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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).

125 of 535 comments (clear)

  1. How long will this go on? by MacGoldstein · · Score: 5, Insightful

    I wonder when they'll ever figure out that suing your consumers is not an effective business model?

    1. Re:How long will this go on? by Anonymous Coward · · Score: 2, Interesting

      you are not a consumer if you are offering others files for free.

    2. Re:How long will this go on? by lightspawn · · Score: 5, Funny

      I wonder when they'll ever figure out that suing your consumers is not an effective business model?

      When SCO files for bankruptcy.

    3. Re:How long will this go on? by KrisHolland · · Score: 5, Interesting

      "letting everyone take their product for free is though right?"

      These companies likely would lose very little money to begin with because A) they would have rented it from the library B) they would have bought it used C) they would have borrowed it from a friend.

      People who have time to dick around for hours looking for music online is the type of people who have little money (other wise they would have worked a fraction of that time and bought the music instead).

    4. Re:How long will this go on? by mr_jim83 · · Score: 2, Insightful

      SCO isn't suing its consumers. It's suing companies that use a competing product that they claim infringes on their property.

      The parent shouldn't be modded insightful, just offtopic. I could see modding it funny maybe, but insightful? Not really.

    5. Re:How long will this go on? by loid_void · · Score: 5, Insightful

      No, I think the think the question really should be: How can the recording industry be so stupid as to be represented by an association that by it's very actions drives it's customers away. Oh yea I forgot, the industry choose them. Then they deserve to die the slow death that they have chosen.

      --
      Anyone seen my jagged little pill?
    6. Re:How long will this go on? by lightspawn · · Score: 2, Funny

      Sco is too suing it's customers. Autozone, Daimer Chrysler, who knows who's next.

      The parent was supposed to be funny. The only way to get to the music industry is a massive boycott - as in, get 50% of consumers to stop buying music altogether until this nonsense stops. And since CDs are shiny, that's not likely to happen.

    7. Re:How long will this go on? by dasmegabyte · · Score: 5, Insightful

      When people stop buying CDs from RIAA artists. Which, after close to three years of this nonsense, they haven't. In fact, according to SoundScan, OTC sales are actually up.

      So I'm going to go out on a limb here and say that suing potential customers IS an effective business model, if you get more money from the suit then you would from their potential sales and if other customers want your product so much they're willing to buy from you even as you screw them. And seeing as how they're settling for $3k+ from filesharers who aren't likely to be buying 160+ cds any time soon, it looks like this is going to be just another line item in the budget. $5,000,000 from price fixed cd sales here, $2,000,000 from recouped advances, and another mil or so from suing grandmothers and preteen girls. Very effective; and you don't even have to call a sleazy accountant to do the books.

      --
      Hey freaks: now you're ju
    8. Re:How long will this go on? by sentientbeing · · Score: 3, Funny

      In other news, the RIAA announced they're now succesfully suing a John Doe every week.

      'Im sick of it. I wish they'd pick on somebody else' said an annoyed Mr Doe earlier today.

      --

      ------
      beware he who would deny you access to information, for in his mind he dreams himself your master
    9. Re:How long will this go on? by Ateryx · · Score: 3, Funny

      wonder when they'll ever figure out that suing your consumers is not an effective business model?

      When SCO files for bankruptcy.


      For some odd reason this joke reminded me of the fact Creed is calling it quits. I've been having a rather poor day and you reminded me that hope survives. Thank you.

      --
      "The truth suffers from too much analysis"
    10. Re:How long will this go on? by Anonymous Coward · · Score: 2, Funny

      Not all laws are to be respected. Civil disobedience is an acceptable way to bring about change.

    11. Re:How long will this go on? by shepd · · Score: 3, Interesting

      >SCO isn't suing its consumers. It's suing companies that use a competing product that they claim infringes on their property.

      The moment you quit viewing people using or considering a competing system as customers is the moment your company ceases to expand.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    12. Re:How long will this go on? by grumpygrodyguy · · Score: 5, Insightful

      Oh please.

      Don't act so smug and self-righteous. Congress has been degrading the public's right to access information for far too long. It used to be that you could go to places like the library and rent tapes, casettes, and relatively new novels.

      The 1998 Sonny Bono Copyright Act and other recent IP acts extend the copyright term to something like 100 years. It's appalling, and serves no purpose other than to allow big corporations to buy and sell our cultural history just like so many other commodities. Our parents generation enjoyed the proper balance between protecting innovators and the public. It's clear that our current leaders have no respect for the value of the public domain.

      We're raised on music, movies, and games only to learn that we have to pay a tithe to revisit our childhood. There's no reason we should stand for that. 5-10 years is more than sufficient time to ensure that an investor/artist is compensated. Until congress stops selling out the average american to corporations, there's no reason the average american should respect the acts of congress.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    13. Re:How long will this go on? by SQLz · · Score: 3, Insightful
      When people stop buying CDs from RIAA artists. Which, after close to three years of this nonsense, they haven't. In fact, according to SoundScan, OTC sales are actually up.

      People will never stand up for their rights because a. people are friggin idiots and b. the sales increases are driven by P2P. The RIAA is having their cake and eating it too per say. Not only do they enjoy the benefits of P2P, they sue for damages on top of that.

    14. Re:How long will this go on? by Pieroxy · · Score: 2, Interesting

      You almost sound as if those people that downloaded music on the internet are saints. Well, mind you, they still broke a law. So I'd say that all in all, they deserve some punishment.

      Now the way they do it and the fact that thay suck as a commercial entity is another matter altogether.

    15. Re:How long will this go on? by macdaddy357 · · Score: 4, Insightful
      Not all laws are to be respected. Civil disobedience is an acceptable way to bring about change.

      And ridiculous laws like the 55 mile per hour speed limit are routinely ignored. Also, the more silly laws there are, the more people lose respect for all laws, and start ignoring important ones. Laws against things that aren't wrong need to be changed.

      --
      How ya like dat?
    16. Re:How long will this go on? by dasmegabyte · · Score: 2, Insightful

      Whoa. I didn't say anything about the scum who steal money from artists by indignantly giving away their only product and acting like they're doing them a favor. I was merely dealing with the tactics of the other group of scum. Believe me, there's plenty of hypocrisy to go around in the world of digital music.

      --
      Hey freaks: now you're ju
    17. Re:How long will this go on? by cpt+kangarooski · · Score: 2, Insightful

      Illegally copying the newest Britney Spear's CD isn't justified. Even under the most progressive copyright schemes, that would still be illegal.

      Actual or proposed schemes? I've proposed for a while now that any noncommercial action by natural persons be considered noninfringing, even if it would otherwise have been.

      So your hypo would be perfectly legal. (assuming that you meant something other than 'illegally [doing things is] illegal' which is technically what you've posted, but is kind of circular.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:How long will this go on? by gcaseye6677 · · Score: 2, Insightful

      Could the recent increase in sales have anything to do with the economic recovery? Sure, not everyone has more money now, but I'd say most people are not as worried about being laid off and those that were laid off in 2001 have probably found new employment by now.

      I really don't think too many people are saying to themselves, "Gee, I don't want to get sued for downloading music, better do what I did 3 years ago and pay $20 at the mall for that new Britney Spears album." This business model will thrive for a little bit longer, but when (not if) an alternative comes along, people will abandon the RIAA artists and companies almost overnight. More importantly, aspiring artists will bypass the RIAA labels.

    19. Re:How long will this go on? by dasmegabyte · · Score: 4, Insightful

      It doesn't matter where the increase is coming from...the very fact that there is an increase in RIAA member sales indicates that purchasers in general don't give a wet slap that the RIAA is suing file sharers.

      I don't care myself. I'm not going to deny myself good music just because the artist signed with a major label. Shit, I *like* Velvet Revolver. I don't care that they're popular nor that their CD had (easily defeated) copy protection. I wanted the disc, I bought the disc, I enjoyed it. I wouldn't have enjoyed it any more or any less if it were on Bumblestick Records.

      Incidentally, I have never heard of a single artist who turned down a contract merely because it was with an RIAA label. It's hard to turn down worldwide exposure, active promotion, industry contacts and that nice advance just because they sued some freeloaders.

      --
      Hey freaks: now you're ju
    20. Re:How long will this go on? by MyHair · · Score: 5, Informative

      SCO isn't suing its consumers. It's suing companies that use a competing product that they claim infringes on their property.

      BZZZZZZZZZT. Wrong.

      SCO wants the public to believe that, but it ain't true. SCO hasn't sued anybody for using Linux. They've sued IBM for breaking copyright and/or license contract with respect to their tech contributions to Linux, but IBM is a licensee of Unix; remember SCO "revoking" their AIX license? SCO is is suing Autozone because SCO claims Autozone--a SCO Unix licensee--is using libraries from SCO Unix in their Linux systems and violating the license and contract. They are suing DaimlerChrysler--a SCO licensee--for, uh...I forget.

      But everybody they've sued is a current or former licensee of SCO's, and in at least the Autozone case they say they quit using SCO Unix over 7 years ago and aren't required to submit to the demands of SCO, yet SCO claims they never terminated the contract and must submit a list of processors SCO Unix is running on.

      SCO has not sued anyone who is not their customer. They have not sued anyone for using Linux. They have not sued anyone claiming a Linux user owes them a license fee. They want you to think that, though.

    21. Re:How long will this go on? by Savatte · · Score: 2, Funny

      Creed breaking up: proof that there is a god

    22. Re:How long will this go on? by Bastian · · Score: 2, Insightful

      much more likely is to have even 1% of people work hard at only buying CDs from truly non-RIAA music labels. This could hopefully create a snowball effect that increases both the popularity and economic power of music publishers outside the cartel.

      Once the RIAA has real competition, they won't be able to throw their weight around quite so easily. Heck, they might even be rendered irrelevant, which I'm sure would be a wet dream for everyone but a few dickhead billionaires.

    23. Re:How long will this go on? by IrresponsibleUseOfFr · · Score: 4, Interesting

      Putting a share up on Kazaa is not fair-use. The RIAA is going after the big offenders. It doesn't make sense for them to go after the little guys. If the big-offender happens to be a tenny-bopper so be it.

      There is a legal recourse for copyright holders to pursue against infringers, this is it. I agree with you that that crippling devices is bad. It interferes with fair-use, just like Macrovision interferes with fair-use. But, if we close off prosecution what other path can copyright holders pursue? We need to prop up legal recourses. This needs to be the way the RIAA handles copyright infringers. This gives us leverage to save our devices.

      Copyright law does need to be changed for the public's benefit, but that is a side issue. And civil damages are insane, but that is also a side-issue.

      Look, the RIAA knows that their copyrights are being infringed in honest to goodness definitely not-fair-use ways. I believe them. I have every confidence that they can convice a congressmen. How much infringement actually takes place is up for debate. But, we need to support this legal action. They will not give up because they have money riding on this. And the alternatives are prevention and anti-circumvention. I'd rather deal with copyright in the courts than those other two (which I'm convinced are utterly evil).

      --
      Facts are meaningless. You could use facts to prove anything that's even remotely true! -Homer Simpson
    24. Re:How long will this go on? by TyrranzzX · · Score: 3, Insightful

      "I just wanted the CD, I didn't want to make a political statement", inotherwords. Well whuptefucking do. I didn't hear the black people of America cry about not being able to use the train when they were fighting for their rights.

      As far as freeloaders are conserned, how about you shut your trap on that one. Go out and take a survey; what's music really worth to most people? $20 a CD, or $3? $50 a month for all you can handle? The RIAA is a cartel, and people have gotten used to cartel prices.

      As far as "worldwide exposure, active promotion, industry contacts and that nice advance", what dream world are you living in? They get you to sign a contact giving them right to whatever you make, you then pay for your own studio time to record your songs (which can run $500-$600 or more an hour). You send it to them, they may or may not make a CD, atwhich point if they do you get a few pennies per sale, and the rest of the money you make are at conserts, and even then you get a cut of the ticket sales. Making music is more of a job than a creative work with the RIAA.

    25. Re:How long will this go on? by Siniset · · Score: 2, Insightful
      But who's to say these companies won't do the same thing that the current big record companies are doing now? Just because they're smaller, doesn't mean that they'll still be "good" when they become big.

      I mean, I love indie rock, but you have to be a realist I think and realize that just because they're indie, or small or whatever, that they are automatically good, and won't pull similar stunts if given the chance.

    26. Re:How long will this go on? by zerocool^ · · Score: 3, Interesting

      Incidentally, I have never heard of a single artist who turned down a contract merely because it was with an RIAA label.

      Ever heard of Rancid?

      After the "Ruby Soho" craze, they had people beating down their door, throwing money at them. But, they were unwilling to give up the freedom that being on a small label gave them - they weren't willing to sign their lives away for the money, when what they wanted was to not get screwed.

      ~Will

      --
      sig?
    27. Re:How long will this go on? by ErikZ · · Score: 2, Insightful

      Reeeaaaaly.

      So, use any open source software?

      Do you own it?

      No? Go directly to jail.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    28. Re:How long will this go on? by TCaptain · · Score: 2, Insightful

      Nah, the effect of this is that an RIAA backed record label will buy out the newly popular label and start flooding the airwaves with whatever stuff was selling hoping to cash in.

      Of course, the sheeple will buy it and the original fans will now become sick of the music since they hear it everywhere...or worse, the bands will release a new more commercial album sanitized for the airwaves.

      --
      "I'm not a procrastinator, I'm temporally challenged"
    29. Re:How long will this go on? by fritz1968 · · Score: 2, Informative

      But everybody they've sued is a current or former licensee of SCO's, ....

      Well, all except Novell. I believe that they are sueing (sp?) Novell because Novell now has a competing product with SCO (SUSE Linux). From what I understand, once Novell so SCO the rights to distribute UnixWare, Novell agreed not to distribute a competing product. Once SUSE was purchased, a competing product was being distributed, at least in SCO's eyes.

      The only question I have is this: Isn't Netware a competing product to SCO's Unix product? Technically, I believe it is. When you think about it, it is really kind of funny. SCO could have sued Novell for having a competing product once they purchased UnixWare.

      --
      It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change.
    30. Re:How long will this go on? by Anonymous Coward · · Score: 4, Interesting

      Nah, the effect of this is that an RIAA backed record label will buy out the newly popular label and start flooding the airwaves with whatever stuff was selling hoping to cash in.

      What's an "RIAA backed record label", isn't RIAA just a joint association of record companies etc? I don't think the "back" anything or anyone, they're just trying to protect their members' rights. When their members' product is distributed for free by hundreds of millions of people, I think they'd not be doing their job if they just looked the other way.

      Distributing music on the internet isn't as innocnent as many people would like it to be, either. Any person with any knowledge of economy will tell you that the determining factor of the price of any product is supply and demand. P2P is an almost infinite supply and there is virtually no cost to the file sharers. Record companies, however, have a lot of running costs. So even if they drop their prices to next to no margin, there's no way in hell they could ever compete with P2P.

      BTW. major labels aren't the greedy assholes many people would like to see them be. In fact, AFAIK the Warner/EMI merger didn't happen because they both have so much debt (IIRC EMI is something like $300,000,000 in debt). Basically the shareholders aren't making any money, and the managements get replaced every once in a while, so they don't really get the chance to get rich either. There's only a select few benefitting in the recording industry at the moment, and they are mostly people who write music (or artists who can repeatedly sell out huge venues).

      But hey, who cares, so long as I don't need to pay for my music. It's a political statement, innit? Right? Yeah, right. What the fuck do I know anyway, I'm just a recording engineer who has no clients (anymore).

    31. Re:How long will this go on? by MyHair · · Score: 2, Insightful

      I *think* SCO sued Novell because Novell publicly claimed they didn't sell ownership of Unix to SCO, only distribution rights. That kinda puts a damper on SCO suing their customers, so they're suing Novell to clarify what was sold to SCO. I don't believe the suit mentions Suse or NetWare at all. But in any case SCO pays a large percentage of its Unix revenue to Novell, so they're still suing people they do business with over their business dealings because they don't have a leg to stand on to sue anyone over using Linux. They're hoping to buy a leg through one of these lawsuits, but it's a long shot.

      The only question I have is this: Isn't Netware a competing product to SCO's Unix product? Technically, I believe it is. When you think about it, it is really kind of funny. SCO could have sued Novell for having a competing product once they purchased UnixWare.

      I have a feeling Novell thought of that when they sold the rights to SCO since they had NetWare long before they bought Unix. They probably have plenty of language in the agreement to protect their flagship product.

    32. Re:How long will this go on? by jasonisgodzilla · · Score: 4, Insightful

      If I buy cd's as well as share files, then I'm still a consumer. I may be pirate as well, but the two are not mutually exclusive.

    33. Re:How long will this go on? by gravis_23 · · Score: 2, Funny

      As a Canadian reading this thread, I wonder, is everyone in the US a lawyer? Why so much suing going on?

    34. Re:How long will this go on? by MyHair · · Score: 2, Interesting

      As a Canadian reading this thread, I wonder, is everyone in the US a lawyer? Why so much suing going on?

      Funny, I was having a similar discussion with a Canadian friend just this weekend. In the U.S. there is a prevalent attitude that if anything bad happens to us or is perceived to happen to us (as indiviuals...sometimes as groups) it's somebody else's fault. I suppose suing is better than some of the alternative remedies. We don't all think this way, and hopefully most of us don't think this way, but it is a widely held and noticable attitude and is my theory as to why our courts stay so busy.

    35. Re:How long will this go on? by poofmeisterp · · Score: 2, Interesting

      Generally speaking, when something bad happens to me, I try to figure out the cause and take steps to prevent it again. Example: if someone ran into me and knocked me over, breaking my leg, I wouldn't sue the person that bumped into me. I would go to the hospital, have it looked at, and have it put in a cast or whatever... I would learn from that mistake and watch where I'm going in the future.

      If someone does something bad to me on purpose (something along the lines of a lie, cheat, steal, etc) I don't sue them. I learn what types of people are likely to do that to me again in the future. I strengthen my guard or take whatever steps are necessary to prevent it from happening again. It's a learning process.

      I didn't turn 18 and immediately start walking down the street thinking that everyone owes me something and that I'll sue them if they don't give it to me. I get the impression that's what a large portion of the population thinks. I won't even say large; just a portion. I don't walk down the street thinking that everything that happens to me is some scheme perpetrated by shady invisible evils that need to be discovered and sued.

      Well, this is the USA.... A lot of things are schemes against me (and others) perpetrated by shady invisible evils (read: corporate decision-makers and marketing execs). I just learn from all of the times I've been burned and try not to get burned again. See, I LEARN.

      Mod me down as offtopic, I guess. I had to get it off my chest... fingers.. whatever. :)

    36. Re:How long will this go on? by smoker2 · · Score: 2, Insightful

      Supply and demand. Interesting.
      Bearing in mind that the "music" industry has only been running for around 60 years already, during which it has shifted from recordings of original artists performances, to mass production of copy cat artistes. I'm don't see why the music industry should be protected from natural evolution by the law. So what if they lose money and go broke ?

      There was a thing called the dotcom boom a little while ago, lots of computer techs and businesses went under, but nobody passed a law demanding that we all had to buy their products to keep them afloat. Here in the UK, we used to have miners, and weavers and all sorts of other craftsmen. They are mostly gone now, and people have moved into other areas.

      I respect musicians who get out on the road and entertain people, which is their primary function, not to spend 3 years in a studio on a piece of crap, then expect the world to pay for it for ever. How much is a recording artist worth in real terms anyway ? Certainly not the millions they currently end up with.

      P2P is feeding on the still twitching carcass of a dying industry. The only people interested are the industry itself.

  2. Yay! by mekkab · · Score: 4, Funny

    Lets get those pirates who are stealing Britney Spear's music!

    Maybe we can SUE good taste into them...

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:Yay! by fwitness · · Score: 5, Funny

      I feel like Britney is stealing from me every time I hear her songs on the radio. It's like my soul is just a little smaller.

      Then I see videos of her practicing in sweats. Alright, we're even.

      --
      -- I have fans? Wow.
    2. Re:Yay! by Epistax · · Score: 5, Funny

      And let's not forget why we call it stealing. ..
      We call it stealing because the original owner no longer has it. No wait...
      We call it stealing because.. umm.. they don't get money?
      Oh right we call it stealing because the people who made it need money... no wait..
      Oh I remember, we call it stealing because some CEO someplace needs to buy a yatched. Yeah, that sounds right.

      Disclaimer: This is a joke. Taking this seriously offensively makes you look like an idiot. If you had a girlfriend she'd dump you.

  3. Overall total? by BrickM · · Score: 5, Interesting

    Does anyone know the number of people the RIAA has sued thus far? I'd be interested in a comparision between that number and the number of estimated pirates (the more accurate numbers, and the RIAA's numbers). I'm wondering if all of this litigation is a financially sound strategy for the RIAA.

    1. Re:Overall total? by mOoZik · · Score: 4, Informative

      The total thus far is 3,429. As for the number of pirates, it is in the millions and millions, for sure.

    2. Re:Overall total? by shadow099 · · Score: 3, Informative

      Cool Tech Zone says 3,429 total users..

    3. Re:Overall total? by BrickM · · Score: 5, Insightful

      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?

    4. Re:Overall total? by sysopd · · Score: 4, Insightful
      As for the number of pirates, it is in the millions and millions, for sure.

      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.

    5. Re:Overall total? by HappyCycling · · Score: 2, Funny

      Pirates are such nice people. =)

    6. Re:Overall total? by gcaseye6677 · · Score: 2, Insightful

      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.

  4. Poor John Doe by neon-fx · · Score: 5, Funny

    I feel sorry for this John Doe character, he's always getting picked on.

    1. Re:Poor John Doe by suckmysav · · Score: 3, Funny

      I feel sorry for this John Doe character, he's always getting picked on.

      Yep, him and Bill Posters are constantly being harrassed.

      --
      "You can't fight in here, this is the war room!"
    2. Re:Poor John Doe by krbvroc1 · · Score: 4, Funny

      I feel sorry for this John Doe character, he's always getting picked on.

      I'm pretty sure John Doe is in the morgue. Why all the expense going after him?

    3. Re:Poor John Doe by Bobdoer · · Score: 3, Funny

      They'll probably come after me next, being his brother and all. :/

  5. We always here about initiating the suits..... by wo1verin3 · · Score: 5, Interesting

    .... but unless it's an odd case like a 93 year old grandmother we don't here much about the outcome. While I'm sure some have come to settlement, where are the other thousands of cases? Have ANY of them gone to trial?

    1. Re:We always here about initiating the suits..... by Erwos · · Score: 4, Informative

      The fact that you're not hearing much about the outcomes is primarily linked to the fact that settlements typically include gag clauses to prevent you from coming out and berating the RIAA.

      You can probably infer from the fact that we've not heard much that 99.9% of the cases have been settled privately.

      I'm not usually a guy to whine about spelling, but it's "hear", not "here". If you want people to take you seriously, spelling is important.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:We always here about initiating the suits..... by SoupaFly · · Score: 2, Informative
      ...where are the other thousands of cases? Have ANY of them gone to trial?

      From the Wired link: "None of the cases has gone to trial. Hundreds of defendants have opted to settle with the industry for around $3,000 each."

  6. RIAA faq. by RobertTaylor · · Score: 4, Informative

    "the RIAA started using the 'John Doe' litigation process"

    For those wanting to know more about 'John Doe' processes etc here is the RIAA's FAQ.

    1. Re:RIAA faq. by Anonymous Coward · · Score: 2, Funny

      "When we come across a user who is distributing copyrighted music files, we download copyrighted music files (of our member companies) the user is offering, as well as document the date and time that we downloaded those files."

      Isn't this illegal? Someone over at the RIAA is in a lot of trouble.

  7. Sue Happy by Osgyth · · Score: 4, Insightful

    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.

    1. Re:Sue Happy by loid_void · · Score: 5, Insightful

      Exactly, and just like Prohibition, no one stopped drinking, everyone just got a little more careful.

      --
      Anyone seen my jagged little pill?
    2. Re:Sue Happy by westlake · · Score: 2, Interesting
      Exactly, and just like Prohibition, no one stopped drinking, everyone just got a little more careful.

      The numbers tell a different story. In the decades before World War 1, americans were drinking about 30 gallons of beer per capita, in 1935, two years after Repeal, only 15 gallons per capita. It would take forty-five years for consumption to return to pre-WW1 levels, and then only with a significantly less potent product. U.S. Consumption of Beverage Alcohol.

  8. And the RIAA's site... by Tuxedo+Jack · · Score: 4, Funny

    Hasn't got jack about the new lawsuits. Can anyone get a list of what IPs are being sued?

    And in lesser news, thank god for dynamic IP addresses...

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:And the RIAA's site... by Anonymous Coward · · Score: 3, Informative
      And in lesser news, thank god for dynamic IP addresses...

      you actually think that'd keep you safe? i can't speak for any other ISP, but the Comcast service in my area uses dynamic IP addresses, and ties the MAC address of whatever's connected to the cable modem to your customer name/etc. guess what shows up in DHCP logs?

    2. Re:And the RIAA's site... by SB5 · · Score: 2, Insightful

      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
    3. Re:And the RIAA's site... by warkda+rrior · · Score: 3, Funny

      They are planning to sue a whole lot more people next time, since the RIAA set their eyes on the pirates with IPs in the sets 127.x.x.x and 10.x.x.x.

      --
      You need to install an RTFM interface.
    4. Re:And the RIAA's site... by cens0r · · Score: 2, Informative

      They can see the mac address in your cable modem. Of course, you could buy a new cable modem every few days, but that would be a bit of pain and may not work.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  9. I think they mean "alleged copyright infringement" by Anonymous Coward · · Score: 4, Interesting

    What if you already own the CD? Isn't that just fair use?

    Before anyone jumps on this and says it's stupid - I recently downloaded a whole bunch of songs to which I had the CDs. Why? Because my CD drive and my secondary hard drive (which housed all my MP3s) both recently went tits up. I blame a bad drive cable. Anyway, my gf was leaving town for a month and I was in the process of putting together a 'mix tape' on a portable mp3 player for her. Since she was leaving soon I didn't have time to run out to the store and buy and install a bunch of new equipment - but I could leave my p2p software running overnight.

    Uncommon? Sure. But that alone doesn't make it illegal.

  10. As ALWAYS.....It's been said before..... by Valiss · · Score: 5, Funny

    "We keep losing customers! I don't understand! We sue the fuckers, and they still won't buy our products!"

    --

    -Valiss
    1. Re:As ALWAYS.....It's been said before..... by pr0c · · Score: 2, Funny

      It worked for SCO! Err... wait

  11. John Doe Litigation... by anakin357 · · Score: 2, Interesting
    So basically they file lawsuits with as "RIAA vs J. Doe" and then subpena the information from Verizon and then the ISP is required to release the information or be held liable by the court.

    Just a quick link I found, pretty informative. http://www.mttlr.org/voleight/RederOBrienver5TYPE_ HTML.htm

    --
    http://www.fsckin.com/
    1. Re:John Doe Litigation... by Ubergrendle · · Score: 2, Interesting

      This is where I hope ISPs clue into who THEIR customers are.

      The legal process is *notoriously* slow. Hopefully the ISPs rotate their DHCP logs faster than they can receive/action the supoena...(nudge nudge, wink wink).

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
  12. Re:1595 by BrickM · · Score: 2, Insightful

    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.

  13. Re:Joe Doe process by nelsonal · · Score: 3, Insightful

    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.
  14. Damn I need a subject by SB5 · · Score: 4, Interesting

    3 years ago the economy went to shit...

    3 years ago CD sales went down....

    Think that's a coincidence.

    Also CD sales don't count as much since we got the legal downloading music DRM bullshit now... You have to count those eggs too....

    --
    If what you are reading sounds funny, or sarcastic, lame, or stupid
    it is because it is supposed to be. just laugh
    1. Re:Damn I need a subject by kfg · · Score: 5, Funny

      3 years ago the economy went to shit...

      3 years ago CD sales went down....

      Think that's a coincidence.


      Didn't we tell you that piracy would destroy the economy?

      KFG

  15. More info, please by cove209 · · Score: 5, Insightful

    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?

    1. Re:More info, please by D.A.+Zollinger · · Score: 3, Informative

      You can, of course, read about how the process works from the RIAA website or I can attempt to summarize: They log onto the same p2p networks using the same p2p software that everyone else can freely download from the internet. They look for songs from their signed artists, and if possible those who have large collections. They download several songs, documenting when, and from which IP address. They confirm that those songs are what they claim to be (artist, and title), then file a lawsuit with the IP address instead of the name of the person.

      Once the lawsuit has been filed they can legally demand that the ISP connect the IP address and time of download to a name. Once they have a name and street address, they can send legal notice, and carry out their former scheme (settle for $3000, or be convicted and pay $MILLIONS later!). On their website, they bemoan this path in that they can no longer offer pre-lawsuit notification (less legal fees), so they are implying that with the court mandated extra steps, they have to spend more money to find the identity of the infringing party - which of course gets passed on to the infringing party as a higher settlement cost.

      --
      I haven't lost my mind!
      It is backed up on disk...somewhere...
    2. Re:More info, please by Cecil · · Score: 2, Informative

      Well, since they're somewhat chummy with the artists, they could allow the RIAA the rights to copy the music for that purpose.

      You seem to have the mistaken impression that the artists own the copyrights. In at least 95% of cases, the artist is required to sign over the copyrights to all their music to the record label. The record labels can distribute whatever they want, whenever they want. They can modify it however they want, including adding copy protection wherever and however they want (something that has many musicians whom they have done this to up in arms).

  16. Anonymous P2P by KrisHolland · · Score: 4, Informative

    Anonymous P2P will likely 'solve' these lawsuits, the technology is coming along nicely.

    I think that I2P and Mute need some developers though if you are interested.

    1. Re:Anonymous P2P by SB5 · · Score: 5, Insightful

      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
    2. Re:Anonymous P2P by Anonymous Coward · · Score: 3, Insightful

      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.

    3. Re:Anonymous P2P by Kjella · · Score: 2, Insightful

      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
  17. Uploading is the key issue... by Brandon+Glass · · Score: 5, Insightful

    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.

    1. Re:Uploading is the key issue... by Razor+Blades+are+Not · · Score: 3, Informative

      Quite correct. There is no such thing.

      You *might* be able to make a fair use case at a very long stretch if you didn't keep the music. Essentially what you are doing is emulating a radio broadcast. You are listening to music being "broadcast" to you, which your computer made an automatic buffering copy of to your harddrive so you could listen to it without significant degradation of quality. Of course, if the software didn't delete the buffered copy, you're not really responsible :)

      Whether that would stand at all is yet to be tested. It would certainly have some weight if it really was a function of the sofware to do so from a legal internet radio stream, but P2P doesn't really work that way. Most people know they're keeping the music, and deleting it in under 24 hours isn't going to be a magic escape clause.

      In some peoples eyes this is equivalent to "I stole the money, officer, but I threw it away a day later"

      I can only hope its a matter of time before the electric lightbulb of electronic distribution puts the Gaslamps of the RIAA out of business.

      Instead of legislating protections for gaslamps, they should be buying up electric lightbulb factories.

  18. Judgement in favour of the plaintiff. by digitaltraveller · · Score: 4, Funny

    Judge:

    Bailiff, remand Mr. Doe into custody. Mr. Doe, how do you plead?

    Bailiff:

    Judge, the defendant has failed to appear.

    Judge:

    Issue an arrest warrant in Mr. Doe's name.
    Case dismissed.

    RIAA:

    Doh!

  19. Future RIAA news by Artifakt · · Score: 3, Interesting

    I can't say this isn't stuff that matters, as it matters a great deal to some of us, but it looks like stories like this will be posted every couple of months for the forseeable future.
    That being the case, I'd like to see the post itself contain some distinguishing marks, like a mention of what round in the series this is, or a comment on overall trends. This is the 4th round of these suits, right? (or is it the 5th?)
    I know, people should read the article, and google for basic questions, and all that. However, this subject is becoming almost like SCO. There are just so many repetitious elements that it is extra easy to lose sight of the bigger picture.
    Also, we can't expect the other media to convert data to knowledge. I doubt most press releases on this are going to keep track of whether the numbers per round have increased, decreased, or fluctuated both ways, for example. As another example, would you want to rely on Wired to tell you whether these clusters of suits start comeing closer together? (That's not to criticise Wired in particular, but to say that the press tends to become complacent the umpty-umpth time they are covering what sounds like the same story.).

    --
    Who is John Cabal?
  20. Read Closely by RancidLM · · Score: 4, Funny

    im sure the Fine print on the letters Read
    "ALL YOUR DRUM & BASS ARE BELONG TO US"

  21. Don't call us pirates -- by Anonymous Coward · · Score: 5, Funny

    We prefer copyright challenged.

    1. Re:Don't call us pirates -- by Graemee · · Score: 2, Insightful

      Call me a Carefree Canadian

  22. About time by sumdumass · · Score: 3, Insightful

    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.

  23. googlebomb anyone? by GoNINzo · · Score: 4, Funny
    Anyone want to join a googlebomb of mine? I'm doing bunch of pricks for the RIAA. Anyone want to join me?

    Put this on a webpage: what a <a href="http://www.riaa.com/">bunch of pricks</a>

    --
    Gonzo Granzeau
    "Nothing the god of biomechanics wouldn't let you into heaven for.." -Roy Batty
  24. If ya think about it.... by vonsneerderhooten · · Score: 2

    these lawsuits do nothing more than publicize the fact that you can download music illegally from the internet. It's kinda funny in an ironic way.

    That said, Live, Legal P2P and Live, Legal Bittorrent Downloads.

  25. Re:I think they mean "alleged copyright infringeme by Sancho · · Score: 4, Interesting

    It's highly unlikely that they're suing downloaders anyway. I believe everyone thus far sued have been sharing files. The media just latches on to "downloading music" for some reason--either as scare tactics, pressure from the RIAA to spin it this way, whatever. And really, it makes sense. Unless the RIAA were hosting files and tracking the IP of people who downloaded them (a shady practice to say the least) they've got no way of knowing who's downloading something. All they can really do is scan the P2P network and see who's offering, get the IP, and sue.

    Now it's still alleged if they didn't actually check every file to make sure that it's actually music instead of crap, viruses, etc. But I suspect that unless you re-shared those files that you downloaded, you won't have any need to fear getting sued over your download.

  26. Countermeasures by digitaltraveller · · Score: 4, Interesting
    From the RIAA John Doe FAQ:
    When we come across a user who is distributing copyrighted music files, we download copyrighted music files (of our member companies) the user is offering, as well as document the date and time that we downloaded those files.

    Do any P2P clients keep a log of files up/downloaded? If so, record your own song and give it a clever name like 'Timberlake's Justified'. Stick it up and wait for the RIAA to come along and snag it. Then sue/countersue them.
    Lewis Carroll taught me how to do it:

    "Is it very long?" Alice asked, for she had heard a good deal of poetry that day.
    "It's long," said the Knight, "but it's very, very beautiful. Everybody that hears me sing it--either it brings the tears into their eyes, or else--"
    "Or else what?" said Alice, for the Knight had made a sudden pause.
    "Or else it doesn't, you know. The name of the song is called 'Haddock's Eyes'."
    "Oh, that's the name of the song, is it?" Alice said, trying to feel interested.
    "No, you don't understand," the Knight said, looking a little vexed. "That's what the name is called. The name really is 'The Aged Aged Man'."
    "Then I ought to have said 'That's what the song is called?'" Alice corrected herself.
    "No, you oughtn't: that's quite another thing! The song is called 'Ways and Means': but that's only what it's called, you know!"
    "Well, what is the song, then?" said Alice, who was by this time completely bewildered.
    "I was coming to that," the Knight said. "The song really is 'A-sitting on a Gate': and the tune's my own invention."
    1. Re:Countermeasures by cerberusss · · Score: 2, Insightful

      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?
  27. Remember... by John+Seminal · · Score: 2, Interesting
    All those music corporations are guilty of price fixing. They kept charging $15 dollars a CD even though the cost of the media kept falling. They could not have all done this on their own, they must have illegally acted in concert to keep prices high. Someone should start a class action lawsuit. I knew people back in college with literally 100's of CD's that they paid every last dollar they made for the newest and greatest CD. They got ripped off.

    Second, I believe sharing music is protected under free speech. It is no different than if I have a book and give it to a friend to read. What if I want to make a copy of a CD to give to my wife, so she can listen to it in her car, do I have to buy a second copy of the same CD? It would seem rediculous if the music industry expected us to buy the same product over and over again, at inflated prices.

    I also want to add that I am all for supporting the artists. But the music companies treat the artists with the same heavy handed, one sided manner they treat the rest of us. They force new bands to sign contracts which give the bands next to nothing. Only the top singers can force the record companies to pay a fair wage, and that is only if their original contract is set to expire.

    What should be done is the music industry should charge a fair fee for CD's and pay artists a fair wage. But until they start showing they want to be fair, I say why should we concede anything to them?

    So I ask everyone, what is a fair price for a CD?

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:Remember... by bradleycarpenter · · Score: 2, Insightful

      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.

    2. Re:Remember... by YrWrstNtmr · · Score: 3, Insightful

      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.

  28. Re:Location of those sued? by kunudo · · Score: 2, Interesting

    At least here in Norway, and I suspect many more euro countries, you're permitted to download all you like for personal use. It's when you start sharing you become a "problem"... So downloading Britneys latest album over bittorent is not legal, but over kazaa is. (Why would you want to though?)

  29. The sad thing is by BCW2 · · Score: 2, Interesting

    Every penny they con out of people with this scam goes to Sen. Hatch and his cronies, for more sub-moronic laws.

    --
    Professional Politicians are not the solution, they ARE the problem.
  30. ...I don't understand.. by Ninwa · · Score: 2, Insightful

    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.

  31. Re:List of usernames? by TheCyko1 · · Score: 2, Funny

    I think many of them are probably go by KazaaliteK++

    --
    This message was brought to you by the death of 30 brain cells.
  32. Re:Prohibition by jovian_ · · Score: 2, Insightful

    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.

  33. Re:Why does this continue to be reported? by SoSueMe · · Score: 2, Interesting

    First, they came for the top distributors.
    I wasn't among them so, I didn't speak up.

    Then, they came for the next top infringment violators.
    I wasn't among them so, again, I didn't speak up.

    Next, they came for random P2P users and, since I wasn't among the ones they targeted, I still didn't speak up.

    Then they came for me and there was noone left to speak up.

    --blatently lifted from history, but, you get the point.

  34. my strategy by circletimessquare · · Score: 3, Interesting

    i use kazaa-lite, and what i do is i downoad about 32 songs only, then i turn the program off

    while i'm downloading, some dude might start uploading from my temporary download folder

    this is the point at which the riaa can sue you

    however, i'm protected by the fact that i basically download european trance music for jogging purposes

    only through kazaa am i allowed to sample artists i would never be able to explore in any other forum: cds, too expensive; radio, nonexistent play; legal paid downloads, too constrictive on my selection and the rights they grant me

    and i believe that international issues, even if both nations involved have fierce copyright laws, leads me to feel comfortable and confident: i'm probably downloading from european kazaa users, and uploading to them too... the riaa does not involve itself in international transfer cases: too complicated

    so since i avoid the pop shit, the odds of me getting sued enter the realm of me winning the lottery

    the day i win the lottery is the day i'll begin to worry about the riaa

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  35. Re:This is old news. These people get what they ge by platipusrc · · Score: 4, Informative

    It has nothing to do with contracts, actually. There is no contract entered into when purchasing a CD. What prevents someone from being able to distribute RIAA members' songs is copyright.

    or, IHBT, IHL.

    --
    And the muscular cyborg German dudes dance with sexy French Canadians
  36. Re:Have they ALL settled? by dasmegabyte · · Score: 4, Insightful

    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
  37. Re:This is old news. These people get what they ge by peeping_Thomist · · Score: 2, Interesting

    This is a VERY SIMPLE CONTRACTUAL ISSUE.

    If that were true, then the RIAA could only sue people who had bought the music and were distributing it. But lots of people distribute music they never bought.

    --
    Anything worth doing is worth doing badly -- G.K. Chesterton
  38. RIAA by p0rnking · · Score: 2, Insightful

    Well, let me first say that I'm glad I'm living in Canada where it for the time being, downloading music is legal.

    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 /., 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 ...
    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 ... and everthing doesn't run around the linux business model.

  39. Re:This is old news. These people get what they ge by christowang · · Score: 2, Funny

    I don't buy it, I download it for free so I don't agree the contract. =)

  40. Re:Have they ALL settled? by vaylen · · Score: 2, Interesting

    For one thing, you don't have to spend a dime on your defense if you don't want to. Furthermore, if you have ever sued someone in a civil trial you would know that unless they are very wealthy to start off with, collecting any money from them is next to impossible. The RIAA is shaking the tree and seeing how many suckers fall out (settle out of court).

    --

  41. No, that wont stop them by nurb432 · · Score: 4, Insightful

    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 ----
  42. Re:I bought the recording long ago by Sancho · · Score: 2, Interesting

    You sure are demanding a lot.. Before I rebut you, a question:
    Is owning a license to the content actually a right to the content, or only the content on the medium you purchased? Has this been tested in court? Is there any legislative backing to your
    claim?
    When I bought the record, I bought a lifetime right to the music.
    I'd like to see one shred of legislative evidence that this is the case.

    Now....
    I demand the right to download any and all of the songs that I bought as a kid in the mid 1960's. I demand that the RIAA prove that I didn't buy the recording before sueing me for downloading it. "... pretty, pretty, Peggy Sue...".

    Assuming your statements about content vs medium are accurate, you have this right. In fact, they aren't suing US downloaders. They're suing the UPLOADERs, who do NOT have the right to distribute the music.
    Now your right doesn't amount to a hill of beans if the copyright owners don't provide some way for you to download the music. They don't have an obligation to help you fulfill your assumed right of download. They don't have to offer up every song for download at no charge, assuming that only people with a license to the content will download it. So until they actually sue a downloader for downloading the music, this argument has no bearing on these cases.

    We are innocent until proven guilty.

    In criminal law, sure. Not in a civil matter. So far, all the suits filed have been civil.

    I demand the right to be able to download any song that has been played on the radio long enough to have had the copyright period expire. In this case I mean the copyright period in legal effect when the recording was originally released and purchased by me.

    Then write your congresspersons and bitch about extended copyrights. But again, you should really be wanting the right to distribute such content legally, since that's the crux of the current situation. No one is obligated to provide you with downloadable music, so demanding the right to do so means very little. The RIAA could come out tomorrow and say, "Everyone is free to download any music they wish," but if they don't say "Everyone is free to upload any music they wish," then it's moot, since the only legal distributers would the the members of the RIAA, and you can bet that they're not going to give their product away for free.

    I demand the right to publish on third world websites the names, addresses, and social security numbers of the members of the legal team that is using vague and legally unsubstantiated copyright to extort money from me.

    Why third world? And why can't you do this now? All you have to do is get the information. I bet you could do it if you tried. Have you tried, before insinuating on Slashdot that you don't have the right and/or ability?

    Fuck these people! Let's cut their heads off instead of those of ordinary technicians who just happen to be working in Allah-land and got kidnapped by religious psychopaths.

    Excellent idea! Why have we (the US) been cutting the heads off of those ordinary technicians who just happened to be working in Allah-land and got kidnapped by religious psychopaths?!? All of a sudden, it all makes sense. We (the US) shouldn't be cutting off the heads of those technicians at all! You should be in politics!

  43. Re:Have they ALL settled? by Anonymous Coward · · Score: 2, Interesting

    You misread me, I'm not saying someone SHOULD. I'm asking if someone DID. I'm wondering if all, what, 3,000 cases immediately settled, or if anyone said no, or simply ripped up the papers. I'm wondering what the outcome would be, if the RIAA would pursue it or not. And yes, they'd be a foolish idealist, but my college experience tells me there are plenty of young, foolish idealists who want to "stick it to the man". Or perhaps they don't have any money, so what's the difference between $3,000 and $100,000? Or perhaps they want to milk a very public lawsuit for all it's worth, money be damned. It's not rational adult thinking-- but there are plenty of guys (yeah, mostly guys, and often patterned after Jack Black in High Fidelity) who're looking for a fight.

    I'm not commenting on the ethics of either side-- to be honest, I don't use P2P and I really don't care, so save the accusatory tone, this isn't autobiographical. I just can't believe all 3,000 gave in, and if a few didn't I wonder why we're not hearing about it.

  44. Murderers, too! by MacWiz · · Score: 2, Informative

    Since suing people is too slow (not one of these cases has actually gone to court yet), the RIAA and MPAA are now having people murdered.

    http://news.yahoo.com/news?tmpl=story&u=/ap/2004 06 19/ap_on_re_us/police_shooting_piracy_3

    What a country!

  45. List of IP addresses being sued by Anonymous Coward · · Score: 2, Informative
    This list is not up to date but it's all I could find.

    EFF's database of IP addresses and KaZaA usernames being sued by the RIAA

  46. Re:RIAA hosting files by Sancho · · Score: 2, Insightful

    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.

  47. Link by caffeineHacker · · Score: 2, Interesting

    The link wasn't working(space between 6 and 1), and many people won't read it since it's copy and paste ;)
    RIAA Agents Murder Unarmed Man

  48. Newbie Question over here by ispeters · · Score: 2, Interesting

    Maybe this has been answered before, but nothing in the 3+ modded questions even alludes to it.

    What the hell is the point in filing 482 John Doe lawsuits? Or 3000+ for that matter?

    I mean, ignoring the usual debate over whether or not they should be filing any lawsuits, and just assuming they're in the right, why the hell are they doing it this way? Isn't there precendent to say that the RIAA can't force ISPs to reveal the name of the person behind a given IP address? How do you extract money from a 32-bit number? How do you instill fear in a 32-bit number? Am I missing something?

    Clueless

  49. Why not 'theater-sharing' too? by Mad+Bad+Rabbit · · Score: 3, Insightful

    OK, analogy #2 -- MegaCinemaCorp has you and your friends
    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 /steal/ anything. I wouldn't have paid for a
    ticket anyway, so it's not like you lost a sale..."

    "I was, uhhh, /sampling/ it. Yeah, that's it, I just
    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
  50. Re:Circularity to your argument by IrresponsibleUseOfFr · · Score: 2, Insightful
    It's illegal because it's illegal. Unless it's legal, in which case it IS justified, right? Right?

    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.

    See, the thing is, this isn't about copyrights so much as it is about propping up an out-moded business model and maintaining a stranglehold on the music business. Look at the media landscape. Who is in control? Something like 5 companies?

    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.

    Be careful wishing legal problems on others. You might be the recepient of some karma of the non-/. variety

    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
  51. Harvard Business Review: Downloading Doesn't Hurt by mandalayx · · Score: 4, Informative

    The Harvard Business Review ran an article recently claiming that illegal downloads aren't hurting the music industry's bottom line. In fact is supposes that it may help, from an economic sense. I submitted as an article but alas rejection :)

    Music Downloads: Pirates--or Customers?

    Professor Felix Oberholzer-Gee and co-author Koleman Strumpf floored the disbelieving music industry with their findings that illegal music downloads don't hurt CD sales. Oberholzer discusses what the industry should do next.

  52. Re:213 of the Suits in St Louis, MO by writertype · · Score: 2, Informative
    I'm not sure that's accurate. The AP story reports that:

    "The cases were filed against 213 people in St. Louis, 206 in Washington D.C., 55 in Denver and eight in New Jersey"

    ...which could easily mean: "the cases were filed in a St. Louis district court against 213 people..."

    If the cases were filed against a "John Doe" then there's a halfway decent chance that the defendants don't actually live in St. Louis or even the surrounding area. I'm no expert on geolocating IP addresses, but I don't think it's that precise.

  53. a possible defense by another_twilight · · Score: 2, Interesting

    I may just be tired, but why can't those who are being sued claim that the music they were offering for upload was initially downloaded by them under the assumption that it was available (legally) for free? Why is it presumed that the accused should know that the songs offered for download on their P2P software are being offered illegally?

    I would love to see someone argue that they had no idea who Britney Spears was and assumed they wanted their music to spread widely and so had allowed it to be distributed.

  54. Re:easier to sue BT? by BillyBlaze · · Score: 2, Interesting

    Absolutely. BitTorrent is primarily intended for legal stuff. Yes, you can find illegal stuff, but it's actually even worse than HTTP for that, because not only do you know who's hosting it, you know who else is downloading it. Microsoft's lawyers, for example, know this. When the Windows code leaked a while ago, someone set up a torrent with linux-2.6.2 as a joke ("Kernel source here!"). A few days later, he and people who downloaded from him were C&D'ed. I remember reading a thread about this here, but the best link I could find now is this.

  55. The Market Speaks, the RIAA ignores by Shihar · · Score: 4, Insightful

    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.

  56. American Criminality by Oshkoshjohn · · Score: 2, Insightful

    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!