The RIAA Sues 482 More People
An anonymous reader writes "Today the RIAA said they have sued another group of people, 482 to be exact, for copyright infringement. The RIAA used their 'John Doe' litigation process in this round of law suits, because they do not know the names of the copyright infringers. After appeals court ruled that Verizon does not have to provide names of customers to the RIAA, the RIAA started using the 'John Doe' litigation process." (Similar stories at Wired News and CoolTechZone).
I wonder when they'll ever figure out that suing your consumers is not an effective business model?
Help a college student
I don't know about anyone else, but these "sue to scare" tactics just don't worry me. They have failed to change my computing in anyway. I still download music; in fact, I may download more, just to site them. IMHO I feel they are just alienating more people with each lawsuit.
That's amazing. 1600 sued, out of the millions pirating. Most of those sued settled out of court. It'd be interesting to know what the settlement was, because I doubt the RIAA is getting enough from these "John Doe" pirates to cover their lawyer costs. That makes this even more of a blatant scare tactic than I originally thought. Thanks for the link.
First I'm not a lawyer, this is merely what I've gleaned from other articles on the subject. AFAIK, the RIAA or their agents collects the IP address of people sharing (large?) amounts of music on various (Fasttrack & Limewire?) p2p networks. They then sue "John Doe" (the legal term for anonymous coward) and supena the owner of the IP address at the time of the incident. Once the name and address are in hand the copyright holder or their agent begins a formal lawsuit (and usually tries to settle out of court for an apology, cash (3k-10k), and an agreement not to share music. The threat is the huge penalties if you are convicted of copyright violation for each song you were sharing.
Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
So according to Wired's total (and their settlement estimate), the RIAA is looking at $10,500,000. That's pretty impressive for a bunch of copy-n-paste lawsuits. Any lawyers want to estimate the RIAA's legal costs for this campaign?
I have two questions regarding this: 1- The RIAA is filing "John Doe" lawsuits (they will add the names later after the discovery process or warrants are served or whatever). At this time, they are trying to use the ip addresses to establish the identity of the people they are suing. How come the ip addresses are not posted in the news stories or on the eff page if it is public information and is in the lawsuit? 2- Exactly how is the RIAA obtaining their information? Are they seeding songs with data in the tag so they can then say in court that this song was slightly modified and now has a unique filesize or date in the tag and we alone have put this song out there and let people download it? And if so, can they legally do that? They are not a law enforcement agency, can they say that the laws regarding copyright don't apply to us since we own the copyright? OK, more than 2 questions: 3- Exactly what applications are the people using when they download this stuff? Kaaza? If it is Kaaza, are they then looking int he default shared Kaaza folder for the song they have seeded? I have found NO websites that have this info. Any thoughts?
I wonder why more people don't realize this, the RIAA are actually balancing on the edge of a knife with this one: They want to stop copyright infringement, but they don't want to draw too much attention to the copyright infringement via P2P issue, because they realize that if too many people start paying attention to it, the masses will realize what the law actually says regarding this.
Downloading isn't the key issue, uploading is. Copyright infringement is traditionally defined by unauthorized distribution - so they really only have the right to go after those who are illegally distributing their content. This means the uploaders. Depending on your P2P client, it is possible to prevent uploading, or at least stop uploading by removing the file from the P2P system as soon as it's downloaded - of course, in some cases this will render individual P2P networks unusable if too many people do it, but some, like Emule/Edonkey, have the ability to upload while downloading... so unless they catch the culprits very quickly, removing the files from the shared directory and thus preventing further uploading will take all of a few minutes, and no charges can (theoretically) be pressed.Brandon Glass's personal site.
Nope, not the case. Any smart ISP would dump the logs after a set amount of time. 1 month to 2 weeks. There is no real need to keep them longer... Unless you want to help to prosecute your customers... Which might not sit well with your customer base...
If what you are reading sounds funny, or sarcastic, lame, or stupid
it is because it is supposed to be. just laugh
As much as i hate the idea of RIAA and MPAA sueing fileswappers, at least now they have to show a little merrit in the case before they can automajicaly get the realname and personal information of the accused. I think this is a giant step forward in corecting some flaws in the DMCA that allowed anyone to get personal information about anyone else if they insinuate that they have violated thier copyrights.
To me finding that RIAA has to now get some aproval (form a court) before getting the infromation they are seeking is the true news worthy potion of this article. I think most people havn't really had problems with RIAA and the likes going after people breaking the copyright laws, thier problems was with the way they went about doing it. Some will always have issues with others trying to protect thier investments and there will be some that still don't like the lawsuite/extortion ways RIAA is doing it. As i see it now one down and more to go.
Thier extortion tactics, whiel can be viewed with good intentions leaves alot of problems open to come back and haunt people. Maybe there should be a test to what how they actually gather evidence and how that evidence is displayed.. also it would be nice if all the lawsuites could be lumped into some class action deal were people could share the cost of actually defending themselves from it.
And as for the number of good Artists, hundreds? Seriously, I am willing to bet that most people who have 50GB of mp3s have less than 1GB of music they really even remotely like. You have to sift through piles and piles of pure crap to find the gems.
So any figures I see about the amount of $$ someone has 'stolen' by downloading gigabytes of music I have to reject because they would never buy all that crap and if they had to, they would have given up long ago without finding anything they like. I for one have bought way too much music ever since I started downloading it. If its good I buy it. I have close to 1000 cds and over 100 vinyl.
Think about it, how much of your collection is something you'd buy or already own and how much is refuse you have collected and somehow can't delete? How many people have binders full of software they never use, music they don't like, and movies/tv shows they haven't watched or don't like? I know several.
I don't understand why everyone is annoyed as if the RIAA is doing something incorrect. Maybe it hasn't sunk in to anyone here, but downloading music you havn't purchased IS stealing, no matter what logic you put behind it. "Oh god they're just scared tactics". No shit sherlock, they can't sue millions of people, they have to stop people from stealing SOMEHOW.
The RIAA is being VERY STUPID. The only thing they are going to do is make P2P stronger. Probably stronger than the internet.
It will eventually become very decentralized, very efficient, probably encrypted, use really good hash file verification systems.
And it is going much faster than it probably would have if the RIAA didn't step in....
If what you are reading sounds funny, or sarcastic, lame, or stupid
it is because it is supposed to be. just laugh
The difference is that you do not physically make a copy of the Book. It is yours and you are free to give it away/loan it to friends. If you made a photocopy of the book and gave it away then it would be illegal.
I think a closer example would be the war on drugs -- it won't address the core issue in the least, but at least we'll get seventy years of raids and court cases.
Would you be the one to spend 10, 15 thousand dollars in court and lawyer fees to say "fuck you?" to an RIAA lawsuit claiming you illegally offered to let people copy a work you did not have the copyright for? Especially if you did it? Would you be the guy who, knowing that they have records and evidence that you did IN FACT allow their computer to access and download copyrighted material you hosted, claimed to be innocent? Would you spin some story about a theiving roommate, or a computer virus, or a cell of terrorist hackers? Where's the reasonable doubt needed to assert your innocence in the face of solid evidence proving your guilt?
And would you stand up to them, knowing your guilt, knowing the court's award would be much higher than the $3000 settlement they offered you, just because you were an idealist?
Methinks you'd have to be a very rich, foolish idealist. And if you're a rich, foolish idealist, I'd rather see you devote your energies to promoting a more palatable green party in this country than waste it fighting a copyright infringement lawsuit with that group of assholes at the RIAA. We broke the law, we got caught. Pay the fine, get it over with.
Hey freaks: now you're ju
I don't see why people like either her music or her body. It's all hype. Do a image google search on her. Sure she's above average. Her face is quite cute, but she's not even close to a "10".
I know people have different tastes in music and women, but not that different. Even her body is mostly hype.
The videos look great, because they use camera tricks and lots and lots of editing. Take a look at the photos on Google. The great looking ones are all selected out of hundreds of pictures. Hype.
1. Giving you book to a friend is different, in that you no longer have the book.
2. 'Sharing' is a cutesy word for distributing. You are no different from the music store, except that the artist gets zero compensation from you.
3. The entire Internet is not your friend.
4. Just because the RIAA is wrong doesn't mean we have to be.
Well, let me first say that I'm glad I'm living in Canada where it for the time being, downloading music is legal.
/., there's a large percentage of people who will use excuses such as "well, the RIAA is stealing from the artists" ... well, maybe there are, but ...
... and everthing doesn't run around the linux business model.
But for you unfortunate ones south of the border, the law is the law, and just because you don't agree with it, doesn't make it legal.
I know that here on
1) These artists signed the contracts, without a gun to their head
2) If the RIAA is "stealing" from the artists, how does stealing from the RIAA make it better? You're basically reducing the little amount of money that the artist should have gotten.
And yes, I personally think that the greatest form of advertisement is word of mouth, and what better way to do so than p2p and filesharing? But once again, for the time being, the law is the law
If they lost ALL their customers, they would go straight to congress with some fabricated numbers and force a way back into our pocket books... somehow. Much as they do with taxes on music CDr's..
Perhaps a national 'pirate tax', beacuse you know, EVERYONE is doing it, right? Bah.
---- Booth was a patriot ----
Call me a Carefree Canadian
I think you are right, RIAA right now is the biggest factor in the move towards anonymous P2P. I dont think there would be 1/10th the progress without their actions, LOL.
Actually, those cases weren't thrown out. The reason is that entrapment is defined (at least in that state) as an action that would induce a normally law-abiding citizen to commit a crime. The courts found that normal, law-abiding citizens would not steal a car if it is left unlocked with the keys in the ignition, so the tactic was valid.
All that's really moot anyway, because as you postulate, entrapment is only applicable to law enforcement agencies. The RIAA, being a private organization, isn't subject to the same laws. I think that the only argument you could make is that since the RIAA is offering the files, there is an implied license to download/play them. But since it's fairly unlikely that anyone using P2P networks thinks that the songs are actually being provided by the RIAA (regardless of whether or not they actually are being provided by the RIAA) then it's a safe assumption that this defense wouldn't fly.
If they were less than $10 million for the entire campaign, I would be surprised. Then there's the immesurable loss of goodwill. Furthermore, relying on lawsuits for profits, if the lawsuits ever in fact generate profits, will lull execs into a false sense of security. Rather than innovating and taking online music distribution seriously, they will just do whatever they have to in order to prop up the old system until the very end when they become obsolete. Long term, this is a loser's strategy, no matter how you look at it.
It seems to me that the best solution for everybody would be if the RIAA companies (and whoever else makes records) created their own P2P network and gave free, anonymous access to their entire colective catalogs at reduced resolution, i.e. good enough to hear what something sounds like, but not so good as to make buying the tracks irrelevant.
Something like 24 bit, 12kHz mono. They could even put a filesize limit on the whole system of 1Mb, or whatever.
You could download, listen to and trade whatever you want, but it would sound like AM radio. If you like it, you'll have a reason to buy, and the whole 'I can't hear it anywhere else' argument disappears.
I'd be satisfied.
OK, analogy #2 -- MegaCinemaCorp has you and your friends
/steal/ anything. I wouldn't have paid for a
/sampling/ it. Yeah, that's it, I just
arrested for sneaking into the movies without paying, aka
'theater-sharing'.
"But, but, I was just copying the movie onto my eyeballs.
I didn't
ticket anyway, so it's not like you lost a sale..."
"I was, uhhh,
wanted to see if it was worth it before I paid the
full ticket price."
"Yeah, and I already saw the movie yesterday, so I should
be allowed a couple of 'backup' viewings, in case maybe
I missed any good scenes when I ran to the john."
"And I snuck in for free because you're a big evil greedy
corporation that charge too much for popcorn and exploit
your minimum-wage help! Take that, Capitalist Pigs!"
[ Any other standard pro-theatersharing arguments
I've failed to satirize? ]
>;k
Right and wrong have nothing to do with legal or illegal. You made the equivocation. Any reasonable concept of copyright would cover Britney and her most recent work. If you disagree then you disagree with copyright. I'm not going to argue with you, because I'm just wasting keystrokes.
No, this is all about copyright. Yes, distribution costs have gone down because of the Internet. Media conglomerations are a result of high costs of distribution, look at how much it costs to run a TV/Radio station. Although, I will admit there were also some illegal mergers and cartel behavior. But none of this changes the fact that the RIAA doesn't want their stuff on Kazaa. Copyright gives them the right to prosecute people that do that. This is what they are doing. Nothing says you have to listen to stuff from the RIAA. Make your own music and release it. Computers are making it easier to produce quality recordings and edit them than ever. The Internet gives you limitless distribution models. The RIAA is missing out on this. You understand technology; you can take advantage of it. Just don't take their stuff and act like you own it then pass it out like government cheese. You don't. And you hurt other people that want to do perfectly legal things with their music. If prosecution is shut-off, what alternatives are there? Prevention and anti-circumvention? I like them suing people for actually infringing copyright better than the alternatives.
I'm not wishing legal problems on anyone. But, I support RIAA in this action. Since, I can't think of a better way to do it. How about this: come up with a way that you can stop someone from infringing your copyright? Let's say you are a porn site serving up a bunch of pictures/videos of me deep-throating (as you alluded to earlier), but in general me getting things crammed down my throat. Selling access to your site is how you make your living. Some bastard is handing out copies of your copyrighted work. You don't know who, but you know their IP. It might or might not be affecting the money that you are taking in, but it probably is in a negative way. How do you take care of this problem?
Facts are meaningless. You could use facts to prove anything that's even remotely true! -Homer Simpson
Well I don't know about you, but I have a job and a house that I need to take care of, and my gf needs my *ahem* devoted attention every now and then. There is barely time for friends and family and some good ole' Linux. So of course, I could spend every minute of free time to some stupid lawsuit. Because I find this plain stupid to waste my time on. IMHO, of course.
8 of 13 people found this answer helpful. Did you?
The issue is not free music, it is the method of shopping. For a while I was happily shelling out my monthly fee to e-music. They supported the type of shopping I wanted to do. I want to go, download a bunch of stuff that I could potentially hate and listen to it. Hopefully I will find a few golden eggs. Every month they got my check (credit card actually, but who is counting?). Then they decided to go to a more 'regular' installment where you have to buy x number of songs at x price, completely missing the fucking point as to why people would pick e-music over any other service.
Look, all that I want is to be able to explore new music. I want to do it simply and easily. I don't want to dick around and spend my time searching for it. Nothing under the sun is going to make me buy a horde of CDs hoping that some of them don't suck. Nothing is going to make me go out and research which bands suck and don't suck before I buy them. I honestly don't care enough to waste my time doing this. I'll happily shell out my money for the right to explore someone's database of music. I'll shell it out every single month. Hell, I do it already for movies. I couldn't be happier with NetFlix.com - care free exploration of movies at a flat rate. They get my 20 a month instead of blockbuster now because they realized that I am a different type of shopper. I used to pirate movies all of the time, until I found NetFlix.
Until these idiots listen to the market, it will be NetFlix for movies and my P2P of choice for music. The first company to satisfy my music buying style gets my cash. NetFlix won my movie dollars, now hopefully some idiot will win my music dollars. They can sue their asses off. I break the law all the time; I speed, I smoke the evil herb occasionally, I drank under 21 (when I was still under 21), and I merrily pirate music. It is just another calculated risk. Most people violate the law reguarly knowing a potential risk involved with doing it. The RIAA will never win this game. Only growing the balls to compete in the market is going to win me back.
The RIAA is being VERY STUPID. The only thing they are going to do is make P2P stronger. Probably stronger than the internet.
:)
Damned if you do, damned if you don't. It's kinda like infections and penicilin. If you don't treat it, the infection spreads. But if you do medicate, they develop immunities. But what good is it if you can't use it? RIAA is trying to use the legal system in the same way.
Also, I found your statement a bit surrealistic, since P2P is the Internet. Just like mail, web, im, newsgroups, irc and a host of other things. Just one of my favorite nitpicks
Kjella
Live today, because you never know what tomorrow brings
I have been a Frank Zappa fan for a long time. On the album liner notes for the CD album "Joe's Garage Acts I, II and III"(1995 Zappa Family Trust) Zappa wrote:
"Eventually it was discovered that God did not want us to be all the same. This was bad news for the Government of the World as it seemed contrary to the doctrine of 'Portion Controlled Servings.'
Mankind must be made more uniformly if The Future was going to work.
Various ways were sought to bind us all together, but alas, sameness was unenforceable.
It was about this time that someone came up with the idea of Total Criminalization.
Based on the principle that if we were ALL crooks we could at least be uniform to some degree in the eyes of the law.
Shrewdly our legislators calculated that most people were too lazy to perform a real crime. So new laws were manufactured making it possible for anyone to violate them any time of the day or night, and once we had all broken some kind of law we'd all be in the same big happy club right up there with the President, the most exalted industrialists and the clerical big shots of your favorite religions.
Total Criminalization was the greatest idea of its time and was vastly popular except with those people who didn't want to be crooks or outlaws.
So, of course, they had to be tricked into it...which is one of the reasons why music was eventually made illegal."
It is wonderful that Frank continues to bother evil people from beyond the grave.
Goddamned kids! Get off my lawn!