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P2P Bits
yohaas writes "Two Op-Ed stories today in the NY Times address music sharing. In one Kembrew McLeod says that the lawsuits aren't working and gives some alternate suggestions. In the other Harvard Law professor William Fisher says that the industry is going about the situation in the wrong way, concluding that 'the record industry's response to file sharing--trying to block the technology altogether--would generate the worst of all possible results'. Neither article is comprehensive, but they are good read nonetheless." Reader Brill Pappin points out that Canadians aren't afraid of the music industry. And reader The Importance of Being Earnest writes "The INDUCE Act, which would make it a crime to 'induce' copyright infringement, such as by inventing things like the Betamax, has finally been officially introduced. The bill has been renamed the Inducing Infringement of Copyrights Act [PDF]. In addition to the name change, there has been another slight modication: 'counsel' is no longer part of the proposed statute. Here is a line-by-line refutation of Hatch's introduction [PDF] to the Act. EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod), C|Net (for reviewing the iPod), and Toshiba (for supplying hard drives for iPods). Previous Slashdot coverage here."
great.. more laws BOUGHT to prop up an obsolete business model.
when do we start enforcing the constitution and putting a stop to legalized political bribery?
-lk
To make a pig go forward, tie a string around its leg and pull it backward.
The basic instinct of anyone or anything - pig or human (or as the RIAA seems to consider P2P users pigs) - is to go the opposite of the way you're being directed. Now, I'm not saying the RIAA should encourage P2P, I'm just saying they are definitely going about it the wrong way. I've gotta agree, they're doing it all the wrong way. Perhaps some positive campaigns, not negative ones?
--<Mike>--
Pretty logic Canadians are not afraid....
File sharing is legal here...
http://news.com.com/2100-1027-5182641.html
Overuse of the Pumping Lemma causes blindness
sPh
Because we don't have enough money to get our government to listen to us. Don't worry about us, though, it's only a matter of time before enough people realize that guns are a hell of a lot cheaper than lobbying.
File sharing is legal in Canada and its had no effect on the quality of music and art, just look at all the high quiality IP comming out of the land up north! I even hear that Shatner is back in the recording studio.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
Both assume that somehow the RIAA should play nice with alternative distribution/promotion methods, and somehow that they are trying to do that, just going about it the wrong way.
Frankly, that's foolish.
The RIAA has absolutly nothing to gain by releasing the promotional controls they have over the industry. Why? Because it completly removes all their power. P2P/Webcasting make the threat of the next big thing coming up outside their reach very possible...and possibly very likly.
The fight over P2P and webcasting is not intended to raise money in the short term, it's intended to monopolize the promotional channels to ensure their long-term relevence.
Let's say the EFF's worst nightmare scenario occurs, and legislation eventually gets passed making all sorts of things, from DRM-free hard drives to writing simple Internet clients, to "unprotected" ADCs in every possible consumer device, illegal. Eventually the people are going to realize that we've stumbled into Regulations Hell, and the people will demand a repeal of all of these stupid laws. "Load a program, go to jail" laws will not be popular, and when ordinary people start getting busted for doing utterly benign things, there will be a backlash.
The simple fact of the matter is that the existance of the Internet has made unlimited digital sharing a reality. The genie's out, people love getting free stuff, and nothing short of a police state is going to stop it. The content providers are either going to have to find a business model to take advantage of this, or learn to live with it. It's that simple.
dinner: it's what's for beer
I hope this passes since it could be great at generating income for me or at least be a great investment. First off I can sue Dell since I have a computer from them and it was really easy to get and they gave me no warnings on how easy it was to use a computer to commit fraud. Then I can sue Microsoft for making an operating system that allows for easy copy right infringement. Their "copy" and "paste" methods have cost trillions and trillions of lost sales and IP revenue. Then I am going to sue my ISP for giving me internet access. Finally I am going to sue the government for inventing ARPA Net which evolved into the IP stealing networks we have today. There are pleanty of others on this list but I think this is a good start. All I need is a couple hundred million dollars to start the lawsuits but the return on this inventsment is quite substantial.
this is the most important sig ever! In your face 446154!
Lord knows I don't agree at all with the RIAA/MPAA, and it certainly hasn't stopped me (or probably most other /. readers from "sampling" music "before I buy").
But, their tactics have worked reasonably well, at least as a low-pass filter. I'd say that the lower 80% (in terms of resourcefulness) have significantly reduced or altogether ceased downloading music and videos online. Everyone is afraid at some level of the RIAA, and the effect has been noticeable. Whether or not the RIAA's campaign has been cost-effective is another matter, but that's not to say that it hasn't worked.
This lawsuit is creepy, but extremely plausible. After reading so much Grooklaw recently I felt like I was reading a real lawsuit. Time to write our senators this weekend. Find your senators here:
And the EFF's action item on this, complete with a sample letter, is here.
We should all make a habit of this - I personally don't write these people often enough.
Dear Senator Hatch,
In order to comply with the Inducing Infringement of Copyrights Act of 2004, I am turning in my now illegal devices which can be used to infringe copyrights to you so that they can be properly disposed of.
Sincerely,
[Your name]
Now, round up a bunch of broken VCRs and old 486 PCs (think thrift stores), and send them, along with your letter to:
Senator Orrin Hatch
104 HART SENATE OFFICE BUILDING
WASHINGTON DC 20510
Unknown host pong.
The RIAA is just another group funded by large corporations to pursue their interests, rather than the interests of individuals, and I could care less if they disappeared tomorrow. I know this, though: Sharing songs with no revenue going to the people that created them is financially harmful to the songwriters. Music isn't something that a person can't live without, and listening to radio is free.
Here's something else I know. If labels like RCA didn't spend $250,000 recording a CD (that could be done for easily 1/10 that cost) they'd have less to cry about in the profit news.
Saying Android is a family of phones is akin to saying Linux is a family of PCs.
EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod)
Ummm...that's not too far from reality. The RIAA tried to sue Rio for making MP3 players in the late 90's. I refer you to this wired article.
"There is no spoon." - The Matrix
"Senator Orrin Hatch today introduced a bill that supporters say would prevent software companies from profiting from Internet piracy. But opponents say it would outlaw legitimate technology, possibly even VCRs. Orinn Hatch's campaign received contributions from the bill's industry supporters in his last election."
Sounded like a Headline News blurb until the last sentence huh? Just imagine if news outlets were required to report on Politicians' conflicts of interest when they were mentioned in connection with legislation that would benefit their backers. Just imagine how much effect that little disclaimer would have on the mind of people listening to the story. We could do a better job of controlling campaign influence than McCain-Feingold does without limiting free speech at all. Whores like Hatch and Boxer would be exposed on a regular basis. IANAL though, so what do you guys think?
Assuming that this passes, here is a partial list of technologies that will shortly be outlawed, as they could be used to violate IP laws...
Portable MP3 Players (iPod, Rio, etc)
Tape Decks
Record Players
DVD Players
Camcorders
VCR's
Computers
Cell Phones
Voice Mail
Cameras
Typewriters
Pencils
Pens
Paint Brushes
Chalk
This list subject to change at will without notice.
There is no mod option "-1: Disagree" for a reason. "Overrated" is not an acceptable substitute. Post something instead.
The way I read the text of the INDUCE Act that offending "activity" would have to clearly be intended for infringement and "...including whether the activity relies on infringement for its commercial viability" so this is not describing any software or device that facilitates piracy but rather software or devices that clearly have a purpose of nothing other than piracy *and* the creators of said tool are using it as a revenue source. So I'm not sure how this would apply to cases where a kid writes a crack tool and releases it for free... since there's no revenue, no commercial viability, does this not apply?
No need. Everything can already be used to break copyright if you try hard enough. iPods, VCRs? Pffffft! Tip of the iceberg. Here, let me give you a concrete example of using a device to infringe upon a copyright:
.
.
Three rings for the elven kings under the sky,
Seven for the Dwarf-lords in their halls of stone,
Nine for mortal men doomed to die,
One for the Dark Lord on his dark throne
In the land of Mordor where the Shadows lie.
RUuuuuh roh, Rasro! AMD, ASUS, Addtronics, nVidia and NEC have now all induced me to infringe upon a copyright.
The printing press that made the book I copied it from could itself induce copyright infringment. A pen, a charred stick, both induce copyright infringment. The pen is used for such all the time. A Q-tip can be used as a pen. All artist supplies can infringe both visual art and literary art.
I can take this 10 mm box wrench and use it to scratch "Three rings for the elven kings" in the dirt or on a concrete wall.
The prosecutorial scope of this bill is infinite. It isn't a "loophole" when anything can be used as a copyright infringing device, it's an "Everybody goes to jail free" card.
Here, let me give another example, although I can't do this one directly, so you'll have to imagine the scene:
Here I am, standing in a large empty space, I have no impliments and only have on as much clothing as is necessary to make the image palitable to you, now -- I beging to recite. .
Three rings for the elven kings. .
My parents have just become illegal.
KFG
This bill is so obvious that I wonder what they are trying to hide. ie Send this one up as a ballon to get shot down while they sneak some other laws thru underneath the "noise" generated by this bill.
The goal of this attack on consumers^W^W^W law is to close the very loophole you describe. In the Sony vs. Betamax case, the Supremes ruled that a device was legal so long as it had "substantial non-infringing uses." This law would overrule that decision by saying that anyone who created a technology that "induced" people to copyright infringement should be held responsible for the infringement.
I worry about Senator Hatch. He just doesn't seem to give a rat about whether the laws he proposes are sane, or constitutional.
You want the truthiness? You can't handle the truthiness!
Please note, this isn't just a one sided issue. This bill also has it's cosponors Bill Frist (Senate Majority Leader) and Tom Daschle (Senate Minority Leader). We have to call our Senators NOW to stop this.
Also of interest, might be the comments made by Senator Leahy (D-VT) and Senator Frist (R-TN). I've got the entire senate discussion of the bill available on my web page. You should read it and the EFF's rebuttal before calling your senator.
Take action now and we can kill this before it ruins innovation.
My Slashdot account is old enough to drink...