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RIAA Sends Letter to Senate Supporting INDUCE Act

The Importance of writes "Slashdot has discussed the INDUCE Act before (and here and here). The act would make 'intentionally inducing' infringement a crime, but defines inducing so broadly that all sorts of technology is threatened. A little over a week ago, tech companies and civil rights groups sent a letter to some senators asking for hearings on the bill. A couple of days ago, the RIAA responded with their own letter sent to all 100 senators. There is also an abridged and annotated version of the RIAA letter. LawMeme has put together an index to INDUCE Act analysis."

21 of 511 comments (clear)

  1. A rearguard strategy. by Pig+Hogger · · Score: 4, Insightful
    Sharing music via MP3s is no different than sharing music via minicassettes, which records companies have not opposed.

    Both are lossy formats, so they are a lesser-quality than the original.

    1. Re:A rearguard strategy. by Pieroxy · · Score: 4, Insightful

      There is a huge difference. 10 people sharing a cassette can - at best - hit 10 other people at once. Whereas one guy putting MP3s on BitTorrent can flood the entire world in hours.

      The magnitude is quite different here, you must admit.

  2. Americans can send a message by d_jedi · · Score: 5, Insightful

    In their upcoming election:
    Support those candidates who aren't in bed with the RIAA (are there such people?)

    By continuing to vote for the same people who take bribes from the RIAA, you're supporting the DMCA, the INDUCE act, and any/all of the other lamebrain pieces of legislation the RIAA wants to push through.

    Anyone who votes for those who support these poor pieces of legislation deserve what they get.

    --
    I am the maverick of Slashdot
    1. Re:Americans can send a message by kcbrown · · Score: 5, Insightful
      Support those candidates who aren't in bed with the RIAA (are there such people?)

      You basically refute your own statement with your question. :-)

      There are people who aren't in bed with the RIAA, etc., but they are essentially "unelectable".

      That's because to be electable means that you have to get media exposure, and favorable media exposure at that, since nobody votes for someone they haven't heard of. And guess who happens to own the media? Why, the very same corporations that are also members of the RIAA and/or MPAA!

      This is essentially why our government no longer listens to its people, only its corporations.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  3. Sure by arieswind · · Score: 5, Insightful

    And while we're at it, why dont we ban cd-r and dvd-r drives, since they can be used to copy cds and movies, and audio cassettes, since they can be used to copy music as well. One could even go as far as suggesting that all computers and the internet be banned, since they are obvious outputs for warez and piracy.

    1. Re:Sure by jeffasselin · · Score: 5, Insightful

      I'll forget about moderating this discussion to answer your post:

      They don't want to forbid the internet or computers. What they want to make illegal is "all-purpose" computers under the control of their owners. They want Consumer Electronics-like devices that do ONLY what they want us to do with it, make illegal any tampering of the devices in question, and control the internet at its key points (the ISPs and content providers) to transform it from a world of ends and user-provided information to a corporate-regulated consumer marketplace.

      They want to control our habits, our views and our needs, so that we provide them with more and more power and money. They don't give a shit about liberty, or about the people, they care only about themselves and their need to regulate our lives, to change us into drones that will do nothing but buy what they want us to buy. They want us to have 2 cars per family, buy one CD per week (of whatever artist they think we should be liking), and one toaster a year.

      They want to de-humanize us, by controlling any new technology solely for their own benefit, and prevent the emergence of any new ideas that could threaten their power and control over our civilisation.

      I'm not talking only about the ??AA here, but about most corporations, it's just that the ??AA are more vocal and public about it than most, possibly because they happen to be the most publicly threatened these days. Other industries do the same and have done it in the past: think about how long it's taking for hydrogen cars to materialize, or for hybrid or electric cars to get on the market at a reasonable cars. We have the engineering capacity to do all those things, but since it threatens a lot of industries it's not happening very fast.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  4. Re:Freedom of music and my responses to their lett by Stripe7 · · Score: 5, Insightful

    It is getting near election time. Time to remind these senators who actually votes them into office and keeps them there.

  5. Good timing by NanoGator · · Score: 4, Insightful

    Hot off the heels of iTune's 100 millionth (legit) download and the movie industry's lucrative success, they need to really crack down on piracy!

    --
    "Derp de derp."
  6. Record Companies are like Union Bosses by Nom+du+Keyboard · · Score: 4, Insightful
    Record companies are like Union Bosses.

    1: They might once have been necessary, as when the cost of production, distribution, and promotion was a high barrier of entry to independents.

    2: That case no longer exists in anything like its original form.

    3: They continue to live well off the efforts of others, not due to any contribution of their own that actually adds to the work being done, but rather through their ability to continue to convince the workers that they remain somehow essential to that worker's survivial.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  7. There oughta be a law... by Lonath · · Score: 4, Insightful

    making it illegal to INDUCE Congress into using IP and "doing it for the children" as reasons to hinder the progress of Science and Useful Arts by restricting what computers can do.

    They will cripple computers because computers are machines that can send, receive, copy, modify, and display huge amounts of arbitrary data. That's really all that computers do. Copyright law allows authors the exclusive right to copy, distribute, make derivative works of, and display or publicly perform the work. Funny, since these restrictions are exactly the things that computers do.

    So, computers are copyright breakers. Therefore, the way to preserve copyright is to cripple computers or make them illegal. But that would hinder the progress of science, since computers are NEEDED to advance science these days.

    So who will win? I dunno. I would like to think the Constitution will win, but I dunno. My request here is that you minimize the amount of money you give to the copyright industry because they realize that they need to make computers illegal to stay in business. They will just do it in 1000 little baby steps like this law where they make more and more computer uses illegal until you can't do much of anything with these machines without the permission of giant corporations. Then they will decide to just make the machines themselves illegal, and we can all sit around the house watching our perfectly legal Content Appliances wondering how the heck the rest of the world has left us behind.

    PICK ONLY ONE:
    COPYRIGHT
    COMPUTERS


    Oh, and please don't download illegally using Kazaa or whatever. :) You're not helping.

  8. One question... by Anonymous Coward · · Score: 4, Insightful

    could this bill also apply to libraries, which also are in the business of distributing music for free?

  9. Let's just get this... by Morphine007 · · Score: 5, Insightful

    ...out of the way right away. Before anyone starts bitching and complaining about the whole "copying music/software is stealing" and then the enlightened come back with "no it's copyright infringement" and then we get into the whole car analogy.... etc.... I'll start off with the "NEW AND IMPROVED CAR ANALOGY"(TM) ... as far as I can tell it's the closest damned thing to a valid analogy as I can get to (and still maintain the simplistic view that talking about cars empowers one to employ):

    Suppose you somehow manage to build a true-blue 3D copying machine. You feed the damned thing with various scrap materials that you own/paid for and take it to your favorite car manufacturer and use it to scan a car.... note that this scan does not in ANY way have any effects (adverse or otherwise) on said car. A short time later, however, you are the proud owner of (insert car name here) ... now, and idiot can see that you have NOT stolen a good-god-damned-thing... so besides breaking and entering (maybe... if you needed to do so in order to scan the car) what crime have you committed? Automobile manufacturers are just lucky that no such technology exists, otherwise their business models would be in just as much jeopardy.

  10. Re:Time to wake up? by KevinKnSC · · Score: 4, Insightful

    You'd $like $the $RIAA $a $lot, $too, $if $you $saw $them $the $same $way $politicians $do.

  11. The Real Question... by Nom+du+Keyboard · · Score: 5, Insightful
    The real question is why do musicians make music?

    Do they do it to:

    1: To enrich big companies that hold their contracts?
    2: To enrich themselves?
    3: To enrich their descendents for n generations through perpetual copyrights?
    3: Because it's more fun than anything else they can think of to do?
    4: Because the music is in them and this is what they do, and they'd perform for free on the street corners if there was no other way to express themselves?
    5: Some combination of the above?

    Your answer to this will determine if the failure of the big record companies will destroy the creative future of music for us all.

    Observation: There are a lot of fiction authors who publish their work for free on the Internet because they can't sell it otherwise. The lack of a big publishing contract has not stopped these people from creating and sharing their works with the rest of us!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  12. Language by ZeroGee · · Score: 5, Insightful

    Sadly, you make some very good points, but they get lost in the noise. Maintaining a professional demeanor is very important to being heard and understood. I assume since you are posting these thoughts here, you want others to listen to them. I respect the opinions you present, but using foul language and vicious comments only undermine the (otherwise very high) effectiveness of your message.

  13. Re:Freedom of music and my responses to their lett by gradius3 · · Score: 5, Insightful
    They are havens for pornographers that project their filth into your homes when your kids innocently seek to find their favorite artists.


    Because we all know that gansta rapper songs about cop killing and drugs are wholesome familiy entertainment...

  14. If you don't vote Libertarian, you ASKED FOR THIS by Bob_Robertson · · Score: 5, Insightful

    Just look at the selection of senators and congress crawlers looking seriously at this filth. It's quite bi-partisan.

    The Senator from Disney is a Democrat, Senator Hatch is Republican. There isn't any difference between the two. None. Zip. That's why they can trade members like baseball players and the same policies continue to be enacted.

    That's because R's and D's have NO PRINCIPLES, they react to focus groups and think tanks with what they think will get them re-elected this time.

    Read the Libertarian platform on this, and ask yourself what you're actually voting for when you cast your ballot.

    ==

    http://www.lp.org/lp-blue-ribbon.html

    "We defend the rights of individuals to unrestricted freedom of speech, freedom of the press and the right of individuals to dissent from government itself. ...

    We oppose any abridgment of the freedom of speech through government censorship, regulation or control of communications media, including, but not limited to, laws concerning:

    Obscenity, including "pornography", as we hold this to be an abridgment of liberty of expression despite claims that it instigates rape or assault, or demeans and slanders women; ...

    Electronic bulletin boards, communications networks, and other interactive electronic media as we hold them to be the functional equivalent of speaking halls and printing presses in the age of electronic communications, and as such deserving of full freedom;

    Electronic newspapers, electronic "Yellow Pages", and other new information media, as these deserve full freedom. ... "

    ==

    http://www.lp.org/issues/internet.html

    Politicians are trying to take away your right to read what you want, and to say what you want.

    The Internet is making it possible for new voices to be heard -- the voices of people who simply could not afford to publish their ideas or display their artistic talents to a wide audience using older technologies. Established interests of both the left and the right fear new voices, and are trying to control what appears on the Internet through new laws and regulations.

    America's Founders couldn't foresee the Internet, but they knew that government control of information was not only a violation of personal liberty -- it was a threat to their hopes for a nation based on the principles of self-government. So they gave us the First Amendment.

    ==

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  15. Re:Always a good time to mention the EFF by finkployd · · Score: 4, Insightful

    Puh-leeeze. Left wing all the way!

    So protesting and concern over constitutional rights are the sole domain of the left? Right wingers never protest or are concerned over constitutional rights? Plenty of gun owning, anti-abortionists would disagree I'm sure.

    As for the arguments presented - the RIAA claims their business is being wrecked by this. That's all that matters.

    So following your logic. The only thing that REALLY matters is that the tech industry claims their business will be wrecked by this law, and they are larger. So sorry but they matter more.

    The only counter-argument that would have any traction would be that the RIAA is lying, and no one is advancing that pov because no one has the credibility to do so.

    Actually the RIAA's numbers are anything but reliable. They have profited in a period of economic slump at an unheard of rate, yet spew out illogical estimations of losses. Given the number of times their claims have been effectively discredited I'm surprised it is even necessary to prove they are lying at this point.

    I repeat: this is a lost cause and it's going to pass.

    If it is such a closed case, I wonder why the RIAA felt the need to write a long winded (and as I read it again, childish sounding) letter to every senator? Sure they have better things to do than lobby for bills that are guaranteed to pass.

    Finkployd

  16. Re:If you don't vote Libertarian, you ASKED FOR TH by wwest4 · · Score: 4, Insightful

    The problem isn't that R's and D's are the same, it's that: mainstream politicians are generally centrists, and the "center" of American politics is skewed to the right such that democrats are no longer very liberal.

  17. RIAA letter rebuttal by 0x0d0a · · Score: 5, Insightful

    First of all, has anyone noticed the number of *awful* things sponsored by Sen. Orin Hatch? Why is he the source of so much stupidity? Why doesn't he get, y'know, voted out? It seems like a lot of things he does are awfully unpopular.

    It is no secret that the intellectual property assets of our nation are under assault, as never before.

    Absurd. We have had stronger intellectual property protection in our nation for the last few decades than we have *ever* had.

    The bill is aimed at ensuring the vibrancy of both our creative community and our technology community.

    I'm not sure that it helps either artists or technology companies. It is possible, if the RIAA's thesis that they are badly losing money is correct, that it helps music publishing companies.

    We urge you to support it. It is intended to target bad actors only - those who have built business models to get away with stealing the creative work of predominantly American artists. The bill finds the right balance to protect both technology AND content innovators.

    In subsection (g), "intentionally induces" means intentionally aids, abets, induces, counsels, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.

    As other analysis has pointed out, no, the bill decidedly *does* target people who are not "bad actors".

    Global sales of recorded music - dominated by our country - quadrupled from 1980 to 1999. Then, almost on a dime, that trend line reversed, with sales figures falling by about a third to the mid point of last year. Before the launch of lawsuits by the industry last fall against those induced to steal music online, we were spiraling down with no sense of a floor.

    I do not have the data necessary to judge the accuracy of this claim. However, I have seen many citations of numbers that do not agree with this, and many people have pointed out that there is a strong coincidence with the current economic recession and finally, that it is possible that RIAA-sold music simply does not have the appeal that it once did -- for example, the Internet allows a broader range of new types of music to be discovered, which makes the music that the RIAA markets have less advantage relative to non-RIAA marketed music.

    I do not think that this data is convincing enough to broadly extend the reach of IP law, and to make illegal much development in a field that is seeing some of the most interesting research in computer science.

    Finally, let us assume that the RIAA really is losing large sums of money and that copyright infringment is the direct cause -- what of the companies that have *benefitted* from the current boom in MP3s? Apple, HP, and many other companies have profited admirably. I know people that spent more money on music-related technology than ever did on music. There are still questions of whether this is a sustainable or long-term beneficial system, but even if the RIAA establishes that it is making less money is not cause for the RIAA claiming that this bill is necessary. Finally, the ultimate goal of IP law is to ensure that production in the arts continues -- I know people that have both pirated music and found new musicians that they were never familiar with before, and purchased albums from those (European musicians, odd techno types, and the like). In addition, electronic music distribution may be a more economically efficient method of music evaluation for such purposes than MTV or the radio. I am very unsure that even if the RIAA is making less money, that there is less money going into the pockets of content creators. The RIAA is primarily a set of companies that do music promotion. If promotion is no longer required for people to find artists that they like (the now-Microsoft-purchased-and-d

  18. Government and Music (government music) by kardar · · Score: 4, Insightful

    They have it in red China. Songs that are sung to praise the leaders and songs that sing about how great everything is.

    Someone like W gets elected and then we have all of these right-wing authors and talk-show hosts that all of a sudden become relevant - they weren't relevant before, and won't be relevant if/when someone like Kerry gets elected.

    The music industry should try to seperate itself from the government; the reason it should try to do this is because the music industry should remain in a place where it can enable artists to be critical of the government; where it can enable artists to be critical of unjust wars and other things.

    When the music or entertainment industry goes to the government to seek help, they are hurting their future ability to remain independent of that government, they are hurting the ability of artists that they support in the future to be critical of the government, and to remain independent of the dark, inaccurate corners of that government's policies.

    Any government will make mistakes, and constituent "bases" will take delight in things that need to be changed. Here is one area that artists can provide an alternate opinion, a different view - one can only infer from its actions that the music industry has no intention of trying to support and encourage diverse thought and opinion.

    So they will keep churning out pickup truck and cowboy gear advertisements and SUV aftermarket parts advertisements and reality videos of karaoke, with perhaps the occasional college band-member's reality heartbreaking girlfriend-boyfriend relationship reality video mixed in here and there.

    I think that a more likely scenario is that no one is really going to want to download anything the mainstream music media has to offer if they keep going at it the way they are going at it.

    Popular music and conservative government should not mix, it does not lead to good things. If the music industry wants its fans to take care of it, and respect it, if it wants to attract talented artists who think outside the box, and aren't afraid to voice their political opinions, it should not go running to the government like it is doing.

    There is the quote from an AC/DC song - "living on the streets, you gotta practice what you preach" - so that is, if the mainstream music industry wants to support and encourage artists that present an unbiased opinion, perhaps artists that present opinions that aren't as favorable to government and the status quo, they can't go running to the goverment for help like that. It won't work. No one is going to take the maistream music industry seriously.

    Maybe all those dowloaders are just bored, and/or have nothing better to download. Destroying their ability to download anything other than music industry stuff via criminalizing competing technical gadgets isn't going to make them any less bored, or give them anything more interesting or more download-friendly (in a legal sense) to download.