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Supreme Court Rejects RIAA Appeal
An anonymous reader submits "Recall that the RIAA originally used to directly send DMCA-laced supoenas to ISPs to obtain information about a P2P user. Then recall how Verizon and other providers balked saying the RIAA had to file John Doe suits first. It ultimately reached SCOTUS, with the RIAA appealing a decision that was in Verizon's favor. SCOTUS has declined to hear the case, effectively casting the Verizon opinion in stone. Wahoo! Part of DMCA shot down!"
The courts are finally catching on to the RIAA's game. People should start suing *them*.
The dangers of knowledge trigger emotional distress in human beings.
This isn't final unless/until all the remaining appellate districts rule in the same way. One district going the other way might bring it back to the supremes.
If they'd heard it and decided against the RIAA, rather than just refusing to hear it, it would be final.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
Wahoo! Part of DMCA shot down!
Not really. What the RIAA was doing was never really in the DMCA, a fact noted by the D.C. Circuit when they overturned the District Court's decision on a pure statutory analysis. This leaves us where we started, minus only a dubious construction atop the DMCA, an RIAA gamble that didn't pan out.
geek. lawyer.
Unless of course, you were just joking.
Of course not. It _is_ however, a victory for those of us who believed that the RIAA's approach to the entire affair shouldn't be allowed. Essentially, a subpoena is a court document used to extract information. There should be judicial oversight to ensure that that process is not being abused. That's what this is about.
Or is this simply until the RIAA frames their arguments differently. Those of us old enough and who read some history books in school remember the SCOTUS sometimes reversing decisions or simply throwing it back in the plaintiffs face and saying, "You didn't cross all your T's and dot all your I's, we'll be here if you'd like to have another go later on." The ball is merely in the RIAA's court while they choose another tack.
For now, it's certainly good stuff, but be wary.
A feeling of having made the same mistake before: Deja Foobar
Not as far as I can see. All this says, is that if the RIAA wishes to subpoena the personal information of an ISPs customer, they must actually file a lawsuit to have a basis for access to this data, rather than simply demanding the data.
If you were "stealing" misic for stuffing into your iPod, the RIAA can file a John Doe lawsuit, subpoena your personal data from your ISP, correct the personal data in the lawsuit to reflect this, and sue you, or settle, as they see fit.
America is now amassing a body of case law that protects our rights from attacks like the DMCA, and its INDUCEments to tyranny. But the pattern shows so far only that Verizon's corporate rights trump the RIAA's corporate privileges. We need some decisions that show that human rights to free expression and fair use of personal property trump corporate claims to profits. What's the EFF got up its sleeve? Or EPIC? The hoary old ACLU? Or maybe Jon Johnassen will free us all?
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make install -not war
why the police are not allowed to get an arrest warrant for someone based on their dna, especially pertinent in rape cases, but the riaa can get your first born based on an ip address? something seems a bit skewed to me....
am i the only one?
The only way to get rid of a temptation is to yield to it.
-Oscar Wilde
Except for the fact that according to all posted statistics, the RIAA companies are making MORE money per year since swapping became an issue. It's free advertisement for them and more profits in the end. But they still play it as they are losing money when last year they earned over $10 billion. Up from the year before even.
From personal observation, it's standard procedure to portray yourself as the victim/underdog regardless of how much a dominant monopolistic arrogant bastard individual/organization/company/government you are.
Thus they paint the picture of the starving artist whom we are defrauding. Nevermind the t-shirts and concert ticket sales where artists actually get most of their cut.
Then they equate it to stealing which is easier to grasp than copyright infringement. After all, Joe Sixpack and his kids usually don't deal with copyrights much but they definitely have STUFF that can be stolen. They can relate and stealing is bad.
I do believe the ultimate solution is more quality content. My latest purchase was Manson's "Lest We Forget" with the DVD (can't seem to play it in MDK 10CE, though so I'm not too thrilled). If I believe a band makes good music (and this is definitely personal preference), I'll spend money for their work. I'm also in favor of having bonus content -- videos, pictures, behind-the-scenes footage, etc.