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Telcos Stand Against RIAA

john82 writes "In an interesting and insightful article, NetworkWorld Fusion discusses how lawyers for SBC and Verizon are fighting the RIAA's attempts to monitor their customers. As we've heard before, RIAA wants the telcos to report when users download any copyrighted material. Lawyers for SBC and Verizon are fighting back. They also claim that the RIAA is trying to grant themselves powers that are outside of even the Patriot Act. Now where have heard that before? NWFusion also points out that RIAAs handwaving, threats, tantrums have less to do with protecting the rights of musicians, than with protecting the revenue stream created by an out-of-date distribution system." In other RIAA news, taped2thedesk writes "According to the Washington Post and Ars Technica, the RIAA will now contact P2P users before suing them." The RIAA's not so bad, they'll settle out of court over the phone, if you don't mind paying up instead of getting a lawyer.

33 of 308 comments (clear)

  1. So does this mean ... by Nix0n · · Score: 3, Funny

    So does this mean that we *don't* hate telcos this week ?

    Is this also the week that eggs are bad for us ?

    1. Re:So does this mean ... by kfg · · Score: 5, Insightful

      Yeah, yeah. I know.

      But taking your comment seriously for a moment I might point out that offering positive feedback to one's enemy when they behave in a manner you find desirable isn't hypocrisy.

      KFG

  2. Report copyrighted material? by the_bahua · · Score: 4, Funny

    Um, I'd like to see the shell script that runs on networking equipment that determines which packets are copyrighted, which are legitimate, and which are porn.

    1. Re:Report copyrighted material? by nmos · · Score: 5, Funny

      Um, I'd like to see the shell script that runs on networking equipment that determines which packets are copyrighted, which are legitimate, and which are porn.....

      and forwards the porn to the network admin for closer inspection :)

    2. Re:Report copyrighted material? by kfg · · Score: 5, Funny

      Obviously the porn is the stuff with the dirty bits.

      KFG

  3. How considerate.. by Anonymous Coward · · Score: 3, Insightful

    They ring you up.. "We demand you pay us $ or we'll take you to court"

    What choice do most people have? None.

  4. Its about time... by darkfus · · Score: 4, Insightful


    Maybe big business can accomplish what a million screaming geeks can't...

    sig?

    --
    [sig]darkfus[/sig]
  5. Time to pick up a feature by Faust7 · · Score: 4, Funny

    According to the Washington Post and Ars Technica, the RIAA will now contact P2P users before suing them.

    "Hello, SBC Customer Service? Yes, I'd like to order Call Screening for my -- why, yes, that is the number I'd like to block. How did you know? Hmm, three days? Fine. Thank you very much." *click*

    1. Re:Time to pick up a feature by Anonymous Coward · · Score: 5, Informative

      Hopefully if the RIAA directly contacts people it'll come to light all the quicker how random their contacts have been. So far they've claimed to be taking legal action against 300+ people for file trading. Their record at the moment stands at suing four children under 12, almost 10 people who don't have machines to run the software they claim they used, or even accounts with the ISPs they claim they used to download software from, and six people who don't own a PC or have internet access to begin with. By my reasoning 4+9+6 makes for 19 out of that 300 who obviously aren't file trading how the RIAA says, AT LEAST

      There are certainly people who will have the software able to trade, the machines to run it, on ISPs the RIAA claims, but who DON'T trade. Whats their error rate hitting then? somewhere up around 10% of people they're taking legal action against

      It's shotgun tactics.

  6. Telcos not perfect either by a+no+n+y+man+123 · · Score: 5, Insightful

    Every time a story like this is posted, I see a number of posts saying "God bless SBC!" or "I love Verizon!"

    Before you assume they're suing the RIAA just to protect your privacy, think again. The main reason is to avoid the costs of looking up someone's info every time the RIAA issues a subpoena.

    1. Re:Telcos not perfect either by FeloniousPunk · · Score: 5, Insightful

      So what? Do you require your benefactors to be saints before you accept or even appreciate their help? It's enlightened self-interest. I could care less about their motives, that they're fighting the RIAA is enough for me.

      --
      I know this because Tyler knows this.
    2. Re:Telcos not perfect either by kcbrown · · Score: 3, Insightful
      I could care less about their motives, that they're fighting the RIAA is enough for me.

      I see. So if their motives are purely to maximize their income and, as such, they suddenly work out a deal with the RIAA that the RIAA pays them whenever they have to comply with any of the RIAA subpoenas, and keep this a secret all the while continuing to appear to fight the RIAA, you'll have no problem with that? They'll continue to appear to fight the RIAA so it's not like you'll notice any difference.

      Motive matters a great deal. It's one way you can tell the difference between who you can trust and who you can't. Someone who does the right thing for the wrong reason is much more likely to do the wrong thing later on.

      I don't expect corporations to be saints. I expect them to be ethical, just as I expect an individual to be ethical. Give me one good reason a corporation, which wields orders of magnitude more power than an individual, should be less ethical than an individual.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    3. Re:Telcos not perfect either by TexVex · · Score: 4, Interesting

      Why do everyone hate the telcos?

      I've never had bad phone service. It's always worked. Even when the power goes out, I can pick up a hard-wired phone and get dialtone. I've never had a problem with clarity of my phone connections -- they are always crystal clear. I've never had a call fail because of bandwidth unavailability. The service has a reasonable cost, and their bean counters will usually let you get a month in arrears before they cut you off. I've used two different cable companies and two different telephone companies for broadband, and DSL beat out cable modem both times. The DSL connections are more reliable, both in continuous connection times and in steady bandwidth availability. The telephone companies will market to those who want to run services through their pipe and even make blocks of static IP addresses available, while the cable companies dole out static IPs stingily and charge three times as much.

      So, in a nutshell, telcos produce a superior quality service that does what it's supposed to do virtually all the time and for a good price. What is to hate?

      It's easy to hate Microsoft because of their ridiculous EULAs, overpriced software, and hard-on for Digital Restrictions Management. It's easy to hate the RIAA for wanting to bankrupt people already near the poverty line and for refusing to admit that just maybe they are putting out lower quality product at higher prices in a sluggish economy and that just maybe their failure to adapt to new technology might be a straw woven into the handbasket that is taking their business to Hell.

      So what have the telocs done to earn such ire?

      --
      Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  7. Goodbye RIAA, hello independent labels! by kevin_conaway · · Score: 4, Informative

    Bleh,

    Though I havent bought a cd in a while (ive just been listenening to classic rock on the radio), ive decided recently that its time for some new music. I bought a few cds off cdbaby.com and have been very pleased. The music rocks and the service rocks! I hope their prices and all else stays the same.

    The crap that the RIAA is pushing these days isnt even worth my time.

  8. now that you mention the RIAA.... by frovingslosh · · Score: 5, Interesting

    Speaking of the RIAA, as far as one crime that is known to have been comitted, where the hell are our settlement checks from their price fixing? These things were supposedly to come out this summer, but it's fall already and I sure have not received mine, even though I bought the last albums I'll ever buy in the proper time period and filed the claim in time.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  9. The RIAA is simply transitioning... by Atario · · Score: 4, Funny
    ...to a new revenue stream so they can stop relying on the outmoded one. How does it work? Observe:
    1. Call people, telling them the RIAA is going to sue them back to the bronze age unless they fork over an arbitrary amount of cash.
    2. Make it an automated message, calling out with caller ID info blocked, so people can't respond except to the address provided in the message.
    3. Checks roll in.
    4. Angry rants also roll in; these may be safely discarded.
    5. Profit!
    Voila: no reliance on the old revenue stream. Just keeping up with the times by switching to an IPL[1] business model. It's the new wave -- catch it!(tm)




    [1] Intellectual Property Litigation.
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  10. That doesn't make sense. by zabieru · · Score: 5, Interesting

    This is, after all, the same Verizon that spent who knows how much in legal fees fighting the RIAA's right to subpoena information on their customers at all. So if it's a cost issue, it's enlightened self-interest: They believe that customers choose them for the value-added of privacy. I don't think their decisions make economic sense on only that basis. Love 'em or hate 'em, I think they're operating out of pride: We're the phone companies, and any hacker, phreaker, or record label trade group who crosses us is going down. But once again I could be wrong.

  11. Call me a cynic. by YouHaveSnail · · Score: 4, Insightful

    I'm glad to see the telcos taking this position, and I applaud them for it. But I also think it's worth considering that a love of freedom may not be the only thing that inspires telcos and other ISP's to take a position against the RIAA.

    Avoiding any and all responsibility for policing the content that travels over their connections is strongly in the best interest of any ISP. Having the longest history of operating a complex communications network, the telcos probably have the strongest understanding of that concept. In asking the telcos to report file sharing behavior, the RIAA is asking them to take a certain amount of responsibility for content that the telcos cannot control.

    If the telcos acquiesced to the RIAA's request, one can only assume that they'd also have to police their corners of the internet for terrorism-related activity, porn, blasphemy, and all manner of content that sufficiently powerful organizations object to.

  12. Re:Oh please, this is only a cost thing. by netbornmusic · · Score: 5, Insightful

    How do companies survive so long after so many people actively loath them?
    Because much more people don't know or don't care. Tens of millions people buy what RIAA sells. I think that all this antifilesharing campaign's real purpose is just to frighten the majority of people. They aren't very familiar with the details, what is really legal, what is not, etc. They just hear over and over that downloading of mp3s is illegal and may end up in jail. So they just keep buying...

    --
    We could have saved sixpence. We have saved fivepence. ... But at what cost? (Samuel Beckett)
  13. Re:Oh please, this is only a cost thing. by Kris_J · · Score: 4, Insightful

    Microsoft is only doing stupid things with its products. The RIAA is doing stupid things with its customers, and SCO are doing stupid things with other people's customers.

  14. Call first? Same tactics by MunchMunch · · Score: 4, Insightful
    I really don't even understand how they can respond to criticism by saying they're calling the accused filesharers up first and offering to settle. I mean, hasn't it been pretty clearly established that the RIAA absolutely wants every sued person to settle anyways?

    Filing the lawsuit itself changes very little--They are still using the threat of a big and costly lawsuit to extract a comparably insignificant but still sizable amount of money from people. That the RIAA did this (the call-first policy) in response to the Senate hearings is a riot. "No, Mr. Coleman, we aren't using our harsher-than-Patriot Act powers to intimidate people with bankrupcy-inducing lawsuits into settling for $3-4,000! We're calling them and threatening with the prospect of filing the lawsuit!" I don't really see how the RIAA calling and saying "We're gonna sue you unless you hand over $3,000" is any different from "We're gonna proceed with our suit unless you so hand over $3,000"

    I mean, if every one of those sued file sharers challenged the RIAA, then it would quickly run out of resources. But since the lawsuits are cheaper to settle and unaffordable any other way, we have the prisoner's dilemma--everyone pleads guilty to the 3 year sentence in order to avoid the 20 year sentence, because nobody knows what their peers are going to do. I can't imagine the RIAA reasoned it any other way either.

  15. Motivations by mcrbids · · Score: 3, Insightful

    The real reason the RIAA is attempting to force telcos to drag their customers into court is to protect the jobs of record executives, not the rights of artists, who benefit from less expensive and more effective distribution mechanisms.

    And the real reason SBC/Verizon are fighting the record companies is to protect the jobs of telco executives, not the rights of consumers.

    Don't think that the telcos are acting on altruism. They'd screw you just as badly as the RIAA would, if they really felt it'd benefit them.

    It's in their best interests to protect your privacy - just be glad that they are smart enough to realize that, and enjoy the little victory.

    The RIAA is like an animal trapped in the corner - and just like one, it'll bite anything nearby out of fear. In this case, its busy biting the very hands that feed it.

    Stand back, wait for it to calm down, and enjoy the ride.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  16. RIAA Phone Payment by Anonymous Coward · · Score: 4, Funny

    The RIAA's not so bad, they'll settle out of court over the phone, if you don't mind paying up instead of getting a lawyer.

    ... Just call this 1-900 number and your settlement fee will appear on your next phone bill. Paying the RIAA can be that easy!

  17. Cost? Think this through for a moment... by The+Ancients · · Score: 4, Insightful
    For all those above that surmised the only reason the ISPs are fighting this is due to compliance costs, consider the following...

    If the RIAA starts cracking down on file sharers, the demand for lucrative broadband connections is going to be negatively affected. This is what will truly affect their revenue streams. Whether for good or for bad, at present legally tenuous trading is probably the biggest driver for fast internet connections.

    I'd also like to think that it's due to the ISPs overwhelming desire to do the right thing and protect customer's privacy, but I'm having trouble reconciling this view completely with the generally held views of corporate entities and their desire to run profitably.

    Just my 2 cents worth.

  18. Verizon Couln't Comply If They Wanted To... by cableshaft · · Score: 5, Interesting

    Man, I work for Verizon, and they really don't have the ability to do this from my vantage point. Most of the systems we use are still Telnet based. I still fix accounts on a daily basis that haven't been touched since they were first transferred over to the system in 1990 (that's usually the only time there's a major problem with the records, when the data switches databases). They'd probably have to build a whole new system from scratch in order to comply with RIAA's wishes. Of course, I only deal with the business office lines, but most other departments use the same system I use.

    --
    Creator of the popular web game Proximity
  19. I think it's a liability thing. by ron_ivi · · Score: 3, Insightful
    I think the main reason is that they don't want to become responsible for the content being sent over their lines.

    What next... they have to help turn-over people involved in other questionable activity done on the phone? ... people who called escort services just because some group wants those names? ...identify people martha stewart connected with just because they might have talked about imclone?

    Yeah, they can do that, but the process involves a warant. Just just a request from an industry group.

    If they have to start monitoring for questionable activity from any group that requests it, the next step might be for them to be responsible for illegal activity.

  20. Re:Bullshit... by nathanh · · Score: 5, Insightful
    "...than with protecting the revenue stream created by an out-of-date distribution system."

    Mod me down (I have plenty of karma to burn) but I am so sick and fucking tired of hearing this line of tripe. If you have something better than put your money where your mouth is otherwise shut the fuck up. Saying something over and over ad nauseum does not make it true.

    How isn't the distribution system horribly out-of-date? The very concept of taking data, sticking it onto physical discs, putting those discs inside plastic wrappers, moving those discs via trucks, holding them inside stores, requiring the consumer to transport themselves several kilometres to buy the disc, then transport it home, simply so the customer can play music? That system makes sense for physical goods; not for pure data.

    Internet distribution of music is modern, efficient and convenient. You can argue (though you didn't) that the current systems are broken because the artist isn't compensated, but I don't see how you could possibly argue that the physical distribution system is anything other than antiquated. It's a 100-year old distribution model that hasn't significantly changed despite several generations of telecommunication improvements.

  21. Heh. by SatanicPuppy · · Score: 4, Informative

    I used to do work for a telco (cable), and about the only thing they're CAPABLE of monitoring is usage. We had problems auditing for signal piracy, more less software piracy.

    No doubt the phone companies are more on the ball, but even then I'd be surprised if they could tell what exactly was coming down the pipe without copying it and reassembling it themselves. Probably the most they could do (economically) is flag high use addresses for the RIAA to check.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  22. Patiot act can sure be expanded by targo · · Score: 4, Insightful

    RIAA is trying to grant themselves powers that are outside of even the Patriot Act

    Don't worry, that can surely be fixed. However, not necessarily the way most people here would like it to be.

  23. Re:Bullshit... by kfg · · Score: 5, Interesting

    You don't understand. It isn't outmoded for the record companies. It's outmoded for me as a musician.

    Professional recording equipment and expertise is cheaper now than every before in history. I can record an album in a studio for what I can save up on a minimum wage job. If I have some expertise myself I can do it myself at home for "free," at higher quality than even the pros could do it 20 years ago.

    I can produce CD-Rs on my own or have CDs pressed for pennies apiece, including jewel case and inserts.

    I have no need of a record company's money to finance my album.

    As such I don't have to buy my own CDs back from them at full wholesale in order to distribute them as demos or for sales either. In fact, I don't have to distribute CDs as demos at all. Instead of spending $20k to mail out a few thousand demo CDs I can now upload many times that many for free direct to whomever I wish to hear them without the need of a go between.

    I can make sure my website address is attached to those demos. At my website I have worldwide promotional capabilities, including making cuts available for free download as a promotional giveaway, and, of course, album sales.

    Of course my website will be heavily promoting my live appearances as well, where I will be selling CDs for ten bucks and pocketing nine of that in profits.

    On sales of no more than a few thousand CDs I make more profit than I would with half a million in sales with a Sony contract.

    I grew up in a radio household (my dad was sales and marketing development manager for GE Broadcasting Corp.) and been a working musician for for three decades. Half of my friends have recorded, some of them for labels. Most of those that have recorded for a label now do so as private publishers.

    This isn't "Pie in the Sky." It's the way many are already doing business, and it's already proven to work.

    I can't imagine signing with a label. They have nothing to offer me that I can't provide for myself, at my own profit.

    KFG

  24. Re:Distribution lies by rusty_razor · · Score: 4, Insightful

    That's the whole point - you wouldn't be 'giving it away for free'. Stop and think for a moment. Does the method of distribution have any effect whatsoever on piracy? I would venture that the price of the good drives illegal copying.

    As CDs are ridiculously overpriced, it is easy to see why they are pirated - as are certain overpriced operating systems with shoddy security. These items face large-scale piracy issues. The reason? The disparity between the price and the perceived value is so great that a normal person decides to break the law.

    Once prices and the actual worth of the product come into closer agreement, the vast majority will opt to follow a legal path - probably out of a natural Machiavellian fear of authority. Refusing to come to grips with the actual value of a product, the industry is reinforcing a community belief that crime is appropriate here, when you're stealing from criminals. It's time to make a better fucking product, and earn money sans rabid lawyer hoard. (Are you listening, Darl?)

  25. Hello, this is the Automated..... by hhknighter · · Score: 4, Funny

    Arr Ie Aye Aye Suing Department, please do not hang up as our collect call to your phone is very important to our revenue. This call may be monitored for further financially benefiting lawsuits.

    To check your penalties amount, press 1.
    To pay your penalties by credit card, press 2.
    To pay your penalties by check, press 3.
    To pay your penalties by organs, press 4.
    To answer in court, translate "YOUAREDEAD" on your touch tone phone.
    To speak with a suing lawyer, press 666.
    To repeat the options again, say "I confess, I am guilty".
    Otherwise, stay on the line and wait for an even bigger lawsuit

  26. Ok, uhh, one thing by Sycraft-fu · · Score: 4, Insightful

    What the hell does the premise of #1 have to do with the conclusion? A consumer 100mbps eithernet switch has NOTHING to do with providing high speed data over long distances. I work for network operations for a unviersity, of I have some idea what I'm talking about. It is COMPLETELY different to grab a little switch and have a workgroup than it is to have a large carrier class facility.

    For one there is just the switches and routers themselves. Not small, not cheap. We aren't talking $60, $600, or $6000 but tens of thousands of dollars for a single blade (of which one chasse holds many) in some cases. Then there is the fact that copper ethernet won't run over long distances; 100 metres is the spec limit, so we are talking some other kind of technology, never mind your house doesn't have the wiring to it for that. There is then of course the cost of maintaining all this infastucters. Stuff breaks, it needs to be replaced, and in the case of wires to houses, it's not cheap often.

    Then there are the two biggest costs: The support staff for customers and the bandwidth. Data doesn't magically get on the Internet, bigass lines to other carries are required and that's not cheap in any fashion.

    As for laying fibre to your house, you have NO concept of how expensive that sort of thing is. It wasn't cheap to build our copper network. It took many years and a lot of dough. To upgrade the whole thing to fiber will cost even more and probably take longer. You don't just wave a wand, you have to dig shit up, lay cable and so on. Also fibre requires additonal percaustion since it really can't be spliced if it is going over any sort of distance.

    Look, there are a LOT of problem with the phone companies. I'm sure I've dealt with more than you have. However, just because you can buy an 8-port consumer grade, made by Linksys, switch for $60 does NOT mean that the telcos can get a carrier class switch for the same price, much less everything else needed. It's not like they buy a bunch of cheap Linksys gear and hook it together and everything works magically.