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Iceland and USA Feel the Copyright Industry's Wrath

spellraiser writes "Iceland's Internet traffic saw a substantial decrease this week as police raided the homes of 12 individuals suspected of sharing massive amounts of copyrighted material over a private, local DC++ hub that was infiltrated by SMAIS, the Association of film right holders in Iceland. The people who were raided were questioned by the police, and had computer equipment confiscated. It is unclear at this point what their fate is, but there is a distinct possibility might face charges." And in the U.S., an anonymous reader writes "The Recording Industry Association of America strikes again with yet another round of lawsuits. Jon Newston over at P2Pnet.net doesn't hold back anything in his great commentary on it today. Best quote 'It's almost as if having lost its bitterly fought case against the p2p application owners and failed in its many obvious (and expensive) attempts to disrupt the p2p networks, the music industry is now determined to vent its wrath on helpless men, women and children who can't hope to stand up to it with its tremendous political and financial power.'"

26 of 523 comments (clear)

  1. Industry? by Anonymous Coward · · Score: 3, Insightful

    What exactly is the Copyright "Industry"? Do you mean the music industry or the movie industry? Copyright is not an industry.

  2. you mean... by scaaven · · Score: 3, Insightful
    ...helpless men, women and children who can't hope to stand up to it with its tremendous political and financial power.

    they're helpless to pay $8 to see a movie in the theater?

    --
    I know I'm going to be modded up on this
    1. Re:you mean... by Anonymous Coward · · Score: 5, Insightful

      No, he means that they're helpless to pay lawyers thousands of dollars to defend them whether they are guilty or not. Even if they have done nothing wrong, it is cheaper to just settle than pay to fight it.

    2. Re:you mean... by NoMoreNicksLeft · · Score: 4, Insightful

      Helpless to afford the $5000+ in legal defense fees they will pay even if found not liable.

    3. Re:you mean... by tmasssey · · Score: 4, Insightful
      Besides, the argument that it's overpriced is irrelevant. It's their product. Just because it's overpriced does *not* give you the right to infringe (steal) their product. Period.

      Boy, that Jaguar is overpriced: it's a few hundred dollars of steel, glass and leather. Therefore, I can steal it.

      Don't give me that "copyright-infringement-is-not-stealing-because-I- don't-deprive-you-from-using-it." Do you scream when companies use GPL code without releasing the source? How is this different?

      Let's make a deal: Microsoft can close the Linux source and you can copy all the music you want.

      Any takers?

    4. Re:you mean... by Txiasaeia · · Score: 4, Insightful
      "Copyright infringement is a crime. Downloading copyrighted material that you have not purchased is a crime. If you are commiting a crime, they *should* go after you."

      Name one uploader who was threatened with jail time. Copyright infringement is not a crime, it's a civil matter, hence uploaders being sued for *money* and not being thrown in jail.

      --
      Condemnant quod non intellegunt.
    5. Re:you mean... by nuggetboy · · Score: 3, Insightful
      The sheer number shows the public believes the existing laws are horribly flawed and won't follow them.
      It shows no such thing. It simply shows that the public are willing to take the chance that they will not be caught and prosecuted for breaking those laws, however flawed they may be.
  3. 'Best' Quote by OverlordQ · · Score: 3, Insightful

    What's so shameful about this is: file sharing is not going away

    And people buying CD from artists under RIAA isn't either.

    --
    Your hair look like poop, Bob! - Wanker.
  4. Going in Circles by ravenspear · · Score: 5, Insightful

    The RIAA just doesn't get it. Continuing with these lawsuits is not going to do anything but build another revenue stream for them. At this point, one has to wonder if they realize that and if that is all they are hoping for.

    You see, the market has already spoken and it has spoken loudly. An entirely new paradigm of music distribution has evolved and it isn't going to regress to the way it was in the previous generation. The RIAA had their chance to give people a product they want online and to use the new mechanism of distribution for profit. It failed to do so, thus other non-sanctioned methods entered the space to fill the void.

    What will happen now is one of two things. Either the RIAA realizes that they can't have it their way and comes up with an acceptable online offer that will attract customers, or they will continue to spin their wheels in vain and alienate their customers who will in turn seek other outlets from which to obtain music.

  5. does _anyone_ understand what the RIAA is doing? by HBI · · Score: 4, Insightful

    1. Sue tons of people.
    2. People bitch to politicians.
    3. Politicians pass another copyright adjustment law that 'protects' consumers while improving the recording industry's profit margin.
    4. Profit!

    It's that simple. They have no fear of boycott or consumer retribution. Consumers of music are sheep. Even if some of the sheep wise up and stop buying, there are more people growing up to take their place, which is probably as good an explanation as any for why the music industry targets youth.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  6. Wait a minute... by diamondsw · · Score: 5, Insightful

    Back when the RIAA was focused on Napster and P2P, didn't we say they shouldn't be focusing on the technology, but on those who misuse it?

    Now they're doing just that - focusing on the people, not the technology. Their methods could be a lot better (they should focus on people who share a lot, not anyone with an MP3 with a suspicious name), but they *are* on the right track.

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  7. This is The Right Approach by Bob9113 · · Score: 4, Insightful

    ...the music industry is now determined to vent its wrath on helpless men, women and children who can't hope to stand up to it with its tremendous political and financial power.

    This is precisely the right thing for the labels to do. Go after the people who are breaking the law, not the people who make products that can be used to break the law. It is good because it is the way law should be (punishing the infringer, not the toolmaker), and it is good because it shows people how much the current copyright model sucks. Actions like this are exactly what we want, so that people will be motivated to move to new economic models of content distribution.

    We need to find an economic model that both compensates the creator and moves the product into the public domain (or a similar Open license). Actions like this are exactly what will show the general public the value of the public domain.

  8. Helpless men, women and children by Gothmolly · · Score: 4, Insightful

    Who happen to be sharing copyrighted material, i.e. breaking the law.
    Lets call a troll a troll, here.

    --
    I want to delete my account but Slashdot doesn't allow it.
  9. The RIAA suing copyright violators is *good* by roca · · Score: 4, Insightful

    From a moral point of view: people who distribute copyrighted material are violating both the letter and spirit of the law, and deserve to be punished.

    From a strategic point of view: The only alternative to punishing copyright violators, short of abandoning copyright altogether, is to make violation impossible through Orwellian DRM backed up by even more Orwellian legislation, or by hamstringing the Internet in some other way. I don't want to lose my freedom and my technology because some punks thought they should be allowed to download music without paying for it.

  10. Like stepping on ants... by earthforce_1 · · Score: 5, Insightful

    A quote from a German Colonel made during operation Barbarossa:

    "The German Army in fighting Russia is like an elephant attacking a host of ants. The elephant will kill thousands, perhaps even millions, of ants, but in the end their numbers will overcome him and he will be eaten to the bone."

    So it is with the *AA. Eventually they will fail out of the sheer weight of numbers they are fighting.

    --
    My rights don't need management.
  11. Explain something to me by Exmet+Paff+Daxx · · Score: 4, Insightful

    Why are we sticking up for people who make copyrighted Hollywood movies available for download? The one and only defense of P2P networks is that they are not "pirate to pirate" networks but rather a new tool for distributing independent, privately financed media and breaking the Hollywood deathgrip on media distribution. For years we've screamed that attacking the toolmakers (DMCA) is insane, that the tool abusers are to blame. And now, when the RIAA finally listens to Slashdot and sues the pirates themselves we're still against them?

    It's articles like this that convince lawmakers, businessmen, and the Silent Majority that all this crowd is actually interested in is stealing movies. Right now I'd be hard pressed to argue with them.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
  12. Let's rewrite this by finkployd · · Score: 4, Insightful

    Best quote 'It's almost as if having lost its bitterly fought case against the p2p application owners and failed in its many obvious (and expensive) attempts to disrupt the p2p networks, the music industry is now determined to vent its wrath on helpless men, women and children who can't hope to stand up to it with its tremendous political and financial power.'"

    How about this instead:

    "It's almost as if having lost its bitterly fought case against the p2p application owners and failed in its many obvious (and expensive) attempts to disrupt the p2p networks, the music industry is now determined to vent its wrath on the actual men women who are breaking the law and causing the problems on the first place"

    Finkployd

  13. And What Would Sales Be If...? by Nom+du+Keyboard · · Score: 4, Insightful
    Nor has it ever been demonstrated that one download equals one lost sale.

    One way to test a thesis is to view the result if it were true.

    The record industry wishes us to believe that every download is a lost sale. If true, what would their sales be if all downloads had never happened? Does this figure sound reasonable? Or does it exceed the total GNP of the G-7 nations, plus Nigeria?

    I, for one, do not believe for a moment that Internet music sharing has kept the music industry from suddenly expanding several times in size. And since they can't tell the truth about this, I don't believe them about much else either. Do you?

    Then again, I don't believe memos allegedly typed in 1971 clearly using Microsoft Word are authentic either. But if they are, then I'm using them as prior art to invalidate all patents relating to Microsoft Office!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  14. Who are "we all" and "everyone"? by roystgnr · · Score: 4, Insightful

    This should probably be a Slashdot FAQ:

    Q: "Why does the rest of Slashdot hold inconsistent opinions?"

    A: "Because it has more than 2 users."

  15. Ahh yes by Sycraft-fu · · Score: 4, Insightful

    The "If you aren't guilty you have nothing to worry about!" attitude. Please, that is just stupid. The problem with civil suits is that the bar for bringing them is much lower, as is the standard of proof.

    The RIAA doesn't really need to do anything but file to have a lawsuit against you, they don't have to meet any real burden. In a criminal trial, the prosecution has to have a minimum level of evidence, or the case will just be thrown out. Likewise the burden in a criminal trial is beyond a reasonable doubt, meaning they have to have pretty convincing proof you are guilty. In a civil trial it's a perponderance of the evidence, meaning they have to argue a little better than you.

    Now all this was intentional. Criminal trials are intended to be for, well, crimes, things that society wants to punish you for. They also can carry very stiff penalities. Civil trials are for resolving financial disputes. If a tennant skips out without paying you, you take them to civil court to try and get your money.

    The thing is, with copyright infringement, the amount they are allowed to ask for is so outrageous, it might as well eb jail time. They can sue for $150,000 PER INCIDENT which means for EACH file. Now you cannot honestly believe that someone having a signle MP3 on their harddrive costs the RIAA $150,000 (if you do then realise you are saying they should be worth several times the current gross world product). The fine is clearly excessive, which is prohibited by the constution.

    So you get sued. Even if you are innocent, you basically have to settle. Hiring a defense isn't cheap (and you don't get one by default like in a criminal case). You also need a GOOD defense since they don't have to prove you shared the files beyond a reasonable doubt, just argue that you did a little better than you argue you didn't. Then, if you lose, well they basically own everythign you make for the rest of your life since we are talking of millions of dollars per CD.

    THAT is the problem. If the RIAA was suing people for the price of the CDs they are sharing, I'd have no problem. I've got no problem with them saying "Oh you have 20 CDs worth of music you didn't purchase? Fine, we want $350." I wouldn't even have a problem if they sued for say, twice the amount. YOu are allowed to have some punitive damamges in there. However the statutory damages on the books are so excessive that it's literally a matter of your entire finincal future, just for a few songs. You are forced to settle, innocent or not.

    What's more, UNC did a study, the link I'll post from home later if you like that showed that filesharing has a stasticaly insignificant impact on music sales. So you are talking extreme punishments for something that appears to be of very little harm.

    It's like speeding enforcement. It's a minor offence, so it's a minor punishment. A reasonable fine, and some points on your license. We could reduce speeding to almost nothing by giving police M2s and having them destory any vehicle and kill any driver going over the speed limit, but that seems rather excessive and unfair. The same is true of having a hundred thousand dollar fine on copying music when it seems to have no impact on sales anyhow.

  16. Re:Make up your damn minds.... by Sycraft-fu · · Score: 3, Insightful

    When people litter, I want them punsihed. I do not like them breaking the law. However I want them fined a reasonable amount, I don't want them killed, locked in jail for the rest of their life, or fined millions of dollars. Why? Littering is a minor offence, it causes harm, but not much. Thus the punsihmentshould likewise be minor. It's not only a basic concept of fairness but it is condified as law in the constution (ammendment 8).

    Well the thing is, the RIAA is abusing the probably unconsutionaly high stautory damages allowd for copyright infringement. Here we again have something that causes little harm, a UNC study showed no stasticaly significant effect of file sharing on music sales, we should have a reasonable fine. I'm fine with 2x the price of a CD in fine. You have 50 CDs you didn't pay for, you get nailed to the tune of $700-$1,000. Seems fair and reasonable, and also a workable deterrant.

    However because of the high statutury damages allowed (up to $150,000 per song) people are faced with getting sued for millions or even billions of dollars. This amount is totally unreasonable, and so scary that even if you are innocent, you are going to settle simply because you can't afford to loose (and civil trials aren't to beyond a reasonable doubt, just a perponderance of the evidence).

    So look, if the RIAA starts suing people for a reasonable amount, I'll back off any objections. So long as they sue for multiple millions of dollars, I will maintain that they are abusing the legal system.

  17. Better Deal. by KrisHolland · · Score: 3, Insightful

    "Boy, that Jaguar is overpriced: it's a few hundred dollars of steel, glass and leather. Therefore, I can steal it."

    It's called 'copyright infrindgement' and not theft for an important reason, they are different. Physical property is different than ideas and information. You do realize that you are not deprived of your ideas when someone else thinks them, right?

    "Don't give me that "copyright-infringement-is-not-stealing-because-I- don't-deprive-you-from-using-it." Do you scream when companies use GPL code without releasing the source? How is this different?"

    Do I scream? Who are you talking to, I think you'll find a wide audience here at Slashdot. As for companies bullying individuals, you'll find people fighting against them by what ever means at their disposal including flinging called copyright laws in their face.

    "Let's make a deal: Microsoft can close the Linux source and you can copy all the music you want."

    Lets make a better deal, abolish copyright and then the GPL and all other licenses won't be necessary. I like that better, lets go for it all it takes is a simple majority vote to repeal the copyright bill and we are there.

  18. Copyright infrigement is a crime. by Delirium+21 · · Score: 4, Insightful
    Copyright infringement is a crime and, on a large scale, a felony. See 17 U.S.C. 506:
    Willful copyright infringement is criminalized by 17 U.S.C. 506(a) in concert with 18 U.S.C. 2319 for economically motivated infringement or large-scale infringement (even if not committed for commercial gain). Felony penalties attach to violations involving reproduction or distribution of at least ten copies valued at more than $2,500.
    As Larry Lessig points out in his most recent book, this turns an enormous number of otherwise law-abiding Americans--some 40 percent--into felons. Moreover, it exposes them to literally millions of dollars of civil damages.

    The tragedy of this is not only that these penalties are overly harsh, not commensurate with the crime, and burden millions of users for the benefit of a relatively small industry.

    The tragedy is that it is a grotesque distortion of the once highly limited copyright law, a law that was only meant to regulate publishers. The incessant lobbying of spineless representatives has caused the scope and penalties of 'infringement' to balloon, without deliberation and without consulting the public.

    Just as importantly, it is the industry's public relation's 'propaganda' (as Chomsky would call it) that has effectively morphed public opinion about what copyright was, what it is, and what it should be. It has changed from merely affecting publishers to affecting everyone, and it seems to many 'natural' and 'obvious' that individual users are committing willful and egregious crimes. It is not surprising, therefore, to find the parent post accepting the sad truth--"Downloading copyrighted material that you have not purchased is a crime."--wholeheartedly.
    --

    Friends come and go, but enemies accumulate.
  19. Re:Better Idea.... by KrisHolland · · Score: 5, Insightful

    "This would remove all financial motivation for most worldly pursuits. Why write software? Why write a book? Why create music?"

    Information would be a pure public good then. Like paying for national defense, you couldn't privately deliver such a good since people could enjoy national defense by allowing their neighbours to pay for the army. Everyone could similarily mooch though, thus a pure public good is necessarily provided for by government.

    It is possible, if people do not want to create content although I see open source software alive and well without such incentives, government too can provide incentives, as they do with other pure public goods mentioned.

    How would such a system work? Who knows, although it is rapidly looking better in comparison to the alternative DRM future, police state and tech phobic RIAA corporations' view.

    "Never gonna happen, though... :("

    Um, simple majority is easy enough. Go for it ;).

  20. Re:Make up your damn minds.... by Maul · · Score: 3, Insightful

    The problem is that the RIAA is going around like this, seemingly at random.

    RIAA (To Random User): We have proof you were sharing 50,000 songs on Kazaa. We're going to sue you for $150,000 per song. Keep in mind that we have millions of dollars to spend on lawyers should you choose to defend yourself.

    Granny: What? I don't even know what Kazaa is! Let me call a lawyer.

    Lawyer: You want to fight the RIAA? Well, you'd probably win, but my legal fees may range into the tens of thousands of dollars. That is, if the RIAA doesn't appeal or stall in court. Then it could cost more.

    RIAA: It seems you are denying your crimes. Very well, we're feeling charitable today. If you fess up, we'll settle for $2,000. We're letting you off easy.

    Granny: Defending myself with cost me at least ten grand. I should take the RIAA's deal, even though I haven't done anything.

    --

    "You spoony bard!" -Tellah

  21. Re:Better Idea.... by ultranova · · Score: 3, Insightful

    Let us make copyright 0 years.

    This is less so! :)

    This would remove all financial motivation for most worldly pursuits.

    Expect production (you know - making a real physical product, like a house or a car), services (haircuts, car service, etc.), and entertainment (I don't have a 20-meter wide movie screen in my home, do you ?).

    In fact, the only really affected worldy pursuits would be entertainment industries and software providers.

    I'm not saying that abolishing copyrights completely would neccessarily be a good idea, just that it wouldn't be the end of civilization.

    Why write software?

    Because either you need it, or someone else needs it enough to pay you for it, or you think you can make money selling services related to the product. Or because you want fame and recognition.

    Why write a book?

    For fame ? For the ego stroke of admiring feedback ? For the sense of accomplishment ?

    I've only written short stories, and only about a dozen of them. I did it because I wanted to contribute something to the online community I was a part of back then, and for the ego stroke of getting feedback. No, I'm not providing a link to them, because I plan on rewriting them.

    Considering the amount of text one can find online, I'd imagine these to be a powerfull enough motivating force to keep the culture going...

    Of course, most of the online writings are terrible in quality, but that isn't really different from published texts, now is it ?-) Besides, I feel a new business idea forming - a recommendation service, where real human beings shift through the endless sea of online content and provide links to the true gems for their subscribers.

    Why create music?

    Same as above, plus as a commercial about your skills, in the hopes of getting a patron/concert.

    Also, see Elfwood, an amateur fantasy- and sci-fi art gallery with written works too. Quite a lot of the more talented artists there imply that they might not be completely averse to taking commission work. Of course, the art there is copyrighted and can't be distributed without the artists permission, but it is free for anyone to view.

    For the love of the endeavour? Sure. But what percentage of people would be willing to invest hard money in such a pursuit?

    One of the neat things about computers and the Internet is that they reduce the need to invest money in such endeavours. To publish online, all you need to invest is time, tears and sweat - but your wallet is safe.

    Why would a publisher give an author an advance?

    Why would you need a publisher, if you can just upload the fruits of your labor to your website ?

    Why do you think the publishers are so scared about p2p, anyway ? Hint: it's not the artists they fear for.

    Why would a record label front the production cost of an album? For a profit on the manufacturing process?

    There seems to be quite a lot of legal music available online. So, presumably, you can get get music produced even without record companies. I'm not an expert at music production, thought, and can't claim to know what steps are required to produce it, exactly speaking. Perhaps someone else can comment on this ?

    Personally, I would be *estatic* with 14 years. Or 14 years with a renewal for another 14 years. 28 years of exclusive control. If you write something at age 20, you have until you're 48 to produce something new. That's not so bad, is it?

    Personally, I'd think that the creators life + 10 years (to keep people from being assassinated for their music or whatever) with only real human beings being counte

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.