Slashdot Mirror


MPAA Puts Words in Mouth of CA Attorney General

An anonymous reader writes "In another example of Microsoft Word meta data coming back to bite you, Wired News reports that a document circulated by the California Attorney General to fellow lawmakers supporting new restrictions on P2P software was actually authored by a senior vice president of the Motion Picture Association of America."

182 of 685 comments (clear)

  1. Woah by neoform · · Score: 5, Funny

    You mean government officials are just puppets to large corporations?!

    --
    MABASPLOOM!
    1. Re:Woah by SFBwian · · Score: 3, Funny

      Duh, they just contract out the Henson Co. It's much cheaper than relying on Sony or Mitsubishi to make a robot version (plus, there's that language barr--er, nevermind, I forgot about Schwartz-his-name)

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    2. Re:Woah by EinarH · · Score: 5, Interesting
      You know the scary thing about this is not that gov. officials are just puppets to large corps. Every american with a working brain knows that.
      The scary thing is that it's so common that many people find it to be completely normal.

      Like a recipent told me; "It's not corruption when we call it campaign contributon"

      --

      Melius mori in libertate quam vivere in servitute.

    3. Re:Woah by thelasttemptation · · Score: 2, Funny

      Re your sig:
      Step #1 is figuring out Step #1...

  2. Cynical by lukewarmfusion · · Score: 5, Insightful

    So I'm not surprised by this. It's been happening for a long time - his pockets (and the pockets of many others) are probably lined with MPAA/RIAA green.

    1. Re:Cynical by Naffer · · Score: 4, Informative

      Flamebait? Honestly guys, give the massive negative moderation a break. The MPAA gives money to politicians. Here's an old PCworld Article.

    2. Re:Cynical by lukewarmfusion · · Score: 2, Interesting

      No kidding. I'm not trolling.. I'm very serious. Lobby, corporate and special interest groups are very persuasive when it comes to politicians. That means campaign contributions, "donations" or whatever. The RIAA and MPAA are behind legislation.

      Drug companies are represented by some major players - some politicians listen to the money, not to the constituents.

    3. Re:Cynical by Anonymous Coward · · Score: 5, Interesting

      Something I found on Raymon Chen's weblog.

      "A Georgia State University study shows that U.S. senators have an uncanny knack for picking stocks that outpace the overall market. Professor Alan Ziobrowski's analysis of senators' financial disclosure data found that over a period of six years, the lawmakers outperformed the market by 12 percent."

      Link to npr (I realise this is possibly not the favoured radio station round here...)

      http://www.npr.org/features/feature.php?wfId=175 11 62

  3. This is why... by jwthompson2 · · Score: 5, Insightful

    metadata is a good thing, as long as it is accurate and useful. Go Metadata!

    --
    Even if I knew that tomorrow the world would go to pieces, I would still plant my apple tree. -Martin Luther
    1. Re:This is why... by anachattak · · Score: 5, Insightful

      I think somebody needs to write an open letter to Microsoft, thanking them for including metadata in Word docs. This simple feature has revealed more inept backroom deals than a hundred crack investigative reporters. My hat's off to the Bill "The Great Satan" Gates and his minions!!! Keep up the mediocre work, guys!!!

    2. Re:This is why... by KillerHamster · · Score: 2, Insightful

      Until it comes back to bite YOU someday.

    3. Re:This is why... by TwistedGreen · · Score: 2, Funny

      Perhaps during a trip to Soviet Russia...?

    4. Re:This is why... by Smidge204 · · Score: 2, Insightful

      as long as it is accurate and useful

      Aye, there's the rub. How easy is it to forge metadata, or remove it completely?
      =Smidge=

  4. However by ThePretender · · Score: 4, Funny

    if you switch a few of the words and/or key players in this issue you'd have a tin-foil hat brigade flooding the comments.

  5. What? by pherris · · Score: 2, Funny
    MPAA Puts Words in Mouth of CA Attorney General

    I think the MPAA has got something else in Lockyer's mouth too.

    --
    "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
  6. nice, puppeteers... by garcia · · Score: 5, Funny

    "But we remain concerned about the potential dangers posed to the public by peer-to-peer file-sharing technology."

    Oh thank you! I am so glad that a piece of software for sharing innocous content is being watched by out government so that I am not harmed in any way by the pure evil contained inside.

    If P2P software can be used to violate law, the argument goes, its makers should be obligated to incorporate a warning on the product or face liability for deceptive trade practices.

    Yes, because we all know that hammers, cars, broken beer bottles, rolls of duct tape, and pieces of rope all incorporate these warnings...

    We view with grave concern reports that at least some P2P software developers may be adding features deliberately designed to hinder law enforcement in its prosecution of crimes using P2P software.

    Awww, I view with grave concern the fact that the MPAA is paying off government officials so that they can control their market by influencing, greatly in their favor, the laws that are passed and excuted upon everyday citizens.

    Whether it is the widespread availability of pornography, including child pornography, the disclosure of sensitive personal information to millions of people, the exposure to pernicious computer worms and viruses, or the threat of legal liability for copyright infringement, P2P file-sharing software has proven costly and dangerous for many consumers.

    This is my favorite. Widespread panic techniques. Mention that it has child porn abilities! The exposure to viruses is the OS' and the users' fault not P2P software.

    God, what a bunch of trash. Glad that we have these people in office so that others can use them as puppets.

    1. Re:nice, puppeteers... by SFBwian · · Score: 2, Funny
      God, what a bunch of trash. Glad that we have these people in office so that others can use them as puppets.

      Man, it just makes me want to SOCK them.

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    2. Re:nice, puppeteers... by the_mad_poster · · Score: 5, Interesting

      The problem with all of this is that it's so hard to determine who's the good guy in it. It's like watching a bad western with only black hats in it.

      On one side, you have the kids that are freely breaking copyright laws left and right because they want to watch a movie or listen to a song but for whatever moronic reason don't feel they should have to compensate anyone for it (to the dolts that will undoubtedly say "but it costs too much, they're just ripping us off.. waahh waahh.. let me suck my thumb like a little baby" - deal with it. It's called making an informed decision. If you don't think it's a value purchase, don't make the purchase. Doesn't mean you can just rip off a copy for yourself without compensating anyone).

      On the other side, you have these assmunching wonders who are penning laws and signing the dotted line with the names of public officials. WTF?

      Sigh... if you need me, I'll be working on my rocket ship to Mars. The rest of you bozos can fight it out amongst yourselves. There's no "good fight" here to join...

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    3. Re:nice, puppeteers... by maxwell+demon · · Score: 4, Insightful
      the disclosure of sensitive personal information to millions of people

      Hmmm ... given that the information about the true origin of the file (which the MPAA would surely consider sensitive personal information) was obviously disclosed through a product named Microsoft Word, does that mean MS needs to add a warning, of even have to face liability?
      --
      The Tao of math: The numbers you can count are not the real numbers.
  7. Finally P2P restrictions from the right place... by dada21 · · Score: 4, Interesting

    Our Constitution in the U.S. prevents Congress from making any law infringing on our natural freedom of speech. To me, P2P is communication, which is speech. Therefore, the federal government has no mandate to restrict it.

    Our 9th and 10th amendments to the Constitution allows the State and/or the People to cover anything the federal government can not. Should California desire to restrict P2P, it should be able to. If you disagree with California's take on this restriction, you can move to Arizona or Delaware, or another state that doesn't have such a restriction.

    I'm a firm believer that State governments should be manacled by the Constitution as well, and in my perfect world the State would be just as restricted in making laws against speech. But nonetheless, I'd rather see bad laws at the State level rather than the federal level.

    Keep the goons in Congress restricted from making laws, and you'll find almost everyone is happier.

  8. Open Office looking more attractive? by westcourt_monk · · Score: 3, Insightful
    Hehehe.. can't help but laugh at these high ups that put trust in MS products only to find it bite them in the arse. Not saying that is a bad thing. For once (well twice so far) MS products are coming in real handy. I wonder how loud the 'doh' was coming from the AG's office?

    --
    I am going to hell and I am going to take all of you with me.
  9. Corporate Policymaking by schmidt349 · · Score: 5, Insightful

    This new governmental policy of letting the corporations dictate public policy has just got to stop. America is being overrun by special interest politics, and with so many politicians with their hands in the cookie jar, the MPAA and related organizations essentially have a free hand in drafting legislation, policy notes, you name it.

    I'd be very interested to know whether this Attorney General received campaign "contributions" from the MPAA, and how much. What do you have to pay to buy an Attorney General these days? $10,000? $50,000? I hate that everyone has their price, but what really makes me sad is how low that price is sometimes...

    1. Re:Corporate Policymaking by IAmTheDave · · Score: 5, Insightful

      This has GOT to be illegal. Right? RIGHT? The simple fact that a corporation had any insight into political draft documents and help write them shows intense political and corporate based motivation for law.

      Lobbyists are one thing. Talking in someone's ear, buying them lunch, being recieved by a politician to discuss your views and desires. But to have actual direct input into policy making as the VP of a for-profit organization must be illegal and if it is not should be made so immediately.

      This makes me nothing short of sick, SICK. And it has nothing to do with P2P, it has everything to do with for-profit agencies running the government. I mean damn, if the MPAA and RIAA are allowed to write policy and law, it will soon become government "against the people."

      --
      Excuse my speling.
      Making The Bar Project
    2. Re:Corporate Policymaking by illumin8 · · Score: 3, Insightful

      This has GOT to be illegal. Right? RIGHT? The simple fact that a corporation had any insight into political draft documents and help write them shows intense political and corporate based motivation for law.

      No, this isn't illegal. Take a look at what Cheney did with the energy task force. Having Enron write their own energy laws is like having the fox guard the henhouse, but there is nothing illegal about it. Government has been having "industry leaders" draft legislation affecting their industry for years now. That's why large corporations can pollute the environment with little or no responsibility. When the industrial polluters are writing pollution laws, business is good for everyone, except those unfortunates that live downwind.

      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
    3. Re:Corporate Policymaking by starcraftsicko · · Score: 2
      In short, give with the workable - Viable answers, or just admit that we are, in fact, hopelessly fucked...
      We are hopelessly fucked. We are Fucked because even if you hear the answer you'll fear it. We are Fucked because, in America, we have only two major political parties, we are Fucked because in choosing betwixt them every couple of years, we can at best choose which group of wealthy special interests we want to allow to fuck us over this time...

      Bush and his Republicans favor large corporations that have money and political clout. Kerry and his Democrats favor large trade unions that have money and political clout. The only question is we get to answer is which bunch of criminals we want in office. And we get no good choices.

      You want to fix the problem? Don't vote for Bush, or for anyone in his party. Not even for School board. Don't vote for anyone endorsed by the local or national chamber of commerce. Don't vote for Kerry or anyone from his party. Don't vote for anyone endorsed by your union. Don't vote for anyone who is endorsed by ANY union. Even if you like their message or ideology, remember that these people are all in the pocket of a special interest.

      The ABA, AMA, NRA, NAB, and even AAA are all special interests. Look to see who they like. Then vote for somebody else.

      BUT ALWAYS VOTE!

      You want to fix the problem? Really? Run for office yourself. It won't pay very well if you're honest. But if you know what is wrong with the system, you are a hypocrite if you don't try to fix it. Yourself.
    4. Re:Corporate Policymaking by RAMMS+EIN · · Score: 4, Insightful

      ``it will soon become government "against the people.''

      And the US sets the trend. In Europe, there has tended to be much more concern for the weak. Unfortunately, this has started to change lately, with rightist governments in power and under pressure from the USA. I cheer for the left wing victory in Spain, and hope the same will happen elsewhere, though rather without the help of terrorists.

      --
      Please correct me if I got my facts wrong.
    5. Re:Corporate Policymaking by frankie · · Score: 5, Informative
      But to have actual direct input into policy making as the VP of a for-profit organization must be illegal and if it is not should be made so immediately.

      Not illegal. Not even close. In fact, there are many currently-standing laws that are:

      1. written entirely by private organizations
      2. copyrighted by those organizations, with a limited license granted to the government for enforcement purposes
      3. if you want to read the frickin law you must buy a copy from the private company
      And for the grand finale: any other person who makes copies of these laws available to the public is prosecuted for copyright violation! Note that the this case was appealed to the US Supreme Court, but they refused to hear it.

      The law of the land is: you don't talk about the law of the land.

    6. Re:Corporate Policymaking by Rick+and+Roll · · Score: 3, Insightful
      Absolutely ridiculous.

      That cuts to the heart of the constitution, when you can't talk or write about the law of the land. It is really pathetic how only one judge would think of the moral issue, that a law was being enforced that he couldn't even read about. All of the other appeals court judges, in their writing for the judgement, cited the reason for being able to copyright law as convenience.

      That is pure ignorance.

    7. Re:Corporate Policymaking by Danse · · Score: 4, Insightful

      That's one of the more repulsive decisions I've heard about in a while. They are basically saying that the law can be copyrighted and sold because to do otherwise would be too expensive for the government. First of all, the government could contract out such work on standards codes, making them works for hire that the state would own the copyright to. It's fine to pay someone for their expertise in crafting a law. It is definitely not fine to require people to pay for access to the text of the law. Seems like that would make ignorance of the law a valid defense.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    8. Re:Corporate Policymaking by silicon+not+in+the+v · · Score: 2, Interesting

      Here is what's even more repulsive about it. The judges in that building codes case blindly assumed something in making that decision. They don't see anything wrong with it because you can still request or buy a copy of the law from the copyright holder. Here's the big problem with that: they are assuming the copyright holder will make it available. They never really have to, though. That is where this ruling can accidentally be applied in a police-state kind of way. The law can be enforced on the citizens potentially without their having any way to see what the law actually is.

      Woe unto U.S. citizens if a company drafts and copyrights legislation like this, and then sets up an under the table deal to receive kickbacks on fines imposed against violators. The financial incentive to show the law would be gone as it would dry up the revenue stream of fines.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    9. Re:Corporate Policymaking by RAMMS+EIN · · Score: 2, Informative

      ``Replace "more concern for the weak" with "eagernesss to play to the demands of those who don't like to work" and you've captured the growing economic woes of France and Germany almost perfectly.''

      There are always people trying to abuse the system. Care for the weak and people will fool you into thinking they are weak while actually they're lazy. Don't care for the weak and they will be crushed by greedy big shots. I happen to prefer the first one.

      Incidentally, I and many others believe that the economic downturn in Europe was mainly caused by the economic downturn in the USA and the belief and FUD that there _was_ an economic downturn, which is a self-fulfilling prophecy. Speaking from experience, I know that in the Netherlands things weren't so bad. There were a few market segments where people had abused the switch from guilder to euro to inflate prices, and many businesses were seeing their revenues drop once people were realizing how expensive things had gotten. Prices have fallen now, and people are starting to buy again. Go figure.

      As for the elderly who died; well, if you didn't care for the weak they would have died by default. It's not like France is a poor country that can't support its population. If you want numbers, go check the CIA World Factbook and you will find that the population below the poverty line is twice as high in the USA as in France. And the current governments in western countries (in particular the USA, western europe, and Israel), are mainly right-wing, liberal, leave-the-economy-alone-style. I'm not saying that's what caused the economic downturn, just arguing against the notion that the relatively leftish, socialist, support-public-interests politics in Europe caused it.

      --
      Please correct me if I got my facts wrong.
    10. Re:Corporate Policymaking by RAMMS+EIN · · Score: 2, Interesting

      ``So your vote is for the terrorists to win? There sure as fuck did in spain, and it's going to cost us 200 lives before the next election.''

      They did, and I'm not saying I'm happy with that. You need to consider, though, that terrorists don't just kill people for the fun of it. The acts you hear about are organized, which requires support, which requires that people agree with your cause, or with your power. Where the West has money to persuade and armies to enforce, its opponents have to use the means they have. It's more effective to blow up innocent people than to try and assault government officials.

      The USA has made lots of enemies, and they are fighting back. Spain allied itself with the USA, and now suffers the consequenses. The USA has unilaterally attacked Iraq under the pretense of having evidence of weapons of mass destruction, which apparently are a crime for some countries to have but not for others. It has been punishing countries that didn't support it by not allowing businesses from those countries to get contracts, and Bush has repeatedly said that those who do not support him are against him and will be punished. Nobody in this war has clean hands.

      All this killing and trickery to control others just makes me sick. Spend your energy on something constructive, for goodness' sake.

      --
      Please correct me if I got my facts wrong.
  10. How can I too read this meta-data? by trp642 · · Score: 5, Informative

    Use the Antiword!

  11. Democracy by gid13 · · Score: 5, Interesting

    Power is transferring from the state (the general state, not just California) to corporations. If this continues, companies will rule. This is perhaps the ultimate downfall of democracy, and the end point of capitalism.

    It gave me an interesting idea, though. If this situation actually happens, or even if it doesn't, imagine a company run as a democracy. Regular elections for CEO (of course there would have to be some accountability rules so they don't milk it for personal gain before stepping down, but that'a already a problem anyway). I can imagine workers for such a company being more motivated, and certainly more financially healthy since the massive salaries at the top would essentially be spread around.

    1. Re:Democracy by perly-king-69 · · Score: 5, Insightful

      Now, what was it Mussolini said about Fascism being about the merging of the State and Corporation?
      Welcome to the future.

      --

      --
      This sig is inoffensive.

    2. Re:Democracy by bsartist · · Score: 4, Funny

      This is perhaps the ultimate downfall of democracy, and the end point of capitalism.

      On the other hand, it's the beginning point of a lot of really good sci fi books.

      --
      Lost: Sig, white with black letters. No collar. Reward if found!
    3. Re:Democracy by Trashman · · Score: 2, Interesting
      If this situation actually happens, or even if it doesn't, imagine a company run as a democracy.


      As great as that sounds in theory; In practice, absolutley nothing would get done. The CEO example sounds nice but Why don't we drill down to the "peon" (my) level.

      I can see it now:

      PHB: I need you to restore this file, for joe VP user.

      Employee: I will not. The software we use is made by company that only writes software for the product of another company who is a convicted Monopoly. That monopoly is accused of conspiring with Hollywood who is using the Legal system to pass laws that are in it's favor. In addition, I am swamped with this other thing I'm working on.

      PHB: Well, you have the right to disagree. This is a democracy after all. I'll call a meeting and we will vote on it.
      --
      Do not read this .sig
    4. Re:Democracy by oferic · · Score: 4, Informative

      Now, what was it Mussolini said about Fascism being about the merging of the State and Corporation? Welcome to the future

      I think the actual quote was:

      "Fascism should rightly be called corporatism as it is a merger of state and corporate power."

    5. Re:Democracy by hal9000 · · Score: 5, Informative

      Actually, the untruncated quote is:

      The first stage of fascism should more appropriately be called Corporatism because it is a merger of state and Corporate power.

      --
      Look out honey, 'cause I'm using technology; Ain't got time to make no apology
  12. Re:Stupid Bush! by Ryvar · · Score: 5, Insightful

    While a staunch anybody-but-Bush voting liberal, even I have to confess that rank corruption in the realm of intellectual property legislation is universal - the voting record declares authoritatively that both Democrats and Republicans alike have, on this issue at least, sold out to special interests with fervor and abandon.

  13. How many times do I have to say this by DNS-and-BIND · · Score: 5, Insightful
    Save as .RTF, people! The .DOC format is poison for sensitive business documents! In addition, the .RTF format is far more portable.

    Ah, who cares. I'll continue to reap rewards from vendors and lawyers who send .DOC files.

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  14. Not surprising.... by anachattak · · Score: 5, Insightful

    Considering the MPAA's activity in Tennessee this year. The MPAA is a super-powered lobbying machine, fueled by your movie theater ticket and DVD sales. We initially gave them the power to protect their products, which has been increasingly leveraged by turning consumer dollars into political "donations", which in turn allows them to increase the duration of their copyrights, ad infinitum.

  15. Not just microsoft word by Anonymous Coward · · Score: 4, Insightful
    Nearly every word processor supports meta data.

    • OpenOffice.org Writer
    • Word perfect
    • XML
    • PRF
    • HTML


    These and many more support meta data. No word processor is safe. If your going to write controversial material, click File, Properties in the menu of your word processor and edit out the meta data!
  16. Re:Finally P2P restrictions from the right place.. by MoneyT · · Score: 5, Insightful

    However, if you kept reading your law book, you could have found that the 14th (IIRC) amendment has been established by the courts to extend the restrictions placed on the government in the bill of rights to the states as well.

    IOW, California has no right to do this either.

    --
    T Money
    World Domination with a plastic spoon since 1984
  17. This isn't just about RIAA/MPAA by turnstyle · · Score: 5, Interesting
    Even though every time this comes up, it's always cast as "freedom" vs. Great Satan, it's more complicated than that.

    Independents like me are also protected by copyright.

    But note: if the goal is to "legitimize" p2p so that artists get paid, how would you do it?

    Would you add a new Internet tax that everybody should pay?

    Would you add new monitoring software so that an agency can track what people are doing on the net?

    Would it actually be any more helpful to independents?

    Do you think that everybody whose income depends on their ability to sell their own copyrighted work should just have to find another job?

    These are the real questions...

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:This isn't just about RIAA/MPAA by NorwBlue · · Score: 4, Insightful

      Yea right tax the net. Who have the mandate to tax Norwegians/Albani or Korean net-users? How can we differentiate the ones who download and the ones who dont?

    2. Re:This isn't just about RIAA/MPAA by zephyr1256 · · Score: 5, Informative

      But note: if the goal is to "legitimize" p2p so that artists get paid, how would you do it? The EFF has come up with a solution called Voluntary Collective Licensing that would allow artists to be paid for filesharing that is going to occur anyway.

    3. Re:This isn't just about RIAA/MPAA by turnstyle · · Score: 4, Interesting
      Exactly. As soon as you remove the standard-issue RIAA rhetoric, the p2p situation becomes a lot more complex (and interesting).

      People say: "the artists should get paid!" but the same then say "but a tax isn't fair!" and so on.

      Unfortunately, gropus like the EFF want you to keep thinking about this as no more than a struggle with an Evil Oligopoly, but the same stuff applies to every author protected by copyright.

      Again, it only makes sense to consider the full context as well as the solutions put forth by groups like EFF before you make up your mind.

      --
      Here's what I do: Bitty Browser & Andromeda
    4. Re:This isn't just about RIAA/MPAA by SilkBD · · Score: 3, Insightful
      Do you think that everybody whose income depends on their ability to sell their own copyrighted work should just have to find another job?
      Yes.
      --
      00101010
    5. Re:This isn't just about RIAA/MPAA by gfxguy · · Score: 5, Insightful

      The worst thing is to put a blanket tax on a particular medium to the advantage of one or a few groups of people.

      I don't download music, why should I be punished? My company doesn't burn music CDs, we archive our projects and data on CD and DVD, why should they have to pay the RIAA tax? My CD burner at home is used mostly for storing my digital pictures. Why should I pay the RIAA tax?

      I hate to say this, but there is ALWAYS going to be some sort of theft going on somewhere. People still steal CDs from retail stores, after all. The internet may have made it easier to break the law, but if they just made it easy to comply with the law, instead of punishing their would be customers, copyright infringement would drop.

      Apple and several other companies have already proven that given a reasonable and easy method to legally download music, people will do it. If those were real mp3s instead of a restricted format, I bet there'd be a LOT more people downloading. If there were a convenient method for me, I'd do it. I just haven't seen one that I think is worth it.

      So I don't buy. I also don't steal. I simply do without. I shouldn't have to pay a fine for using the internet.

      On the other hand, like the audio cassette and CD fine that I'm already forced to pay, I think it would legitize copyright infringement. After all, if I'm going to be punished one way or another, I might as well take advantage.

      --
      Stupid sexy Flanders.
    6. Re:This isn't just about RIAA/MPAA by Ryvar · · Score: 4, Insightful

      This isn't going to sound very pleasant to you, I suspect, but the fact is that your industry is undergoing rapid and catastrophic - for good or ill - changes, and like any other intelligent creature you are going to have to learn how to adapt to best take advantage of the new environment forming around you.

      Two tips come immediately to mind:

      1) View all studio recordings as advertisement and nothing else. If people are willing to pay for a physical copy of that advertisement, so much the better - but don't expect them to. Your prepared music being distributed VIA ANY FASHION in the modern music industry has but one primary purpose to serve: to get your name out there.

      2) Start viewing live performances as your bread and butter and your only means of actually, you know, making money within the industry. If your style of music doesn't lend itself well to live performance (techno, etc.), come up with a different form of spectacle to keep the audience entertained - they want to pay you money to participate in an event, and you need provide that event. This is your new means of earning an income - selling spectacle to the masses.

      --Ryvar

    7. Re:This isn't just about RIAA/MPAA by ivan256 · · Score: 5, Insightful

      But note: if the goal is to "legitimize" p2p so that artists get paid, how would you do it?

      I would do nothing, since the exchange of information between two individuals is already a legitimate practice.

      Of course, based on the hypothetical "solutions" you're suggesting, the real question you're looking to answer is "How do you maintain the viability of selling recordings?". If the people who stand to benefit from that can't figure it out, then let them go out of business. Performers can go back to making their money the way they have throughout the majority of human history: Live performances, and commissioned works. The best part about this? The money will be well spread amongst musicians instead of making a small few vastly wealthy and screwing everybody else. The idea of being able to create a recording and have it be an endless fountain of wealth with no more input of labor from the creator was broken anyway. Nobody deserves a free lunch.

    8. Re:This isn't just about RIAA/MPAA by 0x0d0a · · Score: 4, Interesting

      But note: if the goal is to "legitimize" p2p so that artists get paid, how would you do it?

      P2P is already legitimate. P2P has never been illegitimate. The statement has as much basis as "knives are illegitimate", "fire is illegitimate" or "sports cars are illegitimate".

      The problem is people trying to *il*legalize it.

    9. Re:This isn't just about RIAA/MPAA by retards · · Score: 4, Insightful

      Listen, this is the REAL issue:

      Someone's current chosen profession and it's ability to feed them or their family should not dictate my personal freedoms.

      So what if artists don't get paid? Who the hell promised that they WOULD get paid forever? Will people will stop making music just because they can't sell 10 million CD:s? No. Can I get a job as a professional scribe, doing nothing but copying bibles by hand? No. Can I make a living building sextants? No.

      Nobody gives a rat's ass about the people that got laid of in the automotive industry because of robotics. Just think of all the lumbermen we could employ if we outlawed concrete! And tractors, what evil! There used to be millions of hard working people just barely making a living planting crops! Oh, the good old days of Old Industry before all of these horrbile, apocalyptical, communist inventions ruined our society and took away the ability to make a living!

      If new thechnology will kill the music INDUSTRY, then let it die, since it is obviously flawed. It's called a market economy, if nobody wants your stuff, your fucked. Laws are not going help.

    10. Re:This isn't just about RIAA/MPAA by MoneyT · · Score: 4, Insightful

      Even though every time this comes up, it's always cast as "freedom" vs. Great Satan, it's more complicated than that.

      Independents like me are also protected by copyright.


      Indeed, I fully agree.

      But note: if the goal is to "legitimize" p2p so that artists get paid, how would you do it?

      There are lots of suggested methods, you could tax CD-Rs which are most commonly used by P2P users for backup of the files they download. You could start a subscription service, under which you pay a (small) fee and have access to a P2P network (note this differs from such things like iTMS et al in that it's a P2P network, not a store). There are lots of proposed solutions, it's just that no one is listening. It's also possible that artists may have to take a loss here and find another way of making income. Maybe CDs on demand instead of mass production.

      Would you add a new Internet tax that everybody should pay?

      of course not, that's senseless. The only people that should pay are those that use the services, a net tax will not do that.

      Would you add new monitoring software so that an agency can track what people are doing on the net?

      Again, no, we only want to charge those that use the services.

      Would it actually be any more helpful to independents?

      It seems to be fairly helpful to a lot of them. But what does this have to do with anything? If it's not more helpful to the independents we shouldn't do it?

      Do you think that everybody whose income depends on their ability to sell their own copyrighted work should just have to find another job?

      If need be, yes. You are not entitled to an icome via your method of choosing.

      Look I'm not some kid that only wants free music, I'm on the music making side of this too. But I'm realistic about this too. My groupd puts out CDs, and yes they can be very expensive to produce, but we have come to realize the money isn't in the CDs. We make more money charging $5 a head for a concert than we do selling CDs for $10 a piece. That's just life someimes. Sometimes you take a loss in one place to gain in another.

      --
      T Money
      World Domination with a plastic spoon since 1984
    11. Re:This isn't just about RIAA/MPAA by Dashing+Leech · · Score: 5, Interesting
      Unfortunately, gropus like the EFF want you to keep thinking about this as no more than a struggle with an Evil Oligopoly

      Not true at all. Depending on who you talk to, the problem with the RIAA/MPAA isn't that they are trying to protect copyrights. The problems include:

      They are trying to hang on to an archaic business model and distribution system.

      They are trying to outlaw a better distribution system and technological progress.

      They are trying to maintain overinflated prices.

      They are using unethical tactics.

      Money they "win" does not go to the artists.

      Copyright law has been modified from its original intention to support maximizing corporate profits at the expense of public rights, progress, and costs.

      If you actually read the EFF position on these sorts of things, you'd see that they have sound arguments against the RIAA and MPAA.

    12. Re:This isn't just about RIAA/MPAA by YrWrstNtmr · · Score: 5, Insightful

      2) Start viewing live performances as your bread and butter and your only means of actually, you know, making money within the industry. If your style of music doesn't lend itself well to live performance (techno, etc.), come up with a different form of spectacle to keep the audience entertained - they want to pay you money to participate in an event, and you need provide that event.

      As you say, not everything lends itself to a live performance. But some things can only be done (and recorded) live.
      Should the London Philharmonic income be limited to only those who can actually attend the performance? Or some group such as Mannheim Steamroller? I don't really want to buy a t-shirt from them.

      Not everything lends itself to 'spectacle' or live performance.

    13. Re:This isn't just about RIAA/MPAA by PortHaven · · Score: 3, Interesting

      And what about theft by RIAA...

      Which prevents me from using songs from CDs I already own as ringers for my phone. Instead they want me to pay $2 for a crappy version.

      WTF?

    14. Re:This isn't just about RIAA/MPAA by turnstyle · · Score: 4, Interesting
      "Unfortunately, gropus like the EFF want you to keep thinking about this as no more than a struggle with an Evil Oligopoly"

      • "Not true at all. Depending on who you talk to, the problem with the RIAA/MPAA isn't that they are trying to protect copyrights. The problems include:"

      Of course, you just did exactly what I'm talking about, flow the dialog into the same old anti-RIAA thing.

      Look, I agree that P2P tech itself should not be held accountable. And I agreed with the EFF when that was their position. And note also that the EFF used to suggest that the RIAA should be suing infringers.

      But the EFF has come to adapt a pro file-sharing-even-when-it's-copyrighted schtick, and that's when they got off track.

      --
      Here's what I do: Bitty Browser & Andromeda
    15. Re:This isn't just about RIAA/MPAA by thrillseeker · · Score: 3, Insightful
      if the goal is to "legitimize" p2p so that artists get paid, how would you do it?

      That is not the goal - your statement assumes that people should not have the freedom to use a tool without the oversight of a nanny government because that tool can also be used for illegal purposes.

      The goal of the MPAA appears to be to "delegitimize" p2p applications because it can also be used to bypass payment schemes of copyrighted material - and any legal use, or users, can just be damned.

    16. Re:This isn't just about RIAA/MPAA by Lumpy · · Score: 5, Interesting

      well then good.

      I have one simple question for you then. as a Fellow Indie film maker....

      why do you make films? I make them to be seen and I am honored when it is good enough to be "violated" and "stolen" by people on Kazaa. Hell my next large film to be soon released by the new film group I have joind/formed. will be available 100% free in a low-res form online. but still purchaseable for $9.99 online in DVD form.

      do I care if someone thinks my film is great enoguh to be copied (no I wont have any protection what-so-ever on the DVD) and distributed?

      nope, It's a gague that the film is a gigantic success, and I need to start submitting it heavily to festivals.

      Hollywood is acting out of greed not out of any noble intentions... and nobody should ever see anything that hollywood does as anything but suspect.

      --
      Do not look at laser with remaining good eye.
    17. Re:This isn't just about RIAA/MPAA by azaris · · Score: 5, Interesting

      If the goal is to "legitimize" p2p so that artists get paid, how would you do it?

      How about starting by turning the royalty system from a cashcow from the rich to an incentive to the working musician?

      Do Beatles^H^H^H^H^H^HMichael Jackson need any more money out of the Beatles recordings made in the sixties? Why are dusty recordings by dead people more valuable than new, innovative stuff recorded today? Why do artists have expectations of recording one album and living off the proceeds for 30 years when nobody else has that kind of realistic expectations about their own work?

      I'm not saying "old" means "bad", I have loads of albums and MP3's from the fifties and sixties, I'm saying that maybe more of the current compensation should go to people who are still alive and making their living out of music. The people who had one hit 20 years ago can frankly go find another job rather than expect to leech off the public forever.

      One idea: create a system that rewards musicians who allow live recordings of their performances to be distributed for free or for low cost.

    18. Re:This isn't just about RIAA/MPAA by Prior+Restraint · · Score: 5, Interesting

      Coding is selling their own copyrighted work

      Not necessarily. My job is to write code for use by my coworkers. I don't sell anything. In fact, I don't even hold the copyright to the code I've written: it's a "work for hire," so my employer holds the copyright. Neither I nor my employer sell this code, yet I manage to make a great deal of money doing this.

      I fail to see why artists can't adopt the same model: if you want to get paid for producing something, get someone to hire you to produce it.

    19. Re:This isn't just about RIAA/MPAA by turnstyle · · Score: 3, Interesting
      "So you have no solution yourself, other than keeping a corrupt and broken system working?"

      "One way or another something will have to give. It would be in your best interests as an artist, and mine as a consumer, that it is not the corporate solution that comes out on top."

      Here's the deal -- once you understand the details of the alternative, only then can we compare them to what we have now and see how they both measure up.

      But as long as the dialog reamins fixated on freedom vs. Great Satan, we're not really talking about anything meaningful.

      I have read the alternatives, and I reamain unconvinced that they are better.

      1) I don't like the idea of a new government agency to track Internet use.

      2) I don't think it's practical to hinge it all on "voluntary" terms.

      3) The alternatve would just be a new agency that pays out to the RIAA anyway.

      And so on. The point is that rather than talk about how much wind the RIAA sucks, we should be talking about how much better the alternative system would be.

      --
      Here's what I do: Bitty Browser & Andromeda
    20. Re:This isn't just about RIAA/MPAA by Dun+Malg · · Score: 2, Interesting
      Isn't the real money for performers in concert seats and merchandise?

      that's a completely different issue. a "Straw man" as they say.

      His point was that nobody but the record companies makes any significant money off selling CDs already, so is it really even a question of "ensuring the artist gets paid" in the first place. It's not a straw man. He's questioning the basic premise of the argument. The man asks "how will independents get paid", and he is asking "does anyone even make money selling CDs now?"

      --
      If a job's not worth doing, it's not worth doing right.
    21. Re:This isn't just about RIAA/MPAA by Anonymous Coward · · Score: 2, Funny

      You're seriously trying to make an argument by stating that Mannheim Steamroller deserves more money? Jesus.

    22. Re:This isn't just about RIAA/MPAA by turnstyle · · Score: 5, Insightful
      "His point was that nobody but the record companies makes any significant money off selling CDs already, so is it really even a question of "ensuring the artist gets paid" in the first place. It's not a straw man. He's questioning the basic premise of the argument. The man asks "how will independents get paid", and he is asking "does anyone even make money selling CDs now?" "

      Here's the response:

      1) if the record companies are making money off CD sales, then money can be made of CD sales

      2) if the artists start to throw off the record industry and take control over their work, that could be their money instead of the record companies'

      3) in an effort to screw the record industry now, p2p disenfrachizes those CD sales

      4) that, in turn, disenfranchizes the hope of those same artists from reclaiming those CD sales

      --
      Here's what I do: Bitty Browser & Andromeda
    23. Re:This isn't just about RIAA/MPAA by pclminion · · Score: 5, Interesting
      If new thechnology will kill the music INDUSTRY, then let it die, since it is obviously flawed. It's called a market economy, if nobody wants your stuff, your fucked. Laws are not going help.

      But your analogy is completely wrong. People do want the stuff.

      The real question is, can you get people to pay any amount at all for it, when there's a "free" option on the Internet?

      Listen to your own attitude. You sound like the type of person who does the absolute minimum to follow the polite rules of society but beyond that, fuck everyone else. I mean, look at this statement:

      Someone's current chosen profession and it's ability to feed them or their family should not dictate my personal freedoms.

      You mean, your freedom to use their copyrighted material without compensating them? Selfish attitudes such as yours are actually quite prevalent in the world (imagine that), and believe it or not, most musicians and movie makers are not going to stand on street corners and manifest their arts for free, to anyone who comes by, out of the kindness of their hearts.

      Your analogy was of new technology coming in and displacing the old. But the analogy is wrong, and it doesn't event make sense, because there is no "new music" coming in and replacing the "old music." What has happened is that technology has given us a way to very easily deny artists compensation for their work.

      The trick in the next century will be to provide people with a way to pay what they think is fair for artistic creations. Then we'll see if the majority of people are fundamentally greedy.

      Answer this, honestly: is the $10 price of a DVD so unfair, really? Do you really think you should be able to get it free just because there's a convenient technology available to do it? If $10 is too high, what would you pay?

      You fly back to "capitalism" as an excuse for your greedy attitude, yet you don't seem to realize that if you have a method whereby you can always acquire a product for free, you completely undermine the basis for the system, which is that buyers and sellers agree on a price through the action of supply and demand. You've artificially turned the "supply" dial to infinity, and it's wreaking havoc.

      (None of this is to say that music or other content isn't extremely overpriced, but making it impossible for artists to get any compensation whatsoever for their work is not the solution.)

    24. Re:This isn't just about RIAA/MPAA by eXtro · · Score: 4, Interesting

      You're only going to ever legitimize some percentage of the population. Before p2p there were people who'd make a physical copy of a CD after borrowing from their friends. Before that there were people who'd tape copies of albums or even broadcasts off the air. I'm sure there were people who listened to music that they didn't pay for even before that but it's before my time.

      Peer to peer filesharing would appear to make the percentage of people who've paid up decrease substantially but I'm not entirely sure it's true. I can only explain my own observations but take what you want out of them.

      When I was a teenager there were several good local stations that played music in the genre that I enjoyed. Within that genre they played music from a wide variety of bands, some really succesful and some not so succesful. I listened to the radio every chance I could. I listened to it between classes on my walkman, in my friends cars on the way to school, on ghetto blasters during shop classes and at home on my stereo. The amazing thing was that despite that amount of exposure you'd always hear something new and wouldn't hear a lot of repeats. In fact the local stations made a big deal about no repeats (I lived near Detroit: WRIF, WLLZ and later WCSX were the stations I listened to). Based on what I heard and what I liked I bought a lot of albums and later compact discs. I still love music as much as I ever did, maybe more, I've widened the types of music I enjoy. I can't find a radio station that doesn't rely on a playlist of 20 to 40 songs with the occasional diversion from the playlist. Even though there's a couple of local stations that I find tolerable I'm not induced into buying a lot of albums. Why? They don't play a lot of songs. The time between repeats is down to at most a couple of hours and I'm not interested enough to buy every album I hear a track from. The radio stations format no longer acts like a drug dealer: "The first hits free, but if you want more then you've got to buy the album." Instead they play the same tunes over and over until quite frankly I'm sick of even the ones I once enjoyed.

      I feel that P2P networks should become the new radio. If you log into a P2P network you can only search for stuff you already know about. Somebody needs to get the idea of letting people putting together setlists of songs that form virtual radio stations. Most music I do purchase now is from people telling me to give something a listen. P2P with some added infrastructure is perfect for that. Out of the chaos there would grow a handful of excellent stations that cover a variety of genres. These would be the ones that most people tune into, at least the ones that really like music as opposed to people who really like being trendy. This would rebuild something that fulfills radios old purpose: Exposing bands to people.

      Some people would just snarf up entire catalogs via p2p and not pay for it, but people have always done this, the only thing that has changed is the technology. But if you're exposed in a meaningful way to more people then you'll sell more albums.Live365.com is close to what I'm talking about but isn't P2P.

      This doesn't mean you'll be succesful. Being an artist doesn't guarantee your success just like earning a degree or learning a skill doesn't guarantee you'll get paid. The term starving artist has been around a lot longer than P2P networks.

      I personally pay for everything I listen to. I have downloaded stuff off of p2p to get a feel for it and not paid for it but then I'm not listening to it. I decided I didn't like it and deleted it or lost track of it.

      You could tax everybody but I would not be at all shocked if the average artist ended up getting less money. I know that if I had to pay a tax on blank media and such I would take it as a sign that I'm entitled to fill it up with whatever I want. So the average artist would have to rely on the good will of the industry to dole out their fair share of the taxes.

    25. Re:This isn't just about RIAA/MPAA by Anonymous Coward · · Score: 2, Interesting

      At last some sence at /. :)

      As a recording artist, this is what I think it should be about. My mp3's allow me to turn up almost anywhere, and get an audiance. If I work hard and well, word will get around, and I'll make enough money (notice "enough"). I don't think I should be repeatedly(?) payed for work I did XX years ago.

      Contravertial huh, someone thinking they should work for their money.

      To all those who say that studio time costs cash 2 weeks cost me about 2 grand (uk).

      Have Fun

    26. Re:This isn't just about RIAA/MPAA by sroddy · · Score: 2, Informative


      Can I get a job as a professional scribe, doing nothing but copying bibles by hand? No.


      Well.... Actually.... If you are Jewish, yes... :-)

      scribe

      "Jewish law demands that these objects be written by hand and comply with the strict standards conveyed to us by Moses at Mount Sinai over three thousand years ago. All products I sell conform to Jewish law."

      Can I make a living building sextants? No.


      Well... Actually.... yes.... Believe it or not there is a market for sextants.

      buy your sextants here...
    27. Re:This isn't just about RIAA/MPAA by Bombcar · · Score: 4, Interesting

      Can I make a living building sextants? No.

      Yes.

      Can I get a job as a professional scribe, doing nothing but copying bibles by hand? No.

      No, but you can donate them!

      Just wanted to point out that long after an industry has died, it will have some remnants doing it for the fun and the novelty. Also see swordsmiths, buggy whip manufacturers, and so on.

    28. Re:This isn't just about RIAA/MPAA by Kismet · · Score: 4, Informative

      Why can't independents thrive off of the merits of their work?

      Scenario:

      You publish some of your creative content. Once published, content is essentially accessible to the general public at no cost. That's the nature of it. Your ideas become public property because ideas, once released, force themselves onto everyone who comes in contact with them, just like Jefferson said.

      Now, your copyright identifies you as the original creator and the source for potential future works. Perhaps copyright will protect you from parasites who might try to hijack your work for their own exclusive gain, but nothing more.

      You have made little or no money from your initial offering to the public. Your work, so far, is merely an investment. If you are any good, people will appreciate you. They will hope for more.

      You will say: I own other ideas; ideas that are uniquely mine, and that nobody else has but me. These ideas are worth something to the public, and I will release them to you if you make it worth my effort.

      If the public, based on the merits of your previous ideas, would like to be edified by your continuing work, then they will support you in your work. And if you become so astoundingly popular, why not hire a publishing house to get the word out to the masses? They could even take a small cut of your earnings. What a novel idea.

      How can this go wrong? Why not use a system that actually cultivates excellence by feeding the true masters? Why not let the mediocre find something else they truly excel in? Why do we celebrate mediocrity? If the people still want the latest sexed-up teenage sensation, why, they can still vote with their money.

      Isn't it time for people to think about what they really want? Why is it that we are force-fed our culture, as it were, through an I.V.?

      It is not a hard issue. Why is there such debate?

    29. Re:This isn't just about RIAA/MPAA by glassesmonkey · · Score: 5, Insightful

      Start viewing live performances as your bread and butter and your only means of actually, you know, making money within the industry.

      Do you know who controls most music venues? Do you know who owns the most radio markets and controls the playlists? Do you know who earns the majority of the money from your concert performances? The answer is Clear Channel.. and no that's not tin-foil goodness, that sadly is true.

      Corporate influence bought deregulation resulting from the Telecommunication Act of 1996 and the whole MPAA issue is probably small peanuts relative to Clear Channel's influence.

    30. Re:This isn't just about RIAA/MPAA by ichimunki · · Score: 2, Interesting

      Coding is not selling copyrighted work. Coding is selling the service of coding. Most code is not universally useful. Neither are most "copyrighted" works. And in most of these cases, we find that copyright law is actually being used to deprive workers of "ownership" over "property" that they created. If I write a program for my employer, I cannot write that same program for someone because my employer would own the copyright on the so-called original and has the exclusive right to create derivative works. And before some libertarian gets all property rights on me...The Libertarian Case Against Intellectual Property Rights.

      --
      I do not have a signature
    31. Re:This isn't just about RIAA/MPAA by apol · · Score: 2, Insightful
      Not everything lends itself to 'spectacle' or live performance.

      OK, so let those who depend on selling copyrighted music run the risk of having to live of something else if they had to opportunity to think about this issue for a minute.

      I prefer that to the risk of being sued for sending a "remember that song?" email with to an old friend with an mp3 attached. And I am sure most people would agree with me.

      Copyright should be imposed to commercial utilisation of someone else's work. That should be enough to let every artist survive. Of course any time you change a law -- or open a new road, or change the tax system -- there can be telented people harmed. But to restrict the freedom to share the information we want with friends is for me more incompatible with the basics of our civilisation than to ask this effort for the artists.

    32. Re:This isn't just about RIAA/MPAA by agentforsythe · · Score: 2, Funny

      hehe I misread your comment as something amusing

      alas it wasn't

    33. Re:This isn't just about RIAA/MPAA by weez75 · · Score: 2, Interesting

      The problem with the EFF's collective sharing proposal is that it leaves artists no choice. Their stance is that we create this system similar to radio where artists collect their checks from some organization like BMI or ASCAP. Those who do not participate in this system basically are out of luck. It offers no protection for those people--essentially you either do as they say or your hard work is fair game for everyone else.

      --
      Of course we torture people, we need the information --Gen. Pinochet
    34. Re:This isn't just about RIAA/MPAA by dthree · · Score: 2, Informative

      "Your analogy was of new technology coming in and displacing the old. But the analogy is wrong, and it doesn't event make sense, because there is no "new music" coming in and replacing the "old music." What has happened is that technology has given us a way to very easily deny artists compensation for their work."

      Thats not whats really happening. Recorded music WAS a new technology and income stream to musicians when it was invented. Before that, as someone mentioned, the only way for musicians to make money was live performance or commisioned compositions. Now, that income stream is drying up and the smart musicians are moving on and using recordings as advertising for thier shows or other media products.

      --
      "I forgot my mantra."
    35. Re:This isn't just about RIAA/MPAA by sean.peters · · Score: 4, Insightful
      You mean, your freedom to use their copyrighted material without compensating them? Selfish attitudes such as yours are actually quite prevalent in the world (imagine that), and believe it or not, most musicians and movie makers are not going to stand on street corners and manifest their arts for free, to anyone who comes by, out of the kindness of their hearts.

      Okay. I'm fine with that. I'll either make do with what's in the public domain, commission a work, or (gasp) create my own art. Where did people get the idea that the "recording industry" was a necessity for life?

      Sean

    36. Re:This isn't just about RIAA/MPAA by retards · · Score: 2, Interesting

      The real question is, can you get people to pay any amount at all for it, when there's a "free" option on the Internet?

      No, that is not the question. The question is, can you make enough money to save the CURRENT publishers from bankrupcy. Heard of iTunes? Hello?

      You mean, your freedom to use their copyrighted material without compensating them?

      No, my personal freedom to own a P2P-application. Or to read newsgroups. Or to chat on IRC. I'm not expecting a free lunch at all. What I AM demanding is that the people that cannot continue to make money due to a broadband connection in every home to get another job and start doing something useful instead griping about how unfair all this new tech is.

      Why should this one facet of human life and industry be the single one ever to be saved by laws that will as a byproduct destroy some of the very pillars on which our civilization stands (freedom of expression and freedom of choice)?

      The trick in the next century will be to provide people with a way to pay what they think is fair for artistic creations.

      WHAT?? Most artist get jack shit for what they do, they have daytime jobs that barely pay for material, instruments, whatever.

      yet you don't seem to realize that if you have a method whereby you can always acquire a product for free, you completely undermine the basis for the system

      This is not an issue concering theft or greed in the general public, but about if we are to allow copyright laws to be used as a weapon against ordinary people and their civil rights.

      If you think it's a good idea to transport and distribute plastic discs all over the planet instead of using wires that are already there to transmit it digitally, you are completely mad. Do you have any idea of the ecological consequences of the current distribution methods? To outlaw or hobble digital distribution methods to save the current players in the music and movie industry is like outlawing email so that UPS never has to rethink it's business model.

      The system will not break if platic discs stop moving around the world, there will just be less platic discs (oh no!).

    37. Re:This isn't just about RIAA/MPAA by scrytch · · Score: 2, Interesting

      > Also see swordsmiths, buggy whip manufacturers, and so on.

      I've heard it mentioned that there are probably more buggy whips being made now than at any other time before. The difference is that these days it's usually not a horse that's on the receiving end...

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
    38. Re:This isn't just about RIAA/MPAA by BLKMGK · · Score: 4, Insightful

      First of all - FEW DVD are $10 where I'm at - $20 is more the norm. Is a DVD of content wish to listen to worth that? Yup, I've purchased more than 300 of them to prove it. Now, is a CD that's 99% TRASH worth that SAME amount? Nope! I have plenty of MP3 from old CDs and from friends. I purchase songs from iTunes occasionlly and will once in awhile buy compilations and "best of" CDs. For the most part the RIAA can piss off so far as I'm concerned - the motion picture guys are doing a little better in my book. when they decide to break compaability with my current player, change to a different encryption scheme, or succeed in screwing up the HDTV standard (it's coming) then I will cease and they too can piss off.

      P2P isn't about just trading feature movies despite what these bozos would have the legislature believe. I know more than a few people who use it to get free amatuer p0rn clips, race videos, and other USER made stuff - they have NEVER gotten an MP3 from P2P. Why should they be penalized?

      The heart of this matter - despite everyone turning this into an RIAA debate - is that a member of the Motion Picture trade association appears to be helping AUTHOR documents for a legislative office. If this were a gun manufacturer or P0RN industry executive would we be a little more incentivized to talk about the REAL issue here perhaps? These people have NO business attempting to shape legislation in this manner - why is everyone debating P2P when that is NOT the issue here?

      --
      Build it, Drive it, Improve it! Hybridz.org
    39. Re:This isn't just about RIAA/MPAA by esme · · Score: 2, Insightful
      Not everything lends itself to 'spectacle' or live performance.

      that's what commissoned works are for.

      before copyright, works that couldn't be developed based on performance revenues were commissioned by the local royalty, wealthy families, church, and/or government. if you can't get people to pay to see it, and you can't get someone to commission it, then you need to find something else to do to make money.

      copyright, as it now stands, doesn't do a terribly good job of getting money to performers, and it seriously intrudes on my right to copy and exchange sound and video recordings. that's a terrible bargain that we should be getting rid of as soon as we can.

      -esme

    40. Re:This isn't just about RIAA/MPAA by pilgrim23 · · Score: 2, Insightful

      We have faced this sort of situation before many times. Here is one example: In the Middle ages the Church had an interesting strangle-hold on society: Forgiveness of sin. and, to insure such forgiveness, the Church would issue a slip of paper good for any future sin (I am NOT kidding). This "get out of jail free card" was called an Indulgence. An Indulgence was issued upon receipt of a small "contribution" to God's representative on Earth. I mean, who could refuse a deal like this? Teams of clerics (sweat shops) worked night and day with quill and parchment churning out Indulgences. The money thus generated was a major revenue stream for the Church. Many of the major Cathedrals of Europe were paid for mainly by the income from: Indulgences. Then, along came Gutenberg...At first the printing press was a boon to this "business". Printed indulgences were far cheaper to produce then hand made. The only people hurt by the technology change were the "artists". Then two things happened in quick succession: First, pirate presses churned out unauthorized indulgences and flooded the "market". Quick fortunes were made and the local parish priest threatened "dire woe". Second: Joe Peasant FINALLY awoke to the scam and figured out that the indulgence was not worth the paper it was printed on (expect for a trip to the jakes). Paradigm shifts are not new, but, the power structure of the day is usually the last to let go of a proven money maker, even after it no longer works.

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    41. Re:This isn't just about RIAA/MPAA by meta-monkey · · Score: 4, Insightful

      Wow, someone give this man a clue.

      Artists should get paid the same way everybody else gets paid. They provide a service. Indviduals choose whether or not they would like to part with some of their money for said service, at the price set forth by the service provider. It's the same business model as everybody else in the world. So, what do you do for a living? Write code for an employer, maybe? Well, you provide your service (code writing) to the employer, who chooses to part with some of his cash in exchange for your services. It's the same thing for motion picture artists. Peter Jackson and crew spend considerable time and money creating The Lord of the Rings film adaptation. You decide you would like to see it, so you part with $10 to view the film.

      The difference is as such. While your skills are only of interest to one person (your employer), the artists skills are of interest to many, many people. It's also much easier to rip off the artist, and not pay for his service, than it is to rip you off by not paying your salary. Your current chosen profession and it's ability to feed you or your family should not dictate your employer's personal freedom to consume your services, and not cut you a check, right?

      I agree, business models have to change, and they are. I make my living as a photographer, mostly weddings and portraits. In the last five years, the average cost of wedding photography has right about doubled, because of copying. It used to be that photographers made most of their money off reprint orders from families. Those orders have pretty much ended since everybody and their brother has a scanner and a printer, or the "Make Prints from Prints!" kiosk at Wal-Mart.

      The business model used to work like this:

      1) Look at your costs. $30,000 worth of equipment plus insurance, maintainance, replacements, backups, etc. Studio overhead, business overhead. Film, developing, printing. Health insurance, mortgage, food, etc.
      2) Determine profit necessary to stay in business, and eat. Say, $2,000
      3) Charge the couple $1,000. Make another $1,000 off reprint orders from parents, grandparents, friends, family.

      Today, step 3 is ) Charge couple $2,000, and give them the negatives/high res image files. Let them deal with making crappy prints from their home printers to save a few bucks, because they don't listen when you tell them to bring them to a pro lab.

      So who wins here? Nobody. Who loses? The customer. Now the couple is paying more, and getting worse quality. Technology is a two-edged sword...

      --
      We don't have a state-run media we have a media-run state.
    42. Re:This isn't just about RIAA/MPAA by Savatte · · Score: 2, Interesting

      why do you make films? I make them to be seen and I am honored when it is good enough to be "violated" and "stolen" by people on Kazaa. Hell my next large film to be soon released by the new film group I have joind/formed. will be available

      So you see your films in terms of marketing and profits. You don't make films for artistic purposes or just for the joy of making films?

      Hollywood is acting out of greed not out of any noble intentions... and nobody should ever see anything that hollywood does as anything but suspect

      If you're making films whose main purpose is to be seen, that's just like Hollywood. The only difference is you have a smaller budget.

    43. Re:This isn't just about RIAA/MPAA by Aceticon · · Score: 2, Insightful


      > Someone's current chosen profession and it's ability to feed them or their family should not dictate my personal freedoms.

      You mean, your freedom to use their copyrighted material without compensating them?


      Actually, copyright is a protection extended by society to an author's intelectual works. The intention being to improve everybody's "wealth" by stimulating each person or groups of person's to be creative.

      The other side of this is that intellectual property (incl copyright) is an artificial construct.

      If we take that in account, then the reasoning of the original author can be read as: "I will not support [artificial] garantees of income to someone in any profession they choose if that limits my personal freedoms".

      Just my 2 cents.

    44. Re:This isn't just about RIAA/MPAA by Unregistered · · Score: 2, Insightful

      Get rid of the labels and sell cds cheap. No p2p network is really that great for dling music. Kazaa is full of crap, soulseek (the best out there) doesn't have a decent client that i know of, though that may change. (The client works, but the dl and search features are very primitive). I would be willing to pay a few bucks for a cd. Prehaps, the artist's share (about $2, right?) plus a little for dist. costs. So it would be $3-4 for a cd. That would be fair. Artists coutld also offer downloads for less, maybe $2.50. This does not seem like it would hurt the artists much, but everyone (except the labels) would be happy. The labels don't seem to do much to help artists signed with them. All they do is make sure as few people as possible hear about artists that didn't sign with a major label.

    45. Re:This isn't just about RIAA/MPAA by AstroDrabb · · Score: 2, Interesting
      Your analogy was of new technology coming in and displacing the old. But the analogy is wrong, and it doesn't event make sense, because there is no "new music" coming in and replacing the "old music." What has happened is that technology has given us a way to very easily deny artists compensation for their work.
      I think he was talking about a business model and not the technology. It is the RIAA/MPAA business model that needs to go.
      The trick in the next century will be to provide people with a way to pay what they think is fair for artistic creations. Then we'll see if the majority of people are fundamentally greedy.
      How can someone pay the artist when the RIAA/MPAA strips the artist of all copyrights? The RIAA is a useless middle man and is only there to collect money and enforce an monopoly. It is extremely difficult for a new artist to publish an album on his/her own. So they have no choice but to go to the RIAA and hand over ownership.
      Answer this, honestly: is the $10 price of a DVD so unfair, really? Do you really think you should be able to get it free just because there's a convenient technology available to do it? If $10 is too high, what would you pay?
      I think $3 - $5 USD would be far more fair. It cost nothing to mass-produce a CD/DVD. Look at Home Depot/Lowes vs. the independent hardware store. The mom-n-pop hardware store wants to sell a screw driver for $10 while Home Depot/Lowes wants to sell 10 screw drivers for $1. Also, are you aware that the MPAA takes just about all of the money made in a movie theatre during the first few months? The only way a movie theatre can survive is by charging us consumers $5 USD for stinking hot dog. You can buy 16 hot dogs for that price. $10 for a bag of popcorn and a soda is not uncommon.

      Also, have you noticed that there is no competition in the record/movie industry? It is not like each label/studio tries to compete on album/movie prices. All the albums/movies are about the same price. I think it is fair to call that "price fixing". The most important thing in Capitalism is not a buyer and a seller, but a free market. You cannot have a free market when there is a monopoly. By all the record labels and movie studios joining together, they have eliminated competition for themselves and are free to ask any price. The consumers and artist are the ones getting bent over here.

      I also wonder what percentage of total CD/Movie sales goes to the executives vs. the artists? I bet we would all be surprised to see that the money we spend on CDs/Movies does not support the artists, but instead, that money pays for the large homes, boats, vacations, etc of a few over-paid executives.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    46. Re:This isn't just about RIAA/MPAA by gfxguy · · Score: 4, Insightful

      iTunes DMA is irrelavent. The hole in their copy protection scheme is allowing songs to be burned onto CD's. I downloaded songs off of iTunes courtesy of the Pepsi Bottle Hack and burned them to a CD and ripped them back onto my computer. Now their floating around on my xbox, laptop and mp3 player all in a DMA free format.

      No, it's not irrelevent, it's annoying, and that's why more people aren't using it. If you could just download mp3s instead, you wouldn't have had to jump through those hoops. It's not irrelevent, it's symbolic of the stupidity in the industry, they only manage to annoy their honest customers while the people who steal the music enjoy greater freedom and less hassle.

      --
      Stupid sexy Flanders.
    47. Re:This isn't just about RIAA/MPAA by danila · · Score: 4, Insightful

      Market is not perfect. Most people living in capitalist countries usually suck it with the milk of their mother that markets are perfect, but that's a big lie. Markets are good at one thing - achieving equilibrium between supply and demand. All other efficiencies can only be proved if you postulate the market equilibrium is the most efficient solution.

      Now back to the issue at hand. Not everything lends itself to 'spectacle', but not everything lends itself to a CD or radio performance as well. Market develops a framework, inside which people and businesses need to operate. If that framework changes, that may harm a few players, but that's a fact of life. They have to deal with it. Many things are not practical today, in the current environment. Clever hard sci-fi movies are one example, there are simply none of them made. One or two small budget productions per decade at most. That's just one example, there are thousands more examples of things markets do not provide, but we do not miss them, because we don't have them.

      The alternative, of course, is a shift to a more planned economy (at least in the field of music). There is nothing wrong with state support, as witnessed by the European filmmakers and art in the Soviet Union (not kidding). And a nice side effect is that artists suddenly find that they can live on $50000-200000 just fine. :)

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    48. Re:This isn't just about RIAA/MPAA by Anonymous Coward · · Score: 2, Insightful

      > 2) Do you really think that downloaders are going to voluntarily agree to pay?

      I would. About 1/3 of the songs I have are from artists who's records are either:
      a) No longer produced (I can't even find them in used CD stores)
      b) Produced in some other country and I have no clue on how to pay them.

      If it was standard practise for MP3s to include metadata that tells where you can pay (along with a PGP signature), I'd happily pay.

    49. Re:This isn't just about RIAA/MPAA by danila · · Score: 3, Insightful

      But the EFF has come to adapt a pro file-sharing-even-when-it's-copyrighted schtick, and that's when they got off track.
      May be it's because they got on FastTrack. Seriously, the freedom to copy information trumps the freedom to make money. There are few things that should not be freely distributed, very few... What few examples I can think of are really far-fetched.

      Yes, freedom of information can harm businesses. Like in the case of Enron wistle-blowers. Or in the case of people downloading the latest Brittney's album for free. But in both cases the right to freely disseminate information (even when this information is a trade secret, commercial secret or copyrighted work) should prevail.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    50. Re:This isn't just about RIAA/MPAA by bay43270 · · Score: 3, Informative

      • Of course, you just did exactly what I'm talking about, flow the dialog into the same old anti-RIAA thing.

        Look, I agree that P2P tech itself should not be held accountable. And I agreed with the EFF when that was their position. And note also that the EFF used to suggest that the RIAA should be suing infringers.

        But the EFF has come to adapt a pro file-sharing-even-when-it's-copyrighted schtick, and that's when they got off track.


      You need to read the EFF site a little. The EFF isn't trying to get rid of copyright, or make file sharing (in its current form) legal. Their trying to get the law to catch up to the technology in a way that benefits both consumers and artists (but not necessarily the RIAA/MPAA). The reason the RIAA/MPAA are portrayed as 'evil' is that they fight these efforts at every step (as they probably should, for the sake of their business).

      The EFF has not adopted a anti-copyright view (as you suggest). If you would read their website, you would see that the "EFF advocates offering fans a legal way to use P2P programs while ensuring that artists get paid."

      Rather than assuming you understand the position of the EFF based on conversations on /. (including this one), you should read their site. They spell it all out in plain English.
  18. Re:Finally P2P restrictions from the right place.. by GigsVT · · Score: 3, Insightful

    The federal constitution is still the supreme law of the land. If you argue the federal government is forbidden from restricting P2P on first amendment grounds, then you can't argue that the state or local government has any more ability to restrict it.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  19. In other news.... by fuzzy's_world · · Score: 2, Funny

    ...speeches by California Governor Arnold Schwarzenegger are also scripted by the MPAA....

  20. Key Words by Bill,+Shooter+of+Bul · · Score: 3, Funny

    Our Constitution in the U.S. prevents Congress from making any law infringing on our natural freedom of speech. To me, P2P is communication, which is speech. Therefore, the federal government has no mandate to restrict it.

    To me, the federal government is my servant and as such they should pay me taxes, not the other way around.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  21. Illegal sharing by marvin_pa · · Score: 2, Funny

    I would say the document was "shared illegally".

  22. Misleading summary by RyoSaeba · · Score: 5, Informative
    Summary is misleading:
    was actually authored
    but the article states:
    it was either drafted or reviewed by a senior vice president of the Motion Picture Association of America.
    (emphasis mine)
    --
    Tsuyoikoto ha taisetsu da ne, dakedo namida mo hitsuyousa (Strength is an important thing, but tears too are necessary)
  23. Tricksy word processors by AndroidCat · · Score: 5, Funny

    Okay I think I've almost got it. CTRL-C is cut. CTRL-V is paste. But which key is "file off the serial numbers"?

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Tricksy word processors by websensei · · Score: 3, Funny

      I think you need even more help:
      CTRL-C is "copy" (not cut)
      CTRL-X -s "cut"
      CTRL-ALT-DEL + ALT-S is "secure your windows box"

      --

      La via sola al paradiso incommincia nel inferno
  24. We are not a Democracy! by dada21 · · Score: 2, Informative

    This is a big reason why anarchocapitalists (and most libertarians) are anti-democracy: in a democracy, power tends to trickle up to the connected few who can say they have the mandate of the many.

    This country was founded on a Constitution that limits the power of the majority. 51% of the country could vote to kill the other 49%, and the Constitution does not allow them to. Don't believe the hype presented by Democrats and Republicans alike, the only mandate they have is for powers specifically delegated to them by the Constitution. Those powers are small, not wide reaching, and very limited in scope.

    Living document it is not. If we are to return to personal responsibility, we need to disrupt the current authoritarian control of the federal government.

    1. Re:We are not a Democracy! by Frizzle+Fry · · Score: 2, Informative
      --
      I'd rather be lucky than good.
  25. In other news... by frs_rbl · · Score: 5, Funny

    metadata in Bush memo shows it was written by his dog Spot

    --
    This is not my opinion. Actually, it's not even an opinion. And I'm nowhere to be seen near it
  26. Say it with me by FictionPimp · · Score: 5, Funny
    Come on guys, Say it with me now

    PDF!

  27. How soon until we see sanctions... by EvilTwinSkippy · · Score: 4, Interesting
    against the MPAA.

    That's just plain dirty pool. And since when does an Attorney General have time to combat crap like this, in a state where illegal immigrants flow across the border, you have one of the largest open-air markets for drugs, and your state was just taken up the poop shoot by Energy producers.

    Screw the media companies. They can fend for themselves. It's the citizens of California the AG is sworn to protect.

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming
    1. Re:How soon until we see sanctions... by grasshoppa · · Score: 4, Insightful

      It's the citizens of California the AG is sworn to protect.

      You poor, naive fool. The AG's purpose is much the same as everyone's purpose: To keep his/her job.

      Doing what's right for the people don't make a popular politician.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
  28. Re:Stupid Bush! by Stoutlimb · · Score: 5, Insightful

    That's because when you get to choose only between the Republicans and the Democrats, in reality, you have no choice at all.

    It's about time Americans stopped calling themselves a democracy.

    .

  29. Amusing juxtaposition by dmomo · · Score: 2, Funny

    After reading the article on Wired, I look up, and boom. I see an ad for MSN!!

  30. The Spirit of Steve Dallas lives on! by The+I+Shing · · Score: 5, Interesting

    This article's mention of product liability warnings reminds me of that Bloom County strip in the 80s where sleazy lawyer Steve Dallas is contemplating whom to sue after getting pummelled and hospitalized by Sean Penn's forehead.

    After explaining why he shouldn't sue Sean Penn ("juries love famous people, and he might return to beat up the plantiff"), or his wife, Madonna ("proving liability might be difficult, and she might return to beat up the plantiff"), or Opus the Penguin ("never, ever sue poor people"), he settles on suing the Nikolta Camera Corporation, a "huge, multinational corporation with gobs of liquid cash," on the grounds that they were "criminally negligent in not placing a warning sticker on their cameras that reads, 'serious injury may result from photographic psychopathic Hollywood hotheads.'"

    He then finishes up by waving a flag and declaring, "America, Land of the Lawsuit... God bless her!"

    I guess the P2P software companies are likewise criminally negligent in not warning people that their products could lead to some harm.

    Since there's no warning sticker on this spindle of blank CD-ROMs on my desk, I think I'll see how many of them I can shove down my throat.

    On the same subject, have you seen some of the warning stickers manufacturers DO put on their products? Can I get a reply with some examples? I'll start off by citing the sticker on the baby stoller that reads "Do not fold stroller with infant inside."

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:The Spirit of Steve Dallas lives on! by tweek · · Score: 3, Funny

      "Do not immerse head in spackle."

      I shit you not.

      Or the one every techie has seen:

      "This is not candy. Do not eat silica"

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    2. Re:The Spirit of Steve Dallas lives on! by dominator · · Score: 3, Funny

      On Planters (tm) Peanuts cans and various jars of peanut butter I've seen:

      "Warning: product contains nuts"

    3. Re:The Spirit of Steve Dallas lives on! by Wyzard · · Score: 2, Informative

      That one's at least understandable, because peanuts are legumes, not nuts.

    4. Re:The Spirit of Steve Dallas lives on! by red+floyd · · Score: 4, Informative

      Yep. That's incredibly necessary.

      My daughter is allergic (as in "drop dead allergic", not as in "itchy itchy allergic") to nuts (tree nuts -- walnuts, cashews, pecans, etc...), but not to peanuts (which, as the parent notes, are legumes). So, if I look at a jar of peanuts, I need to know if it's been processed on the same equipments as tree nuts (aka "nuts"), so that I won't buy it and give it to my daughter.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  31. Re:Stupid Bush! by devilspgd · · Score: 2, Funny

    Well sure, but think about how many different breakfast cereals are available!

    --
    Give a man a fish, he'll eat for a day, but teach a man to phish...
  32. Isn't it amazing that the same legal arguments by reverendG · · Score: 5, Interesting

    are being studiously ignored in so many other ways?

    Let's take a look at guns, for example. REPLACE([Wired Article],'P2P software','assault rifles') and suddenly you've got the arguments for every single pro-gun-control group in the USA. Personally, I'm much more worried about the imminent public danger of a submachine gun than I am worried about the threat to public safety presented by Kazaa. Yet why is the state AG not addressing gun control instead of P2P?!

    If we wanted to pull this little idea out a little further, how about we apply it to speeding? Car companies sell us their cars by telling us how fast we can go! McDonalds only recently started cutting back on portion size, but I don't remember any state AGs railing against the public safety risk of a Big Mac.

    It's no surprise that our politicians are in the pockets of big corporations. When I talk to people about situations like this, they most often say, "business as usual," shrug, and turn away. Not enough of them get angry and vote. Our politicians are crooked because they are ALLOWED to be.

    --

    Why should I argue rationally with someone being irrational? I'll just mock them instead.
    1. Re:Isn't it amazing that the same legal arguments by unperson · · Score: 2

      Let's take a look at guns, for example. REPLACE([Wired Article],'P2P software','assault rifles') and suddenly you've got the arguments for every single pro-gun-control group in the USA. Personally, I'm much more worried about the imminent public danger of a submachine gun than I am worried about the threat to public safety presented by Kazaa. Yet why is the state AG not addressing gun control instead of P2P?!

      As an avid gun rights supporter, I feel obligated to point out that the term "assault rifle" can not be interchanged with the term "submachine gun". As the US's 1994 Assault weapons ban is set to expire this September, I feel it is important to thwart any possible misinformation on this subject when I see it (especially if its in a highly moderated comment).

      A "submachine gun" is a fully automatic machine gun, usually characterized by its design to accept a smaller caliber pistol cartridge, such as the 9mm Parabellum. Submachine guns, like all machine guns, have been highly regulated in the US since the National Firearms Act of 1934, and production of machine guns for the civilian market has been halted since 1986.

      An "assault rifle" is a semiautomatic military style weapon. Functionally speaking, an "assault rifle" is equivalent to any other semiautomatic firearm. Even the term itself is often rejected, as no one can really say what makes a firearm "military style". In terms of the definition of "Assault rifles" in the current ban, they posses 2 or more particular cosmetic features, ...ie, have pistol grips, collabsible stocks, etc.

    2. Re:Isn't it amazing that the same legal arguments by MoneyT · · Score: 2, Insightful

      Yet why is the state AG not addressing gun control instead of P2P?!


      Oh they are, have you looked at the gun legislation in california recently? But that's besides the point because the right to keep and bear arms is a constitutionaly protected right.

      The right to "infringe on copyright" is not.

      Our politicians are crooked because they are ALLOWED to be.


      No, I think George Carlin put it best. Our politicians suck because the public sucks. There are no public serving selfless humble politicians out there that are just waiting to run for office if only they would get the vote. The fact is, America is full of selfish self serving pricks who's only true goal in life is to get what they want for themselves and to hell with everyone. The politicians we elect are the best this country has to offer. And that's sad.

      --
      T Money
      World Domination with a plastic spoon since 1984
  33. The Real Issue? by jkubecki · · Score: 4, Insightful

    Everyone is commenting on the fact that the MPAA wrote this document, but what is more disturbing to me is the actual precedent this kind of thing sets, as mentioned in the article:

    "It's one thing for the MPAA to come up with a theory like that," said Electronic Frontier Foundation senior intellectual property attorney Fred Von Lohmann, "But it would be quite another for a state attorney general to adopt it. The principle has no limit -- you can use Internet Explorer to violate the law or unintentionally access pornography, so does he want to suggest that Microsoft is also breaking the law? Why stop at the Internet -- should Ford be held liable for failing to warn drivers that exceeding the speed limit will expose them to citations?"

    And it's interesting that this comes right around the time that Congress is passing legislation banning liability suits against the fast food industry...

    So, while Congress says "Hey you have to be responsibile for your own actions with regard to the products you use, even if you use those products as intended", the state attorneys general are saying "Hey if you get in trouble, it's the product manufacturer's fault, even if you're choosing to use the software in a way not intended by the company."

    So why not take the EFF's argument one step further? If I drive a Ford to rob a bank, is Ford then responsible also for not warning me not to do so?

    Of course, I'll probably get modded down for being off-topic...

  34. buying influence by Anonymous Coward · · Score: 5, Interesting

    Are people really surprised? I have to thank microsoft for the metadata feature. Without it, this particular push by MPAA would have slipped by with fewer people getting pissed. Businesses have been buying influence for a long time people. Get over it. Those who think this kind of isn't happening are living on mars. Just look at the fat tax cuts Bush gave the richest 10% of america. The rich will always try to screw us, unless we educate ourselves and make sure we don't let them. So far, it looks like the efforts of the rick to deprive the middle class is going swell. Public education is getting worse, jobs are going over-sea and business aren't hiring. Life is great, if you're rich. Otherwise, you have to keep bustin' your butt. People need to get out the vote and think for themselves. That means not buying into party lines and thinking critically for yourself.

  35. Re:Stupid Bush! by MrAl · · Score: 2, Insightful

    We're a representative republic. But I guess democracy sounds so much better.

    Or something.

  36. Micosoft's best technology of Word(TM?) by School_HK · · Score: 5, Interesting

    I think the most suitable term for describing the innovation by Microsoft Word is meta-data. It symbolizes the real freedom to non-word users like me, and fight against secrets that the public should know. From the case of SCO-Microsoft, to the case of P2P-sharing, this technology opens another world of computer usage of Microsoft Word. Who's benefit from it? Of course are the public.

    From another point of view, the usage of meta-data is serious, which means that if you don't want your words logged by anything, you should use plain text editor.

  37. Re:Stupid Bush! by The_Mr_Flibble · · Score: 2, Funny

    My bad. It was a goverment for the people buy the people.

  38. Then VOTE! by SuperBanana · · Score: 4, Insightful
    This new governmental policy of letting the corporations dictate public policy has just got to stop

    Then get off your ass and VOTE, or run for office. These days the political climate is overwhelmingly in favor of the little guy, because people are so disenfranchised. If some 80 year old farmer from Vermont can get elected to congress for being a "regular hard working guy", why can't you? There's something like less than a 20% turnover of elected officials these days; our government is chock full of career politicians more interested in getting reelected than actually representing the people or working for good government.

    People whine about corporate involvement in government, then do nothing when it comes time to do the one thing corporations can't- actually place a vote, or run for office. Voter turnout in this country is pathetic; 3rd world countries have better turnout than us, and they have to deal with gunslinging "supporters" and whatnot. In Russia, Putin's opponents simply disappear.

    What's your excuse?

    1. Re:Then VOTE! by Whatsmynickname · · Score: 4, Insightful

      (BTW, I Vote) Vote? Vote for WHOM? For example, in the upcoming presidential election, do you think either Kerry or Bush is going to have the interests of P2P users or the MPAA/RIAA at heart? Then you have the hundreds of millions who say "duhhh, well I HAVE to vote for Kerry or Bush, or my vote won't count... In order for a vote to COUNT, an underlying assumption is we actually have a CHOICE, instead of two republicrats.

      Hell, things have gotten so bad, Bush is now spending like a socialist and not doing anything about the borders! You have some right-wingers scratching their head wondering if this goofball is really a Republican at all (never mind the usual Rush apologists for this behaviour) aside from the terrorism stance. And of course you have Kerry, whose a multi-millionare, so yeah, he's REAAALLLY going to look out for the little P2p downloading guy or girl! Right!

      Right now, I'm really stumped as to who to vote for in many elections because I really don't see too much of a choice nowadays...

  39. Or, the lawyer is pirating MSWord? by dnorman · · Score: 5, Funny

    The alternative would be that the CA lawyer is just running a pirated copy of MSWord, which was obtained from sources in MPAA....

    --


    It is pitch dark. You are likely to be eaten by a grue.
  40. I don't care what the AG says by 0x0d0a · · Score: 5, Insightful

    As a P2P software developer and distributor, we believe you have the ability and responsibility to better educate consumers about these known risks, and to design your software in a manner that minimizes the risks. We view with grave concern reports that at least some P2P software developers may be adding features deliberately designed to hinder law enforcement in its prosecution of crimes using P2P software. Companies that engage in such conduct, and fail to meet the important responsibilities referenced above, harm the interests of consumers in our States.

    Yes. God forbid we have anonymity or encryption.

    [shrug] Well, as I said earlier, I have no interest in following directives like these. Software can be developed privately and via anonymous access through Freenet if necessary. It'd be a pain in the ass, but I'm

    * Not interested in adding back doors to my work

    * Not interested in stopping work on problems of how to provide secure/nonabusable/anonymous P2P systems (yes, part of that is to benefit users concerned about law enforcement attention).

    If the AG wants to do something to go after people operating in legal gray area, he can go after people with radar detectors (speeding can, y'know, kill people, whereas a pirated song only means that a large company gets a small amount less money), or those committing corporate accounting hanky-panky, or any number of other more damaging actions. Admittedly, there aren't people with deep pockets and old-boy connections to the government trying to finance hunting people down (note: AG can also go after corrupt government officials, IMHO), but theoretically that AG was appointed to be the servant of the people, and as the House is demonstrating, popular support for the RIAA is awfully low.

  41. News at 10 by Odinson · · Score: 5, Insightful
    Wow this is a major scandal! I expect to watch it on the news tonight.

    Oh wait.. it's the same comapanies...

    Well at least I'll hear about on the radio...

    Oh wait those are the same companies too...

    Well at least they will discuss it in the next session of congress...

    Oh right I keep forgeting.....

  42. Normal business practice by NoSuchGuy · · Score: 5, Insightful

    What do you expect, that's normal business practice.

    It's called lobbying.

    Big companies talks to politican and tells him: "We know our business better than you.
    - P2P is bad for the public in gerneral and bad for my business.
    - Terrorist use P2P to coordinate their attacks.
    - P2P is used for distributing kiddie porn, P2P Software comes from shady sources.
    - These are bundeled with spyware and zombie bots to attack other websites.
    - What about $2000 I spend for your reelection champaign?
    - ..."

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  43. same as futher north by glassesmonkey · · Score: 2, Informative

    The same has happened in Ohio (here and here) where a new bill has been signed and is now law (thank you MPAA & Gov. Taft) directly written and influenced by big-cinema. When the public (and media) starting questioning the bill and the stealthy way it was snuck through -- also the nagging fact that a cell-phone that takes video snippets can now make you a felon if you bring it to a movie theatre.. (ok, I am exagerating, the first offense is a misdemeanor; the next one is a felony) The MPAA responded to the effect of "just pass the law like it is written and you can always go back and amend it". And, YES, in Ohio you are now a criminal if you press record on any electronic recording device in any public place that has a movie being played (ie. Walmart or BestBuy).

    MPAA is also trying to sneak one through in Hartford and probably also your own state legislatures. (A similar law took effect Jan. 1 in California. Michigan lawmakers introduced legislation in December, and Wisconsin and Pennsylvania passed equivalent bills in 1999)

    And you truely are a fool if you are one of those who say, well even though *technically* it is the law, they'll never *really* enforce it that way. Forget police state. Just go look at EFF, I'm starting to be worried we'll all soon be living in a corporate state.

  44. Black-mail by meta data is called... by Zarf · · Score: 2, Funny

    Meta-Black-mail. Or Meta-mail.

    Meta data terrorism: Meta-Terrorism. Or Metorism.

    Gotta go Meta.

    --
    [signature]
  45. Legal recourse for users who are prosecuted? by Token+Limey · · Score: 2, Funny

    So does this mean that if I get prosecuted for using KaZaA I can then sue Sharman Networks for failing to warn me of the legal implications of my use of its software?

  46. Re:Finally P2P restrictions from the right place.. by primordial+ooze · · Score: 2, Interesting

    I'm a firm believer that State governments should be manacled by the Constitution as well, and in my perfect world the State would be just as restricted in making laws against speech.

    Um, they are. States cannot make laws which (explicitly) violate the US constitution.

    A recent (and highly controversial) example of this would be the US Supreme Court ruling that the Texas anti-sodomy laws are unconstitutional. The majority decision read in part - "[consenting adults'] right to liberty under (the US Constitution) gives them the full right to engage in their [personal] conduct without intervention of the government...".

    (Btw, Justice O'Connor agreed with and voted with the majority decision, but in a separate opinion indicated that the law should have been overturned because it violated the 14th Amendment which guarantees equal protection for all persons. Another example of the principle of US law trumping state law).

    (Also btw, I am just using the above example because it is a recent and clear example of US Constitutional law trumping state law. I don't wish to get sidelined into a flame/discussion about the validity of decriminalizing homosexual behaviour (at least in this thread)).

    So, getting back to the parent's original point - if the Feds decided that P2P was inherently constitutional, it would make it extremely difficult for states to pass law restricting it. Conversely, were the US gubbamint to place significant restrictions on P2P and those laws held up in the federal courts, then that would pretty much preclude it's use anywhere in the US, given the interstate nature of the 'net.

    Oh yeah - IANACLE.

    - Jeff

    "Long as you're not afraid, nobody can run your life for you. Remember that. Hell is being scared of things. Heaven is refusing to be scared." - Tom Robbins

  47. AG is quilty of copyright infringment himself! by ericspinder · · Score: 4, Funny

    The AG didn't even cite the IP of the hardworking Record Industry Exec. I say he needs to pay for his flagrant copyright violation. Think of the children! What is Stevenson's children supposed to eat, when people are stealing his work wholesale.

    --
    The grass is only greener, if you don't take care of your own lawn.
  48. Re:Finally P2P restrictions from the right place.. by Lord+Kano · · Score: 2, Interesting

    However, if you kept reading your law book, you could have found that the 14th (IIRC) amendment has been established by the courts to extend the restrictions placed on the government in the bill of rights to the states as well.

    Through a process called "Selective Incorporation", meaning that each amendment is applied to the states as soom as a court says so. This is why your local/state can't violate your 1st amendment rights, but it is currently legal for cities like Morton Grove IL to outlaw handguns.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  49. Meb. Not impressed. by LittleGuy · · Score: 4, Funny

    What I want to see is the Attorney General make an official statement while a senior vice president of the MPAA drinks a glass of water....

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  50. MPAA Song by Anonymous Coward · · Score: 2, Funny
    Sing to the tune of YMCA

    Young man, turn that computer off.
    I said, young man, listen up we're the boss.
    I said, young man, you're causing us loss.
    You've got no right to download those films.

    Young man, there's a place we'll send you.
    I said, young man, you're gonna ache when we're through.
    I said, young man, you're gonna get the big screw.
    You're gonna die young in jail.

    It's fun to work for the M.P.A.A.
    It's fun to work for the M.P.A.A.
    You can supress, all the creativity.
    And wipe out those brats for free.

    Business, is the king o' the game.
    I said, business, the money's insane.
    I said, business, no work and all gain.
    Everyone of us will get rich.

    Congress, is gonna listen to us.
    I said, congress, they know we's the boss.
    I said, congress, we don't care what it costs.
    They gonna do all we say.

    It's fun to work for the M.P.A.A.
    It's fun to work for the M.P.A.A.
    You can work there, with your Harvard degree.
    You can change all the laws for free.

    M.P.A.A.
    M.P.A.A.
    M.P.A.A.
    M.P.A.A.

    Copyright RIAA, 2004. Reproduction in any form strictly prohibited and subject to excessive civil and criminal penalties.

  51. Funny, that's what the RIAA's trying to do... by crovira · · Score: 2, Funny

    "Since there's no warning sticker on this spindle of blank CD-ROMs on my desk, I think I'll see how many of them I can shove down my throat."

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  52. We NEED to be thanking M$ for this... by i_want_you_to_throw_ · · Score: 4, Funny

    It has unintentionally made life miserable for some many people who actually deserve it.

  53. Re:Stupid Bush! by squiggleslash · · Score: 2, Interesting
    That's a type of democracy.

    Democracy isn't a system of government, it's a determination of accountability. The US has been a democracy pretty much since the beginning, even when State governments were allowed to pick Senators (because all of the state governments were democratically elected.)

    Even the Bill of Rights, long held to be an example of something that trumps democratic involvement and hence, somehow proof America isn't a democracy, is modifiable should the people choose to modify it.

    --
    You are not alone. This is not normal. None of this is normal.
  54. at least some of the document was correct by Raleel · · Score: 2, Interesting

    Well, i would easily believe that P2P software is used mainly for trading of copyrighted material and pornography. Even done a search for something other than porn or copyrighted material? Probably some people have, but not everyone, probably not even a majority

    Now, I am aware of bittorrenting legally and the like (indeed, I got bittorrent banned at my work because I use it to get redhat isos), so please don't jump on me for actually supporting a point in the article.

    Doesn't make it right that they write up these docs for the AG.

    --
    -- Who is the bigger fool? The fool or the fool who follows him? --
  55. How too can I find dirty corporate laundry? by 0x0d0a · · Score: 3, Informative

    Go to hotbot.com, click on "Advanced Search", check the "MS Word" box under "Page Content". Then search for whatever you're interested in.

    For example, checking this box and then searching for "sco" returns 4600 web pages containing a link to a .doc file relating to SCO. One wonders what facinating goodies might be hidden in metadata in SCO documents...

  56. Re:Democracy in corporations. by I+am+Jack's+username · · Score: 5, Informative
    > This has been tried out, by a south american
    > corporation. Unfortunately, I forget the name
    > of the person that introduced this.
    > -- ravind

    The company is called Semco, it's in Brazil, and the CEO is Ricardo Semler. You can read about it in his excellent book Maverick!. He's written a follow up called The Seven Day Weekend which I'm getting when it's available here in paperback.

    "If democracy and self-rule are the fundamentals, then why should people give up these rights when they enter their work place? In politics we fight like tigers for freedom, for the right to elect our leaders, for freedom of movement, choice of residence, choice of what work to pursue -- control of our lives, in short. And then we wake up in the morning and go to work, and all those rights disappear. We no longer insist on them. And so for most of the day we return to feudalism. That is what capitalism is -- a version of feudalism in which capital replaces land, and business leaders replace kings. But the hierarchy remains." - Kim Stanley Robinson, Blue Mars, 1996

  57. Your comment has been obscured with lead paint by ianscot · · Score: 4, Informative
    You want corporations setting policy? Take a nice long look at the Bush Administration and environmental policy. Steps at the Centers for Disease Control and Prevention's Advisory Committee on Childhood Lead Poisoning Prevention:
    1. Committee is considering lowering the acceptable levels of lead in children's blood.
    2. Bush adminstration revamps the committee, removing three members and adding three new ones who have ties to the paint industry. Example: William Banner, who's been an "expert witness" for Sherwin-Williams in court.
    3. One of the new members suggests making the limit two-and-a-half times as high as it's been since the 1970s.
    4. Committee tables the proposed change to the standards for now. They're being "considered."

    That's in a case where the water isn't nearly as muddy as with the MPAA's shenanigans. There are legitimate reasons for which copyright laws exist, the MPAA is maneuvering behind those.

    I have 10-year-old twins, one of whom once testing a little high for lead levels in my old apartment; gee, I guess there was no danger after all. Is there any cover at all for stacking a CDC board's medical decision with voices from the paint industry?

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  58. US Government: The Best that Money Could Buy by myownkidney · · Score: 3, Insightful
    This is part of the vicious circle that makes rich richer and poor poorer.

    It maybe that Money != Power
    But money can buy you power, awful lot of it. And then it maybe that Power != Money
    But power can earn you an awful lot of money. It is as simple as that.

    It is not only that: the US government is willing to jail a guy for swapping an MP3, and denting the profits of a record company by, say, US$2. But the guy who stole US$7 trillion from his own employees and shareholders goes scott free.

    I don't know how one can even consider US government a democracy, when it is definitely not the wish of the people that is being carried out. Money speaks: loud and clear.

    The saddest part is, there's really no difference between the Democrats and Republicans when it comes to carrying out the wishes of their big corporate bosses.

    And the US is the leader of the free world. And you are not safe even if you are in Australia. Right.... time for me to move to the new planet

  59. mod parent UP by corbettw · · Score: 4, Interesting

    So what if artists don't get paid? Who the hell promised that they WOULD get paid forever? Will people will stop making music just because they can't sell 10 million CD:s? No. Can I get a job as a professional scribe, doing nothing but copying bibles by hand? No. Can I make a living building sextants? No.

    Beautifully stated. I wish my friends in the movie and music industries would all listen when I try to tell them the same thing. But they won't, so they're doomed to follow the buggy whip manufacturers to death and obscurity.

    Besides, artists will always be able to earn a living. Britney and Beyonce may not make millions of dollars a year anymore (actually, those are bad examples, since Pepsi will probably keep paying them both for a while, especially if they do a commercial where they kiss each other, but I digress), but they'll still do better than Joe Sixpack ever will. It's the industry executives, with nothing really to fall back on, who are really and truly screwed.

    --
    God invented whiskey so the Irish would not rule the world.
  60. You know ... by LaCosaNostradamus · · Score: 3, Insightful

    I can't imagine who at Slashdot would have a problem with what happened. It's effectively Open Source Legislating (OSL). The "code" was stamped with the author's name, and was reused with attribution.

    --
    [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  61. Political Action by Anonymous Coward · · Score: 3, Insightful

    Its time to take political action against the MPAA and RIAA including a campaign to try and reduce copyright length back to the originoal 14 years (with 1 manual extention allowed for 28 years maximum).

    With millions of P2P users I am sure a political party (like the Green party maybe) that supports a progressive copyright reform platform can get elected.

  62. There *is* a good fight. by gosand · · Score: 4, Insightful
    On one side, you have the kids that are freely breaking copyright laws left and right because they want to watch a movie or listen to a song but for whatever moronic reason don't feel they should have to compensate anyone for it (to the dolts that will undoubtedly say "but it costs too much, they're just ripping us off.. waahh waahh.. let me suck my thumb like a little baby" - deal with it. It's called making an informed decision. If you don't think it's a value purchase, don't make the purchase. Doesn't mean you can just rip off a copy for yourself without compensating anyone).

    I agree with you. I don't normally download copyrighted materials without permission (as far as I know). I have on occasion. Whooptie-doo, come get me. I do download copyrighted works with permission, from indie artists and such. And I downloaded a bunch of Metallica stuff from their website. I was a sucker and bought their latest CD. The only redeeming quality was the passcode included with it that allowed me to download a bunch of free tracks from their website. What if I put those on a P2P network?

    See, here is the dividing line for me on this whole issue. There are bad guys on both sides, but there are no good guys that I can see on the MPAA/RIAA side. I don't believe their BS about "protecting the artist" for one AMD clock cycle. They are in it to retain their stranglehold on the music industry. At least with P2P, there are some legal uses for it. Placing restrictions on it for the benefit of the corporations is NOT the correct thing to do. People are using it to break the law? Go after them, that is your right. They tried this, but in a half-assed attempt and got a nice PR road rash from it. The laws are there, they don't have to get any new ones passed. Just because they couldn't easily reach out and grab the perps isn't the rest of the world's problem.

    There's no "good fight" here to join...

    I think the fight to join is the fight of freedom. With freedom, you have the choice to break the law or not. Without it, your only choice is to conform or to break the law. Look at the recent goings-on with Howard Stern and other DJs who are getting hammered by the puppets at the FCC. Clear Channel is using a government agency to do its bidding. I heard people at work say "I am glad Stern is getting kicked off the air, I hate him." I could have argued, but instead I educated them. It doesn't matter if you like him or not, he is being thrown off the air because he spoke out against Clear Channel, GWB, and the religious right. It doesn't matter if you like him or not, he should have the right to say what he wants to say (within the established rules, of course). He didn't violate any rules. They pulled some clips of him from 3 years ago, and said it violated their standards! And instead of fining him, they just cut his show from their stations. There was no appeal, no nothing. And what he said was nothing you can't hear elsewhere on TV/Radio. It is a farce, and it is only one of many going on in this country. And before you say "Hey, if you hate this country so much, why don't you leave?", remember this - I love this country, and the reasons this country is so great is BECAUSE of our freedom. Freedom that is systematically being taken away from the people in favor of large corporations.

    --

    My beliefs do not require that you agree with them.

  63. Blanket Taxes by eluusive · · Score: 2, Insightful

    Interestingly, several times I've heard mentioned today flat taxes on media to support artists. ( Rather than replying to one commentor, out of the many, I thought I should start a new thread. ) The biggest arguement to this is that "I shouldn't be charged, I don't listen to music," or "I don't burn music onto CD-Rs."

    This is a silly arguement. Not everybody is on is on welfare, but who pays? There are several good reasons for there being things everyone pays into, and only a few people get benefits from. ( Welfare helps to stimulate the economy, single mothers don't horde their cash. )

    However, I too think that a flat tax for music _IS_ silly. Why should any person declaring themselve an "artist" get welfare. The issue with flat taxes are not so much who pays, but WHO _gets_ paid.

    1. Re:Blanket Taxes by Bassman59 · · Score: 3, Insightful

      PhxBlue pontificates: "No, the silly argument is that everyone should have to pay taxes to support musicians in the first place. As others have said (in slightly different words): if you can't make a living as a musician in the contemporary market--be it through MP3s, CD sales, or tours--you suck."

      Sucking is usually an important part of being a successful musician/artist!

      It's the talented and challenging musicians who get ignored by the Clear Channels and the Music Industry.

      And putting a tour together for an unknown band is really a Catch-22. Venues/promoters won't book bands that no one's ever heard of, and no one will be able to hear your band if you can't get booked.

      And nobody buys CDs by bands they've never heard.

      As for the tax issue, it's of course completely wrong. The tax is really to ensure that The Music Industry's income stream isn't affected by downloading. It's an even money bet that NONE of this tax money will ever filter down to an actual artist.

  64. Remember the Carnivore PDF? by Guru2Newbie · · Score: 2, Interesting
    PDFs aren't immune to inadvertent release of information either.

    Remember what happened when the PDF regarding Carnivore was released with the "sensitive material" (like developer names and such) blacked out? Someone figured out how to easily reveal the names and re-released the document, embarrassing the FBI.

  65. That last sentence is the most important. by danaris · · Score: 5, Insightful

    After all, if I'm going to be punished one way or another, I might as well take advantage.

    This is the exact same reason the murder rates were ridiculously high several hundred years ago in Europe (or at least Britain). There were so many poor people, the theft rate was quite high. The penalty for theft was made death by hanging, and hey, whaddaya know, that's the same as the punishment for murder. So why not kill the guy so you can take more of his stuff with less risk of getting caught?

    If the punishments for minor infractions are made similar to those for greater infractions, people will tend to think less of committing the greater. If we're forced to pay more for using the Internet because of the people piracy, well then, why shouldn't we commit piracy, too? After all, we've already paid for it, haven't we?

    Of course, they'll still sue you. And levy the taxes on a dozen forms of media, and raise CD/DVD/movie prices. Because they don't get that treating customers as criminals is not the way to handle this, and all they see is $$$$.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  66. And this is surprising because? by crovira · · Score: 2, Insightful

    Ninety-nine percent of all laws are passed by the interested parties. The law makers are just reacting to the 'paying' constituency.

    Pick an issue, a 'dead dog' issue, and start up some agit-prop about it, real agit prop no the freebie email campaign kind, and you'll be able to get whatever you want passed without recourse to the law.

    Your problem is that you aren't pre-emptive. You guys wait until the opposition is 'talking to its friends', who aren't its friends at all but merely respond to whoever makes the most noise, and of course they put the screws to you.

    Why wasn't P2P agitating way back since the beginning FOR, instead of trying to row upriver...

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  67. Warning Labels - What a Good Idea!!!! by gradualstudent · · Score: 3, Insightful

    Wow!!! That is quite a plan. Surely it has to work. I think we might be in the midst of one of the greatest cultural awakenings of all time! Why don't we put them on other instrumentalities of crime, such as knives, cars, baseball bats,and guns (i forgot...people kill people, not guns...so label all of the people instead). We can make these warning labeled people register to buy panty-hose and ski masks (wait...some towns have already outlawed those). As we all know, warning lables have rid our society of smoking, drunken driving, and climbing up the wrong side of ladders. We should encourage our lawmakers to keep up the good work. As for the involvement of an organization with deep pockets, I am neither shocked nor surprised. In fact, my faith in the American Way would have been destroyed if business interests weren't somehow involved in the drafting of legislation.

  68. lockyear is a tool by b17bmbr · · Score: 2, Interesting

    this is the same guy who wouldn't stop the SF mayor from issuing gay mariage licenses. whatever you think of gay marriage, an AG is supposed to uphold the law, and let the courst/legislators make changes. he is a favorite for governor. and you wonder why my great state is so fsck'd up.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  69. Not just about MPAA/RIAA? Exactly. by MunchMunch · · Score: 4, Insightful
    "Unfortunately, gropus like the EFF want you to keep thinking about this as no more than a struggle with an Evil Oligopoly, but the same stuff applies to every author protected by copyright."

    It sounds like you're doing exactly what you're accusing the EFF of doing. If you want to engage in substantive dialogue rather than gross generalizations, talk about what you find wrong with their clearly labelled premises and conclusions.

    Personally, I think the concept of a tax is incorrect as well. However, if you've read The Future of Ideas by Lessig, or Digital Copyright by Jessica Litman, you might be more amenable to look at copyright historically, and see that the EFF is actually taking a dangerous route by allowing any compromise in this area (because in the 20th and 21st centuries, the public's side always compromises, while the copyright holder's side always has remained relatively rigid. The result is less and less rights for a public that wishes to participate in culture and not simply consume).

    Copyright is an important law, but it is not a moral black/white law, and it has always functioned best when it is loose. As heretical as it sounds to today's ears (inculcated as we have been with an increasingly propertized concept of copyright over the last few decades), I don't think noncommercial usage should require payment, and I think stepping back from a 'solution' that is the only solution we should allow. Any other fix, via a tax or a 'smart' internet which charges and monitors for copyrighted-work transfer, would be a much more serious loss to all the public, including and especially future artists, than noncommercial personal copying.

  70. what punishment do they deserve? by Ender+Ryan · · Score: 2, Interesting
    Death?

    Haha, why not? They are guilty of treason, tyranny, corruption... Spies get put to death, and these people are far more damaging to our country than most spies. Furthermore, our public officials should be held to much higher standards than citizens.

    No, I don't really think killing them would be just, but given that citizens who betray this country are often sentenced to death, I say, "String em up!"

    Seriously, some fucking heads need to roll for this sort of thing.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  71. Hack the system by AndroidCat · · Score: 2, Funny
    Ahhh, but that would be missing an opportunity to hack the system! Many of the places that insist on Word format resumes simply toss them, unread by humans, into keyword search software. If their software isn't very smart (safe bet), it'll probably search the hidden text too.

    I don't like to include all the damned names and TLAs of every product that I've used in the human readable text of my resume--looks like hell--but why not pile in all the keywords that their poor software is scanning for into hidden text?

    --
    One line blog. I hear that they're called Twitters now.
  72. Re:Patronage System by Stray7Xi · · Score: 4, Funny

    A system like that just means they're not really held responsible for the quality of the upcoming work. If it gets crappy reviews, they already have the money. This would mean moviemakers would work just hard enough to get popular then release movie after movie with lame deritive plots, poor acting (but of course important celebrities), and repetitive explosions... oh wait.

  73. Overly Cynical by arrianus · · Score: 2, Insightful
    I've done government work. In general, government people are lazy. When you apply for grants, you have two choices:
    • Use LaTeX and xv for text and presentations
    • Use Word and Presentations, and give the guy a copy
    After you do the presentation, if the guy likes you, he'll do a presentation to his boss, who will pick out his favorite projects from the first filtering from his underlings. The underling you presented to is usually lazy, so in all likelyhood, this presentation will consist of cut-and-pasting from your Word and Presentations documents. If you give him the documents in .tex/.dvi/etc. formats, unless your grant proposal is absolutely, completely brillian, he'll probably be too lazy to redo your presentation, so he will just not bother presenting you to his boss, and you lose the grant.

    If I were a lazy administrator drone in the attorney general's office, I would have documents on my desk from MPAA, P2P United, EFF, FSF, RIAA, etc., all in .doc format. I would then read all of the documents, discuss with the attorney general what our stance should be, and cut-and-paste sections presenting that stance from all of the documents on my desk. It saves me time, and avoids duplication of work. It's how the government works.

    I don't doubt many politicians are corrupted by the RIAA/MPAA. The fact that they have MPAA-authored text, however, is not direct evidence of this. The best ways to find corruption is to follow the money, as well as to look for unreasonable actions. This may be an unreasonable action, but the fact that the document went through or from the MPAA/RIAA says nothing.

  74. Why should I feed musicians? by blanks · · Score: 3, Insightful

    How can they think a tax is the right way to go about this.

    Your saying even though I dont download music I have to pay a tax to musicians I hate, and would never listen to, we should have to pay a tax?

    Being musicans is their job, if they cant afford to live off their music, they should get a better job.

    If the Music industry cant surive off their current technology, they need to change it, not change the world around them.

  75. Mannheim Steamroller by Jerf · · Score: 4, Informative

    Mannheim Steamroller is a great example of a successful music group that can't live on concerts, IMHO. I love Chip Davis' work and own all the Fresh Aire and Christmas CDs. But I don't like going to their performances.

    I've been to a couple, but the problem is, they sound just like the CD. One, the Ice-Capades-alike, I honestly didn't realize the band was there until the end, when they stood up for applause. I thought they were just playing a CD. Thanks to synthesizors, amplifications, click tracks, and a few other technology bits, the performances are indistinguishable from playing the CD.

    If the CD can stand in that well, I don't know why they perform at all. I'd rather just have the CD, thanks.

    I know they aren't the only group who does this. I know I've also seen a lot of things like Superbowl performance or Emmy performances that are indistinguishable from the CD (and I don't think they were all lipsynching, though maybe I'm wrong). Living on performances isn't a good idea for a lot of groups who make good music, but don't really gain any benefit from giving a "concert".

  76. Re:Not just about MPAA/RIAA? Exactly. by gaijin99 · · Score: 4, Interesting
    The thing about the RIAA is that they are self-evidently not in the business of helping artists. It is quite easy for a musician to sell millions of albums and come out with a profit of around $50K. The actual financial benefit coming to an artist from an RIAA authorized CD is around $.05-$.25. The lions share of the rest of the $16-$20 goes streight to the RIAA with a small bit given to various middlemen.

    It is obvious that artists deserve compensation for their work. Anyone who claims otherwise is a twit. However it is also obvious that the RIAA is not the way to give artists compensation for their work. I agree that it'd be nice to build a perfect replacement for the RIAA then dismantle the RIAA. Unfortunately we don't live in a perfect world, so that isn't going to happen. Whatever we replace the RIAA with will also have problems and unfairness built into it, I guarantee. I think that a "pay the musicians internet tax" is a very bad idea, as are taxes on blank media. The main reason is that a) under the current setup the money goes to the RIAA, not artists, b) it charges everyone not just people who want music, and c) It means that my money goes to support bands I don't like, I want more specific payments.

    The "Tip Jar" model has multiple problems, primary among them is that it relies on the honesty and generosity of Joe/Jane average. I honestly don't know what a good solution will be, I do know that to meet my definition of "good" any solution must include the destruciton of the RIAA. Not because I hate them, but because its self evident that they are leeches who impede the idea of getting money to artists.

    I do know this though: if we can find a way to get even $.50 to a band for every album downloaded they'd be making double what they make now. Hell, I'd pay $.25 per track (around $2.50 per album at an average of ten tracks per album). I think that given the relatively low price people may be more willing to pay than conventional wisdom says they are. How to get and gather those payments I don't know.

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
  77. Easy by Douglas+Simmons · · Score: 2, Interesting


    Just use xtraceroute!

  78. Re:Shadowrun?? by hyphz · · Score: 2, Interesting

    The classic cyberpunk situation of no government at all other than the 'megacorps' doesn't seem to fit too well.

    I actually prefer the model in SLA industries, which is a world in which all of the corporations eventually merged into a single huge one which basically makes everything.

    If it's active in a particular country, it can undercut or buy out ANYTHING that country's industry can produce several times over, so if it's there, everyone works for them, and then buys stuff made by them. SLA actually print their own money for countries it is active in. Of course, you can choose to be paid in local currency instead if you choose, but since you're inevitably going to buy from SLA eventually and you'd incur a fee turning it back to SLAbucks there's no point.

    There are still governments, too. They say stuff sometimes. But basically they know they have the choice of either having SLA in their country or not. If they hack it off, SLA can just leave, leaving the country to build an entire economic infrastructure from scratch with no ability to trade with any SLA-linked nation (SLA won't stop them, but they'll have nothing to offer that SLA can't offer better). So they effectively have control with the illusion of choice.

    That's exactly the same kind of "control" that firms have in the real world, which is why I prefer that model.

  79. Stop downplaying this, dammit! by evilviper · · Score: 4, Interesting

    Everyone is just posting comments like "this is what happens all the time". Well, that may be true, but they can always spin it to appear that they were not influenced (see: Pres. Bush) by contributors.

    This is hard proof that our Attorney General (if you live in CA) is undeniably in-bed with the MPAA. If you look up the political donations, and find the MPAA as a big contributor, then not only could you get him kicked out of office, but he could potentially face criminal charges.

    It's one thing when corruption is subtle. It's quite another when corruption can be proven beyond a reasonable doubt in a court of law.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  80. Warning found on a crowbar: by Amerist · · Score: 5, Funny

    In accordance with U.S. Law we are obligated to warn you that this device can be used in illegal activities such as Breaking & Entering, Public Defacement, and even Murder. We urge you to maintain usage of this tool (crowbar) in only legally sanctioned activities and remain aware of and avoid these illegal activities.

  81. What the? by Slime-dogg · · Score: 4, Insightful

    But we remain concerned about the potential dangers posed to the public by peer-to-peer file-sharing technology.

    p2p is terrorism at it's finest! It causes the death of many people, and is more fatal than second-hand smoke! Fellow members of society are adversely affected by your useage of such applications, because surely the data residing on your machine can cause heart problems for your neighbor, will cripple their offspring, and will ultimately blow up their house.

    "Harmful to the public." What kind of bullshit are they trying to pawn on us? One can argue that the RIAA and MPAA are harmful to the public, by way of the negative influences upon the younger generations of society. One can argue that I could fend off an army of attacking barbozons with a spoon. One can argue that Rush Limbaugh is both detrimental and beneficial at the same time. I don't know how they can argue that p2p applications themselves, though, are harmful to society.

    --
    You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
  82. Required by law by retostamm · · Score: 2, Interesting

    It'd be nice if this kind of disclosure would be required by law. (Who had what kind of input into this Document, a Change History, etc.)

    I don't think it's necessarily bad if this kind of things happens, but it should be transparent.

  83. Coal man, the oil truck. by SmallFurryCreature · · Score: 3, Insightful
    My grandfather used coal to keep his house warm. As a kid we had a big truck drive up to our house deliviring oil to warm our house.

    Nowadays in holland we are all hooked up the gas network. How does the coal man and oil man make his living? Answer they don't. They lost their job because of changes in technology. Same with factory workers. Typists. Farm hands. Miners. Type setters. Etc Etc Etc.

    Artist are a spoiled lot. Everyone else has had to adjust to technology taking their jobs away. Now it is your turn. Exactly were is it written you are guaranteed to make a living selling pieces of plastic at 100 times production cost?

    Maybe you will just have to go back to 100 years ago. Before copyright and the music industry and simply perform live. At least you job is not entirely gone. You will just have to work like all the other performers who work live.

    Did shakespear, beethoven and all the other greats need the MPAA/RIAA?

    So my answer is: YES. Others have lost their jobs because of changes. Answer me in turn: why should you be excempt?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  84. Not what happened. by SmallFurryCreature · · Score: 2, Insightful
    Try it if you got word installed. Take a source document, with all the meta data showing it came from the MPAA, and copy and paste text from it to your own new document. Now closely examine your own new document. See? No MPAA meta data.

    The only way this could have happened if they used the MPAA wordfile to add their own text too.

    So they did not use simply the text. They used the entire MS word file from the MPAA. You only do this if your own additions are going to be minor. At least that is how it works when I write a document.

    Copy and pasting a quote, acceptable. Just adding your name to an MPAA drafter document, unaccaptable.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  85. Overstating a bit... by MoebiusStreet · · Score: 2, Insightful
    They are trying to outlaw a better distribution system
    To be fair, you can only say that it might be better. We need to actually try it in the marketplace to see what happens.
    They are trying to maintain overinflated prices
    If the market is willing to pay what the seller's asking, then that's the price. That's how markets work. If you don't like the pricing, don't buy.
    1. Re:Overstating a bit... by Dashing+Leech · · Score: 3, Interesting
      To be fair, you can only say that it might be better.

      No, it is clearly a better distribution system in terms of efficiency, cost, and convenience. (For example, see Eban Moglen's discussion of the topic.)

      If the market is willing to pay what the seller's asking, then that's the price.

      1. Have you never heard of a monopoly?
      2. If a company (or group of companies) jacks up the price because people will pay it, that is by definition over-inflated.
      3. The price would be a lot cheaper if they fixed the business model and using modern technology. Right now, the recording industry benefits most by overspending. It makes money on both ends: performing recording services, and selling the recordings. Because of their monopoly on the sales, they benefit most by being inefficient in the recording services.

    2. Re:Overstating a bit... by narrowhouse · · Score: 4, Insightful

      I think if you analyze your own questions you will get some of the answers without too much trouble.

      1) The RIAA and MPAA are groups that include all of the major content distributors. Sony is not a monopoly, but the RIAA and MPAA are literally "the many as one" mono=one poly=many.

      2)You are correct that the people involved in a transaction are the final arbiters of what the "correct" price in the transaction is. When enough people are will to defect to an illegal method with an inferior product you might take that as a vote that CD prices are too high.

      3) Again, for the people who haven't opted out of this system CD prices are "correct" for others they are sub-optimal. There are people who will buy a $300,000 car, that does not mean that is the proper price point for all cars.

      Don't misunderstand me, downloading music you have not paid the producers and/or distributors for is against the law (though I have downloaded songs that I DO have on CD because it was easier that ripping it myself- is that wrong?) but the fact that it is so common now indicates that the winds of change are stirring. Breaking the law is not disincentive enough to stop people, there has to be a greater good in not breaking that law. People stop at red lights because they realize there is a social contract between them and the other drivers that benefits everyone. Copyright has hit the pivot point where it benefits too few of the people to be respected. This is the same thing that happened to prohibition, a law that benefits too few or inconveniences too many can't survive long.

      --


      Insert pithy comment here.
  86. Tell the robots what you think. by Ohreally_factor · · Score: 4, Informative

    Write and complaint to the Office of the Robot, er, the Office of the Attorney General of the State of California.

    CA State AG Public Inquiry Unit

    or

    You can contact the Public Inquiry Unit at (916) 322-3360 or, within California, by calling (800) 952-5225.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Tell the robots what you think. by SacredNaCl · · Score: 2, Interesting

      A draft letter purportedly circulated by Bill Lockyer to fellow state attorneys general characterizes P2P software as a "dangerous product" and describes the failure of technology makers to warn consumers of those dangers as a deceptive trade practice.

      By the standard he is using you could just as easily sue Microsoft for "deceptive trade practices" for enabling P2P networks to distribute files in a LAN or WAN. As a P2P software developer and distributor, we believe you have the ability and responsibility to better educate consumers about these known risks, and to design your software in a manner that minimizes the risks. We view with grave concern reports that at least some P2P software developers may be adding features deliberately designed to hinder law enforcement in its prosecution of crimes using P2P software. Companies that engage in such conduct, and fail to meet the important responsibilities referenced above, harm the interests of consumers in our States.

      It is widely recognized that P2P file-sharing software currently is used almost exclusively to disseminate pornography, and to illegally trade copyrighted music, movies, software and video games. File-sharing software also is increasingly becoming a means to disseminate computer worms and viruses.


      By the standard this guy is using, every single copy of Windows 95/98/ME/2000/XP is an unfair trade practice set up with law enforcement evading equipment (IPSEC, VPN..)and Microsoft (and the Linux Samba team for that matter) have failed to adequately warn people of the dangers.

      You could also go after anyone who runs an email server by that standard. I mean, my god man, the SMTP standard doesn't even confirm who you are! Email is dangerous! Tons of people get viruses and worms, they weren't warned when they downloaded the message! Or anyone with an email client that gives access to newsgroups or lets you download files. Or anyone who runs a webserver or an FTP server (the files *could* contain anything!)

      Ahh, I love America...Land of the lawsuit.

      Would he go away if we put a 200 page disclaimer on bootup?

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
  87. New warning on rocks: by skintigh2 · · Score: 2, Insightful

    Warning: it is possible to do illegal stuff with this rock. Doing illegal stuff with this rock is illegal. The Maker of this rock will not be held liable for any illegal activity done with this rock.

    "The document proposes an unprecedented legal theory with regard to peer-to-peer file-sharing services. If P2P software can be used to violate law, the argument goes, its makers should be obligated to incorporate a warning on the product or face liability for deceptive trade practices."

  88. Forbes Magazine has more by serutan · · Score: 2, Insightful

    So far this story doesn't appear to be getting a lot of mainstream press, but Forbes Magazine does cover it in this article. A lobbyist for the MPAA confirms that they had something to do with it, but the MPAA VP denies authorship: "They sought our input. We didn't write the letter." Otherwise there doesn't seem to be much media interest. Not at all surprising.

    I wonder how many of Lockyear's words in this DVD decryption case also came out of the mouth of the MPAA.

    Side observation:
    In the excerpts from the letter, the attorney general uses the term "consumer" 7 times to refer to the general public. He uses the term "citizen" only once, urging the business audience to be "good corporate citizens." Our government increasingly refers to us as "consumers." Apparently they recognize who the actual "citizens" are, whose rights they diligently strive to enforce.

  89. are you a responsible corporate citizen?????? by diablomonic · · Score: 3, Insightful

    does anyone else (maybe just non americans?)find this line in particular a bit scary?
    In the future, we will not hesitate to take whatever actions we deem necessary to ensure that you fulfill your duties as a responsible corporate citizen.
    I'd like to think of myself as a free human being personally, and have feel no responsibility to any corporation, only to me, people I care about, and our dying world.

    --
    watch "the money masters" on google video
  90. Re:Stupid Bush! by ElizabethP · · Score: 2, Insightful

    But the two-party system provides an outlet through which the electorate can voice their opinion on whether upper-class politicians whom corporations have wrapped around their little fingers get into power or well, higher upper class politicians in the pockets of the corporations get into power. Dude, we have like, plenty of choices, yeah?