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Grokster Decision Won't Stop RIAA, MPAA Suits

akahige writes "According to this Reuters article, the Ninth Circuit Court of Appeals has ruled that the operators of Grokster and StreamCast are not liable for copyright infringement. On the other hand the *AA is appealing the decision to the Supreme Court, and has no intention of ceasing litigation against these or other P2P services. Next up, eDonkey. If ever there was a case where voting with your dollar made sense it was this one -- but too many people just can't get enough of Britney." We mentioned the court's decision a few days ago; this article stresses that the industry is gung ho to overturn it, and that this decision covers only part of the case.

11 of 187 comments (clear)

  1. "Vote With Your Dollar?" by Anonymous Coward · · Score: 5, Insightful

    Yeah, like that would work. Every boycotted sale is another that is claimed the result of piracy.

    1. Re:"Vote With Your Dollar?" by xigxag · · Score: 5, Insightful

      It's well known among activists that an effective boycott requires organization, e.g. contacting the company in question to let them know you are boycotting them. Contacting the press to inform them what's going on. Just an unexplained dropoff in purchases will, as you suggest, be explained by the RIAA in such a manner as to demonize their opponents.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
  2. Big Business still rules all... by chrispyman · · Score: 5, Insightful

    You'd almost think these two associations would rather spend money figuring out how to intice people to pay money for something through a new business model instead of futilely throwing it away sueing your customers and not really putting much of a dent in peoples P2P ways. Besides, the question isn't did you break the law today but rather how many laws did you break today?

  3. Gee whiz by Richard+Dick+Head · · Score: 5, Insightful

    Nothing to worry! When one P2P goes down, there'll always be another. People get busted for drugs all the time, and yet I am always well supplied with pot. Thats the way the black market works :D

  4. The world needs renegade millionaires... by Anubis333 · · Score: 5, Interesting

    Why not just fund your own shitty record company, then find people that have copies of your artists in unprotected ('shared') folders available via ftp, or http. Then sue Microsoft, because they make Internet Explorer, and the DOS FTP client. You can even produce a lot of data to turn heads, i'm sure 99.9% of all illegal software distributed around the world in the past 10 years was sent via FTP --It must be stopped!!

    Or turn it into another suite based on the same principals. Sue Grokster because they are facilitating in the trade of child pornography, or sue M$ because people use IE for the same..

  5. Grokster decision INDUCEs an Appeal... by Anonymous Coward · · Score: 5, Insightful

    Chances are that the appeal to SCOTUS has a relatively low probability of success, but you can't fault the RIAA/MPAA/BSA/IDSA/Insert_Copyright_Fascist_Group_ Here from trying. Unlike the average joe, the trade associations are not crippled by throwing another lawyer or two towards their political agenda. And considering the stakes, and that they really have nothing to lose, an appeal to the Supreme Court is practically a certainty.

    The INDUCE act is a far larger threat. The very existence of this act, and the fact that it has influential support amongst key senators, shows how true the statement "political representation is isomorphic to money" actually is. The INDUCE act is designed to overturn the Sony Betamax case-- the very case that the Grokster decision was based upon. It would be a big mistake if this major decision was overturned-- Innovation in technology and culture will simply occur outside the United States and its draconian Copyright regime-- if such events have not started to occur already.

    1. Re:Grokster decision INDUCEs an Appeal... by Guppy06 · · Score: 5, Funny

      "Innovation in (...) culture will simply occur outside the United States"

      Y'know... if what's being broadcasted into my home is "innovation in culture," the rest of the world can take it away from me with my blessing.

  6. Subpoena Powers by grimharvest · · Score: 5, Insightful

    Am I the only one who thinks that the subpoena powers granted to the RIAA are too broad? If a crime has been committed, fine. Then let the F.B.I. handle it and let the courts issue subpoenas where necessary. How in hell did private citizens come to be a the mercy of a trade group? I don't download files off Kazaa or anything, but nor do I like the idea of the RIAA being able to spy on people at its leisure. If there's need of an electronic wiretap, then let the Feds get a warrant for it. But this business of them serving subpoenas to whomever they like makes a complete mockery of the right to privacy. We have police agencies to investigate alleged criminal offenses. Since when did we start bypassing them for the convenience of big business?

  7. It's all relative by poptones · · Score: 5, Insightful
    Just look at a map of the world. The US is this tiny chunk of land on one side of the globe. Thanks to the greed of the corporations based here, jobs are increasingly moving to those other places that collectively take up about ten times more area. And how many times over do the populations of china and india outnumber us?

    It's already happening: you buy or download a copy of your sleek new OS and the first step is to configure the downoad manager to connect to some ftp mirror in one of the free countries of the world. Do I care that mp3s or css are "protected technologies?" Fuck no - and neither do the people I've helped free themselves from the redmond overlord.

    Let'em sue. Won't make a damn bit of difference either way - you think ho-town is going to ignore a few Billion chinese who adopt different technological platforms than those of us in the "civilized" west? You really think Russia or Ukraine or even Poland are going to change their copyright system because the screaming brat in the west says so? Fucking christ, have none of you ever ordered online from an overseas vendor?

    Already these nations are becoming less vocal about their EU intents: they've already seen one empire crumble this last century, it doesn't take a genius to see we're legislating ourselves into global irrelevance.

  8. But it's not just Britney; you should know better by Anonymous Coward · · Score: 5, Insightful

    The problem is that it isn't just Britney. You, presumably, are part of the problem, and your attempt to disavow any personal responsibility by pointing to "Britney" fans, is indicative of the prevailing, pathetic attitude.

    It's not just the "lame" artists. All artists who have signed contracts with RIAA member studios are guilty, and financially supporting any of them, implicates you too.

    I have not and never will knowingly financially support proprietary music. By proprietary, I mean any music for which it is not granted at least those freedoms guarunteed by the GNU GPL for software.

    I will not be the fan of any man. But I will gladly partake amongst any as a fellow.

    Don't buy into the fan/artist power structure. The only free society is a horizontal society.

  9. Re:"Vote With Your Dollar?"-The Pity defense. by orthogonal · · Score: 5, Informative
    organizations like NOW and the sierra club are near the pinnacle of human hypocrisy. They are morons if the think they're saving the planet/life. Life has survived long before humans, it will survive long after.

    Well yes.

    That's exactly the point: the Sierra Club and other organizations to protect the environment are trying to prevent us from destroying the environment to such an extent that human life is put at threat.

    Supporting such organizations is almost entirely selfish: global warming and fresh water depletion threaten all human life on this planet. Understand that when the ocean encroaches on Holland and Bangladesh and coastal India, when fresh water depletion brings about famine in Iran and Pakistan, these peoples will not go gently into that good night.

    And these peoples who will rage against the dying of their light, all have access to modern military weapons, in some cases including nuclear weapons.

    So what do you expect will happen? Faced with starvation or homes inking beneath the waves, millions of people will be looking for new homes and fresh water and food. They won't be humbly petitioning you, "guv'nor can you spare a dime". No, they'll be showing up on your doorstep with machetes, Colt '45s, and cruise missiles to persuade you -- or their neighbors -- to share.

    At best, you can expect environmental crashes to mean a greatly reduced standard of living for you as the world adjusts to waves of crop failure and famine. And even as your standard of living declines, as long as your world includes a TV and car and a personal computer and a PS/2 for each person, the guy living in a hut in a village that shares one TV among all inhabitants will look on with envy, and wonder if he's be better off with 72 virgins in Paradise after blowing himself up along with you.

    At worst, a nice upstanding Dutch burgher will have to decide between seeing you survive or seeing his kids survive, and six million years of human fratricide bets that, nice as that Dutchman is today, he'll choose for his kids -- just as you'll choose for yours.

    Melvin Konner, in the revised (and almost entirely re-written) edition of his classic book subtitled "Biological Constraints on the Human Spirit", The Tangled Wing, explains that (emphasis orthogonal's)

    United Nations assessments [at the 1992 Rio de Janeiro environmental summit, 12 years ago!] found a continuing loss of topsoil and productive farmland and a growing scarcity of fresh water. In the late nineties a third of the world's people had inadequate fresh water, and this is expected to double to two-thirds by 2020.

    Many future wars will be fought over water.

    Like you, I was always somewhat contemptuous of "save the environment" activists, until I read about the numerous deserts created by man throughout prehistory, the Near East, in Americas (as by the Anasazi Indians), in the Pacific on Easter Island. Jared Diamond writes movingly -- even shockingly -- about this in several of his books, and in this article (emphasis orthogonal's)

    The fifteenth century marked the end not only for Easter's palm but for the forest itself. Its doom had been approaching as people cleared land to plant gardens; as they felled trees to build canoes, to transport and erect statues, and to burn; as rats devoured seeds; and probably as the native birds died out that had pollinated the trees' flowers and dispersed their fruit. The overall picture is among the most extreme examples of forest destruction anywhere in the world: the whole forest gone, and most of its tree species extinct.

    The destruction of the island's animals was as extreme as that of the forest: without exception, every species of native land bird became extinct. Even shellfish were overexploited, until people had to settle for small sea snails instead of larger cowries. Porpoise bones disappeared abru