RIAA To Subpoena Univ. of Michigan Names
uofmtech writes "This morning's Michigan Daily is reporting that the RIAA will be subpoenaing the University of Michigan for the names of nine students suspected of file-sharing. University General Counsel Jack Bernard has said 'We are waiting to receive them ... (t)hese are very difficult subpoenas to refuse.' The RIAA had previously notified the University they were looking into this, but the University has tended to handle such matters internally."
RIAA uses a simple technology called webcrawler to scan IP addresses for copyrighted material, but if a student is not sharing or uploading files, then RIAA cannot view the material on a person's computer.
:-)
I would actually be curious as to 1) how this technology works and 2) what the legalities of it are.
From the wording, one would guess that the algorithm goes through IP addresses of files shared on common p2p networks, and based upon that, do they assume you are automatically sharing copyrighted material and thus are subject to search? Or is the algorithm simply correlating those copyright material uploaded to shared databases with an IP address and then assuming the offending computer contains "ill gotten booty"? Or is that ill booten gotty?
Regarding the legalities, unless there is some agreement that most folks unknowingly consent to, having the RIAA looking through "material" on someone's computer should be illegal whether or not they are engaging in illegal theft of intellectual property......right? I suppose that if the RIAA were looking for narrowly defined "signatures" of IP or copyright protected data, they would have to scan the entire contents of hard drives and without a subpoena, I have to wonder if this is legal at all? I suppose the software bots could simply be looking for material that is left wide open to the Internet which would obviate many of the legal concerns, but why would someone host any significant (especially illegally obtained) collection of software wide open?
Visit Jonesblog and say hello.
I've said it before and I'll say it again... Please don't disable sharing on Kazaa or other networks. It degrades the quality of the network and makes you a leech, and many people will simply refuse to let you download from them because you're not sharing anyway. If enough people refuse to share, the network becomes *useless* because nobody is there from which to download. It kills the point of peer to peer file sharing.
If you're looking to be protected from the RIAA, there are other ways to give you a layer of security. Kazaa Lite K++ (download at OldVersion.com, v2.4.3 is likely the one you want) includes an IP Blocker extension built on the PeerGuardian database of blocked (read: RIAA) IPs, so the RIAA under normal circumstances cannot scan you. Admittedly it's not perfect, but it's better than using the spyware-filled, vulnerable official version.
It's better to vote for what you want and not get it than to vote for what you don't want and get it.
- E. Debs
"We want to be fair and reasonable. The intent here is not to make money, nor is the intent to win a lawsuit," Lamy said.
..... Oh wait. Never mind...
Since when do lawyers file lawsuits they don't intend to win?
Reason why there is hope for the future generation #364:
"I wish my grass was emo so it could cut itself."
How soon until someone writes a virus that makes your machine share files? Once a virus like it gets out, any user can deny culpability. Come on virus writers, do some good!
for i in All these comments; do .
ln -s "$i"
done
I'm afraid you're confusing "wanting free shit" with "essential liberty". Your rhetoric is as inaccurate as it is tiring.
"Ask not what your country can do for you." --John F. Kennedy
RIAA could possibly come to campus to speak about file-sharing
I can only imagine the volume of students who would attend such and informative and exciting speech!
Theory of flight?! I'll teach you the theory of fist!!
I don't think they care about the 8 students, or the fines - it's the University of Michigan they are after. If they can convince large lawsuit-averse institutions like the UM, with networks serving tens of thousands of students, faculty and staff, to outlaw music-sharing, then they will have achieved their end. More bang for the buck - know what I mean?
You are right.
I wonder how many will fight these suits in court? All enrolled students as UM get free access to a law office (Student legal services http://studentlegalservices.dsa.umich.edu/) who have helped me successfully sue two slumlords in Ann Arbor (and got helped resolve a work dispute at my non-U job). I know if I were sued by the RIAA (not that they would have any reason to) I would be totally f*%^ed since I've graduated and cannot afford a major legal battle on my crappy IT wages. But, if I had 4 trained lawyers for free, I might consider fighting for a bit of fun!
I'm really starting to wonder just exactly how long the RIAA intends to keep on their rampage of lawsuits against their own would-be customers. Sure seems to be like these lawsuits haven't really hurt filesharing one bit, aside from scaring away the few people who didn't understand the implications.
If you look at the figure given, a few articles back, that's a significant amount of money that the RIAA is receiving as a result of the settlements-- in the range of a several million, I believe? Is it not so much their goal to boost their CD sales but to make up for it with the settlements from a couple thousand people? Of course, they claim the purpose behind the lawsuits not to be the money, but honestly, what else do they think they are accomplishing?
Since it's obvious P2P is here to stay, maybe this is their way of "adapting". Instead of making money through legitimate business, they've shifted their business model to something of a mobster hierarchy: "pay us not to break your legs"
KappaStone
when I want to do some serious filesharing, I bring a large spindle of CDRs to a LAN party. :P
(note to RIAA: not really. just kidding.)
Congratulations. You've just invented Freenet.
Sorry folks, I hate the RIAA just as much as everyone else here, but this simply needs to be said.
The whole music stealing thing....they're right. Does anyone seriously think they can stand up in a court of law and convince the judge that they deserve to have music for free. It's not like the musicians or the hundreds of people who somehow touch the music (even the janitor who sweeps the recording studio) are out there working for free. Are the studios charging way too much?...yes, a bit. Can you just record it off the radio?...yes, but royalties were already paid.
I'm a 29 year old has been trombone player (played professionally in the Marines for a bit), but I still pay for every piece of music I have on general principal. I know those musicians put in some long hard work to get as good as they are and I don't mind rewarding them...even if it is being laundered and embezzled by the industry. But I haven't even spent $3000 in my whole lifetime on CD's. Everyone who is out there giving away copies of music they likely never even paid for themselves in the first place are risking a $3000 law suit plus legal fees. And for what? I seriously doubt most people doing this even understand the concept of civil disobedience. And I don't think the judge will accept excuses about being a poor college student, or that the CD's are over-priced. If you want cheap music, sign up for one of those streaming services that let you listen to whatever you want for like $6 a month. If you want free music, either stream your favorite radio station off the internet, or get really nostalgic and actually learn how to work the FM tuner on your stereo system.
Again, I'm not saying the RIAA is this innocent victem of abuse. I'm just saying it's stupid to risk a $3000 law suit when you can likely purchase every CD you will listen to for the next year for less than $500 (that's about 50 CD's for the slow in math...practically a new disc every week), or just listen to the radio for free.
</RANT>
I've dirtied my hands writing poetry, for the sake of seduction; that is, for the sake of a useful cause. --Dostoevsky
I've recently discovered the Russian website www.allofmp3.com that allows downloads from $0.01 per meg of mustic and it appears on the surface to be legit. You can even pay for content using paypay so you don't need to worry about the Russian mafia hijacking your account number. (Just your regular paypal problems).
A recent interview with the content manager makes it appear that this site is legal, and it looks like RIAA has nothinng to say about the site. A search on the RIAA web site for allofmp3.com returns zero hits, and doing some searching for the RIAA view of all0fmp3.com also gives no results.
Have other slashdotters had experience with this site? What is your opinion of its legality?
"Asleep at the switch? I wasn't asleep, I was drunk!" -- Homer
Initially, I was rather discouraged by the university's policies on this issue, but anymore I'm somewhat glad that they've blocked a good deal of the file sharing applications. I'm sure there are people who tunnel out of the university network to use file sharing, which is completely understandable.
I hate the concept of 'censoring' or 'restricting' the Internet, but when it's a matter of personal security -- I suppose I'll let it go for now.
huzzah
The University is ignoring FERPA, the Family Educational Rights and Privacy Act... Link It protects idle release of such information. In my position in a school district, they can ask all they want...but records of who was doing what on which computer are protected by that statute. I would be waiting for a court order, and not just a "give us the goods!" letter.
I am confused, how is this Unbalanced?! How are you Insightful?!
(bold is submitter and italics for the article)
the RIAA will be
the record industry will soon
subpoenaing the University of Michigan
subpoena the University
for the names of nine students
for the names of students
suspected of
allegedly
file-sharing.
sharing music illegally.
I really wish that instead of wasting effort trying to get around the RIAA and legalize the sharing of music copyrighted by RIAA artists, people would change their focus and just abandon the music industry! Then, put the effort and energy into reinventing a new way to create, distribute, and listen to music! One that gives that gives the artists what is due to them for their creativity and provides for the promotion and distribution needs as well.
I mean seriously, how many of the top 40 artists actually put out creative music that isn't just a rehash of the last material that made the record company millions? Very few! (If you answered spears, timberlake, or others of their breed, leave now!) :)
How much do you really care about the music you listen to? Do you search for music you really enjoy? Quality music? original music? Bands that pour themselves into their projects? Or do you just buy the next thing the record companies and MTV shoves in your face?
I really hate the fact that the industry is controlled by the pre-teens who could care less about wether the music they listen to is any good. The drones that buy the next spears look-a-like or the latest Creed cover band.
Ok, enough ranting. :) Unfortunately, I have no idea *how* the industry should be rewritten. But, IMHO, we should completely abandon the current industry and start something new from scratch. A system that would work, that would be fair, and that would not be controlled by the corps.
Here's my question: What about the DMCA? Doesn't it make reverse engineering a patented process illegal?
The RIAA's "webcrawler" is presumably looking for people hosting material via kazaa, but here's the problem with that--FastTrack, kazaa's protocol is patented. In order for them to see the songs that somebody is hosting, wouldn't they have to reverse-engineer the protocol to make it? IANAL, but isn't this illegal, especially since the RIAA is arguably making a profit from said program?
Maybe it's just me, but it seems like patents and intellictual property is only important or enforced when it profits the big companies best. When people distribute a couple songs, it's theft or "piracy." When the RIAA steals intellectual property, it's justice.
-Grym
This post IS WHAT THE RIAA is trying to convince you of. Heck, this trombone playing marine probably is a subcontractor of RIAA.
Why sue 15 yr olds & grandmothers & college kids?? ? Why keep going to court with supoenas in the 1000s??? They are hoping you think like this self-titled ranter. They are hoping you think, well $3000 just isn't worth it, I'll go to the store & give those bastards who charged me $22 for a CD for two decades even more money.
They all missed the paradigm shift. Digital content & easily available media is a disruptive technology. The shift has already happened and it already is the future of music, tv, movies. You can't sue people into going back to the old ways anymore than getting people to not use walkmans or personal computers or to google instead of using a phonebook.
Cassette tapes & VCRs came along and threatened everything once before. But, YES you were *eventually* (yes, even legally) allowed to RECORD the radio or RECORD the tv broadcast.. Oh, and replay it. And you could do it at your convenience and even fast forward through commercials. Digital just became too good at quality and portability and along with the internet, too easily reproduceable.
Imagine someone listening to an iPod-like device to some streaming digital broadcast who hears a new song they like & presses 'save'... later that same day, they beam the song to their friend to listen to. How is this such a threat? Compare this to your walkmans. This is exactly what took place in the 70s & 80s and they made millions & millions & millions.
Never forget that RIAA & MPAA & Clear Channel & studios are producing crap and have been for at least a decade. Music is really bad now. Go listen to how good indie music is. Go look at the fact that American Idol produces the new top of the billboards. This is why they are seeing massive losses in revenue. The only solution whether you p2p or not, is to NOT buy RIAA products or spend money at Clear Channel venues or listen to their stations.
You do read NYTimes online? Why shouldn't you be able to surf over to your favorite band's website and pay them $1 to download their new single? Ask yourself why you haven't downloaded an ISO's for a music CD? Ask yourself why video game makers have not supoena'ed anyone yet?
Sounds like a desperate attempt to attack another entity that hasn't been granted a judgment on their demands for peoples names at a drop of a hat.
Sort of like a child, when mom says no, go ask dad.
These people need to go away. they are only shooting themselves in their own foot.
---- Booth was a patriot ----
First let me state that I completely reject the idea that giant media corporations own music. They don't make it, they don't compensate the people who do make it, and culture is not something that owned by a corporation anyway.
I will conceed their 'right' to an exclusive sales agreement on pre-pressed media for the recordings of 'artists' that sign contracts with their corporation, but only for a period of ten years. Downloads remain no one's 'property'. After the traditional period of seventeen years, the recording becomes public domain for anyone's use and reuse, commercial or private.
But I don't the ability to legally enforce my position.
I suggest that people prepare themselves for the hard and painfull process of removing their cultural consciousness from the global media corporation product. It's painfull because they infect every part of our cultural consciousness from the time that we are born.
I suggest studying music and filmmaking. And then getting inexpensive equipment such as musical instruments and camcorders and making your own personal audio-visual product. The instruments could be MIDI music synthesizers which desperately need new and exciting ways to create sounds and music through creative programming. The whole MIDI scene is stuck in a deep rut. There hasn't been a new programming idea in this field in ten years. The synthesizers cost one tenth of what they did ten years ago and it is possible to get powerful equipment for less than $100US.
The more that you get away from global media corporate product, the more that you begin to find topics like literary crititism, plotting, and writing revelant and important. Study in these subjects is completely wasted on people saturated in global media corporate product and should be dropped from school requirements. No more need for Cliff Notes and Anthology of English Lit books (at $150 a pop). Stupid and worthless.
Please do not concern yourself about the ethical and moral issues of copywrite legalities. There are none. The global media corporations STOLE the public domain by bribing the American legislators to pass laws extending copywrite to infinity minus a day.
No civilized person has any need to respect these copywrite laws. And you should pay attention to them only to the extent that you keep yourself from being imprisoned by them.
Anything that you do to undermine or superceed the copywrite laws is morally and ethically valid. Remember, these people stole the public domain. They have no right to call ANYONE thieves, nor do they have a right to claim any cultural content as their property.
Thank you,
Simonetta
I think if there was an RIAA apology letter out there someone would probably publish it. From what I understand, in this type of situation they just drop the lawsuit - I doubt that there is any apology involved. Can anyone else comment on this?
On a side note, this is the same thing that Blizzard/Vivendi did to Bnetd - after they fucked everyone, then they just drop the lawsuit. No apology, plaintiffs still have to pay for lawyers up to that point. It's called the "Chilling Effect". The fact that they dropped the lawsuit is irrelevant, because the damage was already done.
Because the University of Michigan typically uses year long DHCP leases that are associated to your MAC address. This happens when you register your computer to get ethernet access in the residence halls, after you sign the IT environment usage policy document, which by the way states that although they don't have a technical barrier to any network protocol, you are not allowed to do anything that breaks the law while on their network.
G uide/Registration/Conditions.of.Use.php
From: http://rescomp.umich.edu/Residential.Ethernet/Net
I understand that the security of my computer system is my responsibility, and that I am responsible for all activity originating from my computer system, including but not limited to: a) traffic generated by viruses; b) the sharing of music or other media files; and c) other users who have gained access to my computer.