchmont Ave #478, Los Angeles, CA 90004, U.S.A.

    UB40
    Website: http://www.ub40-dep.com/
    Bulletin Board: http://www.ub40.co.uk/cgi-bin/ultimatebb.cgi

    Ludacris
    Ask Ludacris a question: http://www.defjam.com/ludacris/site/external-popup /ask_ludacris.las
    Message Board: http://www.islandrecords.com/www2/bbs/bbs/signin.l as?site_num=29

    Avril Lavigne
    Arista Records Message Board: http://www.arista.com/bb2/

  94. downloading and ripping is not stealing... by The+Lynxpro · · Score: 1

    Ripping the contents of a CD and creating an .Ogg, MP3, MP3+, AAC, or WMA file is not stealing, its conversion at the very most. It is only *theft* if people are downloading the songs in their native CD file structures... Somehow, I have a problem with the RIAA being able to sue people for sharing file formats the RIAA members themselves do not commercially distribute to consumers... Its like a movie studio suing someone for actually owning prints of theatrical releases that they use for their own home consumption instead of owning a VHS or DVD copy which is intended for consumer usage... Its too bad none of the judges haven't had the juevos to dismiss the lawsuits for improperly labeling the alledged crime...

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  95. RIAA isn't Marketing. RIAA is Lawyers. by Speare · · Score: 1

    Get it straight. The RIAA doesn't care what plays, what maximizes profits, what changes culture. The RIAA cares about "protecting" the copyright powers of its member labels. Saying RIAA as a shorthand for "the music industry" is not only inaccurate, but misleading.

    --
    [ .sig file not found ]
  96. Flawed analogy by silas_moeckel · · Score: 1

    The only problem with this is your analogy is flawed. If I had a car made by ford I can allow somebody to come over and make an exact copy of the ford or int eh case of MP3's a lesser copy of the car. It's perfectly legal at least it used to be. There are some issues with software and I'm sure piles of patent issues. These are all just business protections when you get down to it.

    Persoanly it no form of capatilism I know and definatly not free market. Granted there are some things that need some protection for everybody's good it's just question of how long.

    --
    No sir I dont like it.
  97. Plant Man by Anonymous Coward · · Score: 0

    Even better download the plant man.. Plant man knows if the plant man growa . . . the plant man

  98. Oh now you've done it by blunte · · Score: 1

    Yeah this is offtopic, be warned...

    Every freaking year we see MOST STOLEN CAR LIST.

    And every year, unsurprisingly, the most stolen cars are the most sold cars! Wow, how could that be?

    Someday I'd like to see Most Stolen (as a % of sales). Obviously more Honda Accords will be stolen than most other cars, but what cars are the most stolen as a % of their sales?

    Duh.

    --
    .sigs are for post^Hers.
  99. perhaps by _avs_007 · · Score: 1

    perhaps he just wanted her to come over to his place so he could have her download/serve music, so when the RIAA tries to sue him, he can say it was a 12 year old girl...

    1. Re:perhaps by Anonymous Coward · · Score: 0

      /waiting until somebody uses that as an excuse for "just wanting her to come over to his place"...

  100. Re:Girl Power, or not. Maybe. by T-Kir · · Score: 1

    I'm not dissing Sesame Street or Jim Henson, but have a look here.

    --
    Are you local? There's nothing for you here!
  101. Star Trek by Anonymous Coward · · Score: 0

    Jean Luc Piccard is also a thief. He copies all types of things with an nifty device called a replicator.

    1. Re:Star Trek by Anonymous Coward · · Score: 0

      Hmmm. Never thought about that before. These guys must be pretty pissed.

  102. you know by _avs_007 · · Score: 3, Interesting

    Something with a very similar effect could be implemented with low tech. A radio station could have a telephone line to accept requests manually, and then such forward looking free thinking radio stations could actually play what people are asking for.


    Over here, the morning show on the radio is always logged into Yahoo IM, MSN IM, and AOL IM. They actually accept requests this way as well. Though I'm never in front of a computer when listening to the morning show, but they always talk about it...

    1. Re:you know by dillon_rinker · · Score: 4, Insightful

      They say they use IMs to sound cool. They actually just say that someone requested a song when that song was what they were going to play anyway.

      Why do they do this? Because they are owned by Clear Channel. The people you hear were recorded yesterday between 8 and 5 somewhere in New Hampshire. Or maybe Kentucky. They are voice actors who have probably never been to your broadcast area. And the people who call in? Same thing.

      Get a grip people - radio is produced and managed as pre-recorded entertainment.

    2. Re:you know by _avs_007 · · Score: 3, Informative

      This paticular radio station isn't owned by ClearChannel. It's probably one of the few over here (Portland) that isn't. I have called them up before and been placed on the air, and they do local publicity stunts all the time, like free gas and such.

      And I know they really have IM, because they advertise their handles all the time.

      I do understand that a lot of radio is pre-recorded entertainment, but that is why I switched stations... The radio station I listen to now, constantly rips on the other channels and how the so called hosts usually are clueless about Portland. Usually by pointing out mispronounciations of local rivers/landmarks with indian names. Hell the guys on this morning show pretty much all used to work for the other station, so they used to constantly rip on why it sucks to work for ClearChannel....

    3. Re:you know by Merk · · Score: 1

      What's funny though, is that the Indians are probably constantly groaning at how the locals are mispronouncing the local rivers/landmarks.

    4. Re:you know by merchant_x · · Score: 1

      Do you suppose the traffic report is prerecorded too? Cause if it is they need to get those traffic guys to do the weather cause they are spot on at predicting crashes so weather should be no prob.

    5. Re:you know by legojenn · · Score: 1

      What I can't figure out is sometimes after 10 seconds of starting to play a song, the DJ consents to playing a request, has time to go find the track and go back in time to play it. Radio is amazing.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    6. Re:you know by AchmedHabib · · Score: 1

      Larger radio stations have copied the CDs to a central server and finding a song is a matter of looking it up. At the same time it is sadly also a tool for ensuring that the songs that have been choosed to be played, have to be played no matter if the host of the show wants to play it or not.
      And believe it or not, several radio stations have been sued by their national version of RIAA for copying and storing the CD's on these central systems. Kinda sad when it enables the late night, one man show hosts to take requests when he has no one around to go grab the CD.

      It is really interesting to see the radio and TV going digital.
      Some TV channels are broadcasted from an all digital source where all the shows without exception are transferred to a SAN and played from there. Amazing to see a wall of racks filled with harddrives.

    7. Re:you know by DickBreath · · Score: 1

      radio is produced and managed as pre-recorded entertainment.

      Shouldn't you replace "entertainment" with "advertising"?

      --

      I'll see your senator, and I'll raise you two judges.
    8. Re:you know by abischof · · Score: 1

      I dislike ClearChannel as much as the next guy, but are you certain that the callers are also voice actors? And, does that include all callers, or just some of them?

      --

      Alex Bischoff
      HTML/CSS coder for hire

    9. Re:you know by Anonymous Coward · · Score: 0

      I heard on of my sister's friends call the radio station last week and request that a song not be played. I supposed that was recorded in new hampshire too huh? I also saw the dj at a bar last week. whatever do0d.

  103. This is an interesting point by pirhana · · Score: 1

    In fact this is an interesting point. If RIAA stop being assholes and try to make business out of technology rather than trying to turn the tide, they have a future. Otherwise , they will end up in being thrown in to the garbage of history like whip manufacturers. Regardles of any litigation or anything , people would never stop sharing things they possess. Its an inherent human instinct. And modern technology make it just possible. The only way out for RIAA is to sunchronise their business model with the techonolgical revolution and try to profit out of it.

  104. The RIAA acknowledges valid uses of p2p by telebear · · Score: 3, Interesting

    On the radio this morning (KROQ, Los Angeles), there was a lawyer for the RIAA talking about the recent lawsuits being brought...

    She specifically stated that "while there are valid and legal uses of p2p file sharing..."

    It seems like when it suits them, they are willing to accept the existence of P2P programs...

    1. Re:The RIAA acknowledges valid uses of p2p by Anonymous Coward · · Score: 0

      OK I have a comment on how the RIAA is suing people. They don't hold the copy rights on the music. So how can the sue for copyright infringement when its not there copyright? So if its not there copy right then how can they even subpoena the ISP's for something that isn't rightfully theres?

  105. May not be entirely true by justMichael · · Score: 3, Interesting

    If I am looking at a new car and I take into consideration the amount I am going to be paying in insurance when making my decision, I may choose a car based on insurance rates.

    Since part of the rate determination is based on where said car ranks on the most stolen list, I could buy a $30k BMW (not in the top 100) instead of a $22k Toyota Camry (ranked #1 for 2002) and end up spending the same amount monthly.

    In which case I am going to opt for the BMW.

    YMMV. No I haven't done an extensive study on this ;-)

  106. Update Captain Obvious by mdielmann · · Score: 1

    I'm starting a petition to replace Captain Obvious with ObviousMan! This is professionally* drawn, timely, and he has a cool logo. If nothing else, ou have to love the logo.

    *Of course I didn't ask the author! This is /. for God's sake!

    --
    Sure I'm paranoid, but am I paranoid enough?
  107. Federal priorities by SunPin · · Score: 2, Interesting

    Old school, 1980s software pirates will remember the golden rule: the Feds don't give a fuck about software, they will run your ass through the ground over porn.

    Does that still hold true? I think to a large degree it does. Nobody steals software forever and it had a social benefit of educating a large segment of society. Beyond that, nobody cared because it was done largely among small private groups.

    Remember download ratios? It's "keeping it expensive" as Nixon referred to his decision for banning biological and chemical weapons. You need nuclear to be in an elite club. 99% of the idiots downloading today would not have a chance if sysop didn't break the unwritten law of download ratios. Industry wouldn't care about piracy. Neither would the Feds.

    *Unchecked* and easily accessible piracy is the problem that industry has, not piracy itself.

    Hatch's comments are indicative that the government *still* doesn't care about piracy. They don't want people looking at porn. Porn leads to jackasses acting out and committing crimes. This ain't a troll. Anyone with friends in law enforcement has heard stories of punks that clearly got their cues from porn on the net.

    --
    Laws are for people with no friends.
  108. Could we just stop "sharing" copyrighted files... by TheConfusedOne · · Score: 1

    ...for about six months? I want to see those statistics nose dive.

    Then, at the end of the six months we'll take a nice long look at the sales figures from the RIAA member companies. If they still continue to suck then we should send a big letter to Congress saying "WTF?!?!?"

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  109. Are you retarded? by Anonymous Coward · · Score: 0

    What is a better gift then a CD-R burned to your friend/relative/lovers taste?

    Some random corporate pop cd that you wasted money on? Ok sure.

  110. It doesn't really legitmize it by Anonymous Coward · · Score: 0

    Car companies probably look at the insurance industry's list of the most frequently stolen cars to see what cars are hot. That doesn't make stealing cars legal.

  111. $2,000 settlement by mrmcwn · · Score: 1
    C'mon. As if we can't all see through the smoke and recognize a bad PR ploy when we see one...

    RIAA: "Here's $4,000. We're going to settle for $2,000 and you can keep the rest, but we're going to use your name in the media to make an example."

    Brianna: "That's a lot of Barbie dolls. OK!"

  112. Why DJs have everything written out by sahonen · · Score: 5, Informative

    I'm a television student.

    Broadcast copy is written in a rather unusual format to make it easy for the on-air talent to read, because believe me, the LAST thing you want is to screw up on air. On-air talent frequently has to concentrate on several things at once (why don't YOU try reading from a teleprompter while listening to the producer in your ear while the floor manager is signaling at you), so the read becomes an automatic process that directly connects their eyeballs to their mouth.

    It doesn't go to the extreme of "Em-Pee-Three," but typical broadcast copy might look like:

    The R-I-A-A is claiming five (b) billion dollars in damages from file sharing on Kazaa (kuh-ZAH). Slashdot T-V brings you this story and more at 11 o'clock.

    Only it's typically all uppercase, but I'm not going to tempt the lameness filter.

    --
    Make me a friend and I'll mod you up
    1. Re:Why DJs have everything written out by Anonymous Coward · · Score: 0

      quote: "I'm a television student." *cough*snigger* quote: "the on-air talent" are you talking about...TV presenters? *cough*snigger*

    2. Re:Why DJs have everything written out by RATBOON · · Score: 1

      t. . e. . s. . t.

      --
      ---- oh no - it's the RIAA and their $100000000 fine. I'm gonna take that so seriously...
    3. Re:Why DJs have everything written out by sahonen · · Score: 1

      Radio copy and television copy are written exactly the same. Don't think radio people don't have a lot to concentrate on, too. Try reading a script in exactly 30 seconds some time. Half the fun is trying to look at your script and the clock at the same time.

      --
      Make me a friend and I'll mod you up
    4. Re:Why DJs have everything written out by Reziac · · Score: 2, Funny

      There are a couple newscasters
      in the Los Angeles market who
      pause at the end of each line,
      just like the narrator on the
      old Fractured Fairy Tales
      segment of Bullwinkle, so the
      effect is kinda like reading
      this post. :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:Why DJs have everything written out by abischof · · Score: 1

      That type of shorthand is really interesting. Do you know any URLs where I could read more about broadcast copy?

      --

      Alex Bischoff
      HTML/CSS coder for hire

    6. Re:Why DJs have everything written out by sahonen · · Score: 1

      Well, the point is to eliminate shorthand, because any time you use shorthand that needs to be decoded, you introduce the possibility of a mistake.

      Actually, most people on /. could probably read news copy just fine (the tricky part is being able to time it out to the second, that takes practice). It's just that your average person (if my classmates are any indication) doesn't read that much, so they're not as efficient at it, so they need all the help they can get. And like I said before, the TV Anchor has to keep track of a ton of stuff, it's not as easy as it looks. That's why they get paid so much when the people like me who shoot the stuff get paid like nothing. Not that I'm bitter. =P

      Since I learned all this stuff from a book, I don't know of any web sites that teach this stuff, but I'll see if I can make a journal entry about it, since I don't want to clog /. with too many offtopic posts. (Too late =D)

      --
      Make me a friend and I'll mod you up
    7. Re:Why DJs have everything written out by sahonen · · Score: 1

      Two words... Paul...Harvey. I can't stand listening to him. People who can't do a smooth read don't belong in a huge market like Los Angeles, much less nationally syndicated talk radio. I'd propose to replace him, but I have a really annoying voice, which is why I'll be perpetually behind the scenes.

      My classmates say that I'd be the perfect on-air/camera talent if my voice wasn't so annoying. Oh well. =(

      --
      Make me a friend and I'll mod you up
    8. Re:Why DJs have everything written out by Reziac · · Score: 1

      Oh, but with Paul Harvey, it's *style*. 1930s when-radio-was-just-filtering-out-to-the-yahoos style, but nonetheless STYLE. All the critics say so. ;) But I know what you mean. A person can only take so much of that before remembering that enough duct tape silences anyone.

      One of these eye-before-ear-except-after-brain types I referred to evidently doesn't even skim ahead -- one day the effect was such that an ordinary and not very interesting headline was transformed, by the ill-timed pauses, into a horror story about violent crime!! I don't remember how it went, but something to the effect of "There were 10,000 murders!!" instead of "There were 10,000 murders over the past 100 years". Ooops!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  113. Great Value... by dfj225 · · Score: 1

    Now, I'm not in business or anything like that, but it would seem to me that a market research tool like this with 60 Million user participation would be worth much more than if they got rid of p2p and forced everyone to buy their music.

    --
    SIGFAULT
  114. Paging Muhammed Saeed al-Sahaf by Anonymous Coward · · Score: 0

    Many people go out and buy music based about what they download from p2p networks.

    Where's the RIAA information minister when you need him? Come on, this is clearly a lie. It's been well established that file sharers are hardened criminals, who will never again buy anything, and routinely mug the elderly for their pocket change and dentures.

    You will be found, and made to pay for spreading your evil lies

  115. Re:RIAA and DMCA - having your cake and eating it by ArekRashan · · Score: 1
    That's not the point. They won't even sue me if I'm not an infringer, but my privacy has already been violated, and that can't be taken back. I would have to sue the RIAA for damages at that point if I hoped for any remedy to the violation, but the burden of proof would be on me at that point.

    And the effect of the DMCA is central to my point: In the 40's, the RIAA would have had to get a judge to approve this violation of my right to privacy; today, thanks to the DMCA, all they have to do is open up a document template and send form letters containing my username to a court clerk and my ISP. It's a subpeona mill and I feel like it is a violation of the due process rights of anyone so targeted.

    I'm not saying that filesharing should be legal or that the RIAA is wrong to sue filesharers, or even that they are wrong to issue these subpeonas under the terms of the DMCA. What I am saying is that the DMCA is bad law that allows any corporate entity with enough money and copyrights to become essentially a private, unsupervised enforcement agency. There's no chain of accountability, and no impetus to responsibility in this process. It certainly doesn't help that the RIAA's "fear and awe" (BusinessWeek) strategy doesn't even remotely resemble a rational attempt to fix the societal problem we seem to have regarding respect to copyright.

    It might be nice to have the opportunity to teach kids not to steal music because it's wrong to do so, but this whisper will not be heard over the thunder of the RIAA's lesson: Don't steal music because if a big company owns it they will make a good level go at wrecking at least the next ten years of your life.

  116. Re:Right... (Try Again) by Omestes · · Score: 2, Interesting

    There is a very basic flaw in this car theft = file trading. I don't see MILLIONS of car theives sitting around trading cars with out each other. I don't see these, generally lower income, car theives being potential cusotmers. I also don't see these car theives showing what the actual public demand for any particular automobile.

    I'm betting that filer-sharers are mirroring the ACTUAL demand, since the ratio between honest and dishonest is smaller, or nonexistant. Maybe if cars were easier to steal there would be a simular ratio. Cars happen to be physical though, so I doubt thats going to happen.

    If your going to make an analogy and stick with it, please find one that FITS. Or better yet, discuss the actual issue, since all analogies are flawed.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  117. Don't believe the hype by gosand · · Score: 1
    No wonder there's no:
    6- PROFIT!

    A common misperception. The RIAA would love for you to believe that they are not making a profit. By talking about how much money they are losing, and how much the public is stealing from them, they like to present the image that they are not making a profit. But I guarantee you that they are making TONS of money. In this weak market, and with their Jurassic business model, they might be making less money than they have in the past, but you can rest assured that they aren't starving. ESPECIALLY since the RIAA doesn't actually DO anything. It is an association that collects money from all its members when they do the work.

    If the music industry fails, it certainly won't be because of lack of interest. If anything, people listen to music much more today than they have in the past due to advances in technology.

    --

    My beliefs do not require that you agree with them.

  118. Who is blowing smoke here? by YrWrstNtmr · · Score: 4, Informative

    BigChampagne?
    "Because the current active audience numbers in the tens of millions, and is made up of highly motivated "early adopters," we have been able to observe close correlations between online interest and offline sales. "

    or the RIAA?
    "Says an RIAA spokesman: "In our view, piracy is the primary reason for the decline in sales."

    I know who I'd tend to believe on that. How about you?

  119. The Game Plan by glenrm · · Score: 1

    Here is the game plan, they will take legal action and make headlines up through Christmas time. Napster will be re-launched as a legal pay P2P service. The record companies will make it clear that this service is legal and has the blessing of the RIAA. If Napster (minus independant label content) is a hit they will back off of the legal action, they may even offer a blanket amensty for Napster customers. This is a guess on my part and I think it is a strategy that may work if the Napster service is viewed as a fair one.

  120. A real slowdown by happydude13 · · Score: 1

    i would've thought that the slowdown in downloads might simply be because everyone has got everything at this stage

    --
    Visit IrishWan to make the world a better place.
  121. RIAAs new tool by t_allardyce · · Score: 1

    They could always build their own file-sharing network - they way it would work is you choose all the songs you _want_ to download, and then it downloads white noise and sends off the list to the RIAA so they can a) sue you for "attempted" infringement and b) see what music you like so they can play it on the radio.

    --
    This comment does not represent the views or opinions of the user.
  122. they used it to SPAM by Elminst · · Score: 0, Troll
    from 2nd page of article:
    Allison built a program that sent anyone sharing a Toad song an invitation to join Phillips' mailing list, and they decided that if it looked promising they would start a business. "The opt-in rate was 20 percent!" says Zack's father, Tom. "A good opt-in rate is usually 2 or 3 percent."


    Translation:
    They SPAMMED the users downloading those songs!!!

    We gotta be able to turn that against the record labels somehow...
    --
    No unauthorized use. Trespassers will be shot. Survivors will be shot again.
    1. Re:they used it to SPAM by Elminst · · Score: 1

      Hmmm, so pointing out an obvious truth from the article makes me a Troll...

      GG mods!!

      --
      No unauthorized use. Trespassers will be shot. Survivors will be shot again.
  123. Communications Interception by MyNameIsMok · · Score: 2, Interesting

    hi,
    isn't intercepting and monitoring communictions which were not intended to be sent to you illegal under current wiretap / monitoring statutes? i.e. is what big champagne doing illegal (unless, of course, the P2P networks are allowing them access to this information)?
    sTc

    --
    Most things worth doing are worth doing twice. -- me I think or was that my boss' methodology?
  124. So could a chop shop _buy_ cars? by yerricde · · Score: 1

    Some time just for grin find the cost of buying parts for your car, and start adding them up. You'll quickly come up to a sum much greater than what you paid for the car.

    Then why haven't some of the car thieves gone legit and bought cars to chop up?

    --
    Will I retire or break 10K?
    1. Re:So could a chop shop _buy_ cars? by cens0r · · Score: 1

      Because every single part of a car has a VIN on it. Legitimate parts have to come from legitimate sources. The car company would easily catch on to people chopping cars that they bought. They would then void warranties of cars using these grey market parts. Then they people would have to start selling their parts for less money because there is a lower demand. That's what happens with stolen parts now. The garage doing the repair work isn't willing to pay $450 for a stolen headlight assembly when a new one from the factory is $500. Now if you start selling them for $100 you've got a deal. Thus making it impractical to buy cars and chop them for parts. Also keep in mind that most cars stolen and chopped for parts are older cars that are no longer manufactured. Making it impossible to buy a new car to chop.

      If you don't believe me here is a link: Aftermarket Parts. If you're too lazy to read it I'll sum it up. A $23,000 1999 Toyota Camry would cost over $100,000 to build from parts.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    2. Re:So could a chop shop _buy_ cars? by Anonymous Coward · · Score: 0

      we don't call those "chop shops" we call them "junk yards" ... junk yards buy cars (not just wrecked cars) and part them out. They do lots of business selling front and back clips, the two of which are welded together to form a mostly complete car.

  125. Another company by Anonymous Coward · · Score: 1, Informative

    Don't forget Media Sentry - another company that provides data to the RIAA:

    http://www.mediasentry.com

  126. Re:who cares if the labels recognize a legitimate by Anonymous Coward · · Score: 0

    The key thing here is that the record companies are getting better data through P2P than through other channels about what people would buy. There is value to that data. So at some logical point the value of that data verses the lost sales through trading would be profitable for the record companies. Finding that balance could provide a temporary solution.

  127. To complete the metaphor... by bennomatic · · Score: 4, Interesting
    ...you'd have to picture auto theft as someone simply replicating a car, taking the working copy, and running off with it. In this case, the original owner still has his/her car and is not going to buy a new one, hence no profit for the industry.

    Not that I think the RIAA's stance is a good one, but I'll take a questionable RIAA over a bad metaphor any day.

    --
    The CB App. What's your 20?
  128. Re:Right... (Try Again) by SirSlud · · Score: 2, Insightful

    Its a group (the RIAA) calling file trading immoral and criminal, and then paying somebody to use file trading in order to beef up their marketing data.

    Whether its cars/tv shows/etc .. the point is, they are associating with the very people they identify as criminals and aquiring self-professed marketing data. Its hypocricy. That's all. Analogies are flawed but useful. They become less useful the more literally people insist on taking them. If somebody can't pick out what parts of analogies a person is relying on to prove their point, and which parts of analogies a person expects you to ignore, they they probably shouldn't be arguing in the first place.

    In my example above, it should be obvious that its not important *what* commodity or copywritten work we're talking about, only that a group is associating with the very community it says is illegal to associate with. Whether or not the people in that illegal community are providing you with useful data/service is completely besides the point; at the extreme end of the point, the RIAA is moronic and is wasting their money anyways.

    Its not up to somebody pointing out their hypocricy to credit or discredit the likelihood of the RIAA achieving their intended goal of aquiring solid, representative market research, nor is it a particularly relevant or interesting point to think about. Who cares if the the money the RIAA gives these guys is worth the market research they get back. The point is that its hilarious that the RIAA is paying people to interact in the filesharing community they claim is 100% cancerous to their business.

    --
    "Old man yells at systemd"
  129. This will help CC and the RIAA by FullCircle · · Score: 5, Insightful

    If you listen to a Clear Channel station (how can you NOT listen to one) you notice they play the same 20 songs all day and all night.

    I don't know about you, but if I hear the same songs every time I turn on the radio, I have NO need to by the CD. I get burned out on it for free.

    If they start using this info and get more artists on the air it can only help. This could increase their ratio of "listeners due to lack of choice" to "willing listeners" and help their advertisement revenue.

    It will also help RIAA and non-RIAA affiliated labels sell more records by getting more airplay for lesser known artists. Less total air time for the current top artists would help them not to give away the need to buy while also not making people think of them as annoying.

    IMHO, quite a bit of the RIAA's low sales can be traced back to the Clear Channel monopoly.

    How can using these P2P statisics be a bad thing?

    --
    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
  130. Limit to the number of songs by yerricde · · Score: 2, Insightful

    There is no real limit to the number of songs that can be written

    Most emphatically false.

    Music theory sets a combinatoric limit on the number of possible sequences of discrete notes. Copyright case law sets a limit on how much can be copied before the copying warrants a finding of infringement. Therefore, it's possible to infringe by chance. Please read my white paper about this issue.

    --
    Will I retire or break 10K?
    1. Re:Limit to the number of songs by HiThere · · Score: 1

      FWIW: Read Spider Robinson's "Melancholy Elephants". We're almost in that world.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Limit to the number of songs by ichimunki · · Score: 1

      Interesting theory, but if your assertion is correct, the music industry should be screeching to a halt any time now.

      --
      I do not have a signature
    3. Re:Limit to the number of songs by Nucleon500 · · Score: 1

      Yeah. If they were reaching the limit, they'd probably be slowing down at this point, putting out a bunch of repetitious crap, with no hope for variety in sight. Luckily, that's not happening.

  131. Re:You don't go around breaking rules... by hackwrench · · Score: 1

    Rulers may be mistaken about their own interest in what they command. In this case it is not just to obey the ruler. Is he who is mistaken about the sick a physician in that he is mistaken? or is he who errs in arithmetic or grammar is an arithmetician or grammarian at the time when he is making the mistake, in respect of the mistake? True, we say that the physician or arithmetician or grammarian has made a mistake, but this is only a way of speaking; for the fact is that neither the grammarian nor any other person of skill ever makes a mistake in so far as he is what his name implies; none of them err unless their skill fails them, and then they cease to be skilled artists. No artist or sage or ruler errs at the time when he is what his name implies; though he is commonly said to err, and I adopted the common mode of speaking. But to be perfectly accurate, we should say that the ruler, insofar as he is a ruler, is unerring, and, being unerring, always commands that which is for everyone's interest; and the subject is required to execute his commands.

  132. "And you know, I kind of admire them for that." by Anonymous Coward · · Score: 0

    I admire their tactics teh same way i admire the tactics of the guys who took out the world trade center.

  133. I agree by Stephonovich · · Score: 1
    Definitely. If the people realized that all these Me-Too acts are stupid, they might stop downloading them, and then where would the RIAA be? 90% of the stuff I download is either older, obscure, or at least non-mainstream. I can't see the RIAA coming after me for downloading Pink Floyd or Rammstein.

    OTOH, why don't more people listen to local bands? I would much rather support a local band I've met and talked with than any mainstream band.

    (-:Stephonovich:-)

    --
    "Who needs reincarnation when we've got parallel universes?" -Me
  134. Re:Maybe Pop will become less popular! if...... by ITman75 · · Score: 1

    the way i see it using P2P is no different the getting out a blank tape and recording it off the radio station.

  135. Easy. It is all in the query. by Dog+and+Pony · · Score: 1

    "Jenna Jameson mp3"?

    Or, since I use DC++ and wouldn't touch Kazaa, I'd just set it to search audio files. Now, your band better be good after I waste my bandwidth on you. ;-)

  136. Re:RIAA isn't Marketing. RIAA is Lawyers. by yerricde · · Score: 1

    The RIAA doesn't care what plays

    The RIAA is concerned not only with sound recording copyrights but also with "gold" and "platinum" certifications of albums and singles.

    --
    Will I retire or break 10K?
  137. I still don't get it... by kannibul · · Score: 0, Troll

    How can people think that sharing someone's intellectual property, without thier permission or control, is legal?

    If for instance, someone put Microsoft Office 2003 on Kazaa, and people downloaded and installed it as often as people download music, Microsoft would be doing the same thing, JUST AS ANY OTHER COMPANY THAT HAS INTELLECTUAL PROPERTY THAT IS BEING VIOLATED BY ILLEGAL USE.

    Sorry for the caps, but I want to make my point clear that this isn't a "Microsoft" debate, but just using them as an example.

  138. Porn, or kiddie porn? by Unknown+Poltroon · · Score: 1

    Youve got to clarify this a little.

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    1. Re:Porn, or kiddie porn? by Anonymous Coward · · Score: 0

      it's not just kiddie porn.
      i've often tried to immitate things i've seen in porn, but i'm pretty sure most of them aren't illegal yet.

    2. Re:Porn, or kiddie porn? by Anonymous Coward · · Score: 0

      depends what state you're in....

  139. Encrypted P2P by guyjr · · Score: 1

    You know, it's about time somebody figured out a way to use PGP with all these P2P networks. The idea I have is simple: Use a one-way hash to encrypt every search keyword, and include the hash key in the search packet. Each client would then have to encrypt each keyword in their filename table with the hash key to be able to compare with the hashed keywords. This means that all of these "spy" companies would have to encrypt trillions upon trilliions of keyword / hash pairs in order to hit upon just one search... not a feasible task for these low-budget companies.

    Does this just sound like fantasy land, or should I get cracking on the code? I'm really sick of all this legal bs... let's put the RIAA and these f'ing lawyers out to pasture once and for all, eh?

  140. Re:Right... (Try Again) by Anonymous Coward · · Score: 0

    wait a minute... who said that they are hiring people to do that, anyways?

  141. Songwriters can infringe too. by yerricde · · Score: 1

    1) Write song
    2) Give song away

    3) Get sued by a half dozen music publishers who claim you plagiarized their songs.
    4) Be forced to settle because you don't have enough cash to hire an attorney to defend you in court.
    5) LOSS!

    --
    Will I retire or break 10K?
    1. Re:Songwriters can infringe too. by HiThere · · Score: 1

      Your calculations are optomistic. Most random collections of notes sound more like noise than like music.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Songwriters can infringe too. by ShieldW0lf · · Score: 1

      Yeah, thats why there are no indie bands out there.

      Thats why Lessings Creative Commons licenses are in use by nobody whatsoever.

      Unsigned bands exist, therefore unsigned bands are clearly capable of releasing music and profiting off it. Therefore, your argument must be wrong.

      --
      -1 Uncomfortable Truth
  142. Slashdot is populated with retarded morons! by Anonymous Coward · · Score: 0

    They chosen by the lables to represent the lables you dumbass! The lables give them permission
    and pay them to take care of issues like piracy.

    Now you can go back to shouting about how evil they are ,and using what ever reasoning you can to justify not paying for and stealing copy-righted works.

  143. Re:Right... (Try Again) by Anonymous Coward · · Score: 0

    RTFA?

  144. Not again by Overly+Critical+Guy · · Score: 1

    This same post comes up every single time there's a p2p article, and it's never any less wrong (no matter how many Slashbots fall over themselves trying to mod it up fast enough).

    I don't know why people always try to liken music sharing to property theft. It's just not the same thing.

    Yes, it absolutely 100% is. It's intellectual property theft. You are stealing music, because you didn't pay for that music. The object in question doesn't matter. You're decreasing its value by not paying. You owe money, but you aren't giving it. You stole their owed profits by obtaining their product without paying for it. Why is this simple concept so hard for downloaders to understand? Oh, that's right, they're just so used to the convenience of downloading that they've justified it in their minds to alleviate the guilt.

    I would say half of my music downloads (and I don't download very much) lead to CD purchases.

    The other classic argument people make, as if that justifies the copyright infringement going on. You're in the minority, and it doesn't matter anyway, it's still illegal.

    --
    "Sufferin' succotash."
    1. Re:Not again by Anonymous Coward · · Score: 0

      Minority HUH! I guess that is why international
      conventions and agreements are very specific in
      stating that copyright infringement is NOT F****
      STEALING! Now if it is something the international
      community can agree upon then why does copyright
      infringment get associated with theft every damn 5
      minutes on slashdot.

  145. Negativland tried this by yerricde · · Score: 1
    --
    Will I retire or break 10K?
  146. Did anyone read this as... by akudoi · · Score: 1

    The RIAA Gets Out Of File Sharing!?

    For a second I thought hell froze over!

    We all can dream, cant we?

  147. Try again by KalvinB · · Score: 1

    "Doing that would be, in part, sanctioning theft by associating with those that commit it."

    The RIAA isn't going to the thieves. They're simply gleaming publicly accessible information. It's as idiotic as claiming that reading a book written by a criminal is sactioning their criminal act(s). Law enforcement agencies "associate" with criminals all the time to bring down groups from the inside.

    As long as YOU don't commit a crime or aid in the committing of a crime, you can associate with whomever you want.

    The RIAA isn't helping anyone steal anything. They're simply taking data while they work to take them down.

    I'm sure there's at least a couple more straws that havn't been grasped at yet. Keep looking.

    Ben

  148. Re:RIAA and DMCA - having your cake and eating it by glenrm · · Score: 1

    Almost perfect, now change "but my privacy has been irrevocably and severly compromised without any redress" to "but my time, reputation, and property (i.e. computer) has been irrevocably and severly compromised without any redress". Wait a minute wouldn't it be slander...

  149. Inflation by yerricde · · Score: 1

    And shouldn't 20+ years be sufficient to recoup those costs?

    Those who bore the costs of R&D for the Compact Disc Digital Audio have recouped those costs. However, the price of labor has gone up. Such labor includes clearing the rights to the songs, recording the songs, promoting the songs to Clear Channel through a so-called "independent" agency, and renting shelf space inside Wal-Mart and Best Buy. When converted to multiples of the Consumer Price Index to correct for the shrinking value of the dollar with respect to labor, CDs cost now about as much as LPs cost when CDs first came out.

    --
    Will I retire or break 10K?
    1. Re:Inflation by Barlo_Mung_42 · · Score: 1

      So why the fuck are tapes still cheaper when they cost more to produce?
      No. Let them roast for the way they treated their customers.

  150. Re:Girl Power, or not. Maybe. by homer_ca · · Score: 1

    Are the Marines in Cuba paying ASCAP their public performance royalties? Pirates! Pirates!

  151. They had one thing going for them by The+Tyro · · Score: 1

    The "mute" button.

    Once you hit that, their videos were pretty groovy... I felt a little like Bob Dole in that Britney Spears Pepsi commercial.

    --
    Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
  152. Why do you ask? by Overly+Critical+Guy · · Score: 1

    Why should you care? Unless you're illegally sharing and downloading music.

    But we're against illegal things at Slashdot...right? I guess I couldn't tell from all the pro-piracy cheerleading going on here.

    --
    "Sufferin' succotash."
    1. Re:Why do you ask? by Cpt_Kirks · · Score: 1

      Unless you're illegally sharing and downloading music

      Personally, no. Since everybody knows that no music worth listening to was created since the 70's, my LP collection keeps me warm at night.

    2. Re:Why do you ask? by Anonymous Coward · · Score: 0

      It's called privacy. Look into it. Some people would rather just not have some people know who they, regardless of what they are doing. Why don't you start putting your ip address in all your messages here on Slashdot?

  153. Re:Maybe Pop will become less popular! if...... by Overly+Critical+Guy · · Score: 1

    If the Major Lables start reacting to what the public is actualy listening to...

    Um, guess what people are buying? Why do you think certain artists appear in top 10 spots? Because people buy that shit. Regardless of whether or not the geek clique at Slashdot approves of it or not. ...instead of trying to convince people to buy a product thaey have produced.

    It's called advertising and distribution. You did realize that's what record labels are for, right?

    --
    "Sufferin' succotash."
  154. RIAA vs. labels by Atario · · Score: 1

    Seems to me that this article is saying the labels themselves (Warner, Interscope, Atlantic, et al) do in fact see the value in letting P2P run wild. It seems only the RIAA, which is supposed to be representing the interests of the labels, has decided on a different course!

    Is this a case of the left hand not knowing what the right hand (and both feet, internal organs, skin...) is doing? (Like congresscritters doing something contrary to what the people they represent want?) Or is it a case of good cop(s)/bad cop? ("Let the RIAA get all the ugly publicity doing our dirty work for us while we go about our business?")

    Anyway, I'm rather interested to find out if the RIAA finally changes its tune when Hillary Rosen steps down at year's end. Maybe she's just a dragon lady who needs to go away and quit bothering everyone.

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  155. Re:Maybe Pop will become less popular! if...... by Anonymous Coward · · Score: 0

    Blank tapes have a tariff on them to cover music copying. CD's do too, but the RIAA gets no money untill you burn your songs to CD.

    So P2P is diffrent, untill the point when you burn a CD, then the RIAA gets some money back.

    I just hope that once the RIAA kicks the bucket in the end, someone remembers to take thoses tariffs off of recording media.

  156. Oh boy! by Anonymous Coward · · Score: 1, Funny

    "Anyone with friends in law enforcement has heard stories of punks that clearly got their cues from porn on the net."

    And anybody who trusts LEOs for understanding criminal psychology deserves all derision they get. Its like asking an auto mechanic which is the best designed car engine. It seems reasonable until you understand that fixing an engine has very little to do with designing or understanding an engine.

    But I suspect most of you idiots won't see the difference. Most of you, I suspect, are in law enforcement or fixing cars.

    Laws are for people with no friends.

  157. Let's not forget who started stealing the music by Anonymous Coward · · Score: 0

    in the first place.

    The RIAA started acting like assholes when you assholes started stealing their product on a massive scale.

  158. Yeah, and get you TOSsed off by yerricde · · Score: 2, Insightful

    but networks like waste are coming with possibilities of saturating your inbound and outbound lines

    And getting users kicked off their ISPs for violating the "excessive use" provisions of the typical residential acceptable use policy. Remember that in many areas of the United States, there is one ISP with a monopoly guaranteed by a municipal utility franchise; thus, switching ISPs costs $200,000 to move the whole family to an area served by a different ISP.

    --
    Will I retire or break 10K?
    1. Re:Yeah, and get you TOSsed off by gl4ss · · Score: 1

      well, you don't HAVE to saturate it to the full, you can just use, say 20kbyte/s all the time for that(in which the program also puts it's transfers).

      besides, it sounds more like an isp problem to me anyways. around here it's pretty much the norm to saturate the link anyways if you buy it from a commercial provider and pay for a (for example) 512kbit/256kbit link with flat fee(of say, 40).

      of course, these don't apply to links like university student housing provided net, where i can understand that it is not acceptable to try to fill the 100mbit link that leaves from my flat and pay 12 euros per month for. but if i paid for it as a 512/256 from the telco that the telco advertises as flat fee, use as much as you want, i'd be royally pissed if i wouldn't be able to do so(with totally legal stuff, randomly generated data to protect my privacy), the fact that there's something hidden in the contract papers wouldn't deterr the fact that it was advertised as flat fee use all you want connection. but then again, you don't have consumer spokesmen(not sure of correct translation) employed by the state there then?

      --
      world was created 5 seconds before this post as it is.
  159. I've read that by yerricde · · Score: 1

    Been there, read that. Any suggested solutions?

    --
    Will I retire or break 10K?
    1. Re:I've read that by HiThere · · Score: 1

      Shorten the copyright to something reasonable. Like 15 years. Or even 5.

      Or have the copyright revert to the author whenever a work goes out of publication. I.e., all rights revert to the author. All. Any pre-existing contracts are automatically voided. But if he doesn't get it back in print within 2 years, the copyright expires.

      Or...

      The basic idea of all approaches is that if something isn't being sold, then there isn't a reasonable cause for maintaining a copyright. This copyright could be renewed if it gets back in distribution before someone else starts distributing either it or something substantially the same.

      I would add an addendum that for the life of the author he had the right to re-issue his work, regardless of whether or not someone else had issued something substantially similar and acquired a copyright on it. (But he would need to prove that his original was distributed before the later copyright was granted.) This could lead to two different people having separate copyrights on the same work with different titles, but I see nothing wrong with that.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  160. Re:Maybe Pop will become less popular! if...... by Glamdrlng · · Score: 1

    I think the fact that record labels are making use of data harvested from p2p networks is a clear sign that the RIAA has given up whatever tenuous claim to moral high ground they may have had. If they are prosecuting downloaders while simultaneously profiting off of downloader data, that indicates that the lawsuits are just one more way for them to bring in extra cash. When you consider the poll in this month's Wired asking what it would take for users to stop downloading mp3's, only 11% said that a lawsuit from the RIAA would make them stop.

    Contrary to popular belief, the RIAA has adopted a new business model: profiting off of downloaders while at the same time suing them for "lost sales". This is a business model that will scale, since only 11% of downloaders will stop downloading, no matter how many lawsuits the RIAA files. The DMCA plus a perpetual supply of defendants guarantee a study stream of supplmental income.

    D!cks.

    --

    Yes, my only tool is a hammer. And you're starting to look like a nail.
  161. I think there is a breakdown in logic here ... by Breakerofthings · · Score: 1

    Not to defend the RIAA; much of what they are doing makes me sick (my wife and I are boycotting), but this story seems a little rabid to me. Quoted:

    "If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance."

    So let me ask you this: If auto manufacturers analyzed theft patterns to determine which of their cars are most popular ... does that imply that they condone the theft (thus "undercutting their case?")

    Ah, you say, your analogy is flawed ... RIAA is saying that ALL file swapping is evil ... so I ask, if the American auto manufacturers analyze theft statistics, or sales statistics, of foreign cars (or ALL cars, foreign and domestic), in order to design marketing/product to better serve the market, does that undercut their case for, say, higher import barriers/tarriffs? (RIAA wants you to listen to music; it just wants you to obtain it from their sources; so that they get paid, just as, say, GM wants you to drive, they just want to you drive a GM product)

    I fail to see how RIAA making use of these statistics affects, in any way, their position that downloading music "illegally" is bad ... I think that it would be foolish to NOT take advantage of any useful marketing information, even if you believe that the activity it represents is harmful to you.

    1. Re:I think there is a breakdown in logic here ... by Anonymous Coward · · Score: 0

      The car analogy should never have been brought up on /. But since it's now entrenched here, we might as well clarify it.

      What the RIAA is doing is, on the one hand, claiming P2P is inherently evil, while on the other hand using it as marketing data.

      The only thing car manufacturers can gleam from theft data is what cars could benefit from more thorough antitheft systems. Using car thefts to predict car sales is preposterous.

      As for the RIAA using this data, it is harmful to their prior arguments about P2P. Previously, they claimed there were NO legitimate uses for P2P networks. This is one case of a legitimate use of it (even if the searches it relies upon are less than legitimate).

  162. Magnuson-Moss Warranty Improvement act by yerricde · · Score: 1

    They would then void warranties of cars using these grey market parts.

    In the United States, the Magnuson-Moss Warranty Improvement Act states that a manufacturer can void a warranty for using off-brand parts only if it can prove that the repair was made necessary because of those parts.

    --
    Will I retire or break 10K?
    1. Re:Magnuson-Moss Warranty Improvement act by cens0r · · Score: 1

      But, chopping up a car for it's part is not an off-brand part. GM can void the warranty of a GM car for using a GM part that they did not certify for repairs. That would be the case if you are using a chopped engine in your car. Now if the car is reported as totalled and the parts are then sold as used that's ok because the VIN on the parts will show up in the database of OK used parts. But a chopped car won't thus allowing GM to voide the warranty, punish you (for reciving stolen property), and punish the garage for using the parts.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    2. Re:Magnuson-Moss Warranty Improvement act by yerricde · · Score: 1

      GM can void the warranty of a GM car for using a GM part that they did not certify for repairs.

      Are you sure GM can do that under the Magnuson-Moss act? If so, can you point me to appropriate references?

      But a chopped car won't thus allowing GM to voide the warranty, punish you (for reciving stolen property), and punish the garage for using the parts.

      If one purchases a car to chop it, where is the stolen property? Or does "stolen property" in this case refer to patent infringement, using the entertainment industry's "infringement == theft" rhetoric?

      --
      Will I retire or break 10K?
    3. Re:Magnuson-Moss Warranty Improvement act by cens0r · · Score: 1

      Are you sure GM can do that under the Magnuson-Moss act? If so, can you point me to appropriate references?

      Unless the act forbids them from doing it, they can.

      If one purchases a car to chop it, where is the stolen property? Or does "stolen property" in this case refer to patent infringement, using the entertainment industry's "infringement == theft" rhetoric?

      I'm not completly sure. I don't want to be the one to find out though when GM sues me. Besides, when chopping a car, I imagine it is very hard to get enough parts out of it in good enough condition to actually resell to generate a profit.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  163. Off topic rant about "pop" by hellfire · · Score: 1

    Okay, I'm sick and tired of people saying "pop sucks and no one wants it." What people want is peace on earth, $100 million each, and a self cleaning home with a sound proof sex-rumpus room. In the meantime, they'll settle for some other level of comfort.

    The problem with the music industry is exactly that, they ARE giving people what they want. You have to look at the demographics.

    First of all, people aged 25+ have a huge variety of music tastes. I've yet to meet two people who have exactly the same taste in music. In fact, of the people in this age group I know who download music the most, I see them liking just about everything they download! Now in truth, the most common thing they don't download are the cookie cutter pop idols.

    So, who's paying for the pop idols? Simple, 12-18 year olds. Human beings who are still developing the logical front lobes of their brains. Human beings who tend to make decisions based on emotions rather than higher reasoning.

    My appreciation of art comes from learning about art, absorbing information, and using that information to process the art in front of me. An adolescents appreciation of art starts and stops at "oh me likey, want to buy!" and its based strictly on emotional directives: identifying with the group, identifying with others who like the band, simple lyrics and songs which are easy to identify, and image. Teens, as a group, also have the largest amount of disposable income. They get money from their parents, and from their own jobs, and yet do not have to support themselves because, except in very sad instances, their parents paying the their expenses not related to clothing and entertainment.

    You can see this in how Justin Timberlake and Christine Aguillera are starting to grow up and try to do something different than what they did before. They are at least making an attempt at being serious artists (I didn't say they were, just that they are making an attempt), something that their teenage brains didn't understand until now.

    And the recording industry targets this, because its what teens want and its where the money is! Teens want to be different from their parents, but they want to be like other teens, and it doesn't make sense to most of us with more logical brains because we are either developing mentally more quickly (a minority in teens) or we are already grown out of this. If you want to solve this problem, have your own kid, and try to get them to appreciate your kind of music or some other kind of music and try to get them to not want to listen to Brittany or Backstreet boys. Believe me its not easy.

    --

    "All great wisdom is contained in .signature files"

  164. What the article is really saying... by GoodNicsTken · · Score: 2, Interesting

    "Basically, it means listeners can't get that tune out of their heads - they probably downloaded it after hearing it only once - and radio stations ought to put the track in heavy rotation."

    and

    ' "I threw it into my call-outs, and it was reactive, so we made it a subpower," a song that plays 40 to 50 times a week. '

    And the labels just can't figure out why fewer and fewer people listen to radio? For every "Hit" there are 5-10 independents out there with mucic that is just as good. Where is this music? Well the inde's can't cough up $10K-1M to pay the radio stations to play thier songs. (Yea, songs really are not commercials for the album!)

    "Allison built a program that sent anyone sharing a Toad song an invitation to join Phillips' mailing list, and they decided that if it looked promising they would start a business. "The opt-in rate was 20 percent!" says Zack's father, Tom. "A good opt-in rate is usually 2 or 3 percent." "

    Humm, artists connecting directly with their fans? That means they could get rid of us! How am I going to pay for my new SL500? We must crush P2P! It's about control people, not piracy. The real pirates are stamping cd's and selling them around the world.

    "File-sharing is notoriously difficult to monitor, especially since the IP addresses used to track it don't always map to individuals. Jay Samit, former digital media chief of EMI (he recently announced he was leaving to take a position at Sony), says he's skeptical of any reresearch based on IP addresses."

    Well, is that an major label executive saying tracking a user by IP doesn't always work? Malfunction - Please report to the RIAA HQ for reprogramming.

    "Because AOL works with dynamic IP addresses, Samit notes, the location of its users can't be determined. (The company says that AOL subscribers account for only 15 percent of its information and that it includes them in its national, but not local, data.)"

    Humm, so the labels know that AOL customers are sharing lots of music, yet I'm not aware of a single AOL user hit with a subpena. Also, ISP's should switch to some kind of nationwide DHCP service. That combined witht the Boston rulings could keep the RIAA from filling its subpena in the right court. The ISP doesn't have to tell them where the subscriber is under current law. They could just keep saying, nope, wrong district court, try again. nope, not there, try again. Considering they are targeting users in the NE, that could be why AOL was left out. Somebody get this idea to Verizon!

    BigChampagne - You don't track me.

    Copyprotected CDs - One more reason for me to find a perfectly functional copy on the Internet.

  165. Re:RIAA isn't Marketing. RIAA is Lawyers. by Anonymous Coward · · Score: 0

    The RIAA doesn't care [..] what maximizes profits

    You are incorrect. The RIAA only cares about what maximizes profits for the RIAA.

    What do you think all these lawsuits are about? I'll give you a hint: it's not about whether people should be able to file share or not. The RIAA knows that they are becoming redundant. They can either throw in the towel and make little money, or they can go kicking and screaming with lawsuits and guarantee themselves another billion dollars or so over the next ten years.

    It's not about what is "right" (tm), but what makes them the most money. Fighting file sharing extends their multimillion dollar income for years to come.

    When corporations go to court, it is always about money. Never forget that.

  166. Well, on the other hand... by darth_silliarse · · Score: 2, Funny

    "If the labels acknowledge a legitimate use for P2P programs..."

    A typical search on Gnutella "teen" "mpg" "fucking" "britney" "kournakova" "pussy". Now if we can convince the law makers that we're looking for a teenage tennis playing pop idol who fucking hates cats then we're onto something...

    --
    I've noticed that everyone who is for abortion has already been born - Ronald Reagan
  167. total stolen vs. (total stolen / total sold) by raygundan · · Score: 2, Insightful

    The "Most Stolen" statistics you see in the paper are almost always in terms of total number stolen rather than percentage stolen. Which means, of course, that the most common cars will almost always top the list of most stolen cars. Unless they REALLY suck, or are REALLY secure.

    I looked and looked and looked, and couldn't find anything on the web using numbers that weren't from the same yearly NICB study that deals with total numbers.

    If you're bored, you could take the NICB study and dig up the sales statistics from somewhere else, and do the math yourself, but I'm far to lazy today. It would be interesting, though, to know if there are any "popular but never stolen" cars, or any "rare but frequently stolen" ones.

  168. now all we need are some lawyers by steak · · Score: 1

    If lawyers would read slashdot, so many of our worlds technology disputes would be solved. Oh well, heres to hope.

  169. If A Case Actually Makes It To Court by Nom+du+Keyboard · · Score: 1
    RIAA: We want $150K for every song this reprobate criminal shared, even if nobody ever downloaded it, and even if the guy he downloaded it from also paid $150K per song to cover all downloads. Since he isn't a 12-year-old girl living in the projects, we're entitled to it. There is no non-infringing use.

    Defendant: Your Honor, I wasn't illegally distributing music. I was participating in a valuable market research project to help the RIAA member companies and Clear Channel radio networks increase their profits by providing this essential information.

    Judge: Case dismissed. Plaintiff will pay all court costs.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  170. see sig by schnits0r · · Score: 1

    see sig

  171. Re:Right... (Try Again) by Politburo · · Score: 1

    There is a very basic flaw in this car theft = file trading.

    Yeah, the flaw is that car theft != file trading.

    QED

  172. Re:Maybe Pop will become less popular! if...... by VB · · Score: 1


    "...Why do you think certain artists appear in top 10 spots?..."

    Same way certain google searches show an ad for a company in the results -- it's paid for. Someone pays radio stations to play certain songs and some songs more than others.

    People will buy what's sitting in front of them: the DoubleMint gum on the Circle-K display rack, the 2 for $3.00 20 oz Budweiser cans next to it, and Britney CDs and posters in a display rack at Sam Goody's as you enter the store.

    It's more likely that will be bought by the generic consumer than the Robert Cray CD in the back in the Heritage section.

    You're right about the advertising that labels can do that artists can't afford to do. As far as distribution, now....

    --
    www.dedserius.com
    VB != VisualBasic
  173. Re:Right...Sig follow-up by Nom+du+Keyboard · · Score: 0, Troll
    Windows crashes. Blue Screen of Death. Ha ha. +5 Funny.

    -1 Redundant

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  174. Re:Why is this insightul? by Anonymous Coward · · Score: 0

    When you download a song, you ARE taking something from someone - you're unlawfully acquiring the VALUE assigned to the song you've downloaded, as has been determined by the offer made by the entity that owns it. No, a song is not a physical entity like a chair. But it doesn't preclude the notion of value. You want the value it provides, but you're taking it without due compensation. That *is* theft.

  175. Radio playlists are directed by recording industry by Uninvited+Guest · · Score: 2, Insightful

    Heavy rotation on the radio stations is apparently directed by recording industry marketing people, armed with statistics. BigChampagne gives these marketing people credibility, so the marketing people can apply more pressure on the radio stations to play what the marketing people want. This isn't about surveying P2P to find out what the radio stations should play, this is about harvesting P2P statistics to get more leverage over radio station play lists.

    --
    Sometimes I worry that I'll develop Alzheimer's disease, but no one will notice.
  176. RIAA is overlooking something here... by retrogramer · · Score: 0

    A filesharing program is not only for music files! (Although, I would personally doubt it's used for anything else,heh, heh) But a couple of friends could easily use a file-sharing program to share a report that one of them wrote, and then they share the file with something like WinMX or something and then modify it to make many different reports for the same class. Another example. Guns. A gun could save somebody's life. But, one could also take someone's life. But guns are legal to own. Maybe they'll make it illegal to buy or use guns, too...

  177. Sounds familiar by Anonymous Coward · · Score: 0

    http://btc.bolloxcomics.co.uk/index.php?comic=276

  178. Joe who? by p.rican · · Score: 1

    Why does everyone on /. keep picking on this guy Joe Blow and his two relatives, Joe Schmo and Joe Six-Pack? Man, they must be some dumb motherf2ckers.

    --

    /. --"Demented and sad....but social" -Judd Nelson

  179. bullshit by Anonymous Coward · · Score: 0
    The recording industry is losing a TON, just based on common sense and my personal practices, as well as those I know.

    Common sense and your personal practices, the two most unreliable measures to ever exist. Common sense is what told people the world was flat, metal cannon balls fall faster than wooden ones, and leaving wheat under a damp sack in a corner would produce mice through spontaneous generation. Thousands of years of civilization, and people still ignore proven scientific analyses in favor of their "common sense".

  180. PC iTunes type thing by SoulEata · · Score: 0, Redundant

    If you dumbasses actually went to bestbuy instead of downloading your shit all the time, you'd realize BestBuy has software for 10 bucks a month where you can download as much music as you want legally. Much better than iTunes imo

  181. RIAA using hashes ? by Anonymous Coward · · Score: 0

    According to MSNBC (http://www.msnbc.com/news/963684.asp?cp1=1), part of the RIAA's toolkit is matching hashes against files taken from Napster. Maybe someone needs to write a small program that adds (or subtracts) some dead air at the front or back of each song (a tenth of a second is enough to throw off the hash) ??

  182. Wasn't this the whole point of P2P? by EaTiN+cOfFeE+bEaNs · · Score: 2, Insightful

    I remember reading the book All the Rave on the rise and fall of Napster. Shawn Fanning's whole point of coding Napster, according to the book, is to get people sharing and promoting music freely, and the RIAA coming in to use the Napster network to promote their music and to use this new medium like they do the radio. It was basically Napster deep-sea fishing and capsizing because the RIAA didn't agree with their point of view. Now this company is starting to do something similar to Napster's original idea and hopefully the RIAA will ease up on their subpoena campaign, which is rather similar to someone punching random people in a dark room.

    --
    No TiVo and no caffeine make me something something...
  183. So where's my cheque RIAA? by Anonymous Coward · · Score: 0

    So I and millions of other people have been unwitting focus group members? Well the research firm in my city pays about $15 an hour or more depending on the topic or product.

    So let's multiply the amount of songs I've listened to that i've downloaded or cancelled after previewing because I thought it was crap by ohhh a reasonable amount of money say...$15. My math says that works out to a tidy sum of "one million dollars".

    1. Re:So where's my cheque RIAA? by Cackmobile · · Score: 1

      What about $150,000 per song!!!

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
  184. Re:Girl Power, or not. Maybe. by sixdotoh · · Score: 1

    i remember emmanuel on Off the Hook wondering if the CIA paid coolio for their sadaam parody of gangsta's paradise... either way i dunno.

    --

    This post was brought to you by the number 584811 and the characters / and .

  185. the RIAA doesn't have to admit ANYTHING by alizard · · Score: 1

    All Kazaa, et.al has to do is subpoena the customer lists from Big Champagne and its competitor to prove the RIAA labels use P2P networks themselves for marketing info.

  186. I hate analogies by IthnkImParanoid · · Score: 1

    One day, in an imaginary world, less than 50% of people will attempt to discuss something by immediately comparing it to something totally unrelated. In this imaginary utopian world, 50-reply threads will not be created as people hammer out exactly how something is like and unlike something else, instead devoting their time to understanding and discussing concepts using arguments that stand on their own.

    Analogies can be useful in explaining abstract concepts, but I'm rather tired of seeing them used to compare $crime_1 to $crime_2. We don't need to liken stealing to murder to outlaw it; we don't need to liken speeding to something in the Ten Commandments or Hammurabi's Code of Laws to argue it should be illegal. Comments about what should and should not be illegal are much weaker for using analogies.

    --
    It's nothing but crumpled porno and Ayn Rand.
  187. Why doesn't the RIAA flood P2P programs? by schalliol · · Score: 2, Interesting

    I'm pretty sure that legally they could download Kazaa and pay a few people to run it on their computers with correctly sized files & ID3 tags that just feature loops of "do not steal" in the tracks? Then they're not doing a DoS or anything, but if people want to download files, they probably will get a bunch of the RIAAs versions.

  188. Open Door (Policy?) by stinky1117 · · Score: 3, Insightful

    If a person leaves there car unlocked, they are not breaking a law if someone steals the stuff inside. Just because you provided access for someone to commit a crime does not make you a criminal yourself.

    The fact that you have mp3s or divx movies or anything of the sort on your computer in a folder that is accessible does not make you a criminal.

    The NY Times just sued (Read Article) Adrian Lamo for entering a basically insecure network. He did nothing but look to see what was there. Hmm, sound like RIAA?

    I don't know about anybody else, but what the RIAA is doing seems very similar. I own many cds, many of which I convert to various formats on my computer to create playlists. Apparently, I can be sued if that file is accessible to people who might want to take them from me.

    The question is, if I have a broadband connection without a firewall, am I liable to the RIAA because some hacker might want a couple of songs? They are in fact accessible to some people.

    Music should be free, or at least a heck of a lot cheaper than $17 for a cd.

  189. I know what that's called by narftrek · · Score: 1

    Blockquoth the poster: "Think of it this way. What if I take and spend my own money and gave out 10,000 copies to people standing on the street? Do you know what that is called? It's called MARKETING and it didn't even happen at the expense of the artist or the recording label"

    Nope that's called ILLEGALLY DISTRIBUTING FILES and that DID cost them 10,000 cd's they MIGHT have sold. It's kinda like showing a movie publicly. Can't do it without permission from the owner(s) of the movie. People you see handing out promo cd's and things of that nature are supposed to have permission from the copyright holder to distribute that item. It's usually the copyright holder's marketing department that decides to just randomly give out promo items. In that case they know they are protentially losing some sales but they can write it off on taxes. If you do it without thier permission you have potentially done financial harm.

    That'll be $150,000 per cd you handed out but if you swear to never do it again and sign this admission of guilt we'll let it go for $8000, unless of course you are a 12 year old girl living in the ghetto, then it's $2000.

    1. Re:I know what that's called by Digital11 · · Score: 1

      No, thats called "You're an idiot..." He said he "spent his own money". That Implies buying those 10,000 albums he just gave out. Last time I checked giving away something that you bought (especially if its still shrink wrapped) isn't "ILLEGALLY DISTRIBUTING FILES". Read a little more closely before you start flaming.

      --
      I am a leaf on the wind. Watch how I soar.
  190. Not illegal if you don't get caught? by yerricde · · Score: 1

    Yeah, thats why there are no indie bands out there.

    Just because unsigned bands haven't been sued out of existence yet doesn't mean that they aren't breaking the law nor that they won't be sued out of existence tomorrow.

    Thats why Lessings Creative Commons licenses are in use by nobody whatsoever.

    Just as free software licenses are in wide use for computer programs, Dr. Lessig's Creative Commons licenses are in wide use for prose literary works. Prose isn't as close to the situation described in "Melancholy Elephants" by Spider Robinson as musical works are. The differences between prose and music are that 1. chance substantial similarities in a prose passage are less likely than chance substantial similarities in a melody, and 2. access to copyrighted prose isn't rammed down our throats every day by Clear Channel.

    Unsigned bands exist, therefore unsigned bands are clearly capable of releasing music and profiting off it. Therefore, your argument must be wrong.

    "Unsigned bands haven't got caught yet, therefore what unsigned bands do is not illegal." What is the difference between your observation and "it's not illegal if you don't get caught"? If you have something constructive to say, I'll update my model of music theory and law accordingly.

    --
    Will I retire or break 10K?
  191. Wouldn't "copyresponsibility" violate treaties? by yerricde · · Score: 1

    Isn't the United States bound under international treaties such as the Berne Convention to keep a copyright term of at least life plus 50 years? Isn't anybody who ducks out of the Berne Convention automatically dropped from the World Trade Organization and subject to embargoes from WTO members?

    I'm all for the kind of "copyresponsibility" you speak of, but practically, how would one go about getting such a worldwide copyright reform passed?

    --
    Will I retire or break 10K?
    1. Re:Wouldn't "copyresponsibility" violate treaties? by HiThere · · Score: 1

      Those treaties are basically agreements between big businesses about how they are going to treat each other. They don't respect the rights of individuals, and countries that don't benefit drop out, or don't join (if they dare).

      Any of my proposals would, indeed, mean that any country that accepted it would need to drop from the Berne convention. So? How does that convention help me? (Not "How does it help Prentice Hall?") Why should I not want the convention dropped?

      That is actually a more general statement than just copyrights, and applies to many of the international treaties. But copyrights is the topic. I acknowledge that this is not something that would benefit the large publishers. And that therefore they have various treaties and agreements prohibiting it. But they never asked my approval, so I don't feel any moral obligation to support them. (It is desireable to have international agreements. Just not any old international agreements.)

      As a practical idea? Beats me. I don't have any Senators on my christmas list. They're bought, but it's certainly not by me. (FWIW, my Senators can make a reasonable plea that they are protecting industry in their home state. So it's not quite as corrupt for them to take money to support copyright extension as it is for someone from, say, South Carolina.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  192. Hey, look, another stupid slashdot reader... by raehl · · Score: 1

    who thinks he gets it, but doesn't.

    Nobody ever said anything about whether the owner of the song was hurt by the theft or not - whether or not the owner is hurt IS NOT RELEVANT, especially since the owner of a stolen car isn't hurt either - his insurance replaces the car. The analogy holds up pretty well there.

    The problem is that stealing, EVEN if it doesn't hurt the owner of the product, *DOES* hurt the *PAYING CONSUMERS* who actually *BUY* the product - songs cost money to produce, so when you STEAL them by COPYING, you're just forcing the HONEST people to pay for what you're getting for free.

    With cars, it's the same deal, except that the HONEST people pay for your THEIVERY through higher insurance rates.

    Copying songs is forcing honest people to pay for what you're taking for free. That's stealing. Just because stealing is really easy, or the incrimental costs of creating another product are small, doesn't mean it's not stealing any more.

    Intellectual property is just property with an extremely low per-unit production cost.

  193. Donations by Anonymous Coward · · Score: 0

    http://funkbunny.com/datatype/archives/000076.html

  194. What I want to know is this... by Anonymous Coward · · Score: 0

    ...How are companies like BigChampagne and BayTSP getting this information? Have they written "stub" programs to act as kazaa (or whatever) clients/servers? Most of these programs don't have open API's against which these people can code (except for gnutella). Are they reverse engineering them? Are they sniffing traffic (in the network protocol sense)? If these guys have fake clients/servers watching all of these transactions, why then haven't we seen Mac and Linux versions of the Kazaa clients from the OSS community?

  195. Do you admire spammers, too? by alizard · · Score: 3, Insightful
    The RIAA has the same problem as you. They think of downloading songs as the equivalent of stealing cars. Apples and oranges. File sharing can be made to work for the record industry. There is no way to make auto theft profitable for the auto industry. If the record industry is willing to make some heavy changes to their business model they will survive.

    Well let me then suggest that you have the same problem as a lot of /. readers, which is Boolean thinking.

    From the content of your post, I believe you have trouble with the concept of thinking, Boolean or otherwise.

    So what if they could survive if they make heavy changes to their business model. Do you think bare survival is all they care about?

    To make a business run, you market where the customers are and sell products the customer wants, including packaging in whatever form the customers want. An increasing number of people are getting their new music off the Internet the record companies can't control instead of FM radio that the record companies do control. The RIAA response is to try to make it impossible to use the Internet to distribute content by attacking the companies that promote new technology and individual users using their 0wn3d politicians. If the RIAA labels insist on losing money by not adapting to the present, why should taxpayer money go into shoring up their old business model? If the buggy whip manufacturers had organized RIAA-style lobbying in the 1900s, would there be an auto industry today?

    You don't have to go to the Stanford School of Business to know that if you have a business and you want it to do better than survive, you change with the times and adapt to what your markets are doing. An industry that refuses to do this doesn't deserve to survive

    You say that file sharing can be made to work for the record industry. Fine. That's your opinion (and a pretty common opinion around here).

    The most prominent example I know of with respect to file sharing working for the record industry is the prerelease via P2P of Eminem's latest record a month before the official release date. It went straight to #1 as soon as it hit the stores. While other artists are doing quite well with P2P promotion, they generally are not part of the record industry.

    However, I can't think of any good reason to care about the record industry. I care about good music. I care about the people who make it. I don't care about a bunch of suits whose contribution to music is parasitic and who subsidize an organization that attacks new technology and its users. If you support the enemies of new technology, what the hell are you doing here?.

    But keep in mind that 5 years ago there were a lot of business cases that were pretty commonly espoused on /. that all turned to shit.

    Perhaps you can get IBM to listen to your case as to why Open Source is a failure. Other than that, the worst business models of the 90s by and large were NOT promoted here. Is there anyone on slashdot who did anything but laugh about the $300M put into boo.com , a high-end cosmetics retail sales site? How about the $50M put into Dr. Koop's medical portal? Slashdot =! the vulture capital community. By and large, the dot.com failures can be traced to VCs buying into their own hype. I'm a bit surprised that anyone can confuse the two, but I guess an RIAA apologist is going to have funny ideas about how high tech works.

    Why should the RIAA listen to you.

    What makes you think I want them to? I believe that the artists and the public are best served if every major label goes from deep shit where they are now into bankruptcy and their assets are sold at fire sale prices to investors who have new business models in mind that don't depend on platinum records to support them and can profit from artists selling 10K albums a year.

    In the last couple of years, there is a quote that I see in a lot of people's sigs:

  196. The real question by Anonymous Coward · · Score: 0

    The real question is, is the recording industry losing more money from lost sales than they are gaining through use of statistics gained from file sharing. The answer is probably yes, and the losses will continue to mount as cd burners become ubiquitous.

  197. Re:Maybe Pop will become less popular! if...... by Oscar_Wilde · · Score: 1

    The RIAA at al. knows that P2P could become the next radio

    Part of the problem with this is that people mostly download stuff they already know about.

    If someone could combine collaborative filtering, such as iRate Radio, and some kind of p2p network then the recording industry really would have something to fear.

  198. I don't get it... by batmanunderoos · · Score: 1

    Where did the people who are searching for music hear it first? The radio, right? Since most stations are owned by conglomerates, the people who are searching for music must be hearing the same 40 songs the stations play all the time. How does BigChampagne keep from giving the major record labels a list of songs already in the top 40?

  199. Advertising burst rates by yerricde · · Score: 1

    but if i paid for it as a 512/256 from the telco that the telco advertises as flat fee, use as much as you want

    But the ad now says 512/256 kbps*, where * indicates burst rate.

    Many telcos are starting to change their residential plan offerings to "burstable" service, such as offers that translate to 50/10 kbps burstable to 512/256 kbps, to clarify how oversold their services are. For example, ISPs in New Zealand and its bigger neighbour to the west-northwest will often offer a given burst rate with a 3 GB monthly cap (which is equivalent to 9.2 kbps down), primarily because pulling cable across the Pacific Ocean floor is highly expensive.

    --
    Will I retire or break 10K?
  200. Sure, Sure by Anonymous Coward · · Score: 0


    the GM came around his desk and hugged him

    queers...

  201. Re:What the RIAA gets out of file sharing by aduzik · · Score: 1

    I can say with total confidence that they would forfeit all of this free market research for the billions of dollars these people owe them.

    --
    If it's not one thing it's your mother.
  202. Hate to break it to you... by Anonymous Coward · · Score: 0

    But most of the people crying here refuse to pay for music no matter what.

    Point to all the legal services you want, they will just ignore them and continue to use some form of logic to support their stealing.

  203. The Bastardization of Kazaa by Anonymous Coward · · Score: 0

    I really like how you wrote out Kazaa as (kuh-ZAH), because that's how you actually say it. In Toronto, which is not where I'm from, the majority of people stealing music over Kazaa say it like (cah-zuh). I wish words like this were in the dictionary -- the non-greppable dead trees version that is -- so that people wouldn't mispronounce it.

    And don't give me that crap about local dialect. There are TWO (2) letter A's at the end of Kazaa. 'zaa' != (zuh) and that's all I've got to say about that.

  204. I think the RIAA is hosed. by alizard · · Score: 1
    I'm sure the RIAA will simply put a new spin on it, in a "we're not monitoring demand, we're monitoring privacy" kind of way. A legit use, but one that doesn't support file-sharing.

    It won't do them any good. Subpoenaing the customer list of BigChampagne and calling witnesses from that company and their RIAA label contacts will be enough to tell the judge what is really going on.

  205. Sony Playstation did something similar by Tokyo+Tiger · · Score: 1

    their futures department found out that the people cracking the Playstation 1 games where actaully helping out spreading the word of Sonys playstation. Call it viral marketing, none the less it have already been assimilated by corporate business strategies. Explicit lyrics is another one of those that the corporations use at their advantage. What teenager would not buy such music. Even opensource have been "contaminated" This is our very own George Orwell theory in disguise.

  206. An artist who's doing the right thing by wolverine1999 · · Score: 1

    Don Francisco, a christian singer, is putting out mp3 versions of his most popular songs plus all his new ones, downloadable for free.

    I lost his CD which I had bought, so this way I can download two of the tracks.

    Other artists should follow this example.

  207. hmm by corian · · Score: 1

    When the labels know what people are downloading, they know what to put on the radio, and sales in the area increase

    except, if you look around at what most people are sharing, it's the same small set of pop crap that the radio stations are already playing.