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Round Two for MPAA Lawsuits

An anonymous reader writes "CNET is reporting that the Motion Picture Association of America (MPAA) has filed a second round of lawsuits against individuals trading movie files. This follows the lobby's legal attacks on BitTorrent servers a few weeks back. A couple of commentaries on this latest legal barrage can already be found here and here."

525 comments

  1. For parents? by Coneasfast · · Score: 5, Funny

    The Motion Picture Association of America (MPAA) also made available a new free software tool so parents can scan their computers for file-swapping programs and for movie or music files which may be copyrighted.

    "Son, come over here and show me how to run this thing."

    --
    Marge, get me your address book, 4 beers, and my conversation hat.
    1. Re:For parents? by AviLazar · · Score: 4, Insightful

      Don't worry this software is purely to help parents ensure their little kids are not growing up to be criminals...it won't be used by the MPAA at all to track those computers and send the info to the MPAA.

      Between that and the fact the parents may not know how to utilize the software I am sure it will be great SuckCess.

      I am waiting for the time comes when i purchase a movie, place it in my dvd player (flash upgrade) or in my computer and it will auto-install tracking software.

      --

      I mod down so you can mod up. Your welcome.
    2. Re:For parents? by EmperorKagato · · Score: 2, Informative

      I just used the Parent Search tool and it can't discover eXeem Lite. Also, they think suprnova.org is down.

      --
      ----- You know you have ego issues when you register a domain in your name.
    3. Re:For parents? by malcomvetter · · Score: 5, Funny

      "Son, what is all this crap that program found? ... You mean you can download entire movies? Pull up a chair and show your father how to do that."

    4. Re:For parents? by Anonymous Coward · · Score: 3, Insightful

      But, on the bright side, if we're never buying DVD's this will never become a problem.

      -Steve G.

    5. Re:For parents? by Phybersyk0 · · Score: 3, Funny

      shut. up. jackass.

      It's loose lips like yours that ruined it for everybody else.

    6. Re:For parents? by zCyl · · Score: 1

      I am waiting for the time comes when i purchase a movie, place it in my dvd player (flash upgrade) or in my computer and it will auto-install tracking software.

      Yeah, except it won't be called "auto-install tracking software", it will be called "The Movie Fun Feature Expansion Pack", or something ridiculous like that. And people will accept it, because it will say that it's providing access to special websites for behind the scenes information.

    7. Re:For parents? by Anonymous Coward · · Score: 0

      hehe that reminds me of a friends school.
      every student got an laptop and evry year they had an warez inspection at the school where techs came to check the machines for ilegal software.

      the thing was that he was running linux and the tech had no clue.

      "he was like start windows"
      so he started X with fluxbox

      "ehum well start the file manager"
      then he started a xterm

      "ok so show me the contents of the application folder"
      ls /usr/bin

      "ok you can go for now"

    8. Re:For parents? by Pinkfud · · Score: 1

      it won't be used by the MPAA at all to track... And of course, those people can be trusted. Yep.

      --
      The world is my oyster. That's why it's always in a stew.
    9. Re:For parents? by Oliver+Wendell+Jones · · Score: 4, Funny

      When my brother got arrested for identity fraud (this was way back in 1989, before it was called that) and was being transported from the police station to the county jail, the two sherrifs in the front of the car were asking him what he was arrested for.

      When he explained that he was using his computer (a C-64) to look at random strangers credit reports so he could use their credit card info to buy stuff, the driver said something to the effect of "whoo-ee, you need to show us how to do that - it costs us $20 every time we run a credit report to try and find someone"...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    10. Re:For parents? by Pinkfud · · Score: 1

      Hmm, a thought: If they claim that, can the claim be enforced? That is, if it is found later that it does report stuff, can they be sued or prosecuted for the deception?

      --
      The world is my oyster. That's why it's always in a stew.
    11. Re:For parents? by northcat · · Score: 1

      I am waiting for the time comes when i purchase a movie, place it in my dvd player (flash upgrade) or in my computer and it will auto-install tracking software.

      This reminds me of that Audio CD (or DVD, can't remember) protection scheme which just used windows autorun feature to install a driver on the machine that would prevent the cd from being copied. All you had to do to "circumvent" it was to hold the shift key while inserting the CD. I remember reading that some college student put up a web page on how to circumvent this and got sued or something. But I don't remember properly, don't take my word for it.

    12. Re:For parents? by AnalogDiehard · · Score: 1
      I am waiting for the time comes when i purchase a movie, place it in my dvd player (flash upgrade) or in my computer and it will auto-install tracking software.

      Have you bought any new Beastie Boys CDs lately...?

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    13. Re:For parents? by AviLazar · · Score: 1

      Yes they can be sued for it (privacy laws), but they will probably get away with "Did you read the TOA...paragraph 1000, subsection 349, sub-subsection ZY, line 4?"

      --

      I mod down so you can mod up. Your welcome.
    14. Re:For parents? by Pinkfud · · Score: 1
      I expect you're right. That little point won't have escaped their attention.

      I would also point out that the very fact you downloaded it is evidence that you suspect there's illegal stuff on your computer. I'd bet that, if nothing else, all IPs that show up in the d/l logs will also go on the watchlist.

      --
      The world is my oyster. That's why it's always in a stew.
    15. Re:For parents? by Tooxs · · Score: 1

      'Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10'

      Are these my only choices? I'd prefer a little of each or maybe even neither sometimes.

    16. Re:For parents? by AviLazar · · Score: 1

      you remember correctly. He sued for figuring it out, not just the website. They sued him for "tampering" or some such none-sense. They were also pretty damn shocked it was that easy to circumvent their pride and joy.

      I never have auto-run enabeled so that stuff never bothered me in teh first place.

      --

      I mod down so you can mod up. Your welcome.
    17. Re:For parents? by laughingcoyote · · Score: 1

      While IANAL, that would seem to me to run afoul of both deceptive marketing (the product must do what you say it does, and NOT do what you say it doesn't) and promissory estoppel (if you agree not do something, and that can be proven, you are legally bound by it).

      So yes, I think it could quite clearly be enforced, and any such information reported not only suppressed and barred from use in court, but a possible lawsuit -against- MPAA would likely be in the offing.

      --
      To fight the war on terror, stop being afraid.
    18. Re:For parents? by Anonymous Coward · · Score: 0

      The link for this thing is on a Flash-only web site...

      "Son, come over here and show me how to install Flash so I can download this parental-scan thingie."

      "No."

    19. Re:For parents? by laughingcoyote · · Score: 1

      Nope, but I just downloaded the whole thing. The copy protection works great, guys. ;)

      --
      To fight the war on terror, stop being afraid.
    20. Re:For parents? by PriceIke · · Score: 1

      I find it hard to take seriously any magazine (in this case, NewScientist) who refers to Apple's MP3 player as an "i-Pod". No one in touch with reality has ever seen a hyphen used in the device's name.

      --
      It's not a lie. It's the truth with lossy compression.
    21. Re:For parents? by Anonymous Coward · · Score: 0

      suprnova is down. eXeem has nothing to do with it, they just bought the name.

    22. Re:For parents? by Some_Llama · · Score: 1

      I read the EULA that you have to agree to when you download, yes i read the whole thing, and it does specifically state that the software does not phone home or relay any information to it's parent.. although it also said that you are not allowed to reverse engineer the product so even if you could prove that it does phone home, they could sue you for violation it's EULA and the DMCA.

    23. Re:For parents? by tomjen · · Score: 1

      at my school the tech refuses to touch the laptops, this is because if anybody gets busted the school cannot be held responsible.

      I never hope they come though - I run GNU/Linux but damm the only legal software on the students machines is oem version of XP.

      --
      Freedom or George Bush
    24. Re:For parents? by Some_Llama · · Score: 1

      "They sued him for "tampering" or some such none-sense."

      Which was funny since this is built into windows, usually when you put in a cd into the drive it will "auto run" (automatically play a music CD or install a program, etc...) but if you hold down the shift key it bypasses the windows "feature" (you can also disable this in the Drive's properties)

    25. Re:For parents? by kd5ujz · · Score: 1

      Cool, now I can find all of those misplaced movies.

      --
      -William
      God is everything science has yet to explain.
    26. Re:For parents? by ScrewMaster · · Score: 1

      The CEO of the company in question was upset because his stock price took a flying leap when the news got out. He withdrew the case when it became clear that that Elvis had, in fact, left the building and that there wasn't anything he could do to make his product marketable after that. But I can't say I felt any sorrow: I wouldn't have bought a disk with that crap on it anyway, but I was suprised that this guy was apparently unaware of the Shift-Key bypass. I think he needs to replace his software staff.

      --
      The higher the technology, the sharper that two-edged sword.
    27. Re:For parents? by Anonymous Coward · · Score: 0

      The MPAA and RIAA CANNOT stop piracy. Sure, they can stop you downloading their movies/music so easily, but the only way for them to stop piracy completely is to BAN all rental stores or stores that sell the legit dvds (sources of originals to copy from), and somehow stop the poor quality cams coming out of the cinemas. Even then I doubt it would work because someone would find a way of leeching from them.

    28. Re:For parents? by Nefarious+Wheel · · Score: 1
      I think he needs to replace his software staff.

      What, for not telling the marketing flacks who insisted on that spec they were being silly? I suspect a "white muntiny" (ref NOTB, Heinlein).

      --
      Do not mock my vision of impractical footwear
    29. Re:For parents? by tokabola · · Score: 1

      That day is really not far away. The latest Beastie Boys disc (among others) has something similar - it only affects computers, of coarse (windows and Mac computers to be precise). While the band and their label deny it installs any software (in one press release they both claimed it installed no software AND mentioned that there's an uninstaller included on the disc?) the disc contains an uninstaller program, and if you have autoplay enabled when you insert the disc it will install some files (some executable .dll's) and make several registry changes on a window pc, not sure what all it does to a Mac. This can be bypassed by holding down the shift key, if I recall, on a windows box or by disableing autoplay in general.

      As usual, this has absolutely no effect on *nix or BSD users

      This technology would work on a DVD also, of coarse only if you played it on a computer. However, one of Bill's (Gates) plans for DRM under the DCMA is to require this type of thing built into the hardware of all media capable devices, and could get that into congress this year.

      --
      Open Source for Open Minds
    30. Re:For parents? by Gregg+Alan · · Score: 1

      although it also said that you are not allowed to reverse engineer the product so even if you could prove that it does phone home, they could sue you for violation it's EULA and the DMCA.

      That's true, but they can't stop someone from watching network traffic moving in and out of their machine. Even if the payload was encrypted, the mere existence of it would be alarming.

      --
      Here before all but 8486 of you.
    31. Re:For parents? by Thing+1 · · Score: 1
      Myself, I definitely don't ANAL (although IMNAL).

      There was a (music) CD a year ago or so which did exactly this: if you put it in your computer, it would install some shit that broke your CD-ROM drive from being able to rip CDs.

      Holding down the shift key (or removing autorun from the Registry) would circumvent this, so the joke went that "teaching someone to hold down a key while inserting the CD could get you jail time."

      I don't think anyone went to jail. Least of all, the asshats who wrote the trojan.

      --
      I feel fantastic, and I'm still alive.
    32. Re:For parents? by cerberusss · · Score: 1
      also made available a new free software tool so parents can scan their computers

      There's probably support included. It'd be fun to call them en masse and log lots of bugs.

      --
      8 of 13 people found this answer helpful. Did you?
    33. Re:For parents? by AviLazar · · Score: 1

      What does the dll's & reg changes from the beastie boys cd do?

      --

      I mod down so you can mod up. Your welcome.
  2. Will downloaders of Gigli... by Anonymous Coward · · Score: 5, Funny

    ...be able to sue the MPAA?

    1. Re:Will downloaders of Gigli... by Anonymous Coward · · Score: 1, Funny

      Will downloaders of Gigli be able to sue the MPAA?

      i don't think the MPAA is reponsible for any medical injury caused by watching their movies.

    2. Re:Will downloaders of Gigli... by Anonymous Coward · · Score: 0

      If the MPAA really wanted to get them they would just need to release their names into circulation... Or email address...

    3. Re:Will downloaders of Gigli... by Anonymous Coward · · Score: 0

      It's under article VI of the EULA when you purchase the movie ticket, it's on the back in microscopic print... don't look at me like that. I got bored one day and put a movie ticket under a microscope.

    4. Re:Will downloaders of Gigli... by Sierpinski · · Score: 1

      Downloaders of Gigli automatically get a bed reserved for them in the local Hospital of the Mentally Diseased. The MPAA should force J-Lo to purchase it back and destroy it, much like Bill Cosby did for Leonard, Part 6. (Thank God there was no parts 1 -5)

    5. Re:Will downloaders of Gigli... by Ubergrendle · · Score: 1

      Apparently if you stop George Clooney in the street and tell him you paid to see Batman and Robin, he'll give you an apology and give you $10 back.

      It must be true since i read it in Wikipedia...

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    6. Re:Will downloaders of Gigli... by DeepDarkSky · · Score: 1

      ...no, but those who paid to see it in the theaters should be able to file a class action suit.

    7. Re:Will downloaders of Gigli... by j.bellone · · Score: 1

      gobble, gobble...

      --
      I'm f#$king magic!
    8. Re:Will downloaders of Gigli... by Anonymous Coward · · Score: 0

      That is very funny,
      but hey, I like the movie.
      Excellent jacking material

  3. These guys just don't get it... by William_Lee · · Score: 1

    You hear that MPAA/RIAA?... That is the sound of inevitability... It is the sound of your death... Goodbye, MPAA/RIAA...

    1. Re:These guys just don't get it... by sgant · · Score: 1

      Yeah, that's a great scene. Just downloaded that last week.

      WAIT...um...no. I have the DVD of Matrix. Yeah, right here. Yes-sir...nothing to see here.

      (scrambles to put on coat to head to Wal-Mart and buy a copy...better make that two just to be sure).

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    2. Re:These guys just don't get it... by DaHat · · Score: 3, Insightful

      What don't they get?

      Do you think the MPAA and RIAA should stand idly by and not care when people download and enjoy (or hate) for free all of their products?

      I'd say they understand it pretty well, there is a % of DLers who get for free what they would ordinarily buy, and they want that % paying them for the same thing (music, video, etc). If they stand around picking their rears, many will see it as an endorsement of DLing.

      No, they must protect their copyrights and interests, like it or not, nice or not. It is the only way.

    3. Re:These guys just don't get it... by nine-times · · Score: 1

      So what are you saying? The MPAA and RIAA will find that they have super powers and they'll defeat consumers, only to then star in two crappy sequals?

    4. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      If I can't download a movie I want, I definitely will not be buying it. I can't afford it.

      The MPAA does not lose money because I never had any plans to buy in the first place.

    5. Re:These guys just don't get it... by chris09876 · · Score: 1

      The problem is the downloaders wouldn't ordinarily buy it. There have been occasions where I've downloaded a movie, loved it, and then gone out to buy the DVD. I don't buy many movies, but in the recent years, the ones I have purchased are BECAUSE I downloaded them first (and wanted the extras and better quality).

    6. Re:These guys just don't get it... by Neil+Blender · · Score: 1, Insightful

      If I can't download a movie I want, I definitely will not be buying it. I can't afford it.

      The MPAA does not lose money because I never had any plans to buy in the first place.


      And that justifies you being able to get it for free? Setting aside your idiotic logic, you are stealing you fucking fucktard.

    7. Re:These guys just don't get it... by superpulpsicle · · Score: 1

      The biggest problem is overseas countries like Russia, China, HK. The pirating problem in the U.S is on the smallest scale in comparison. People down there get the NTSC copies before their PAL version comes out.

      The whole region lock and anti-piracy FBI screen is bullshit. MPAA and RIAA spend all their time and money pumping out garbage albums with 2 songs, too many sequels and plotless special Fx films. This industry need a serious fix.

    8. Re:These guys just don't get it... by cdrguru · · Score: 1
      Sounds to me like the answer is better-quality downloads. That would eliminate the retail market for movies completely. Right?

      See, what people don't understand is we're mid-way on a journey between "paying" and "everything is free". So, right now low-quality is free and high-quality is paid for. When we finish the journey, high quality will be free and available to everyone.

      The questions are (a) who will be producing all this free stuff, and (b) what suckers will be paying when they could have it for free? The MPAA and RIAA have quite a stake in the answers to these questions, even to the point of wanting to stop the bus before it gets to the "everything is free" point. Once we're there and slowly but surely run out of suckers that pay, their usefulness is at an end. Of course, their usefulness may come to an end long before that because most of the producers will see where things are going and sell hot dogs instead.

    9. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      How do you steal bits and bytes? Did I break into MPAA headquarters and stole them?

    10. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      Stealing what? Bandwidth from my ISP? but I paid for it, your stealing-pirate argument is more stupid than the grand-parent is.

    11. Re:These guys just don't get it... by bcattwoo · · Score: 1
      The problem is the downloaders wouldn't ordinarily buy it.

      Sure they wouldn't ordinarily buy it because they can get it for free. This argument sounds like a major cop-out to me. I am inclined to think that if they couldn't get ANY movies off of the net, then they would probably pay to go see, rent, or buy a movie once in a while. This argument might be analogous to sneaking into a movie theater without paying. Nobody loses anything as long as the theater wasn't going to fill up anyway and you weren't planning on seeing the movie otherwise, right? I am sure that the manager of any movie theater, concert, or sporting event would find that argument very convincing.

    12. Re:These guys just don't get it... by Anonymous Coward · · Score: 0
      Setting aside your idiotic logic, you are stealing you fucking fucktard.

      Browsing at -1, are we?

    13. Re:These guys just don't get it... by Kythe · · Score: 1, Insightful

      And that justifies you being able to get it for free?

      There's no justification needed. The only "justification" involved in this issue is the "justification" for copyright protection in the first place: the Constitutionally-mandated purpose of encouraging the arts and sciences. Actions that don't run afoul of this goal don't require "justification"; they are allowed by definition as a form of free exchange of ideas and information protected by the First Amendment. The Founders were pretty explicit about this: information and ideas were protected from government interference except for certain narrowly-defined purposes. A loophole, perhaps, but a relevant one that goes to the heart of the matter.

      I'm sorry, but this simply doesn't qualify as "stealing", no matter how much you might like to think otherwise. To steal something, someone must be deprived of property that they would otherwise have had. And if there was no chance said someone would have received payment (i.e. the person allegedly doing the "stealing" could not have paid), then again by definition, no one has been deprived of anything. QED.

      --

      Kythe
    14. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      Browsing at -1, are we?

      I always browse at -1. It's the only way to fly.

      NB.

    15. Re:These guys just don't get it... by jdray · · Score: 1

      What we need is a different system of distribution all together, one that has appeals to the sensibilities of both producer and consumer. For those without sensibilities, move along, there's nothing here for you to see. For the rest, I offer this shameless plug to my somewhat dated (last October) blog post on the subject. At any rate, theft is not the answer, no matter what you think of the people owning the goods.

      --
      The Spoon
      Updated 6/28/2011
    16. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      The thing is, my new 8Mb/s link is so expensive, I just can't afford any movies or music. My only choice is to download 'em for free... extremely quickly on my new 8Mb/s link as it happens...

    17. Re:These guys just don't get it... by Neil+Blender · · Score: 1

      According to your logic, I should be able to walk into a movie theater and watch a movie without paying. What does the theater lose? Nothing material.

      You can justify your theft however you like, but taking something, anything (physical or electronic) that isn't yours without consent is theft.

    18. Re:These guys just don't get it... by Tepshen · · Score: 1

      its stealing yeah but I dont see any difference between downloading the thing or recording it when its on TV or Tivo. Its just faster. If they were smart they would just figure a way to make profit off this new medium rather than be retards about technology they cannot control. The Pr0n industry is already well along with virtual movie theatres (so I hear anyway...) theres no reason why the MPAA cant do it as well.

    19. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      False analogy. The movie theatre has a limited physical resource that you purchase (a seat) to watch for the length of a film.

      I do not think this qualifies as theft either (I believe the technical term is tresspassing, something that involves actual physical, however, your logic is full of holes.

    20. Re:These guys just don't get it... by pixelpusher220 · · Score: 0

      Lets not get stuck on legal definitions of 'stealing'. No physical object changed hands but the concepts are still perfectly valid

      The 'Constitutionally-mandated' purpose of Copyright you speak of IS how the movie makers were deprived of their payment. Since the 'Constitution' gives the creator the exclusive rights to the movie in question, any other use of the movie is a *loss* for which they are Constitutionally entitled to have received payment.

      After the copyright period expires (exclude the separate issue of extending this period) then downloading the movie for free is legitimate. Until then however, unless the copyright owner releases it into the public domain there's no 'legal' way to watch said movie.

      There are many arguments involved here as to whether the system is good or bad, works or fails miserably. There is, IMHO, no support for your argument that the company wasn't deprived of their legally expected compensation for the use of the movie by someone who couldn't/didn't pay for it.

      Here's a brick and mortar example that applies to this issue: Music concerts/Drive-In Movie Theaters, by your logic if you can't afford to pay it's totally ok to go outside the back fence of the theater/ampitheater and watch the show/movie from there. Nobody has been deprived of anything right? If you argue that the theater owners could put up a big wall to keep people from doing that...that's what the current DRM is trying to do.

      It's 'intellectual property' and until you have some of your own you are selling and someone else starts giving it away for free I doubt you'll see the point. If you/I/people don't like the system, change it, but it doesn't excuse breaking the law before that time arrives.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    21. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      How do you steal an arrangement of 0's and 1's? Did someone break into MPAA offices and "steal" pure electrons?

    22. Re:These guys just don't get it... by Txiasaeia · · Score: 1

      Of the five last movies I downloaded, I purchased all five of them. DVD prices are so ridiculously low right now that it doesn't make any sense to *not* buy anything that you're interested in. Napoleon Dynamite is worth its weight in gold, for example. It's so sweet. It's totally... awesome. It's incredible.

      --
      Condemnant quod non intellegunt.
    23. Re:These guys just don't get it... by pixelpusher220 · · Score: 1

      now now AC, don't be so literal. See my in this thread, how about an outdoor music concert and sitting outside the back of the venue. You can see and hear the entire show for free as anyone who had paid could. Who has been deprived of anything? Only the Intellectual Property owners putting on the show.

      It's still stealing/theft/deprivement of expected compenstion/whatever, it's still *wrong*.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    24. Re:These guys just don't get it... by Txiasaeia · · Score: 1

      Bad example, as movie theatres make most of their cash off of the concessions and not the ticket prices. Don't believe me? A 600mL bottle of Coke costs about eight cents to make (not including bottle). Translate that into the prices at the theatre.

      --
      Condemnant quod non intellegunt.
    25. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      This isn't a legal definition, this is a linguistic definition. You can't steal a song becuase the song isn't physically manifested "thing" that can only be created with limited resources. An MP3 or MPG of a movie or song only exists as a logical arrangement of electrical on and off patterns. You can't steal an abstract arrangement of electricty.

      I'll let the grandparent poster deal with your other arguments.

    26. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      If you are not on the physical property that they own then there is no theft.

      If I live next to a public outdoor performance venue and can constantly hear the various performances that are occuring, am I stealing?

      By your logic, I should have to put on sound-dampening ear-muffs to not be stealing.

    27. Re:These guys just don't get it... by Neil+Blender · · Score: 3, Interesting

      Bad example, as movie theatres make most of their cash off of the concessions and not the ticket prices.

      Ah...see, you are slowly shifting to the 'why it's okay to steal music' argument. "Artists make most of their money from concerts, not cds so that justifies stealing music off the web. If it's good enough, people will go see them live, if not well, they suck and deserve nothing." Your argument only holds water if the movies are free to begin with. Even if they make most of their money off concessions, they still charge $10 to get through the door.

    28. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      What dont they get?

      They dont get that people are not going to stop transfering files over the internet. Movies or otherwise.

      They dont get that I am not going to suddently start buying DVD's and going to the movies.

      They dont get that we have decided the billions they have made is enough already, and the rest of the world is going to watch the damn movie for free whether they like it or not.

    29. Re:These guys just don't get it... by Psmylie · · Score: 1
      Walking into a theater and watching a movie without paying wouldn't be theft, but it could be trespassing (depending on how you got in). Similarly, downloading a movie without paying for it is not theft, but it could be copyright infringement, depending on the circumstances. By calling it "Theft", movie studios and record companies are trying to make it seem like a much more sinister issue then it really is.
      I'm not saying downloading someone else's content without their consent is ok, but let's call it what it is. The problem is (for the MP/RIAA), "Copyright infringement" does not have the same dramatic ring as "theft" or "pirating"

      Now that I think of it, simply downloading music, movies, or whatever does not violate copyright. It's the unauthorized distribution that is against copyright, not the unauthorized acquisition.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    30. Re:These guys just don't get it... by Txiasaeia · · Score: 3, Insightful
      "Your argument only holds water if the movies are free to begin with."

      And if *I* were the MPAA, I would seriously consider this: no ticket sales, profit-sharing with concessions, Hollywood pays a percentage of the actual theatre buildings, etc. I'm sure they could get their money back and this way they could compete with the other "free" way to make music. I know that Famous Players has reduced their ticket prices (this week, AFAIK) instead of driving them up, which is definitely a reaction to p2p. What's going to happen in the future with the next generation of broadband technology?

      I can already download an entire movie in just under an hour, which is sometimes how long it takes to get everybody packed up, in the car, purchase the tickets, get through the concession stand, find a seat, and then wait through 20 minutes worth of commercials. If the MPAA doesn't adapt, and I mean *now*, they're going to lose out on an entire generation of movie-goers. My friend's younger brother (11) hasn't been to the movies in three months, but in that time he's downloaded at least two or three movies a week, simply because it's so easy.

      Music CDs are a different argument, because it's much more difficult to see a band live than it is to see a movie in virtually any city in North America, so no, I'm not going in that direction.

      --
      Condemnant quod non intellegunt.
    31. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      No, they must protect their copyrights and interests, like it or not, nice or not. It is the only way.

      No, it is not the only way. They should neither ignore the issue nor address the issue through lawsuits and the making of stupid laws.

      They should adjust their business model to one which better fits the current technological landscape.

      Such as, for example, targeting theater runs as their primary revenue stream and adding value APART FROM the digital content to their purchase offerings.

      You know, like concept art and production notes and decorative cases and high-quality storage media and so forth.

      Of course people will pay for it. We learned this lesson already from the whole "OMG VCR's will destroy the industry" lie a while back.

      Computers copy data. Thats what computers do. Trying to pass laws to control this is like requiring square pegs to fit into round holes. The MPAA should step forward, rather than attempt to hold the whole world back.

    32. Re:These guys just don't get it... by Anonymous Coward · · Score: 1, Interesting

      You seemed to have missed the posters point.

      The theater charges ten dollars to walk through the door, all of which goes to the movie producer. The theater doesn't get to keep those ten dollars.

      Money is a necessary incentive for the production of high quality intellectual content, yes. If nobody ever forked over a dime for a movie, then only hobbysts would ever make movies, and they would all suck. Both true. However, there are BETTER WAYS of insuring that movie-making remains profitable than trying to make data-copying (the computer's natural function) illegal.

      If you can't think of such better ways, that doesn't mean that such ways don't exist. In fact, several such better ways have been enumerated on this very site, so I shan't repeat them here.

    33. Re:These guys just don't get it... by Anonymous Coward · · Score: 0
      I just can't afford any movies or music.

      If you live near a decently stocked library, just check some out from there. Of course, that assumes you're not afraid to venture outside.

    34. Re:These guys just don't get it... by dmarx · · Score: 1
      Do you think the MPAA and RIAA should stand idly by and not care when people download and enjoy (or hate) for free all of their products?

      No, I don't think that. I do think that the potential damages and settlement amounts are vastly disproportionate to the gravity of the offence. This is the Internet equivilent of a speeding ticket, the damages should be at that level.

      --
      "Do I dare disturb the universe?"
    35. Re:These guys just don't get it... by Anonymous Coward · · Score: 0


      Now that I think of it, simply downloading music, movies, or whatever does not violate copyright. It's the unauthorized distribution that is against copyright, not the unauthorized acquisition.


      Actually, it is unauthorized copying. (which you do when you download)

    36. Re:These guys just don't get it... by Anonymous Coward · · Score: 1, Interesting

      According to your logic, I should be able to walk into a movie theater and watch a movie without paying. What does the theater lose? Nothing material.


      No, you have mis-applied that logic. A movie theater is a persistent physical entity. It requires maintenance (which costs real money) and property taxes (which also costs real money). Just keeping it costs the owner something substantial.

      Your non-contributive use of it not only increases wear and tear (hence real costs) but reduces the space available for paying users.

      This is very, very different from making a copy of digital material the production of which is a sunk cost. Your duplication of said material does not increase wear and tear on the tangible property, nor does it prevent buyers from paying for it.

      The differences are obvious, and you can't rationalize them away.

      (Yes, I know that if one cannot make a profit from movie making, one will not make good movies. What is needed is an adjustment of the business model to match current market needs, rather than an adjustment of the real world to match a business model).

    37. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "This is the Internet equivilent of a speeding ticket, the damages should be at that level."

      Like an American speeding ticket, where it's a couple of hundred bucks, or like a Swedish speeding ticket, where it is some percentage of your income?

      Maybe you could do a hybrid -- a couple of hundred bucks, then multiply by the percentage of your bandwidth usage that is used to download movies or something...[/sarcasm]

      --

      "That's not even wrong..." -- Wolfgang Pauli
    38. Re:These guys just don't get it... by laughingcoyote · · Score: 1

      It depends. If the property you are sitting on and doing so is PRIVATE, they can throw you off of their REAL private property for any reason they like. However, if a public park adjoins the drive-in theater, they do NOT have the right to clear out the park at every showing.

      When the movie theaters release a movie into the public sphere, they KNOW that people who didn't pay for it will see it along with those who do. This is an attempt to clear the park. Even if downloading didn't exist, what if I purchased (or rented) a movie, and invited 50 friends to see it?

      --
      To fight the war on terror, stop being afraid.
    39. Re:These guys just don't get it... by Lew+Payne · · Score: 2, Insightful

      |
      | The problem is downloaders wouldn't ordinarily buy it.

      That's not a problem. Preventing downloaders from downloading copyright material/music
      which they would otherwise not purchase is not unreasonable. Just because you would never
      buy an item doesn't grant you license to steal it.

    40. Re:These guys just don't get it... by Neil+Blender · · Score: 1

      The theater charges ten dollars to walk through the door, all of which goes to the movie producer. The theater doesn't get to keep those ten dollars.

      Utter bullshit. No theatre would run without some take of the door. You slashbots can sit around and make shit up all day, but that doesn't make it true or right or the law or a logical interpretation of the constitution. All it is, is you trying to justify criminal acts. Downloading movies or music off the net without consent is theft. There are no two ways about it.

    41. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      I am inclined to think that if they couldn't get ANY movies off of the net, then they would probably pay to go see, rent, or buy a movie once in a while.

      Or they could do without it.

      I agree with you, I really don't buy into the BS "I wasn't going to payfor it anyway" excuse. If they really want to claim that then they shouldn't have or use the stuff at all.

    42. Re:These guys just don't get it... by h4x0r-3l337 · · Score: 1
      If I can't download a movie I want, I definitely will not be buying it. I can't afford it.

      You can't afford to buy (or rent, or go see at the movies, presumably) a movie, but you can afford a computer and broadband access? Gimme a break. That's just another lame variation of the old "I can't afford to pay for software"-argument. Maybe if you didn't insist on getting the latest and greatest graphics accelerator every 6 months, there'd be some money left for the software!

    43. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      wrong you retard.

      it is a perfect anology if there is an empty seat in the theatre.

      If I take a seat that would otherwise not be taken during a movie that is already being shown I have deprived the theatre of NOTHING although I think we can all agree I am stealing a movie.

    44. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "They should adjust their business model to one which better fits the current technological landscape."

      Why should they have to adjust their business model? It's THEIR business model, not yours. Presumably, if they couldn't make money with their current business model, they would change it.

      And why shouldn't they use laws and lawsuits -- everybody else does. If a supermarket is subject to a lot of shoplifting, do we expect them to "change their business model" to adjust to a "current shopping landscape?" Of course not -- we let them enforce the shoplifting and theft laws, maybe we even get new laws put into place. Presumably if the supermarket STILL couldn't make money, they would either a)change their business model, b)close up shop, or c)move somewhere else where they could make money.

      Not an exact analogy, I agree. But the consumers don't have the power to tell a seller how they should "change their business model" except in two ways -- lobby for changes in the laws that allow the businesses to maintain profitability even in the face of changing times, or boycott the services or products.

      Now maybe in Soviet Union, business model adjusts to consumers...

      "Such as, for example, targeting theater runs as their primary revenue stream and adding value APART FROM the digital content to their purchase offerings."

      Maybe it's more profitable for the movie houses to target theaters AND DVD's equally -- why should they have to choose one or the other, just because you (and others) don't want to pay for either? Maybe fast food restaurants should focus on dine-in customers, and fancy packaging and advertising for their food, and make the dine-in parts of their restaurants really stylish, and then let the drive-through people eat free.

      And besides, would you be willing to go out and buy the "concept art" and "production notes" and "decorative cases" after you've already obtained the movie for free? Beyond that even, why should they have to provide "added value" to something in order to sell it? Does a car dealership need to add "something extra" in order to sell trade-ins? Maybe the car dealership should concentrate on new cars as their primary revenue stream, and used cars should be given away, unless the dealer adds some value, perhaps via an undercoating process or scotch-gaurding the interior or something.

      "Of course people will pay for it. We learned this lesson already from the whole "OMG VCR's will destroy the industry" lie a while back."

      Well, what we didn't learn from the VCR days is that if every VCR had been able to make many, many, many perfect duplicate copies of any tape and allow for near-instantaneous worldwide distribution of those copies, whether that would have destroyed the industry or not.

      I know these analogies and such are a bit 'extreme' and not completely accurate (BEST HYPERBOLE EVER!), but I guess I just don't understand this notion that it is somehow "okay" to use illegal means to drive a legitimate enterprise in a certain direction, with the promise that the illegal activity will stop once the enterprise gets there. It's like speeding -- everyone says "hey, everyone speeds, if you raise the speed limits to something reasonable, we'll all be happy." Speed limits went from 55 to 65 to 70, now everyone in CA drives 80 or 90...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    45. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "They dont get that we have decided the billions they have made is enough already, and the rest of the world is going to watch the damn movie for free whether they like it or not."

      Who's we? And why are "the billions" enough? Why not a hundred million. or even ten million? When is enough reached? Who gets to decide? If "we" decide that you should make no more than, say , $10,000 a year, that's okay with you, because "we" decided that that's enough and the rest of the world should be able to benefit from your labor for free, whether you like it or not?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    46. Re:These guys just don't get it... by einhverfr · · Score: 1

      What don't they get?

      Simply put, suing your customers is not a recipe for success. Good luck to them. I hope they are wildly successful in decreasing demand for proprietary content in general.

      I don't endorse copyright infringement. Indeed, when it comes to software, such infringement is I think the greatest obstacle to open source. Similarly, I think that this is creating circumstances which will allow Open Content music and later even movies to grow and thrive.

      --

      LedgerSMB: Open source Accounting/ERP
    47. Re:These guys just don't get it... by Tooxs · · Score: 1

      'By calling it "Theft", movie studios and record companies are trying to make it seem like a much more sinister issue then it really is.'

      Kind of like refering to the **AAs as an "ANTITRUST". Because we know their really not. Their just misunderstood by us lowly "CONSUMERS".

    48. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "what if I purchased (or rented) a movie, and invited 50 friends to see it?"

      Then you would be violating the copyright holder's right to control the public performance of their work, 17 U.S.C. 106(4), and liable for copyright infringement.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    49. Re:These guys just don't get it... by dogbowl · · Score: 1

      I'm the customer .. I dictate to the companies what thier businees model is. Otherwise, no business for you!

      --

      These pretzels are making me thirsty.
    50. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      No, not really.

      Letting you hang out there and watch the movie if it didn't sell out is the sole discretion of the theater, not the MPAA.

    51. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      They should change their business model because it will become unsustainable soon. When you can transfer 1000 movies or a million mp3s in few seconds you can trade entire content collections instead of individual pieces. Right not it's inconvenient for non-technical users to download content. If your buddy sent you an email with every movie and album produced this year, would you delete it?

    52. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Do you think the MPAA and RIAA should stand idly by and not care when people download and enjoy (or hate) for free all of their products?

      Yes. Why should they waste their time and effort making up for the mistakes the distributors make?

      "What? You sold copies of our movies to pirates?"

      If anything... hold the inept distributors responsible for selling it to people who are known to copy movies.

      --
      fast as fast can be. you'll never catch me.
    53. Re:These guys just don't get it... by computational+super · · Score: 1

      Actually, I did quite a bit of that when I was too young and too poor to pay for the movie (one guy pays, sneaks around to the emergency exit, lets four of us in). IIRC, the penalty for getting caught was getting thrown out, not five years in prison and a $100,000 fine. They certainly didn't call it "piracy" or "theft" or anything like that... even if your analogy was a good one (and as other posters have illustrated, it's not), you're still pointing out that the punishment doesn't fit the crime re: downloading.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    54. Re:These guys just don't get it... by Jah-Wren+Ryel · · Score: 1

      Cite: CNN circa 2002
      During the film's opening week, the studio might take 70 to 80 percent of gross box office sales.
      By the fifth or sixth week, the percentage the studio takes will likely shrink to about 35 percent.


      Unfortunately for you, the rest of your tired rant does not follow.

      --
      When information is power, privacy is freedom.
    55. Re:These guys just don't get it... by SilverspurG · · Score: 1

      I should be able to walk into a movie theater and watch a movie without paying

      By your logic, the MPAA/RIAA should put armed guards at every distributor to shake down everyone who buys a CD,"You're not going to take that home and put it on the 'net, are you?"

      Don't like piracy? DON'T SELL TO PIRATES. Quit prosecuting the customers at the marketplace.

      If I steal a stereo, and legitimately sell it at a pawn shop, can the pawn shop owner or the next person who buys the stereo be charged with theft? I hope not.

      --
      fast as fast can be. you'll never catch me.
    56. Re:These guys just don't get it... by derF024 · · Score: 1

      See, what people don't understand is we're mid-way on a journey between "paying" and "everything is free". So, right now low-quality is free and high-quality is paid for. When we finish the journey, high quality will be free and available to everyone.

      Actually, with regards to television, it's the reverse. I personally can't legally watch/pay for the TV shows I enjoy in HDTV because the area in which I live has no broadcast HDTV stations, and no real availability of HDTV content via cable. In addition, I don't own an HDTV tuner (I would if there was content available.)

      But I can download HDTV copies of the shows I like shortly after they air for free, and watch them on an LCD screen that all but the most expensive TVs can't touch quality-wise.

      I do, however, continue to pay for cable TV for things like news and older syndicated content that isn't available in higher quality online. I also have a subscription to blockbuster's DVD rental service to watch movies I'm interested in. I think I'd easily pay a similar (or higher) fee for legal downloadable HDTV television shows.

    57. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      You really are a retard aren't you?

      And if the theatre says no?

      Have I done anythign wrong yet.

      I cry "NAZI HOLOCUST"

      The MPAA is opressing me.

      It is civil disobedience.

      You sir, should do us all a favor and shoot yourself in the head.

    58. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "If your buddy sent you an email with every movie and album produced this year, would you delete it?"

      With the download speed I have at home, I would never get it in the first place...

      But the answer is, I probably would. I don't watch movies or listent to music on my computer, and I would rather just buy a DVD or CD then have to worry about burning my own DVD's and CD's to play elsewhere. Admittedly, I am in a position where the cost of a DVD or CD isn't really an issue, but the fact is, I don't really watch all that many movies anyway, so buying or renting a few DVD's just isn't that big of a deal.

      "They should change their business model because it will become unsustainable soon."

      I agree that if their current business model becomes unsustainable, they will probably change it, and should change it -- its the right thing to do for a for-profit organization. But this whole "we're gonna download whether they like or not, they need to change" mentality, where the implication is that you will stop an illegal activity if they promise to do something you want, sounds kinda like blackmail to me.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    59. Re:These guys just don't get it... by Blakey+Rat · · Score: 1

      Then try to CHANGE the law to allow "trial downloads" instead of simply BREAKING the law and opening yourself up to lawsuits.

      That's what pisses me off. If everybody who's illegally downloading music and movies right now would, instead, either run for office on that platform, or start a letter-writing campaign, or just write a letter themselves... well, you'd see the law changed a hell of a lot quicker. But breaking the law doesn't change anything.

    60. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      I think it's more "We're going to do whatever we want unless there's a good chance of getting caught. It'd be sweet if you changed your business model and stopped trying to catch us, but in the meantime, fark you!"

      I think RIAA/MPAA are absolutely justified and I would do the same thing in their shoes. I also think they're screwed in the long run anyway. I wouldn't want to be getting into that industry. Copying bits can only get faster and easier.

    61. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Then try to CHANGE the law

      That falls under my right to pursue my own line of work rather than wasting my time on politics. It's not my fault there are bad laws. Until someone fixes them I'm going to ignore them.

      --
      fast as fast can be. you'll never catch me.
    62. Re:These guys just don't get it... by laughingcoyote · · Score: 1

      Excellently said, it's a shame I'm out of mod points.

      When the users are paying for the costs of bandwidth, media, electricity, and every other cost of distribution, that is a far different scenario then a movie theater owner who is paying rent for the building, electricity for the lights, maintenance on the projector, cleaning for the floors/seats, and even water if you have to use the bathroom...I could go on. The point is, real, physical property != digital, intangible files.

      --
      To fight the war on terror, stop being afraid.
    63. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      They can be charged with possession of stolen property regardless of if they knew it was stolen or not.

    64. Re:These guys just don't get it... by PriceIke · · Score: 2, Insightful

      The fact that we have to sit through commercials before movies begin pisses me off to no end. That's abuse of their customers. Ticket prices continue to go *up* and yet they shove more and more commercials into that timespace before the movie starts. Used to be, you would pay a few bucks for a movie ticket, and see the movie. Now, not only do we have to pay three times that amount to get in, we have to put up with forced marketing messages.

      If I've paid for my movie ticket, I don't need to see no damn commercials. If they're going to show us commercials, then don't sell tickets.

      Forgive me if I can't seem to muster any tears for those poor movie studio execs who are going hungry because of p2p.

      --
      It's not a lie. It's the truth with lossy compression.
    65. Re:These guys just don't get it... by PriceIke · · Score: 1

      Uh, bullshit. If it's invitation-only, and viewed on private property on privately owned equipment, it's not public. What are you saying, there have to be legal limits now on how many people I can invite over to eat pizza and watch a movie?

      --
      It's not a lie. It's the truth with lossy compression.
    66. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Now, not only do we have to pay three times that amount to get in, we have to put up with forced marketing messages.

      You're supposed to appreciate the extra content. Like software that costs $200... because "It can do all these extra things". Useless add-ons to justify higher prices in the interest of profit is pretty common in the world. See insurance and service plans. :)

      --
      fast as fast can be. you'll never catch me.
    67. Re:These guys just don't get it... by PriceIke · · Score: 1

      File sharing results in MORE SALES. The RIAA/MPAA refuse to acknowledge this. Thank god somebody isn't afraid to research this and then say so.

      --
      It's not a lie. It's the truth with lossy compression.
    68. Re:These guys just don't get it... by kardar · · Score: 1

      There does need to be some kind of control. Either copyright means something or it doesn't.

      I think perhaps one of the problems is something that is kind of a cultural thing, at least in Hollywood it is, perhaps in other countries as well. You can see it in The Passion, sort of... the arrghhh "tough guy", "no pain no gain" approach to physical pain that the movie takes. Kind of an epic, grueling adventure, a manly, grizzly adventure.

      I was reading this book called the Diamond Sutra, which is an old buddhist text. They were describing how through meditation and peace of mind you can avoid physical pain, and therefore avoid the controlling factors that evil rulers and evil empires try to control you with. I think that The Passion missed this aspect entirely. Wouldn't it be the ultimate rebellion against the crucifiers if the crucified felt no pain? Wouldn't that be the ultimate undermining of the immoral grab for power, the exploiting of human fears of pain for political gain? There are powers of the human mind that many societies (including Hollywood and its fans) don't understand. I don't think that it's unreasonble to wonder about how much pain Jesus actually felt - we may never know; but one thing I do know is that it's unreasonable and "isn't it just like Hollywood" to exaggerate it..

      So it's this heavy-handed, power-driven image that makes it hard to take these MPAA guys seriously. It's not so much about the copyright, it's more about the "how", the way that they are approaching it - cracking down, no mercy -- that kind of attitude. The "tough guy" approach. Asking people to do something so they don't get hurt, just like your local mafia people.

      What they should do instead is make it easy on everyone and adapt to the change - use their brains, not their muscles. Instead of acting like gorillas in a zoo, perhaps they should use intelligence to combat this problem. Of course there are no easy answers; but there is much to be gained from finding answers that do work; look at the success of iTunes, for instance. I think Netflix has the right idea; they are heading in the right direction.

      You have to change the culture - the way the culture is now, people just eat up anything they are given, and this makes it very easy for p2p to come in and hand them freebies. Many people just don't think very much when it comes to their choice of films that they are going to watch, and so it follows that they don't think very much in regards to distribution channels that they are going to use - p2p is being handed to the masses on a silver platter, and in the usual unthinking way, the masses accept it, because that's just the way it is done.

      If people were to think a little more critically about the films they have available to them, at the theaters, local superstores, and brick and mortar rental outlets, they might realize that most of them kind of suck. In the same way, if people were to think a little more critically about the distribution channels they have available to them, they would realize that p2p sucks because it doesn't channel money back to the people who put their hard work into the movie, and they would look for a better way that avoids price fixing and limited selection.

      The problem is that the movie-going masses are being spoon-fed whatever Hollywood puts out, and they gladly eat up whatever that might be. Until you change this situation, by bringing in fresh talent, by avoiding obligatory multi-million dollar production costs, you won't be able to stop people from thoughtlessly accepting the p2p distrubution methods they are being spoon-fed.

      Smaller production companies and independent films cannot compete with the multi-million dollar productions, the massive CGI budgets, and those production companies that can are getting the moviegoers accustomed to these kinds of things. This allows them to spoon-feed any content they like, provided that many millions of dollars have been spent. Moving the focus to the content of the films, the messages that the films

    69. Re:These guys just don't get it... by randallpowell · · Score: 1

      Why not make a knock-off of iTunes but for films. CHarge $3 for a download, sell an expensiv, portable movie player that only works with the download service and dive into that pile of cash with corporate whores? Copyrights maintained, people can get the films cheap and on the go. Minus the whores.

    70. Re:These guys just don't get it... by PriceIke · · Score: 1

      > But this whole "we're gonna download whether they like or
      > not, they need to change" mentality, where the implication is
      > that you will stop an illegal activity if they promise to do
      > something you want, sounds kinda like blackmail to me.

      Why should it be illegal for customers to respond to the RIAA's price gouging by circumventing the RIAA's expensive distribution channels? Must all customers forever be at the mercy of media congomerates? No, and they're not going to be, no matter how many lawsuits are wrought. P2P filesharing is a direct response to the price-fixing and unfair, unethical practices with which the RIAA/MPAA abuse their legal customers, and lawsuits are used to enforce these practices. The truth of the matter (from where I sit) is that the collective power of the consumer base will eventually force media conglomerates to reorganize their business model in such a way that best addresses their customers' needs. The internet and p2p filesharing has tipped the scales of influence back to the individual, and that is a good thing. Without any power (a.k.a. choice), all the consumer can do is lay there and get fucked.

      The MPAA/RIAA are clutching greedily to their outmoded and obsolete business model with the claws of lawyers, but eventually they will realize that they are losing money and alienating consumers, and a new generation of corporate leaders will soon realize this and fix the problem. That's when all this so-called "piracy" and "theft" will cease to be an issue.

      --
      It's not a lie. It's the truth with lossy compression.
    71. Re:These guys just don't get it... by SilverspurG · · Score: 1

      But this whole "we're gonna download whether they like or not, they need to change" mentality, where the implication is that you will stop an illegal activity if they promise to do something you want, sounds kinda like blackmail to me.

      This pee is mine. This is my product. I sell it for $1 x 10^50 per milliliter. I distribute this pee into the public water supply relying on you water drinkers to honestly come back to me and pay for it. When you don't, I'm going to hunt you down and sue you. Even if you only drank one molecule of my pee, you still owe me somewhere around $2000.

      Oh? What's that? You're going to continue to drink water without paying me until I decide to lower my price for my pee?

      --
      fast as fast can be. you'll never catch me.
    72. Re:These guys just don't get it... by Paco04101 · · Score: 1

      Well said. Same goes for cable/satellite TV, what the F$&#* ?! Definitely feels like we're paying twice.

      And they already figured out how to make extra $ from all that "product placement" crap IN the show/movie (e.g. all the actors are drinking Pepsi (C) or saving the world with their Apple (R) laptops...)

    73. Re:These guys just don't get it... by Paco04101 · · Score: 1

      First of all if you are standing OUTSIDE the property of the drive-in movie theater, looking in, that is and should be perfectly legal. It is their lightsources that exit their property, you are just capturing them with your eyeballs once it's in the public domain. (As opposed to your eyeballs traveling through the air onto their screen).

      And yes if they want to build a better fence, as long as it is on their property that is perfectly fine. But I don't need them telling me I need to poke out my eyeballs/wear extra dark sunglasses/or stay off the public streets so I don't accidentally catch a glimpse of their precious movie.

    74. Re:These guys just don't get it... by Paco04101 · · Score: 1

      It IS complete bullshit but not doubt that's what the **AAs want you to believe.

      And to all these people arguing for them: the next time you go rent a movie with your wife/girlfriend, remember to rent two copies otherwise you're breaking the law !

    75. Re:These guys just don't get it... by tomjen · · Score: 1

      I have to agree - the only bad thing about -1 is all the people complaning about moderation.

      --
      Freedom or George Bush
    76. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      I went to House of Flying Daggers last week and missed the first 15 minutes when the cinema, much to my surprise, did not show 20 minutes of commercials. They seem to be adapting, finally.

      Great movie, BTW, and the first one since Return of the King that doesn't work on a 21".

    77. Re:These guys just don't get it... by Macadamizer · · Score: 1

      17 U.S.C. 101:

      "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.

      To perform or display a work "publicly" means--

      (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

      (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

      So, I guess if you can prove that your "50 friends" is not "a substantial number of persons outside of a normal circle of a family and its social acquaintances" then bullshit it is, otherwise, bullshit it is not.

      Further, "privately-owned" doesn't figure into this at all. See, for example, the West Annotated Federal Code for 17 U.S.C. 101:

      "Performance of copyrighted musical compositions in defendant's private club without permission from plaintiffs or representatives violated Federal Copyright Act, although defendant's establishment was classified as private club under Kansas law, as musical compositions were "publicly" performed as defined under Act. Ackee Music, Inc. v. Williams, D.Kan.1986, 650 F.Supp. 653"

      So yes, there are legal limits on how many people you can invite over.

      Don't shoot the messenger -- I don't make the rules, I only earn my living from them...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    78. Re:These guys just don't get it... by Anonymous Coward · · Score: 0
      "All it is, is you trying to justify criminal acts. Downloading movies or music off the net without consent is theft."

      Then name one person who has in the past or is currently serving time in jail or prison for downloading music or movies off of the Internet. Name on person who's even on *probation* for such an act. Heck, name one person against whom criminal charges were brought, the charge being copyright infringement. You can't do this, can you? Why not? Because copyright infringement is NOT A CRIMINAL ACT. Don't talk about the law or any logical interpretation of the constitution until you've got your facts straight.

    79. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "Why should it be illegal for customers to respond to the RIAA's price gouging by circumventing the RIAA's expensive distribution channels?"

      Why should it? I don't know. But the fact is that it is illegal, and will remain so until the law changes. If enough people want the law changed, it probably will be. Sure, the RIAA has the power now, but if enough voters got pissed off enough so that the republicrats in congress feared for their jobs, the laws could change. But for now, the law is what the law is.

      "Must all customers forever be at the mercy of media congomerates?"

      No. They could stop buying music and movies. They could go to clubs and shows, or listen to the radio, or purchase indie albums from labels and people not affiliated with the RIAA. But if you just gotta have the new Linkin Park CD, and want to own it legally, you've got a choice to make -- exercise your right as a consumer to hurt the RIAA in the only legal way you have, or admit to yourself that the CD is worth the $17.99 or whatever and pay it.

      "P2P filesharing is a direct response to the price-fixing and unfair, unethical practices with which the RIAA/MPAA abuse their legal customers, and lawsuits are used to enforce these practices."

      Why don't more people use the legal system the other way -- didn't everyone sign up to get their $20 or whatever from the CD price fixing class-action lawsuit a couple of years ago?

      "The truth of the matter (from where I sit) is that the collective power of the consumer base will eventually force media conglomerates to reorganize their business model in such a way that best addresses their customers' needs. "

      All well and good. But if you are going to resort to illegal means to do so, why do you cry foul when they use every legal means available to stop you?

      "The internet and p2p filesharing has tipped the scales of influence back to the individual, and that is a good thing."

      And how does it shift power to the "individual?"

      "Without any power (a.k.a. choice), all the consumer can do is lay there and get fucked."

      But consumers DO have a choice -- don't listen to music distributed under the auspices of the RIAA. Buy music produced in foreign countrys. Buy indie or local stuff. Make you own. Don't listen to music at all. Sure, none of those are as EASY as simply figuring out how to get a popular CD for free, but that is where your (legal) power lies.

      If people continue to use illegal means to try and get the RIAA and others to change, honestly, which do you think is going to happen:

      1) RIAA and MPAA roll over and let everyone freely share (legally) digital media, or

      2) More and more increasingly Draconian methods to put an end to the freely shared (but illegally so) digital media.

      "That's when all this so-called "piracy" and "theft" will cease to be an issue."

      So, now that we can easily and inexpensively download music from iTunes, there are no more songs floating around the P2P networks? I mean, you got what you wanted, so shouldn't the piracy stop, at least wrt music?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    80. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      First off, remember that we GAVE them that right,it is NOT something bundled in reality. What we give can be taken away.

      IP/Copyright is alittle strange (to say the least) It controls what i do with something thats MINE. Once I have a copy of something, the matter in my hands should be mine but its not. I cant fashion new matter to look like the old stuff without permission. The DMCA and copyright both control what I can express.

      Regardless of whither or not Copyright should be maintained that fact is the copyright has gone WAY to far. The 'rights' are all wrong now. The pendulum has swung too far towards monopolies. There is really only one direction to move now if the clock is not to break.

      But all of that is besides the point. China can't control their people, what makes you think the world is going to be able to? A combination of technology and economics is going to make alot of this discussion mute in 50 years time, likely alot less. People will have large,tight networks where all friends share everything they have in digital form. They will be safe from prying eyes, few copies of things will be bought by the group and then enjoyed by all. As a result, content creators will either move with the flow or die.

    81. Re:These guys just don't get it... by Changa_MC · · Score: 1
      I can afford to go to movies, but it's not worth the time or money. Therefore I don't. I can afford to buy DVD's, but it's not worth $16 for a potential dud, so again, I don't.

      I do have a friend who downloads ripped movies, and I watch those. If they're good enough, I buy the DVD. Sometimes I'll go 4-6 months without seeing a movie, because nothing falls into the "free" or "already know they're good" categories.

      The MPAA gets more of my money when there are more good movies available via kazaa. I can't believe I'm completely exceptional.

      --
      Changa hates change.
    82. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      What they don't get is this.

      In the past:
      -people had a couple of cds and a few movies on average. (mostly concentrating dust on the shelf)

      In the future:
      -people are going to have TENS OF THOUSANDS of songs and HUNDREDS of movies. (mostly concentrating dust on the harddrive)

    83. Re:These guys just don't get it... by Macadamizer · · Score: 1

      One more thing, in response to:

      "Why should it be illegal for customers to respond to the RIAA's price gouging by circumventing the RIAA's expensive distribution channels?"

      The thing to remember here is that neither you, nor any other consumer, has a RIGHT to purchase music, from the RIAA or anywhere else. You may really, really want to buy (or otherwise obtain) the music, but you don't have the right to demand that they sell it to you, and you don't have the right to demand at what price they sell it to you.

      Could a music label sign, say U2, and refuse to sell CD's to anyone? It would be stupid of them to do it, and U2 probably wouldn't sign such a contract that would allow them to do it, but they could, legally -- and you would have no recourse. The record label culd also refuse to sell CD's to people with "Price" in their username. The point is, you don't have a RIGHT to purchase music, or and OBLIGATION to do so either. If you had the right to buy music, then you would have more of a cause for action because of high prices. Similarly if you had the obligation to buy music -- then for sure you would have a just cause to rail against high prices.

      But railing against high prices because you want something that you think should be cheaper, well...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    84. Re:These guys just don't get it... by Macadamizer · · Score: 1

      And of course by "right" I mean "right" in the legal sense, not the moral outrage sense. When I say, you don't have the right, I mean you have no rights that you could enforce in a court of law.

      Not to be pendantic, but people so like to harp on meanings and lose sight of the crux of the argument...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    85. Re:These guys just don't get it... by WWE-TicK · · Score: 1

      And this, I guess, is why a true democracy can never work.

    86. Re:These guys just don't get it... by koko775 · · Score: 1

      Are slashdotters just waiting for their rights to be infringed to the point that the revolution will begin? Sorry, but geeks that care are in the minority. The people at large don't know enough about technology to realize there's another way.

    87. Re:These guys just don't get it... by SilverspurG · · Score: 1

      And this, I guess, is why a true democracy can never work.

      I vote. That's my civic duty. It's not my fault that the laws have rigged a pyramid scheme.

      A true democracy would work if the courts would hold the politicians to the rules of the game. Specifically, the 9th and 10th Amendments.

      --
      fast as fast can be. you'll never catch me.
    88. Re:These guys just don't get it... by SilverspurG · · Score: 1

      The point is, you don't have a RIGHT to purchase music

      On that train, they could choose to quit distributing the music and movies to pirates, and thus solve the whole problem without all the legal prosecution BS.

      --
      fast as fast can be. you'll never catch me.
    89. Re:These guys just don't get it... by CACaffiend · · Score: 1

      If a pawn shop knowingly buys stolen goods, then yes, they can be charged with a crime. But the recipient of the stolen stereo will be dispossessed of the stereo... And out the money...

    90. Re:These guys just don't get it... by laughingcoyote · · Score: 1

      Looks like you are absolutely right...and still absolutely wrong.

      You are indeed correct on what the law says. However, "ownership" of an idea is bullshit, regardless of what the law says. The law used to permit "owning" another human being, but that was wrong, regardless of what the law said. The law also prohibited liberating one of these "owned" people, but those who did it were right, regardless of the fact that what they were doing was illegal.

      Now, lay off the submit-flame button, I am NOT saying that the concept of IP is anywhere near the injustice and evil of slavery. I am simply trying to make the point that the fact that something is codified in law does not make it right, and the fact that it is against the law does not make it wrong.

      --
      To fight the war on terror, stop being afraid.
    91. Re:These guys just don't get it... by IgnoramusMaximus · · Score: 1
      According to your logic, I should be able to walk into a movie theater and watch a movie without paying. What does the theater lose? Nothing material.

      Yes they do. They lose a seat, in which a paying customer could have sat. Thus their physical property (the only kind that exists, "Intellectual Property" is a propaganda term) is taken away from them, albait for a short period of time. No such thing occurs when you copy a stream of electrons or integer numbers. If the theatre is not full and you were unable to pay anyhow, then they indeed lose nothing, although drive-in theatre operators attempted to fight that with utter futility, only succiding in creating a cultural icon of the 1960s: a ride in a trunk to the drive-in cinema.

    92. Re:These guys just don't get it... by SilverspurG · · Score: 1

      only succiding in creating a cultural icon of the 1960s: a ride in a trunk to the drive-in cinema.

      Hey man... you got a crowbar or something?

      --
      fast as fast can be. you'll never catch me.
    93. Re:These guys just don't get it... by IgnoramusMaximus · · Score: 1
      Hey man... you got a crowbar or something?

      I fail to see what a crowbar has to do with this, but I am sure you will soon enlighten me.

    94. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Stuck in the trunk, on the way to the drive-in.

      C&C ... obviously over your head.

      --
      fast as fast can be. you'll never catch me.
    95. Re:These guys just don't get it... by Macadamizer · · Score: 1

      "I am simply trying to make the point that the fact that something is codified in law does not make it right, and the fact that it is against the law does not make it wrong."

      No flames. I would point out, though, that a law may not make something "right" or "wrong," it does make something "legal" or "illegal" until the law is changed.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    96. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Considering hazardous waste disposal laws, I'm pretty sure that it's illegal to take a tissue, which you've used to stifle the cut on your arm from that rose bush, and dispose of it in your trash can. It hasn't been properly treated, nor is the local waste disposal company an authorized treatment center for biological hazards.

      I was actually thinking about the bathroom, but then I thought that your local water company, via their sewar contract with you, may be an authorized biohazard TSTD (transportation, storage, treatment, and disposal) facility.

      Regardless. Everyone's a criminal and subject to prosecution for federal hazardous waste treatment violations. Being "illegal" is just part of life.

      --
      fast as fast can be. you'll never catch me.
    97. Re:These guys just don't get it... by Some_Llama · · Score: 1

      "If I steal a stereo, and legitimately sell it at a pawn shop, can the pawn shop owner or the next person who buys the stereo be charged with theft? I hope not."

      In California this is called "receiving stolen property" and I think (IANAL) it doesn't matter if you didn't "know" it wasn't stolen.

    98. Re:These guys just don't get it... by SilverspurG · · Score: 1

      it doesn't matter if you didn't "know" it wasn't stolen

      You stole my pee from the water supply. Do you know how much I sell that for on the open market? Are you aware that some people will pay $6 million/dram for that stuff?

      You owe me at least $150k per infringement.

      --
      fast as fast can be. you'll never catch me.
    99. Re:These guys just don't get it... by Some_Llama · · Score: 1

      actually you provided the pee without a contract, you made an offer of pee for a set amount after giving said pee to me, there is no liability on my part for drinking your pee... wait, wait *shakes head* wtf am I talking about??? ewwww!!!

    100. Re:These guys just don't get it... by SilverspurG · · Score: 1

      actually you provided the pee without a contract

      I have a contract for my pee. It's your problem if you didn't read it before opening your tap and drinking.

      --
      fast as fast can be. you'll never catch me.
    101. Re:These guys just don't get it... by strelitsa · · Score: 1

      I thought they were just complaning (sic) about all the spelling nazis on Slashdot.

      --
      No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    102. Re:These guys just don't get it... by dooglio · · Score: 1

      Amen. I really hate the in-theater ad where some stunt man lectures the audience that stealing a candy bar and downloading a movie off the Internet is theft. "Um..hello?! I paid how much to get in here and have you tell me this?!"

    103. Re:These guys just don't get it... by Kythe · · Score: 1

      One additional comment...

      Here's a brick and mortar example that applies to this issue: Music concerts/Drive-In Movie Theaters, by your logic if you can't afford to pay it's totally ok to go outside the back fence of the theater/ampitheater and watch the show/movie from there. Nobody has been deprived of anything right?

      As long as you're not trespassing, I agree that no one has been deprived of anything, and according to the Constitution your actions should be seen as legal. That's not to say you wouldn't run afoul of the law, but statutory law and the Constitution, of course, don't always mesh very well (until the Supreme Court has a say, that is).

      --

      Kythe
    104. Re:These guys just don't get it... by Neil+Blender · · Score: 1

      Cite: CNN circa 2002
      During the film's opening week, the studio might take 70 to 80 percent of gross box office sales.
      By the fifth or sixth week, the percentage the studio takes will likely shrink to about 35 percent.

      Unfortunately for you, the rest of your tired rant does not follow.


      What's your point? My post points out the fact that theatres get some take of the door and your post confirms it. The post I was replying to states that the theatre gets nothing from the door receipts. I called bullshit on that and pointed out that you can't just make up facts to justify your actions. This being Slashdot and all, I fully expect that if more than three slashbots read this comment (it being posted 10 hours after the story hit the main page), one of them is going post some crap about George Bush making up facts to justify the war and that post will get modded up.

    105. Re:These guys just don't get it... by Jah-Wren+Ryel · · Score: 1

      The point is, you provided no supporting evidence for your statement about the theater's take, you could have just asily been "making up facts to justify your position" just as the poster you were bitching about failed to do so as well. Unlike either of you, I spent the 30 seconds to find and cite a reasonably reliable source for actual numbers. Thus answering the question DEFINITIVELY.

      Meanwhile I criticized the rest of your posting because just being right about one, really unrelated fact does not in any way validate the rest of your post which is entirely old hat - a rant that has been made MANY times before here and debunked just as many times. If you can't bring something new to the table, at the very least, bring supporting evidence for what you do have. Unless, of course, you are just another "slashbot" yourself.

      --
      When information is power, privacy is freedom.
    106. Re:These guys just don't get it... by Anonymous Coward · · Score: 0

      3 words...
      civil rights movement

      call what happening here...
      digital rights movement

    107. Re:These guys just don't get it... by IgnoramusMaximus · · Score: 1
      Stuck in the trunk, on the way to the drive-in.

      C&C ... obviously over your head.

      Nah, just incompatible sense of humour I think.

    108. Re:These guys just don't get it... by PalmMP3 · · Score: 1
      Napoleon Dynamite is worth its weight in gold, for example.

      Dunno where you come from, fella, but in my part of the universe, DVDs don't even weigh a quarter of an ounce. So it can't be worth that much if it's worth "its weight in gold"...

      --
      Laughter is the best medicine, but in certain situations the Heimlich maneuver may be more appropriate.
    109. Re:These guys just don't get it... by Some_Llama · · Score: 1

      you cannot have a contract for your pee by yourself, by definition, a contract is an agreement between 2 parties.

      I have never spoken to you before this so we obviously do not have a "contract".

    110. Re:These guys just don't get it... by SilverspurG · · Score: 1

      I have never spoken to you before this so we obviously do not have a "contract".

      It was a shrink-wrap EULA assessed at POS for your driver's license. Contact your local BMV for further details.

      --
      fast as fast can be. you'll never catch me.
    111. Re:These guys just don't get it... by EvilJoker · · Score: 1

      Follow the logic a bit further.

      Why can't they let people walk in without paying?
      (Because everyone would walk in without paying.)

      What if only a small minority of people were capable of doing so, e.g. climbing through the heating ducts?
      Then a significant minority could and did...
      Then a majority...

      RIAA/MPAA believe they can stop every dedicated pirate, and that every pirated copy equals a sale they would've had otherwise (or even multiple sales, since they were a big fan of the movie, or burned it at high speeds). This is obviously wrong, but what about every Joe 6-pack that can use KaZaA to get the latest album from their favorite band? Or can figure out how to use BT and suprnova to get the latest movie while it's still in theaters? These are the people that most likely WOULD buy it, if they couldn't pirate it.

      If it's limited to the elite few, it's not cost-effective. When it becomes something of the masses, it becomes an issue. NNTP has about 1.5TB of material passing over it every day. Much of this is unique (while KaZaA's 43PB right now) is redundent, yet there is no major campaign. This is simply because you can't teach Harry Homeowner how to access NNTP and download movies free and easy. Therefore, it's not cost-effective, and certainly less so than attacking Napster/KaZaA/Bit Torrent/Whatever's new tomorrow.

    112. Re:These guys just don't get it... by EvilJoker · · Score: 1

      Something I can't figure out, if I went to a CD store and physically stole 10 CDs (valued at ~$150), and was caught, I would be charged with petty theft, and given a modest fine (probably around $1000), maybe some LIGHT jail time (3-10 days), and/or community service. (Unless I missed a few new laws)

      Now, if I were to get caught illegally downloading those exact 10 CDs (in a lossy format), I could be held to...(quick math here)...
      15 songs * 10 CDs * $250,000 per song...
      $37.5 Million.

      Apparently, it is 37,500x as bad to leave the original owner with a copy.

    113. Re:These guys just don't get it... by EvilJoker · · Score: 1

      No, not ALL, at least not usually...
      However, most of it does typically go towards the MPAA (I remember there was something about Star Wars and early ticket sales being 0% profit for theaters), while the concessions are pure profit. I suspect this makes it easier for the theater to claim the profits as its own, being paid for their own services, rather than for the content being provided.

    114. Re:These guys just don't get it... by EvilJoker · · Score: 1

      Not theft, but receiving stolen property.
      That's why pawn shops have to take a lot of precautions to make sure they only buy from the actual owner, and that they can track down the guy if it comes up stolen.

    115. Re:These guys just don't get it... by EvilJoker · · Score: 1

      50 friends is no different than 2 friends, right?
      While one seems to be a casual get-together and the other's more of a party, still all the same, unless there's an actual cut-off point. 10? 25? When does it go from private viewing to public performance?

      Now, 2 or 50 strangers (paying or not)....

    116. Re:These guys just don't get it... by SilverspurG · · Score: 1

      That's why pawn shops have to take a lot of precautions

      Who are you kidding? I'm having trouble suppressing my good-natured laughter at this distortion of reality.

      If you're selling something they check your ID (maybe) and have you sign a form which asks,"This stuff isn't stolen, is it?"

      --
      fast as fast can be. you'll never catch me.
    117. Re:These guys just don't get it... by EvilJoker · · Score: 1

      MPAA also forgets they are in competition with piracy. I damn near swore off all pressed DVDs because of P-UOPs. I bought the fucking thing. I paid for its content. If I'm going to be forced to see ads *FOREVER*, then make the damn advertiser pay. Similarly, I don't need to be forced to watch another damn FBI warning. Or prevented from pausing on a good screen (e.g. Fake FBI warning on Fight Club). Or anything else I want to do.

      In contrast, 0 pirated movies (should) have P-UOPs, and those few that do are simple to fix. I'd rather spend money on a pirated version than get the legit version free.

    118. Re:These guys just don't get it... by EvilJoker · · Score: 1

      And I'm supposed to show proof of age every time I buy alcohol or tobacco.

      Guess how often that actually happens.

      Just because they're required to, doesn't mean they actually do.
      (besides, laws on this vary heavily by state)

    119. Re:These guys just don't get it... by SilverspurG · · Score: 1

      Just checking...

      We went from this: pawn shops have to take a lot of precautions to make sure they only buy from the actual owner

      to this: Just because they're required to, doesn't mean they actually do

      --
      fast as fast can be. you'll never catch me.
    120. Re:These guys just don't get it... by einhverfr · · Score: 1

      My only problem with this line of thinking is that pirating of content owned by the RIAA actually prevents any legitimate independent system from being set up. If instead of buying albums, you went to shows, and if we really reacted not by copying works essentially ownzed by the RIAA, maybe we could build a Free Music movement akin to the Free Software movement, we would all be better off.

      If everyone pirated Windows because they didn't like the prices that Microsoft charges or the terms of Microsoft EULA's, where would Linux be?

      --

      LedgerSMB: Open source Accounting/ERP
    121. Re:These guys just don't get it... by Some_Llama · · Score: 1

      SO I went down there and asked them about this and they said "This guy is fucking nuts" so i dunno what that means but I have a strong suspicion it voids the contract on the basis of "unsound mind".

  4. Whatever by Anonymous Coward · · Score: 0, Troll

    You trade movies, this can happen. This is exactly what the MPAA should be up to.

  5. Hey kid! by Anonymous Coward · · Score: 1, Funny

    I'm a computer!

    Stop all the downloading!

    Help computer!

    G.I. Jooooooooooooooe!

    1. Re:Hey kid! by Anonymous Coward · · Score: 0

      haha, I love that one!

    2. Re:Hey kid! by clarkcox3 · · Score: 1

      Body Massage!

      --
      There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
    3. Re:Hey kid! by Anonymous Coward · · Score: 0

      hey, how bout the pork sandwiches one..

      get out! you stupid idiot!

      G.I. Joooooooe!

  6. You know... by Anonymous Coward · · Score: 0

    that means you wouldn't get free movies anymore because there would be no more movies for you to download?

    1. Re:You know... by Anonymous Coward · · Score: 2, Insightful

      you wouldn't get free movies anymore because there would be no more movies for you to download

      There is this thing called a 'camera' that can be used to capture video, and word on the street is that not only independent studios, but even individuals can use these to create movies.

      And I also hear that they make movies in other countries besides America...

    2. Re:You know... by bcattwoo · · Score: 2, Insightful
      There is this thing called a 'camera' that can be used to capture video, and word on the street is that not only independent studios, but even individuals can use these to create movies.

      And are all these independent and foreign studios going to expect to be paid? Or do they just live off the adoration of their fans and the smug knowledge that they aren't corporate tools?

    3. Re:You know... by Anonymous Coward · · Score: 0

      Uh, the MPAA/RIAA doesn't make movies. The producers that pay the MPAA/RIAA to be members of their organization don't really *make* movies either.

      The Producers have been fucking over artists since there have been labels. Nobody is starving because of file sharing, the producers just want someone to blame for dwindling profit margins.

  7. "Legally" or "illegally" acquired content? by mopslik · · Score: 4, Interesting

    [MPAA software Parent File Scan] searches for and identifies virtually any audio or video file, including popular formats like MP3, Microsoft's Windows Media, the AAC files that Apple Computer's iTunes software often uses, or MPEG video. The software makes no distinction between legally acquired or illegally downloaded files, however.

    During the Napster era, wasn't one of the arguments made by the RIAA that Napster should be able to easily distinguish RIAA-copyrighted material and, subsequentailly, block access to it? If it's so trivial, shouldn't the MPAA be able to do the same? Or did they realize it's not so easy and are just labelling everything they can find?

    1. Re:"Legally" or "illegally" acquired content? by DaHat · · Score: 1

      It's far easier to check the validity of content on a farm of servers that contain the hashes of so many files... doing so on a client machine would be... insane. Just imagine the bandwidth requirements for having thousands and thousands of home PC's send in the hash of every single potentially infringing file to have it verified against the master DB.

    2. Re:"Legally" or "illegally" acquired content? by Anonymous Coward · · Score: 0

      Just imagine the bandwidth requirements for having thousands and thousands of home PC's send in the hash of every single potentially infringing file to have it verified against the master DB.

      I'd be more than happy to bombard their server with "data" -- if they can't handle the load, is that my fault?

    3. Re:"Legally" or "illegally" acquired content? by Marnhinn · · Score: 1

      Meh...

      They are not worried about legality of files here. The software is simply a catch-all because in their view it is better to error on the side of caution.

      I don't know of an open format that allows for marking of files as copyrighted and non-copyrighted, were the file cannot be easily modified to show the opposite. (Does one exist?)

      You can check out the software here

      --
      There is always a frontier where there is an open and willing mind
    4. Re:"Legally" or "illegally" acquired content? by piquadratCH · · Score: 1

      So, wouldn't it be more reasonable to only mark those media files which are 100% positive illegal instead of marking every single mp3 or avi file? Last time I checked, mp3 and XviD was still legal. Oh, wait, we're talking ??AA bullsh*t here, forget reasonable...

    5. Re:"Legally" or "illegally" acquired content? by Richard_at_work · · Score: 1
      In the Napster case you had some fairly significant differences:
      1. There were no agreements allowing RIAA copyrighted music to be transfered over Napster
      2. All the traffic at one time or another went through Napsters central servers
      3. You could safely say that all traffic of copyrighted materials whoes owners had not given permission on Napster was unlawful
      However, in this case you have other differences:
      1. There are now agreements allowing copyrighted material to be downloaded from certain digital music stores (iTunesMS)
      2. You can rip from DVD or CD
      3. The items in question are residing on a persons PC, they are not in transit anywhere
      4. There is no third party involved
      So, you end up with a situation where you can identify the files, but you cant determine whether they are illegal or not. In Napsters case, it was quite easy - if it was being transfered over or on the Napster network, it was there unlawfully.
    6. Re:"Legally" or "illegally" acquired content? by DaHat · · Score: 1

      The issue is how do you identify those files which are 100% positively illegal? An online hashing system would be one of the only ways to go.

      Also I agree that both mp3 and Xvid, along with Divx and a dozen other formats are legal. Chances are, if someone has ill gotten video or audio files, they will be of a .mp3, or .avi or .mpg (or any number of other formats), it's far easier to filter against those and say "Do you have rights to each of these files" then it is to scan each and every file on a system and check it's hash.

    7. Re:"Legally" or "illegally" acquired content? by Anonymous Coward · · Score: 0
      "it is better to error on the side of caution."

      Should be: "It is better to err on the side of caution." Posted AC so nobody thinks i'm grammar-whoring or nazi-ing. (Does anybody else have a problem with the phrase "grammar-whoring?")

    8. Re:"Legally" or "illegally" acquired content? by piquadratCH · · Score: 1
      The issue is how do you identify those files which are 100% positively illegal?

      Well, if that's not possible, how about not releasing a "software" which identifies each and every media file as illegal?

    9. Re:"Legally" or "illegally" acquired content? by Anonymous Coward · · Score: 0

      i followed that link but it said "illegal downloading" so i left

    10. Re:"Legally" or "illegally" acquired content? by Otonotachibana · · Score: 1

      I don't know about finding "illegal files" on my computer but sounds like **AA is providing me another desktop search tool!

    11. Re:"Legally" or "illegally" acquired content? by mopslik · · Score: 1

      So, you end up with a situation where you can identify the files, but you cant determine whether they are illegal or not. In Napsters case, it was quite easy - if it was being transfered over or on the Napster network, it was there unlawfully.

      While this scenario is true, it's only one scenario. Napster argued that scanning through all of the files being transmitted through its servers was not at all trivial, because:

      1. "Legal" files were also being transferred, often with no copyright information associated with them. The RIAA, pushing to kill the technology at the time, said this was not sufficient, and that copyrights had to be verified.
      2. "Illegal" files, ripped by various programs, also did not carry copyright information in them. Again, the RIAA insisted that Napster determine the rightful copyright of every file to ensure that it was not owned by the RIAA.
      3. Ambiguity between file names/tags/info and the actual contents made it difficult to identify songs. Local bands, trying to get free exposure, would often label their MP3s with the same name and artist as popular tracks. Deliberate misspellings would transform "Metallica" into things like "M3t4LL1c4" or "_m_ETALLIC____a" and defeat the filters. Often, file info was just plain wrong.

      Clearly, Napster had a slew of material on it that violated copyrights. But the RIAA placed the burden on discovering what files actually did violate these copyrights on Napster's shoulders. Now, it seems, they are simply flagging all music and video files as "potentially illegal" and leaving it to over-cautious/paranoid/influenced people to sort through it all.

    12. Re:"Legally" or "illegally" acquired content? by Methuseus · · Score: 1

      That would be sort of impossible, and almost totally against the idea of an "open" format, wouldn't it?

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    13. Re:"Legally" or "illegally" acquired content? by Anonymous Coward · · Score: 0

      on emule, the edonkey network, each client sends hashes of files that are being shared.

  8. Round Two! Fight! by Mitaphane · · Score: 5, Insightful

    Until the MPAA starts cracking down people actually selling their wares instead of people downloading them for free they will not get a tear of sympathy from me. Seriously, I don't understand it. When I was NYC, street vendors make no attempt to hide the fact they are selling pirated goods. Why isn't the MPAA cracking down on them instead of college kids that have nothing better to do with their bandwidth than download DiVX ripped movies?

    1. Re:Round Two! Fight! by saddino · · Score: 4, Insightful

      Why isn't the MPAA cracking down on them instead of college kids that have nothing better to do with their bandwidth than download DiVX ripped movies?

      Because:

      1) The number of people who buy videos from street vendors is likely miniscule compared to the number of people who are already downloading ripped movies; and

      2) The quality of videos from street vendors is notoriously unwatchable; and

      3) The "college kids" that are downloading ripped movies are precisely the demographic that the movie industry depends on for generating theater revenue. If it becomes as popular as MP3 sharing, they're going to lose $, hence sue now before it becomes a major problem.

    2. Re:Round Two! Fight! by hsmith · · Score: 1

      probably because college kids have parents with deeper pockets than crackheads selling pirated DVD's

    3. Re:Round Two! Fight! by Fruvous · · Score: 2, Funny

      College Kids have deeper wallets than street vendors?

      --
      This is one of those witty signatures that you'll remember.
    4. Re:Round Two! Fight! by Ohm2k · · Score: 5, Interesting

      I am very agenst people selling downloaded material. Guy at my local dirt mall sells movies He downloads, burns and prints covers for. I went as far as to call the 1-800-no-copys number to report it. Took 3 weeks before a human picked up the phone. I gave them all the contact information of the dirt mall and titles of movies being sold. 6 months later he's still there making $10 a movie hand over fist.

      Why should we feel sorry for the MPAA when they won't even do anything about people stealing accual sales from them. Even after someone hands them all the information on a silver platter.

      --
      People find it strange that I don't know how to juggle or tap dance.
    5. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      Snitch.

    6. Re:Round Two! Fight! by jxyama · · Score: 1
      they are not suing downloaders. these are people who were trading or swapping movies, or hosting them for others to download.

      and as far as i know, RIAA has never sued downloaders. they sue uploaders/distributers.

      these tactics, in their eye, are far more effective in stopping the spread of illegal copies than busing some small street vendors. (and of course, you can't sue downloaders - yet - because they aren't breaking copyright themselves.)

    7. Re:Round Two! Fight! by malcomvetter · · Score: 1

      I buy #3. The others are so-so, but #3 hits the nail on the head.

    8. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      just FYI, the street vendor movies (at least in NYC) has been damn good quality since at least '00....

    9. Re:Round Two! Fight! by Anonymous Coward · · Score: 0
    10. Re:Round Two! Fight! by Ohm2k · · Score: 0, Flamebait

      if the man was selling them for $2/$3 just to cover his expences then I have no problums. If he offered them for anyone to copy then I have no problums. He is profiting off the works of others and there is the problum. Call me a snitch if you like, but at least have the balls to do it with your name posted.

      --
      People find it strange that I don't know how to juggle or tap dance.
    11. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      Yup, because "grannies" and "twelve-year-old girls" are the only ones who are caught sharing copyrighted music, and they are ALWAYS unaware of the law.

    12. Re:Round Two! Fight! by de1orean · · Score: 1

      hmmmm... i dunno how you could possibly argue against #1 or #2 either.

      just sayin'.

    13. Re:Round Two! Fight! by jxyama · · Score: 1

      being young or old do not exempt make someone exempt. it may make news, but there are reasons why these people were "caught."

    14. Re:Round Two! Fight! by Eskimore_ · · Score: 5, Insightful
      The "college kids" that are downloading ripped movies are precisely the demographic that the movie industry depends on for generating theater revenue. If it becomes as popular as MP3 sharing, they're going to lose $, hence sue now before it becomes a major problem.

      I disagree with that. Although it is logical it isn't what is actually happening. In actuality the revenue streams of the music industry are not suffering. As proof I offer this article that shows that even though piracy is increasing SO ARE LEGIT CD SALES.

      It's not the actuall loss of sales that is affecting the content industry. It's the threat of lost control.

      You have to realize that it's not the artists that are freaking out here, it's the content distribution companies, who by the way keep the bulk of the profits made from sales. You see, before the Internet they had a lot of control over the end user experience. Now that control is slipping away. In fact, I would say that the internet will almost completely dissolve the RIAA/MPAA business model in the next few decades.

      But they want YOU to think the issue is lost revenue due to pirating. But it's not. It's potential future revenue loss for the distribution companies who, by the way, have reisited every major technological change in the history of the industrial revolution, even though time and again those changes made them richer. They're just plain short sighted.

    15. Re:Round Two! Fight! by j-turkey · · Score: 4, Insightful
      and as far as i know, RIAA has never sued downloaders. they sue uploaders/distributers.

      With BitTorrent, everybody who downloads is an uploader/distributor (unless of course, you're only counting people who seed).

      --

      -Turkey

    16. Re:Round Two! Fight! by Mitaphane · · Score: 1

      It's this corporate mentality that makes me sick. The MPAA tries to appeals to people's morality by telling people piracy is stealing from the stunt men or the key grips(ignoring the fact they're union workers). But when it comes down to it's just about money.

      In their utilitarian thinking, it's probably not worth the MPAA's time(time = money) to go after people like this even though they're closer to "stealing" their product than the people who download movies because they're too cheap to go to the theater. But it's worth the effort to sue P2P users because not only do they get money out of it, they also get the propganda out to the masses that if you use P2P you will get sued. There is no righteous cause in the MPAA minds. Their only cause is for $.

    17. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      Perhaps he's been to ANY COUNTRY IN SOUTHEAST ASIA, where you can get fairly decent bootlegs of any semi-recent DVD for dirt cheap, available in quantities that dwarf the total of downloaded movies on hard drives worldwide.

      Or perhaps he just knows the "there's more downloaders than physical media pirates" argument is bullshit intuitively.

    18. Re:Round Two! Fight! by OverlordQ · · Score: 1

      Just because sales are increasing doesn't make downloading movies any more legal.

      --
      Your hair look like poop, Bob! - Wanker.
    19. Re:Round Two! Fight! by Snaller · · Score: 3, Funny

      The quality of videos from street vendors is notoriously unwatchable;

      Well, it is Hollywood films after all!

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    20. Re:Round Two! Fight! by Macadamizer · · Score: 1

      "ignoring the fact they're union workers)"

      What does this have to do with anything? Are you implying that the union workers are "paid enough" because they are in the union? Or that the union will protect them is the movie industry starts making less movies, and therefore needs less stunt men or key grips?

      "There is no righteous cause in the MPAA minds. Their only cause is for $."

      Good. They are there to make money, and to increase the value of their shareholders' investments, not to provide entertaining fare to those who are not prepared to pay for it. Any corporation that doesn't put making money first is not doing its job.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    21. Re:Round Two! Fight! by Eskimore_ · · Score: 1

      What if it's actually part of the reason CD sales are increasing? Don't discount the power of free advertising, even if it's done by pirates. Exposure is still positive, even if it's a byproduct of pirating.

      Like I said, I think the distribution companies are short sighted. They shouldn't be focusing their efforts on stopping file sharing; they should be focusing on finding a way to cash in on it.

      I really believe that the distribution model that holds their business together is going to disappear. In refusing to move with the times they are dooming themselves to obsolescence.

    22. Re:Round Two! Fight! by Kethinov · · Score: 2, Informative
      3) The "college kids" that are downloading ripped movies are precisely the demographic that the movie industry depends on for generating theater revenue. If it becomes as popular as MP3 sharing, they're going to lose $, hence sue now before it becomes a major problem.
      When your target demographic is circumventing your distribution methods on a massive scale, it's indicative of a flaw in your business model. Suing your target demographic on an equally grand scale does not make the flaw in your business model go away...
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    23. Re:Round Two! Fight! by ozbird · · Score: 1

      Guy at my local dirt mall sells movies He downloads, burns and prints covers for

      Heh, I'd like to see the MPAA attempt to sue God for piracy:
      MPAA: *subpoena*
      God: *SMITE*

      (Not to be confused with the movie "The Man Who Sued God", which was rather good.)

    24. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      Please state the business model that can successfully compete with "all you can eat for free". Seriously. I'd love to hear it...

    25. Re:Round Two! Fight! by DarkTempes · · Score: 1

      not always, but that's the majority case you can still use bittorrent without actually uploading, but that defeats the purpose of using bittorrent

    26. Re:Round Two! Fight! by Kethinov · · Score: 1

      TV and Radio has been doing it for decades...

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    27. Re:Round Two! Fight! by randallpowell · · Score: 1

      They use ads paid for by businesses. That is why TV sucks. Same with radio. Local stations need to get out of the late 90's. Anyways, mney is there but we don't pay it.

    28. Re:Round Two! Fight! by Mitaphane · · Score: 1

      What does this have to do with anything? Are you implying that the union workers are "paid enough" because they are in the union? Or that the union will protect them is the movie industry starts making less movies, and therefore needs less stunt men or key grips?

      My point was that those guys have got paid for their services and they will get paid regardless of how a movie does. They don't receive a cut from the movie gross. Thus, the conclusion that piracy really hurts these guys is a bit far streched.

      Good. They are there to make money, and to increase the value of their shareholders' investments, not to provide entertaining fare to those who are not prepared to pay for it. Any corporation that doesn't put making money first is not doing its job.

      Of course that's to be expected. What I was getting at was that is the MPAA is trying to use appeal to people's morality while their only motivation is money. That's what makes me sick: the MPAA masqurading their cause as moral issue when it's money issue.

    29. Re:Round Two! Fight! by Kethinov · · Score: 1

      The point being made is that free content paid for by ads is commonplace. And nonfree content paid for by a flat fee subscription service is even more commonplace. The MPAA needs to embrace this business model instead of trying to make $100 - $200 off of somebody who wants to watch 20 movies a month. That's just plain overcharging.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    30. Re:Round Two! Fight! by Anonymous Coward · · Score: 0
      With BitTorrent, everybody who downloads is an uploader/distributor (unless of course, you're only counting people who seed).
      So? Just target whoever is hosting the torrent!

      I'm really tired of this idea that BitTorrent is a P2P system. Technically, it is, but logically, it's not. Someone who gets a file via BitTorrent has to go to a website and download the torrent. Logically, that's no different than downloading the file itself off the website. The central point of distribution is right there, in that torrent file, which resides there at the webmaster's discretion. No, it doesn't contain the content itself, but that doesn't matter. Napster didn't host any content either; they got in trouble for indexing the files and providing access, which is exactly what a torrent tracker does.

      Sorry, but I just get pissed at how a great tool for distributing large files without overloading a server gets lumped in with the likes of Kazaa...

    31. Re:Round Two! Fight! by servognome · · Score: 1

      2) The quality of videos from street vendors is notoriously unwatchable; and
      Maybe around the US, but in southeast asia I could walk into the mall and purchase a good quality DVD (not a guy filming the movie with a camera type) of Star Wars Episode 2 the same day it hit theaters.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    32. Re:Round Two! Fight! by Rasta+Prefect · · Score: 1

      It just suggests that since it doesn't seem to be hurting anyone, maybe is should be.

      --
      Why?
    33. Re:Round Two! Fight! by StrongBow67 · · Score: 1
      It's not the actuall loss of sales that is affecting the content industry. It's the threat of lost control.
      I definitely agree with the idea that it's "lost control" that's bothering the RIAA/MPAA. What's been bugging me lately is that newer DVDs don't allow you to skip to the main menu when first loaded, they make you sit through the 5 minutes of coming attractions/commercials/crud that's on there before you can watch the movie. That's after spending $15-$20 to buy the DVD. Makes me sorry I didn't pick up a version of DVDXCOPY when I had the chance.

      I realize I don't have to watch a movie, but I can't get past the idea that if I paid for the movie I shouldn't have to watch the ads. Maybe I'm wrong, but I'll bet a majority of people would agree with those sentiments.
    34. Re:Round Two! Fight! by Skrybe · · Score: 1

      1) However they (the buyers) are willing to pay. If anything they're a truer indication of lost sales. After all the people who download them off the net may NEVER be willing to spend cash on a movie. And the seller is deinfitely conclusively making a profit, unlike movie uploaders who are not actually seeing real cash at any point.

      2) The quality of a lot of movies downloaded off the net is notoriously unwatchable (or so I've heard) ;) In fact a lot of the pirate discs on the street were probably downloaded off the net in the first place. That fact is a better reason to pursue the movie uploaders than anything else the MPAA has come up with.

      3) I wouldn't think the movie downloaders are the demographic they're aiming at. After all if you look at college kids going to movies they're usually going there in a group with friends or on a date. How many people actually go to see a movie by themself? Those people would be more inclined to skip a cinema release and rent a DVD.

      So the college kids who'd pay for movies are probably still paying for movies. Why? Because it's not as cool to take your date to sit in front of a tiny tv/PC monitor and watch a dodgy video compared to taking him/her to the cinema and watching the big screen. Same with a bunch of friends seeing a pic, harder to cram six friends around a small screen to watch "The Matrix" (or whatever).

      So I'd hazard a guess that cinema attendance isn't affected as badly by movie sharing as they make out.
    35. Re:Round Two! Fight! by Anonymous Coward · · Score: 0

      different person here: why register just to have all your babbling nonsense linked together in a nice subpeona-ready package? why allow asshole pricks labeling you a "coward" gode you into registration so they can make paper profits on just another stupid website? who names their kid "Ohm2k"? this ain't about balls but 3' north: brains

  9. I stopped downloading movies.... by Anonymous Coward · · Score: 2, Funny

    After I saw those emotional segments in the theater about how Joe Camerman, and Jane Stuntwoman suffers from my actions, I really felt bad.

    (btw, mpaa, if you are listening, I never actually downloaded movies. Rent from netflix, rip a copy and save on VCD, that may be a different story.)

    1. Re:I stopped downloading movies.... by WormholeFiend · · Score: 2, Funny

      After I saw those emotional segments in the theater about how Joe Camerman, and Jane Stuntwoman suffers from my actions, I really felt bad.

      Hey dyou know where I can find a torrent of that segment? Those damn camcorder pirates keep editing it out of their files...

  10. Re:hammer revolution --; by Anonymous Coward · · Score: 0

    Not to confuse with 8=====D~~(_o_)

  11. Those who do not know history... by FunWithHeadlines · · Score: 1

    ..you know the rest. Evidently the MPAA has decided to copy the RIAA 12-Step Plan to Irrelevance completely.

    1. Re:Those who do not know history... by category_five · · Score: 1

      Didn't the RIAA push the DMCA through congress? If they are making laws that put industry rights over consumer rights I think that shows them to be extremely relevant no matter what your position on copyrights is.

    2. Re:Those who do not know history... by FunWithHeadlines · · Score: 1

      Dinosaurs pushed the mammals around right up until they dropped dead. I'm talking irrelevance in the long run. The RIAA won't even exist in a decade or so.

    3. Re:Those who do not know history... by Anonymous Coward · · Score: 0

      The RIAA won't even exist in a decade or so.

      I really hope you are right.

      No, I am not a communist. Nor do I think I should be able to get away with breaking whatever laws I want. Nor do I think it makes any sense for me to expect quality production to emerge from a profitless market.

      I hope they die only because it is clear that the RIAA are being BAD capitalists. Good capitalists adapt their business models to fit the current market. Bad capitalists attempt to control the behaviors of their consumers in order to support an unnatural and otherwise unprofitable business model.

      RIAA are bad capitalists, and their failure to grasp the basics of economics is harmful to themselves and others (in the long run).

      So I hope they die and are replaced by good capitalist visionaries who know how to innovate.

    4. Re:Those who do not know history... by FunWithHeadlines · · Score: 1

      I completely agree with you. I may be off in my timing, but I don't think in my prediction. This pattern has played out many times in the past, and it eventually leads to the death of irrelevant organizations.

    5. Re:Those who do not know history... by EvilNight · · Score: 1

      I don't think that filesharing will make them irrelevant on its own. It certainly makes it harder for them to push crap, though. What will kill them is their loss of control over two key areas: distribution and production.

      Right now, they control the "major" distribution channels for music, in the form of radio and television. Internet distribution will shortly eclipse these and eventually replace them. Filesharing is doing this now.

      What amuses me is that they don't see the final, fatal blow coming and are spending all of their time and money on this fool's war over filesharing. The fatal blow will come when a simple home computer is capable of performing near the levels of today's typical $250,000 recording studio. PCs have been encroaching on this for some time now, and the latest technologies in this area are showing real promise. They'll reach a "good enough" point, almost certainly within the next ten years, and after that anyone can build a studio if they can afford a $1500 PC.

      Once these two events take place, production and distribution can exist completely (and legally) outside of their control. That's the point at which they become irrelevant. The same will happen for movies, though it'll certainly take longer for a computer to outperform a movie studio. There's several orders of magnitude more work involved, but then again there's a lot of talented people out there who would love to make it happen. It's just a question of time.

      The best part is that these media conglomerates have kindly provided us with all of the tools necessary to annihilate them in court when they attempt to interfere with any legally protected media that is outside their production-distribution chain. The DMCA and similar draconian laws work both ways, and only benefit the big money if they are the ones holding the rights... and that is no longer a guaranteed position for them.

      Coupled with the concept of a publically-oriented license such as the GPL, it becomes possible to effectively create a public-domain pool of culture that is immune by law to corporate influence and interference. The more it grows, the more its growth rate accellerates, feeding on itself and defying the tragedy of commons as only the digital world of zero-cost copies can. Once this pool of culture reaches a critical mass, it becomes dominant, and eventually reaches the same level of pervasiveness enjoyed by a monopoly. The tyrrany of the open, instead of the closed.

      I figure that's the endpoint of your 10-year timeline, more or less.

      --
      Hell is being intelligent in a world full of idiots.
    6. Re:Those who do not know history... by FunWithHeadlines · · Score: 1

      That's a very well thought out scenario. I agree that the key is the distribution, as well as publicity. But that is coming, and it amazes me that you and I can see it coming but they cannot.

  12. biggest quote by greechneb · · Score: 3, Insightful

    If the media industries only took the time in the late 90's to understand and serve this group - I believe they call it marketing - rather than fight against them their revenues would be significantly more. Of all industries that should know this it should be the movie industry.
    <p><p>
    Today, the film industry generates more income from video/DVD sales and rentals than from theater runs. Had they won their case 20 years ago against Sony and the Supreme Court ruled VCR's were illegal (it was a close 5 to 4 decision) the film industry would have less than HALF the revenues it does today.</i>
    <p>
    <p>
    I hardly see movies in theaters anymore anyway. I don't really enjoy them as much, probably since a lot of movies anymore are crap put out for the sole purpose of making money. (which all movies are to an extent)
    <p>
    <p>
    I save the money for video rentals, I get about 4 movies for the same price for my wife and I. We can then watch them whenever, and not pay $3 for a popcorn and $4 for a soda.
    <p>
    <p>
    Much more enjoyable, and no kids around to bother me while I watch.

    1. Re:biggest quote by Anonymous Coward · · Score: 1, Funny

      That looks like my email in pine!

    2. Re:biggest quote by Anonymous Coward · · Score: 0

      You lose: Pine has a built-in HTML renderer.

    3. Re:biggest quote by MrTaz65 · · Score: 1

      Okay,

      Issue: If VCR's/DVD's were illegal and no longer existed, then theoretically, more people would go see the movie at the theater, so you can't say they would lose half.

    4. Re:biggest quote by Kethinov · · Score: 1
      Today, the film industry generates more income from video/DVD sales and rentals than from theater runs. Had they won their case 20 years ago against Sony and the Supreme Court ruled VCR's were illegal (it was a close 5 to 4 decision) the film industry would have less than HALF the revenues it does today.
      This is the real kicker. The MPAA still has not learned from this mistake. They fail to see the painfully obvious truth that their conservative views concerning distribution are only costing them more money in the long run.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  13. Better than a program to track P2P apps... by hal2814 · · Score: 5, Insightful

    ...would be the parents monitor what software little Johnny is installing on the computer and to ask what that software does (with demonstration of course). I know if I see icons pop up on the family computer desktop or start menu, I tend to ask the family who installed it and what it does.

    1. Re:Better than a program to track P2P apps... by BVis · · Score: 1

      Insightful? Please!

      This is about as likely to happen as frogs falling from the sky. A few reasons why:

      1) Few parents (being a reasonably representative subset of the general population) have the slightest clue how to find out what programs are installed on a computer.

      2) If they do find something that little Johnny put on there, they're not likely to know what it is.

      3) If they do know what it is, they won't have the slightest idea how to remove it.

      4) Didn't you get the memo? Parent's aren't responsible for their kids' behavior anymore. (Video game developers | MTV | Teachers | Homosexuals | The government | The schools | Movies) are responsible for little Johnny not knowing right from wrong.

      I'm not saying it's right, I'm saying expecting parents to fix this problem is completely unrealistic in the current environment.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:Better than a program to track P2P apps... by lew3004 · · Score: 1

      Or how about not letting him install anything with proper security measures? Even Windows allows you to perform that little bit of magic.

      --
      I still can't get the screen shots of Castle Wolfenstein for the Apple IIe out of my head.
  14. Re:Why is the man holding me down? by Anonymous Coward · · Score: 0

    Why is the man holding you down? You want the truth, YOU WANT THE TRUTH? Information doesn't want to be free....you need entities like the MPAA....beacause when you reach over and put our hand in that pile of goo that was your best friend's face, it's Chinatown, baby.

  15. LokiTorrent by Eminence · · Score: 5, Informative

    Let's remember about LokiTorrent's law defense fund. They had the guts to stand for their rights and say no to corporate bullying, and they are doing it for the rest of us too. If they win such lawsuits would have to stop.

    1. Re:LokiTorrent by Anonymous Coward · · Score: 1, Informative

      Don't give them any money just yet...

      http://www.zeropaid.com/news/articles/auto/01262 00 5c.php

    2. Re:LokiTorrent by SilentChris · · Score: 3, Insightful

      Why would we want these to stop? Seriously. If they were saying "Bittorrent must be completely shut down", I'd be completely against it. But they're only suing people to stop trading pirated movies, which they have every right to do. I would think most of the Slashdot community wouldn't care about that -- if they take away my ability to get a Linux distro, though, that's another story.

    3. Re:LokiTorrent by NurseMaximum · · Score: 1
      Let's remember about LokiTorrent's law defense fund. They had the guts to stand for their rights and say no to corporate bullying, and they are doing it for the rest of us too. If they win such lawsuits would have to stop.

      I wouldn't get too defensive about LokiTorrent, since they appear to be considering throwing in the towel already.

      --
      Who meta-moderates the meta-moderators?
    4. Re:LokiTorrent by Anonymous Coward · · Score: 0

      Yeah, because it isn't like they could fake the thing to get some easy cash and sympathy.

      But at least they are not sellouts!

    5. Re:LokiTorrent by cpt+kangarooski · · Score: 2, Informative

      Actually, the arguments the industries are making in the Grokster case, which goes to the Supreme Court in a couple months, are pretty much along the lines of that technologies that are used in conjunction with piracy should be banned or crippled so as to make them basically impossible to so use them.

      Cheers.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:LokiTorrent by Anonymous Coward · · Score: 0

      hahahahahaha!

    7. Re:LokiTorrent by Anonymous Coward · · Score: 0

      It seems like the economical way out would just be for the MPAA to buy the illegal torrent sites out instead of spending more for the legal fee and the minute risk that some judge might rule against them. It wouldn't really be ethical paying people to exploit them, but it probably would give them the most bang for their buck.

    8. Re:LokiTorrent by Orgadam · · Score: 1

      Such lawsuits against BitTorrent sites would have to stop, but lawsuits against individuals could still continue.

    9. Re:LokiTorrent by Anonymous Coward · · Score: 0

      According to the front page of LokiTorrent, the site is not for sale--just the domain name.

  16. The Cases were Dismissed by Jensaarai · · Score: 0

    When the sued pointed out they were simply trying to make up their lost money for seeing xXx.

  17. Please make your post XHTML compatible. by Anonymous Coward · · Score: 1, Informative
    Remember, kids: close those paragraph tags with

    !
    1. Re:Please make your post XHTML compatible. by Anonymous Coward · · Score: 0

      Also, paragraph tags are not the same as /> tags. Not that it really matters on a site as badly non-standard as slashdot.

    2. Re:Please make your post XHTML compatible. by Anonymous Coward · · Score: 0

      XHTML compatible? Why? Slashdot certainly isn't, and given the length of time people have been griping about it, it probably never will be.

  18. VERY liberal definitions by xThinkx · · Score: 4, Interesting

    Yes, I RTFA, and the software that they've produced doesn't distinguish between legal files and "illegal files" I see this as completely rediculous. How many clueless parents will punish kids now for doing something that's completely legal, moral, and ethical. It even flags iTunes files, and Mirc, I mean, come on here. There should be a libel lawsuit here to deter people from distributing what is in essence a fraud of a "illegal file detecting software"

    --
    Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
    "
    1. Re:VERY liberal definitions by Anonymous Coward · · Score: 0

      I do not share the pain of someone who is stupid enough to install any crap given by the MPAA because "it's good for you and your kid!".

    2. Re:VERY liberal definitions by Jah-Wren+Ryel · · Score: 1

      I see this as completely rediculous.

      I beg to differ. I see it as completely greendiculous, also known as gangrene of the penis. Rediculous just means you overdid things a little bit, too much fun is all.

      --
      When information is power, privacy is freedom.
    3. Re:VERY liberal definitions by xThinkx · · Score: 1

      Damn you English, you win this time, but Next time I soon you beate in battel, see you will.

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    4. Re:VERY liberal definitions by Kethinov · · Score: 1

      I would so be suing the MPAA right now if I were the author of mIRC, or another implicated program.

      With their broad definitions, the built in FTP clients in Windows, *nix/KDE/GNOME, and OS X are illegal enough. Hell, any computer with a bloody network connection is illegal enough.

      For crying out loud, it's not the tool, it's how you use it, ad nauseum. And even then the morality the **AA is standing on is questionable.

      Why can't our lawmakers see past their own greed and create truly moral laws regarding copyrights? And half a dozen other things for that matter?

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    5. Re:VERY liberal definitions by me+at+werk · · Score: 2, Informative
      File download page

      Thank you for choosing to Download DtecNet Parent File Scan.

      Parent File Scan is brought to you by DtecNet Software ApS. This free program allows you to search your computer for installed P2P applications as well as movie and music files. You will then be given the option to remove the identified applications and delete infringing movie and music files in a few easy steps. The program does not distinguish between legal and illegal copies, as it is up to the user to determine, whether the files found by the program have been acquired legally, or whether the material should be deleted. Information generated by the program will be made available only to the program's user and will not be shared with or reported to DtecNet Software or any other body.


      Thus, the "user" aka "parent" aka "computer illiterate family member" will have to figure out if you ripped those songs off that cd of the same name over in the corner, or saved time by downloading copies. But would they even care? No, let's just delete them all and if they want them back "they can rip them again". But then what happens to the music you paid for? I don't know if iTunes/whatever has a "yours for life" policy where you can redownload things you've already bought, but probably not. Terrible.
      --
      For context, click Parent.
    6. Re:VERY liberal definitions by xgamer04 · · Score: 1

      I dunno dude, you might want to say "broad" definitions, since the RNC and Rush Limbaugh have turned the word "liberal" into a trigger word for 2/3 of americans.

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
    7. Re:VERY liberal definitions by Anonymous Coward · · Score: 0

      What would be the results of renaming your media files. Say you have a popular movie and rename it FunnyMovie.wmv. How does the **AA know what that is? How can you be held accountable if you don't have "illegal" files by name. I don't remember this but supposedly people on Napster changed files names to pig latin in order to avoid attention. Sounds like it could still work.

  19. Re:hammer revolution --; by Anonymous Coward · · Score: 0

    a/s/l?

  20. Absurd! by Arcanix · · Score: 3, Funny

    Oh dear, people getting sued for committing illegal acts, how appalling! What is this country coming to?

    1. Re:Absurd! by grumpygrodyguy · · Score: 5, Insightful

      What is this country coming to?

      It's coming to citizens having to personally reclaim their rights from corrupt lawmakers.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    2. Re:Absurd! by smooth+wombat · · Score: 0, Redundant
      It's coming to citizens having to personally reclaim their rights from corrupt lawmakers.

      Since when has stealing EVER been allowed? Yes, it is stealing if you download a song which you have not paid for. You can whine about information wanting to be free and how you wouldn't have bought the album/song anyway but it's still stealing. You didn't pay for it. Period.

      The MPAA/RIAA are just umbrella groups for those they represent. They are doing what any good business group is doing, protecting their interests.

      Maybe you prefer having every recording company who owns the rights to the songs file a lawsuit against you for stealing what they own. Yes, they do own the rights to the songs. You don't. They are the ones who negotiated with the bands to record, edit, produce and distribute the songs or albums. You didn't.

      Quit trying to make it sound like you're being oppressed. You're not. If you're want the song so badly go get an account with Apple or someone similar and buy the song through them. Or go to a second-hand store and buy the whole album and do what you want with the CD.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    3. Re:Absurd! by Kenja · · Score: 1
      "It's coming to citizens having to personally reclaim their rights from corrupt lawmakers."

      Because if you cant enjoy the fruits of another persons work without their permission the terorists win! Please explain what "right" is being infringed here. Is it the rights of the copyright holders? Better yet, since you dont think other people should be able to make money from their time and efforts, why not tell your boss you'll work for free from no on, eh comrad?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    4. Re:Absurd! by dnaumov · · Score: 1

      The right to steal?

      If you ever wrote a book and hoped to make a living off it, how would you feel if I redistributed a copy of that very book to every single individual who would've otherwise have to purchase it? How would you feel if you started demandinding your hard-earned money after that, only to be told that "information wants to be free"?

    5. Re:Absurd! by Rande · · Score: 2, Interesting

      Since when has stealing EVER been allowed?

      Stealing? Yes, that's been illegal for a very long time. Copyright infringment? Only a few hundred years. The USA used to have no problem at all with copying works from Europe and elsewhere even after it created internal copyright legislation.

    6. Re:Absurd! by drinkypoo · · Score: 1

      Since when has copyright infringement EVER been stealing? When will people like you that both are legally and morally different? Reprehensible? Probably. But they are NOT the same thing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Absurd! by DarkEdgeX · · Score: 1

      Stealing infers that by getting your copy you are depriving the original owner of theirs. This isn't the case. If I take someones bicycle, they are deprived of the bicycles use. If I download a perfect digital copy of someones movie, they are still fully capable of watching the movie as well or attempting to sell it to others.

      Please don't mis-apply the words "steal", "theft" or any variation thereof.

      As far as how I'd feel if someone took a book I wrote and copied it and gave it away to others? I wouldn't care. I can't stop people from thinking or talking with others. Is it any different if they can't make a page by page copy of the book but instead tell their friends the entire story, including the conclusion? I don't think so. Technology has brought us to the point where it's cheap and easy to make copies of intellectual works, we should embrace that technology and remove the shackles of copyright law that inhibit, not promote, creativity.

      --
      All I know about Bush is I had a good job when Clinton was president.
    8. Re:Absurd! by Tim+C · · Score: 2, Insightful

      What right has been taken away from you?

    9. Re:Absurd! by Anonymous Coward · · Score: 0

      The modding up of your comment is a perfect example of how far Slashdot has fallen from grace.

      The modding down of the comment correcting you just drives that point home.

      Slashdot is now where the 'geek' posers hang out. I thought I would never see it but here it is plain as day. 'Geeks' today are not measured by their technical skills or intellect. 'Geeks' are now defined by the demographic of 'geeky' consumerism.

      Whats on your geek resume? Installing a new videocard every 6 mo. and bragging how leet you are? Downloading warez and movies? Modding your XBOX?

      I can program in c,c++,python and assembly (x86,motorola/freescale,PIC). I worked on genetic algs., DSP projects, OpenGL and Direct3D engines and MySQL/Apache web applications. I can design electronics -- analog, digital and embedded systems. I not only run but program in win32,apple and linux (I dont just install linux and think I'm so 'leet' because I can configure the shit out of my desktop to look like it belongs in some will smith sci-fi movie. I actualy use it -- unlike the gentoo crowd that doesn't know what the hell to do with the system so they end up compiling the shit out of everything for lack of anything better to do.)

      The point is not to stroke my own ego but rather point out that I think I can safely claim 'geek' status.

      And with that, I call bullshit on your comment and the mods who upped it. I don't beleive for an instant that you represent the community that WAS slashdot.

      You sir come across as a 'social leach' that has never contributed to anything in which you had to put forth significant effort. I say this because you clearly lack the appreciation for others that do.

      I best I can hope for here is that you are just a clever troll.

    10. Re:Absurd! by roman_mir · · Score: 2

      Oh yeah, I remember this one: The Right To Download/Distribute other people's copyright work without asking permission.

    11. Re:Absurd! by Anonymous Coward · · Score: 0
      Please don't mis-apply the words "steal", "theft" or any variation thereof.
      I'll stop calling it "theft" when others stop calling it "sharing."
    12. Re:Absurd! by bitwiseNomad · · Score: 1

      Since when has stealing EVER been allowed? Yes, it is stealing if you download a song which you have not paid for. You can whine about information wanting to be free and how you wouldn't have bought the album/song anyway but it's still stealing. You didn't pay for it. Period.

      What percentage of the people of the USA do you think would walk into a vacant house with its door open and steal something?

      What percentage of the people of the USA engage in filesharing?

      If these percentages are even 10% different, you might want to rethink your position that file trading and stealing are the same thing. If these percentages are drastically different, it may be a clue that you're missing something fundamental.

      P.S. Declaring that the percentage of people who would steal given the chance is X does not make it X. The number will be what it is regardless of what you say to me or anyone else. I am not asking for your answer, so you have no reason to not be honest when answering these questions for yourself.

      --

      Light is filtering down from above. Would you like to use DIVE?
    13. Re:Absurd! by FirstTimeCaller · · Score: 2, Insightful

      What right has been taken away from you?

      The ability to use copyrighted works after their copyright has expired. OK, technically this hasn't been taken away -- just the expiration extended (indefinitely). I should by now be able to use the Mickey Mouse likeness without paying Disney a dime. I should be able to repoduce copies of "The Thin Man" movie. But, I can't.

      Copyrights were never intended to provide a monopoly on works forever. See Lawrence Lessig's book for a better explaination than I could ever hope to muster.

      --
      Wanted: witty unique signature. Must be willing to relocate.
    14. Re:Absurd! by Zip+In+The+Wire · · Score: 1

      Though I sympathise with your plight, you better wake up and smell the coffee. American steel workers went the way of the horse and buggy too.

      Copyright violation is not stealing under the LAW (a little thing we have in this country which you may not be used to). The absolute proof of that is, if it were stealing, it would be considered petty theft because the items involved are under $50 almost always.

      Since the damages are range up to $150,000 dollars, this obviously is not the same thing as theft. It's copyright infringement and is a different beast, both according to anyone with common sense and the law.

    15. Re:Absurd! by SilverspurG · · Score: 1

      American steel workers went the way of the horse and buggy too.

      So... what you're saying is that eventually Hollywood will move to South America, or Asia, or South Africa?

      Good riddance...

      --
      fast as fast can be. you'll never catch me.
    16. Re:Absurd! by Jah-Wren+Ryel · · Score: 2, Informative

      Since when has stealing EVER been allowed? Yes, it is stealing if you download a song which you have not paid for. You can whine about information wanting to be free and how you wouldn't have bought the album/song anyway but it's still stealing. You didn't pay for it. Period.

      Since just until 1997.

      Yeah, go ahead and call it stealing if it makes you feel righteous, it doesn't matter. What does matter is that up until the 'No Electronic Theft (NET) Act' was enacted on December 17th, 1997 it was COMPLETELY LEGAL to download and make available for download, a song, or a movie, or software for which you have not paid for. PERIOD.

      Don't believe me and not smart enough to read the bill yourself? Just google for LaMacchia, the guy whose prior case proved that such sharing was NOT ILLEGAL.

      --
      When information is power, privacy is freedom.
    17. Re:Absurd! by bitwiseNomad · · Score: 1

      how would you feel if I redistributed a copy of that very book to every single individual who would've otherwise have to purchase it?

      Thanks so much for asking. I wouldn't care one lick. As a producer of information, I have to compete with many other producers. The more raw exposure my work gets, the more sales I will eventually have. That's why some producers pay other people to distribute free copies of their work.

      Writing a single book or making a single CD or making a single video game and hoping to make a living off of it is asking to be tossed into the gutter. Entertaiment and the production of information is a continual process that an artist engages in over the course of their life. How many artists who have produced a single piece of work in their life are succsessful? Maybe there are a few "one-hit wonders", but artists that don't continually produce get stomped out by those who do. It's moronic to expect to do one thing and be set for life.

      That being said, as a single producer in a sea of producers, I would not have any sort of clout to demand money for my work in its infancy. However, as the body of my work grows and as more people recgonize my talent, I become more valuable. Regardless of what I've done in the past, If anyone wants the latest greatest, they have to come to me. This is the point you seem to be missing. The value of entertainment does not lie in the file or the CD or the movie itself. It lies in the producer's ability to continually produce entertaining things. The value is in the name. You want Jimmy Hendrix? You have to go to Jimmy Hendrix. You want more Tom Waits? There's only one place you can get it. The producers are valuable, not their information.

      So it would be with my entertainment. If it turns out I'm not any good at writing books, you should be glad that no one buys from me and I'm forced to stop. That makes room in the book industry for someone more talented than I, and I have the potential to wind up doing something I might actually be good at. I have no God-given right to recieve money for my work, especially if it isn't worth the paper it's printed on.

      On the other hand, how eager do you think publishing houses would be to snatch me up if they heard their family members talking about how fun I was to read? How many eBook sales do you think I would get from people saying that my last book made their eyeballs sweat?

      I guess I could just whine and stomp my feet and demand my money, but since when has it been a good idea to make oneself irrelevant? The quickest way out the Exit door for a producer is anatagonizing their audience. Don't bite the hand that feeds, as they say.

      --

      Light is filtering down from above. Would you like to use DIVE?
    18. Re:Absurd! by Anonymous Coward · · Score: 0

      What right has been taken away from you?

      The right to copy.

      If the government hadn't retroactively extended copyright terms, we would have the right to copy lots of things that we do not have the right to copy now. Our right to copy these things was taken away.

      In some countries, previously public domain works have reverted back to copyrighted works because corrupt politicians took those works out of the public domain with retroactive changes to the law.

      Copyright is supposed to be a temporary monopoly, not a god-given permanent right to control what other people do with their property.

    19. Re:Absurd! by Anonymous Coward · · Score: 1, Interesting

      But it is sharing. It might be illegal sharing. It might be immoral sharing. But it is sharing. It is not, however, theft.

    20. Re:Absurd! by Anonymous Coward · · Score: 0

      The absolute proof of that is, if it were stealing, it would be considered petty theft because the items involved are under $50 almost always.

      No, the absolute truth is that the Supreme Court ruled copyright infringement wasn't theft in Dowling vs US, 1985 .

    21. Re:Absurd! by Anonymous Coward · · Score: 0

      The resource being stolen is not content. It's money. If I produce a work, and price it at $50/copy, I've decreed for all that each copy is worth $50 dollars to me. If you copy it for free, you've taken $50 from me. Period.

      I want my $50 please.

    22. Re:Absurd! by Anonymous Coward · · Score: 0

      Bullshit. If $50 was stolen from you, where did it go? Was it taken out of your wallet or out of your bank account?

      If I put a dollop of paint on a canvas and price it at (pinky) one billion dollars, and then somebody copies it, does that mean that I am owed one billion dollars?

    23. Re:Absurd! by JesseMcDonald · · Score: 1

      Even if each copy is worth $50, you do not own all the individual copies. Not even current copyright law gives complete ownership of all the copies to the original author; only the right to copy is exclusive. If someone took one of your copies (which you value at $50), then they owe you $50. However, if someone makes their own copy (thus doing themselves all the work required to make the copy), they have not taken $50 from you. You still have just as much as you had before.

      Lost opportunity for a sale is not the same as theft. One might as well say that you owe the bottled-water companies money for the water you drink, which they value at approximately $1.00 per 20oz bottle. Water is actually a good element to compare with here: it is readily available, can be produced (like copies) by both "consumers" and "producers" alike effectively for free, and someone is trying to sell it. The difference is that no one complains when someone bottles their own water instead of purchasing it.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    24. Re:Absurd! by Anonymous Coward · · Score: 0

      It's not "illegal" in any real sense of the word. Copyright is a civil, not criminal matter.

    25. Re:Absurd! by jgman · · Score: 1

      From the Bill of Rights.

      Amendment IX

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      --
      This is not the sig you are looking for...
    26. Re:Absurd! by dooglio · · Score: 1

      The DMCA makes it illegal for me to play DVDs using free software, or rip them in order to access content for personal use (not for distribution). It's called Fair Use, and it's been hampered in this respect.

    27. Re:Absurd! by quarkscat · · Score: 1

      What, indeed, is this country coming to?

      Especially when monopolistic corporate entities
      switch from using civil lawsuits to employing
      the Federal government to use "conspiracy to
      commit" in order to enforce their God-given
      right to gouge their customers.

      Attacking BitTorrent server operators expressly
      in the enforcement of copyright for proprietary
      media (eg. movies) is one thing, but when it
      effects perfectly legal usage for F/OSS D/L,
      then it's time for the revolution against the
      staus quo to begin. (And I can't think of any
      better place to start than on this issue ...)

    28. Re:Absurd! by fm6 · · Score: 1
      I agree that these infinite copyrights that we've been forced to accept are just plain wrong. Copyright should be a way of rewarding creative people, not a way of rewarding their heirs and asignees until the end of time.

      But a violation of our fundamental rights? Not all unfairness reaches that level. We're not talking freedom of speech, we're talking about fair use of other people's speech. If re-using other people creative works is a fundamental right, how can you justify even time-limited copyrights?

  21. Conspiracy Theory #987654321 by malcomvetter · · Score: 1

    There used to be a rumor (perhaps urban legend) that Listerine and Listermint (or maybe some other brand-- I was kid in the 80s) were products of the same company: one marketted towards upperclass consumers geared towards buying the best hygiene products, the other towards the low-end consumer who just wanted mouthwash.

    What can be applied to the MPAA you ask? Simple: perhaps they don't go after the people selling their wares because they're getting the profits from them ... i.e. that's their low-end consumer version!

    1. Re:Conspiracy Theory #987654321 by GinjaMonkey · · Score: 2, Interesting

      IANAL, but doesn't this amount to "selective enforcement" of a copyright? I thought that the idea was that if you have only go after some people infringing your rights, but knowingly ignore others, especially for arbitrary reason, doesn't that potentially void your copyright?

    2. Re:Conspiracy Theory #987654321 by Macadamizer · · Score: 1

      "IANAL, but doesn't this amount to "selective enforcement" of a copyright? I thought that the idea was that if you have only go after some people infringing your rights, but knowingly ignore others, especially for arbitrary reason, doesn't that potentially void your copyright?"

      No, it does not void your copyright. You can have a hundred infringers, and choose to only go after the one with deep pockets, and that will have no impact on you copyright.

      However, if you let someone infringe long enough, you COULD lose the right to stop them from infringing -- this is a concept known as laches, and basically means you have to sue someone fairly soon after you realize you need to sue them, or don't sue them at all. But even if you are banned from suin one infringer because of laches, you can still sue the next guy, even if he is doing the exact same thing, as long as he doesn't have a laches defense himself.

      Trademarks, on the other hand, those you pretty much have to sue everybody on, or you could lose your mark. But patents and copyrights, you don't ever have to enforce them if you don't want to -- but they still won't go away unless you deliberately give them up or they expire.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:Conspiracy Theory #987654321 by SilverspurG · · Score: 1

      "selective enforcement"

      You've just described the entire function of the US. No. I'm not joking. Yes. I'm being completely serious.

      Be a cynic. Life makes so much more sense that way.

      --
      fast as fast can be. you'll never catch me.
    4. Re:Conspiracy Theory #987654321 by sangreal66 · · Score: 1

      You are confusing copyright law with trademark law.

    5. Re:Conspiracy Theory #987654321 by GinjaMonkey · · Score: 1
      this is a concept known as laches

      Laches? Laches? We don't need no stinking laches!

      (Seriously, though, thank you for educating me, Macadamizer.)

  22. Illegal Music and Movies by Anonymous Coward · · Score: 0

    Does anyone else see how fucked up it is to make movies and music illegal? Thats something they do in really horribly opressive societies.

  23. Imagine... by GillBates0 · · Score: 5, Funny
    parents can talk with children about the legalities of peer-to-peer activity

    parents having a "little talk" with their kids about P2P activity:

    Johnnie: Daddy, where do MP3 files come from?

    Daddy: Johnnie, Mom and I are going to have a little talk with you now.

    Johnnie: Okay, Dad.

    Mommy: You know Johnnie, there's something you need to know about MP3 files and P2P clients.

    Daddy: When an MP3 file meets a P2P client, something very beautiful happens.

    Johnnie: What's that Daddy?

    Daddy: It's called File Transfer, son. When a beautiful MP3 file meets a nice, young P2P client, they start exchanging packets and then a new MP3 file is born.

    Mommy: But you have to remember, son...bad things can happen if MP3 files and P2P clients do not take proper precautions during the File Transfer. Then they can get infected with Spyware and Viruses and die.

    Daddy: You'll understand this better when you grow up, but always remember that we're here for you if you need us. And always remember to take proper precautions during File Transfer.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:Imagine... by paranode · · Score: 2, Funny

      Daddy: And if you get caught using MP3s and P2Ps together when you don't have permission, Daddy's going to have to take out a loan on your ass to pay off the music industry, capiche?

    2. Re:Imagine... by hackerjoe · · Score: 1
      It's called File Transfer, son.


      A more... evocative term for this is Software EXchange.
    3. Re:Imagine... by Anonymous Coward · · Score: 0

      capite

    4. Re:Imagine... by Anonymous Coward · · Score: 0

      Daddy, whats oral file transfer?

    5. Re:Imagine... by ScooterBill · · Score: 1

      I think filing lawsuits against comsumers is bad marketing, period.

      The other thing is I'm not sure how this will work out in the long run. Obviously, the parallels between cassette tape, video tape and the consternation that they brought the entertainment industry was vastly overdone and ultimately proved beneficial to the industry. But if it takes virtually no effort to get the song you want, at no cost and right now, then the temptation is too much. It's like the "just say no" campaign against sex and drugs. Most people won't "just say no".

      So either there will be a huge fight between the consumer and the entertainment industry/government or a new distribution method will arise that is preferrable to P2P file sharing.

      I think that something along the lines of monthly subscriptions would work. NetFlix comes to mind. Say if you could have access to 100 songs at any one time for a reasonable monthly fee. You swap out the ones you don't listen to for new ones (or old ones). If NetFlix, Walmart, etc can make money off it, then it could work. It's better than not making any money.

      Comments?

    6. Re:Imagine... by LiquidCoooled · · Score: 1

      I wholeheartedly agree.

      I would gladly give up my monthly cable subscription and replace it with a monthly media download charge.

      I only watch a few shows, and all of them are available on the tv downstairs at some point during the month. However, with 2 kids around and unfortunate scheduling by the cable company, I cannot sit down and watch when I feel comfortable.
      I also do not like vhs recording, and do not have the inclination to purchase a dvr at this time.

      --
      liqbase :: faster than paper
  24. Re:hammer revolution --; by Anonymous Coward · · Score: 0

    18/f/cali

    by which i mean

    38/m/idaho

  25. Re:Text Based Browsing by Anonymous Coward · · Score: 0

    They make text-based browsers now? And here I've been using telnet to port 80 all these years...

  26. How ironic... by neil.pearce · · Score: 1, Insightful

    That their software download site is called respectcopyrights.org, when they don't respect them themselves when they're about to run out...

    1. Re:How ironic... by decosterthomas · · Score: 1

      Can they please make a bittorrent file of that.

  27. SLANDER! by Anonymous Coward · · Score: 3, Interesting

    "Parent File Scan also uses a very liberal definition of file-swapping software. In a test on a CNET News.com computer, the software identified Mirc--a client for the Internet Relay Chat network, where files can be swapped, but where tens of thousands of wholly legal conversations happen every day--and Mercora, a streaming Web radio service that uses peer-to-peer technology but does not allow file swapping."

    Couldn't the companies that produce some of these products now turn around and sue the MPAA for slander?

    I suppose it depends on exactly what they say about the programs, but if that web radio service is run by a company that does not stream MPAA stuff over their service, then telling parents it might be used for piracy is an outright lie.

    1. Re:SLANDER! by Rolgar · · Score: 1

      Sounds like somebody needs to sue the movie companies after they've been a victim of a crime similar to one depicted in a movie. While the movie might be entertainment, it can enable bad behavior just as easily as software.

  28. How many... by sammykrupa · · Score: 1

    10-year-old girls are being sued this time?

  29. Great timing... by beef+curtains · · Score: 1

    These lawsuits better not result in another crappy Superbowl iTunes commercial.

    The "iTunes Exclusive" Green Day song (the "I Fought the Law" cover) from the last one made me want to gouge my ears out.

    --
    Just once I'd like someone to call me 'Sir' without adding 'You're making a scene.'
    1. Re:Great timing... by Iamthewalrus · · Score: 1

      Really? I thought it was a pretty cool cover.

      I went straight to Kazaa to get myself a copy.

      --
      Help prevent the slashdot effect; stop reading the articles.
  30. Microsoft Acquires Hollywood by Dylan+Thomas · · Score: 3, Funny

    SEATTLE--In an unexpected move, corporate giant Microsoft has acquired Hollywood in what it refers to as the "logical next step" in content development.

    Microsoft has long been known as an industry leader in providing semifunctional applications for the viewing, development and distribution of digital content and comments that the acquisition of Hollywood will complete the synergy necessary for including the content itself.

    End users, claims Microsoft, will see a remarkable increase in convenience when accessing content. Hollywood products will be available directly from the desktop via their new "Cinema Explorer" application with the guaranteed quality, stability and availability that only a vision-impaired corporate monolith can provide.

    Security is also a top priority, and Microsoft is introducing a new licensing system to aid in the distribution of Hollywood content. Instead of purchasing a copy of the motion picture itself, end users purchase a "License to View" which piggybacks on their highly successful and completely unhackable "Product Activation" architecture introduced with Windows XP. A motion picture is keyed to the unique hardware identification number of the user's computer and can only be "activated" on that computer.

    Some civil rights groups have expressed concerned about corporate profiling based on end user viewing habits. A Microsoft spokesman responds, "Obviously, this is possible, but fortunately, Microsoft is a responsible corporation with a very solid privacy policy. We never have any idea who's using our products. A quick look at our customer support system ought to clearly demonstrate that."

    Microsoft also stated in a press release that recent maneuvers to acquire the RIAA are completely unrelated.

    --
    What he wants is more important that what I want. What he wants is also more important that what you want.
    1. Re:Microsoft Acquires Hollywood by xgamer04 · · Score: 1

      Does this mean we'll have to reboot the projector half a dozen times during movies for the next decade while they fix the bugs?

      --
      When you look at the state of the world, how can you not become a radical, liberal anarchist?
  31. Is this really news??? by miskatonic+alumnus · · Score: 1, Troll

    Is there really anything new to be said about this that hasn't been repeated a million times before?

    25% of the comments will be "MPAA SUX0R! Information wants to be free!"

    50% of the comments will be "If you do the crime, do the time!!"

    25% of the comments will be offtopic, random garbage.

    This comment, of course, falls in the last category.

    1. Re:Is this really news??? by Anonymous Coward · · Score: 0

      Then yes, there is somthing new. Your percentages are waaaay off, considering that up to this point I have only seen 1 comment that sided against "people doing illegal activities", so something must be new, no?

    2. Re:Is this really news??? by dknj · · Score: 1

      Mod parent offtopic. Mod this post informative.

      -dk

  32. How much can they really sue for? by iamhassi · · Score: 3, Insightful
    I can understand (sorta) the RIAA charging $15 for each mp3 because you have to pay $15 for each CD the original song would be on and since most people have hundreds or thousands of mp3s that can get expensive very fast, but how much can the MPAA sue someone for when they're typically sharing a dozen movies? 12 x $15 per dvd = $180 total. So what are they doing, sending lawsuits for $180 to these people, or are they not bothering to go after the people only sharing a dozen movies at a time?

    I download movies but don't share that many because of hard drive space, I only share what I'm still downloading. Once it's done I typically burn it to CD and delete it from the PC, so while I have (insert large number) movies all they see is maybe the dozen I'm downloading. How successful will this be?

    --
    my karma will be here long after I'm gone
    1. Re:How much can they really sue for? by cnkeller · · Score: 1
      So what are they doing, sending lawsuits for $180 to these people, or are they not bothering to go after the people only sharing a dozen movies at a time?

      There is generally a fine. Obvioulsy it's not about the cost of the movie media. But once you tack on things like 150K for each violation, plus damages, plus this plus that, plus possibly jail time, blah blah, it *can* be significant. That's why the RIAA was succesful in getting basically what amounts to pocket change from their lawsuits. "Either pay us 7K now or pay thousands in lawyers fees plus the potential maxium fine of one billion dollars!!!"

      If i recall correctly, there were a few people that bascially said 'Fine RIAA, take me to court and prove your case." Does anyone know what happened with any of those people?

      --

      there are no stupid questions, but there are a lot of inquisitive idiots

    2. Re:How much can they really sue for? by cpt+kangarooski · · Score: 4, Informative

      The answer to your question is at 17 USC 504, 505.

      In general though, these suits are brought for the maximum amount of statutory damages. That means $150,000 per work infringed upon. So for a person who rips and scans a CD and puts it on their server, and the CD has, let's say 10 tracks, we could easily see 22 infringements -- the CD as a compilation, each song, each recording of each song, and the artwork. (This is a worst case sort of thing -- it could all be one big work just as easily)

      So that's 22 x $150,000 = $3.3 million.

      I remember a few years ago that some college students were being sued for billions of dollars.

      Of course, the damage award could be lower, but it's still going to be pretty significant most of the time (the least you can normally expect is $700 per work) and the mere amount of the award doesn't mean you can pay it.

      Since there's no point in trying to get blood from a stone, and since the cases are slam dunks as a rule, the RIAA and MPAA generally are very kind in agreeing to settle for a mere few thousand dollars.

      I download movies but don't share that many because of hard drive space, I only share what I'm still downloading. Once it's done I typically burn it to CD and delete it from the PC, so while I have (insert large number) movies all they see is maybe the dozen I'm downloading. How successful will this be?

      Because they watch you get each one, and have evidence of that. And they sue you, and have a discovery request requiring you to tell them and to produce the copies and your equipment so they can inspect it. And because they get a court order to impound the copies you made and go to your house with federal marshalls and take them away.

      These suits are not being brought to make money. People don't have enough money to make this worthwhile.

      It's just to scare people into not pirating.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:How much can they really sue for? by TheSportsGED · · Score: 1

      l3333ch

    4. Re:How much can they really sue for? by mtnharo · · Score: 1

      Don't forget that they sue for the value of the DVD for each time it was downloaded, up to a certain maximum. Since they basically assume everyone wants a copy of any crap that the sharer may have had, they go for the maximum. That's where you get the supposed billions of dollars in losses caused by file sharing.

    5. Re:How much can they really sue for? by Paul8069 · · Score: 1

      I still have to wonder how they can file these suits without proving they're losing any money?

      --
      Paul
    6. Re:How much can they really sue for? by cpt+kangarooski · · Score: 1

      Because the law says that they can sue for a variety of remedies and that they never have to show that they're losing money in order to do so. In fact, even if an infringement made money for you somehow, you could still sue.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:How much can they really sue for? by Paul8069 · · Score: 1
      That's almost like me walking on the side of the road, getting hit, and the driver getting to sue me for inconveniencing them.

      Certainly let the lawyers have their way with things, have we?

      --
      Paul
    8. Re:How much can they really sue for? by ChrisPee · · Score: 1

      The statute of limitations is measured in YEARS, as are the MPAA's logfiles. It certainly does not matter how many movies you are sharing at any particular moment.

    9. Re:How much can they really sue for? by cpt+kangarooski · · Score: 1

      The purpose behind it is because copyright holders are sympathetic figures, compared to infringers. Since it's hard for them to show their injuries, and since they lobby a lot, Congress decided they don't have to bother.

      Also your example isn't that great since that can actually happen. Negligent persons are liable for damages arising out of their negligence, basically. If you negligently are in the road, and a car is damaged by hitting you when you're present there, you are liable for it. But since you likely were injured by the driver's negligence, and by a greater amount, what this translates into is a reduction in the amount of money you get from the other guy.

      It's not unfair. (the old system of not allowing negligent persons to recover damages at all, that was unfair)

      I don't think it's really appropriate to blame lawyers for this. In fact, let's have parades honoring lawyers! That's a good idea.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:How much can they really sue for? by LiquidCoooled · · Score: 1

      Thats good for NTL customers then.
      we only have 128k upstream.
      I don't think anyone has managed to upload a whole movie from a single user.

      --
      liqbase :: faster than paper
  33. NOW's the time! by potus98 · · Score: 2, Funny

    See, this is why I'm not a early adopter. Let the shake-out happen a little is what I say. Now that this new round of lawsuits against individuals have been filed, the data collection period is over for now! The sabre-rattling lawsuits tell me that NOW is the time to start downloading the movies I want!

    It's like slowing down on a country road when you see a cop with someone pulled over. Silly! That's the time to speed people!

    [/sarcasm] -so don't preach to me about IP theft or endangering officers' lives.

    --
    This one gang kept wanting me to join cause I'm pretty good with a bo staff.
  34. Go sue me! by Anonymous Coward · · Score: 0

    The average amount of blackmail that the *AA settles for has been $3000 in these lawsuits. I've got over 6000 titles downloaded, which works out to less than 50 cents per song. That's less than iTunes can do, and that's ONLY if they catch me.

    It seems like a pretty good deal to me. And, oh yeah, if they catch me, sure, I'll pretend to give up my collection to them, no problem!

    It's sooo easy to download what you want these days. Go bite me *AA. If you make a better product than what I can do now, I'll drop my current downloading and switch. Otherwise, forget it.

    1. Re:Go sue me! by Anonymous Coward · · Score: 0

      Gerr, gerrr, GERRR, look at me! I am an ANONYMOUS COWARD slashdotter telling t3h EVIL *AAholes to come and get me! I am soooo cool and brave standing up to THE MAN11111!!one!

      My definition of "better products" is the **AAs allowing me to download their stuff for the acceptable price of $0.00, having the files are in the mp3/ogg/sid/midi/mpg/txt/doc/etc format, and them sending me original copies of their stuff on cds/dvds.

      Since you can't meet my absurd requirements, and I would change them the second you even come close to reasonably matching one of them, I will continue on my marry little way. I talk of switching, but we all know that is just one of many excuses I use to justify any guilt I feel from getting their stuff for free without their permission and without paying them for their work.

  35. Does the search include .jpg? by Anonymous Coward · · Score: 0

    cause looking for junior's music files might then also be bringing up dad's (or junior's) pron stash and make for a whole lot more uncomfortable of a conversation.

  36. Re:Motion Picture Association of America by Anonymous Coward · · Score: 2, Interesting

    disclaimer: IANAL, nor do I play one on TV. This is not credible legal advice.

    Does this mean downloading Japanese Anime is OK?

    Well the MPAA has no grounds to sue you if none of their members own the copyright to the material... so not just anime, but when it comes to independent films*, pr0n, or anything foreign, I don't see how they could.

    *keep in mind that nowadays a lot of films billed as "independent" have major studio backing

  37. P2P Software is illegal now?? by Anonymous Coward · · Score: 3, Interesting

    According to RespectCopyrights.org, they're touting, and I quote:

    "...Peer-to-peer file-sharing applications that encourage piracy, such as eDonkey, Gnutella and KaZaA, might seem simple and harmless, but running them puts your computer at great risk, IN ADDITION TO BEING UNLAWFUL." (my emphasis)

    What the hell??!?!?

    You could take them to court for that ;) its just a blatant lie!

    Its amazing how quickly they've started to deliberately spread misinformation. Theres no way they could say they were stating it 'could' be illegal - its just plainly 'these programs are illegal'!

    1. Re:P2P Software is illegal now?? by Kjella · · Score: 1

      Its amazing how quickly they've started to deliberately spread misinformation. Theres no way they could say they were stating it 'could' be illegal - its just plainly 'these programs are illegal'!

      It is their opinion that they are. That is basicly what they will be arguing in the Supreme court case against Grokster. You just got a list of some of the applications they want to outlaw. mIRC, eDonkey, Gnutella, KaZaA is just the start. I'm surprised Direct Connect and BitTorrent didn't make the list. I'm sure they'll get around to banning those too.

      Isn't it funny that IRC has been in use for almost 30 years, and noone has found it illegal until now? It tells me that the software isn't and has never been the problem, it has always been capable. Hell, it predates the web by more than a decade. It is simply the proliferation of broadband that has made filesharing viable. As for software, the cat was out of the bag long ago.

      Kjella

      --
      Live today, because you never know what tomorrow brings
  38. I don't get it by accad · · Score: 2, Insightful

    I just don't get it, do they really think that they will shut down all P2P networks by suing users? How long have the software companies been trying to shut down warez sites? Did they succeed? No.
    As far as I'm concerned, file sharing is here to stay, it is impossible to kill a technology once its out there, they tried to kill VHS and failed, and right now they are making billions from something that they once tried to eliminate, they are better off stopping wasting resources trying to stop file sharing and putting all that money and brain power into trying to find a way to gain from it.
    I am not a marketer, so I have no idea just how they can do that, but there must be a way.
    There is no "bad" technology, there is only technology that haven't learned to use to its full potential yet.

    1. Re:I don't get it by LiquidCoooled · · Score: 1

      The difference here is that in the old web and ftp server days, it took actual detective work to track the l33t crackers and distributors, most of the files were stored in chunks on innocent public ftp servers, or transfered using sneaker net.

      Nowadays, with BT especially, the user walks right into the trap and connects directly to the RIAA controlled machine to download a chunk of the latest blockbuster.

      I think I'll buy a winnebago.

      --
      liqbase :: faster than paper
  39. Econmics 101. by Anonymous Coward · · Score: 0

    Let me see, as a couple going to a movie it costs a minimum of $20 (2 tickets at $10 a piece) plus concessions for one showing...or I can own the movie on DVD for $20 , see it as many times as I want and have the consessions that I want. As a married couple the equation becomes even more lopsided. Now I have to find a babysitter and find a time that is reasonable for us to go watch the movie. All of sudden owning the Movie on DVD makes a lot more sense.

    As always, YMMV.

    1. Re:Econmics 101. by RadioD00d · · Score: 1

      Not only that, but with my cable internet connection, I get free, bundled, 8 channels of HBO. Granted, I may have to wait a few weeks/months/whatever to see the movie in the first f'in place, but the low price of digital storage (hard disks) and the ease with which I can connect my CATV tuner to a TV tuner card means that I now have a SHITLOAD of movies on the hard drive, to watch any time I damn well please. Yeah, it's not digital, and yeah, it's not 'theater quality' but I'm old enough to remember watching black & white TV with a pair of rabbit ears, so this is pretty okay with me....

    2. Re:Econmics 101. by SoTuA · · Score: 1
      Better yet, rent it for $1.5

      Most movies I don't care to own. It isn't like music that I listen to constantly, I find that the time I have to watch movies is very contrained, so why waste it on a movie that I've already seen instead of going around the corner to rent one that I haven't?

    3. Re:Econmics 101. by Anonymous Coward · · Score: 0

      Of course you didn't figure in a $1500 stereo system and a $3000 tv. Plus $5 for a whole box of microwave popcorn.

      -- gid

    4. Re:Econmics 101. by Anonymous Coward · · Score: 0

      My $30 TV is just as good. And I'll bet my $575 studio monitors are better than your $1500 stereo.

    5. Re:Econmics 101. by wk633 · · Score: 1

      "Not only that, but with my cable internet connection, I get free,"

      Well, I wouldn't say 'free', but 'bundled'.

      Where the MPAA becomes evil is when Jack Valenti tells us that it's tough shit if our kid scratches his copy of Shrek. "The consumer can buy another one".

    6. Re:Econmics 101. by Dunbal · · Score: 1

      Yeah, it's not digital, and yeah, it's not 'theater quality' but I'm old enough to remember watching black & white TV with a pair of rabbit ears, so this is pretty okay with me....

      Ahh yes, I remember those days. We always had trouble finding a sharp knife. Rabbits were never a problem though because Billy-Bob was a real good shot. Too bad about what happened to him in 'nam. Anyway I remember those nights sitting up impatiently, waiting for just the right time, for the planets to be aligned exactly right. Then we'd cut those ears off that rabbit and smear the blood all around the tv, saying that magical incantation "God dammit!", then of course there came the ritual kick. About half the time it would work and the reception would get better. The other half we'd have to eat our rabbit stew nice and quiet without the tv...

      --
      Seven puppies were harmed during the making of this post.
  40. Fight the good fight! by Anonymous Coward · · Score: 0

    LokiTorrent.com said it was prepared to fight the good fight against the studios, but the site is currently for sale, although Lowkee says, "I simply wanted to know what kind of bids this website gets (as people keep telling me it's a 'gold mine') ..."

    Yeah, and which "good fight" would that be? I see a misguided website administrator trying to say that it is okay to knowingly distribute pirated software, which is what LokiTorrent does, along with basically all of the BitTorrent websites that the MPAA is going after. I dislike the **AA groups as much as the next guy, but don't delude yourselves into thinking that your hatred for them makes it okay to steal their intellectual properties. It also doesn't make fighting back the "good fight." This is like a rapist suing the police department for arresting him because he considered it surprise sex, which he believes is okay, unlike rape.

  41. Sharers, not Downloaders by Trolling4Columbine · · Score: 1

    AFAIK, (and IANAL) to the letter of the law, it is not illegal to download copyrighted materials, but it is illegal to distribute copyrighted materials without consent from the copyright holder.

    TFA says that the RIAA doesn't make a distinction between legally and illegally downloaded files, but that point is moot. The fact that they are sharing them puts them at odds with the law.

    --
    Socialism: A feeling of discontent and resentment caused by a desire for the possessions or qualities of another.
    1. Re:Sharers, not Downloaders by PigleT · · Score: 2, Interesting

      Their major problem is a completely clueless inability to identify what's under their noses. I've been accused of "hosting illegal files" or whatever their terminology is, without evidence. If the accusation had come to me directly rather than via my ISP, I would have persued it to demand evidence. The fact that the email went to my ISP betrays how little the MPAA are actually interested in "solving the problem" of illegally-traded files, because they have deliberately ignored the alternative approach: a simple, polite, email to webmaster@whateverdomain, stating "you seem to be hosting these things, do you mind removing them, please?", which might actually get my respect.

      The spraying of litigious emails all over the 'Net does nothing for their cause and only serves to dilute the effectiveness of the legal-via-email system (such as it is). People should report these emails to the FCC and demand a full public enquiry that the MPAA are abusive spammers.

      --
      ~Tim
      --
      .|` Clouds cross the black moonlight,
      Rushing on down to the circle of the turn
  42. Ahhh, the sweet stench of corruption by Anonymous Coward · · Score: 0

    It's just so sad to watch America being sold down the river by the overly affluent. Way to go MPAA. BTW, why do Americans allow the wealthy to so corrupt the justice system?

    So much for democracy, eh!

  43. Thank God I'm Safe by wezzul · · Score: 1

    Movies have gotten so bad that I can't even bring myself to waste the bandwidth to download them. In 2004, I would say there were maybe five good movies that I watched, out of maybe 50 total viewed.

    The fact of the matter is, movies aren't worth paying $8-10 to see. In very few cases does a movie look good enough to plunk down that kind of dough to sit in a theatre full of screaming babies and popcorn-crunching patrons.

    The MPAA (and RIAA for that matter) need to realize that people are all for the simplicity of downloading movies/music/etc. Make it legal, provide the services yourselves of first run movies, and make it cheaper then going to the theatre. Instead of trying to stop file sharing, harness the power that it provides.

    1. Re:Thank God I'm Safe by Anonymous Coward · · Score: 0

      > harness

      BULLSHIT!!

  44. Re:Is this really news??? NO by Anonymous Coward · · Score: 0
    Nope, it's not news anymore, what is news is a small company going after a large one for DMCA copyright violations:

    http://www.prweb.com/releases/2004/10/prweb171878. htm

  45. Yeah, but... by bicho · · Score: 2, Funny

    [MPAA software Parent File Scan] searches for and identifies virtually any audio or video file, including popular formats like MP3, Microsoft's Windows Media, the AAC files that Apple Computer's iTunes software often uses, or MPEG video.

    Yeah, but does it support oggs?

    wooops! err... nevermind that...

    --

    errera hunamum ets
    1. Re:Yeah, but... by robyannetta · · Score: 1
      Just rename your illegal files to *.DLL

      Let the fun begin!

      --
      - Just my $0.02, take with a grain of salt, your mileage may vary.
  46. do it again by Anonymous Coward · · Score: 0

    ok folks, time to put files which you have legal rights to distribute on a public webserver with names like "/movies/g/gigli.avi" or whatnot...

    then when they claim to own your perl script that you happened to call gigli.avi, unleash the hounds.

  47. I vote you for president by Anonymous Coward · · Score: 0
    Make this amendment please:

    "The right of the people to freely distribute and obtain copyrighted works shall not be infringed."

  48. It's not theft by kuwan · · Score: 1

    At any rate, theft is not the answer, no matter what you think of the people owning the goods.

    And no matter what the RIAA/MPAA think of the people downloading their products, they are not thieves and are not stealing anything. Nothing has been stolen. People are making unauthorized copies, but that is not stealing, it is copyright infringement.

    In fact I believe a Judge chided some of the **AA's lawyers for referring to downloaders as thieves. I tried to look up the article, but I couldn't find it. Anyone else know where it is?

    Of course this doesn't excuse their behavior, but we should at least understand what it is when we talk about it.

    --
    Join the Pyramid - Free Flat Screens

    1. Re:It's not theft by jdray · · Score: 1

      People are making unauthorized copies, but that is not stealing, it is copyright infringement. You're right, my error. Still, the point stands, modified for the appropriate violation of law. Or is that violation of the appropriate law? Whatever.

      --
      The Spoon
      Updated 6/28/2011
  49. Re:Worst day of year by Anonymous Coward · · Score: 0

    I have -1 sympathy for anyone complaining of running out of marijuana losing their unemployment and/or their girlfriend.

    Get off the damn couch and go get a job.

  50. Re:Motion Picture Association of America by Anonymous Coward · · Score: 0

    Sure, if you're into tentacle rape. I mean it's not like the RIAA gives a shit about fucked-up nerd porno.

  51. Alternatives by nurb432 · · Score: 1

    But, there are other ways to enforce their copyrights with out being pricks and angering everyone.

    If they would win the support of people, instead of trying to sue them into obvilion then everyone would come out ahead.

    Myself however, they have lost a customer for life.

    --
    ---- Booth was a patriot ----
    1. Re:Alternatives by DaHat · · Score: 1

      If they would win the support of people

      How would you suggest doing that?

      Ultimately, they do not need popular support, because in large part, they are in the right. If you are in a country that recognizes their copyright, they have every right to protect their investments in said copyrights, and if they don't protect them, it's unlikely anyone else will.

    2. Re:Alternatives by nurb432 · · Score: 1

      No but if they destroy all support then they will only encourage more 'piracy', and loss of hard sales..

      Public image is really important in this day and age, even more then the truth.

      --
      ---- Booth was a patriot ----
    3. Re:Alternatives by Yartrebo · · Score: 1

      What rising sales in an age of increased file sharing shows is that copyrights are far too restrictive based on "to promote the progress of the arts and sciences". It shows that P2P increases the reach and availability of art (by cutting the cost and making available otherwise unaccesable material) while at the same time not materially effecting artist revenue.

      This means that copyright should be loosened to make P2P fully legal. The MPAA might be in the legal right (after all, they buy their laws), but they are in the moral wrong and their actions do effect the standard of living and our economy.

  52. culture of ideological/intellectual submission by Cryofan · · Score: 1

    This goes back a LONG way. It has a lot to do with America having been a nation based on exploitation of raw nature, destruction of the natives and mass enslavement of human beings. THen you add on top the mass media and educational which are basically evolved systems, evolved by forces exerted by the rich, the powerful and the corporations and govt. These mass media and educationals systems have been evolved to create a culture of intellectual/ideoliogical submission to authority. Intellectual/ideological submission to hierarchical authority, but not necessarily relating to submission of person and property. The American culture has a deeply engrained motif relating sacrosantness of personal and private private, but a submissive intellectual attitude when it comes to political and policy decisions.

    hence, we have Americans thinking "locally" when it comes to politics. Hence, the NIMBy phenomenon. But when it comes to big picture stuff, our educational and mass media systems, evolved by Power, created us to submit.

    --
    eat shiat and bark at the moon
    1. Re:culture of ideological/intellectual submission by Anonymous Coward · · Score: 0

      Only an intellectual could come up with a post that intensely stupid.

    2. Re:culture of ideological/intellectual submission by Anonymous Coward · · Score: 0

      Only a trailer park could have produced a person that is so.... like you.

  53. in my experience... by Anonymous Coward · · Score: 0

    In my experience, the people most paranoid of being ripped off are the first to do it to someone else.

  54. mod parent up by Anonymous Coward · · Score: 0

    nice to see someone taking on the RIAA and them using double standards

  55. Over-zealous by oberondarksoul · · Score: 3, Interesting

    What worries me the most about the "Parent File Scan" is that is makes no attempt to determine whether a file has been downloaded, ripped, or even included with other software. Case in point - when running the scan as a test on my machine, it picked up every sound file from Civilization III. What are non-technical users (parents in particular) going to think when they see hundreds of files picked up, with the strong implication that they are illigal?

    --
    And tomorrow the stock exchange will be the human race
    1. Re:Over-zealous by oberondarksoul · · Score: 1

      (oops - typoed illegal.)

      --
      And tomorrow the stock exchange will be the human race
    2. Re:Over-zealous by Vitriol+Angst · · Score: 1

      I think this is designed to make people "culpable" because they aren't able to say; "I didn't know".

      SOMEONE MIGHT (should) just write a lot of bogus reports that it is spyware or send out versions with trojan horses. Then everyone will be afraid to use it. Thus preserving the "I didn't know what my MINOR CHILD was doing" defense that should hold up in court. ;-)

      Totally kidding. That would be WRONG. Like using the court system to ensure a company makes a profit and sending people to jail for fair use. Hmmm...

      And really, how much are they going to get in music fees from a 10 year old?

      --
      >>"ad space available -- low rates!!!"
    3. Re:Over-zealous by Legion303 · · Score: 1

      So in other words, it's a modified version of Windows' "search" function that looks for specific extensions. I wonder how much they're charging parents for this wonderful and innovative program.

      And they call *us* the pirates.

  56. Don't matter much to me by Y0tsuya · · Score: 2, Interesting

    I very rarely download new Hollywood movies anymore, since as we all agree they're mostly crap. Bandwidth, which costs money, has been reallocated to pr0n. To me it seems to give me a better bang for the buck (pun intended). That and TV shows, old movies, and fansubs.

  57. My opinion of why by Anonymous Coward · · Score: 1, Insightful

    In my opinion based on what I've read, and infered.

    Wholesale piracy DWARFS bittorrents and the other sources of MPAA movies and RIAA music.

    However, college kids in the U.S. are easy targets. Moreover although the financial losses are small, the social implications of "free" movies is huge, so they're trying to avoid that (music, because of a lot of forces already has the image that its free, but I digress).

    Moreover, when you're talking about pirated CD's and DVD's... real ones from overseas, you're talking about guys with guns and money that will put holes in your body with lead if you interfere with them. The U.S. has no jurisdiction in those countries, and in this country, if the head of the MPAA started making too much noise, well, perhaps he might end up with "lead poisoning".

    I'm being serious here. They're going after easy targets, because the hard ones will get pissed off and cause they physical problems in the real world. Not legal problems or internet problems. Real problems.

  58. Why? by Anonymous Coward · · Score: 0

    "rip a copy and save on VCD"

    Dude, blank DVD's are like $.15 each in bulk. Just rip it to another DVD.

    Its fuzzy thinking like yours that makes "American Idol" such a success.

  59. No, its not by Anonymous Coward · · Score: 0

    "Since when has stealing EVER been allowed? Yes, it is stealing if you download a song which you have not paid for."

    So is going faster than the speed limit.

    But nobody makes a federal case out of it.

    Think about it for a moment.

  60. Can Bittorrent DL/UL's be traced? by Anonymous Coward · · Score: 0

    Can the IP addresses of Bittorrent downloads and uploads be traced? I was under the impression that they could not be traced and hence, the users couldn't be discovered and sued. Can someone verify this?

    1. Re:Can Bittorrent DL/UL's be traced? by Anonymous Coward · · Score: 0

      of course it can be traced, how do you think the trackers are seeding the torrents?

    2. Re:Can Bittorrent DL/UL's be traced? by MichaelDelving · · Score: 1
      I'd guess this was a troll, but then again it's non-offensive, so I'll bite.

      Yes, most definitely your IP address can be 'traced.' How do you suppose the other seeders and leechers know where to send the evil packets containing little pieces of copyrighted files?

      Step 1: hack up P2P client to record IPs

      Step 2: participate in a little of the P2P action

      Step 3: PROFIT???

      I think the current situation is kind of like 'safe sex.' The only way to be safe is not to trade with strangers. Or you can rely upon some sort of anonymisation service, but if you're paranoid like me, that's just a different sort of stranger.

  61. Re:Motion Picture Association of America by meringuoid · · Score: 1
    However, there have been cease-and-desist orders filed against some fansub groups. This is bloody annoying. As far as I know there still isn't a boxset of Lain, I had to order Cowboy Bebop from Denmark, and my Evangelion and Nadesico boxes are the Aussie version.

    Getting anime in the UK is a right bugger, I have to say.

    --
    Real Daleks don't climb stairs - they level the building.
  62. Uh oh....more bad news by Anonymous Coward · · Score: 0

    Don't take this the wrong way, but I just fucked your girlfriend.

    Not bad; a little cottage cheese on her ass, but she pretty much did anything I told her.

  63. In other HUGE copyright news... by EvilStein · · Score: 3, Interesting

    (I submitted this yesterday, but it was rejected and instead dupes and other schlop were posted)

    The Copyright Office is inviting comments on the current situation with copyrights and "orphaned works" (ie, abandonware, etc) - they have realized that copyrights are holding back innovation, especially when the copyright holders cannot be located.

    I think that this is a really major thing. The article is mirrored in its entirety here

    1. Re:In other HUGE copyright news... by lew3004 · · Score: 1

      Thanks for the link but that was the ugliest piece of information I've viewed in a LONG time...

      --
      I still can't get the screen shots of Castle Wolfenstein for the Apple IIe out of my head.
  64. Wrong "mouthpiece" by Anonymous Coward · · Score: 0

    "Because they watch you get each one, and have evidence of that."

    Except that they don't watch you "get" each one, they watch you "give" each one.

    Oh, they can monitor what I "get", but the crime of copying a work is much different and much less than the crime of what "give".

    So if I downloaded 10 movies, they can claim about $200 in damages.

    So they don't!

    Please mr. "lawyer", stop pretending to know what the hell you're talking about.

    1. Re:Wrong "mouthpiece" by cpt+kangarooski · · Score: 1

      "Because they watch you get each one, and have evidence of that."

      Except that they don't watch you "get" each one, they watch you "give" each one.


      Depends on the nature of the P2P app, really. But fair enough.

      Oh, they can monitor what I "get", but the crime of copying a work is much different and much less than the crime of what "give".

      They are exactly equal.

      So if I downloaded 10 movies, they can claim about $200 in damages.

      No, if you download ten movies, and each movie is a single copyrighted work, they can claim $1.5 million of damages easily.

      Please mr. "lawyer", stop pretending to know what the hell you're talking about.

      First, there is no need for the quotes. I really am a lawyer, licensed to practice in Massachusetts. Second, I like to think that I know what I'm talking about, since I specialize in copyright law, have been reading it (often for pleasure) for years, and am currently well on my way to getting an LL.M. in IP at a law school well respected for IP studies, and I've been acing pretty much everything.

      I tell you what. Come back with some citations to the relevant statutes and cases. If I'm wrong -- which I'm not -- I'll admit it and be better off for finding that out.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Wrong "mouthpiece" by Dunbal · · Score: 1

      I specialize in copyright law, have been reading it (often for pleasure)

      Pervert!!! Lol. No, whatever tickles your fancy, I mean, why not...

      This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.

      Which just goes to show what is fundamentally wrong with society when something like THAT has to be spelled out ;-)

      -- I am not an ourangoutan. We are not related. Eating your monitor may be hazardous to your health. I am not a lawyer. I am a doctor. I am not your doctor. The above must not be taken as medical advice.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Wrong "mouthpiece" by cpt+kangarooski · · Score: 1

      Which just goes to show what is fundamentally wrong with society when something like THAT has to be spelled out ;-)

      What, the part about the public domain, or the part about my being a lawyer?

      If the latter, it's not really anything wrong with society. It's that attorney-client relationships are very easy to have arise. When one does, it can be dangerous to the lawyer, not the client. The lawyer is bound by fiduciary duties, the duty of confidentiality, etc. This can happen even as to potential clients that don't end up becoming actual clients, since there has to be an intake interview to determine what the case is and whether the lawyer will take it; this involves confidential information and should remain so. So the disclaimer is to avoid this happening to me merely on the basis of a /. post.

      Similarly, lawyers can practice only in jurisdictions where they're licensed to practice. I can only practice in MA. Some states may take a dim view of legal advice being dispensed on the Internet. I don't want to be in trouble for that either, though it seems quite remote, so the .sig hopefully shields me a bit there too.

      It's really only something I do to protect myself, and to protect others so that they're not misled with regards to my posts, etc. You probably don't need to worry about it much. I don't see how it evidences a problem with society.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  65. You're boring by Anonymous Coward · · Score: 0

    Some people (not me of course, I think its wrong), have been downloading for years, have high quality music of what they want (not me. I deny I have ever done anything illegal).

    And they don't give a shit about Brittney being "ripped off". We don't care if the "key grip" loses his job. I do care, and that's why i condemn this practice.

    On the other hand, I find you highly amusing coming into a public forum to "take a stand". It just proves that most people on the internet are basically pathetic.

    BTW, would it bother you if I told you that I f'ed your mother?

  66. Re:Motion Picture Association of America by Anonymous Coward · · Score: 0

    Even if they are not a MPAA member, the answer is still no. Even though the stuff is produced in Japan, the Japanese publishers copy rights are still protected.

    They along with their US/etc distributors have the right to stop you from sharing and downloading their stuff.

    So, no, the MPAA wont sue you for downloading anime from companies that are not MPAA members, but those companies and those who represent these companies can.

  67. You have personal issues by Anonymous Coward · · Score: 0

    "This is like a rapist suing the police department for arresting him because he considered it surprise sex, which he believes is okay, unlike rape"

    So...you see somebody downloading a movie as the equivalent of a man beating a woman senseless, throwing her to the ground, forcing himself on her, exposing her to deadly diseases, and unwanted pregnancy, and potentially killing her, and scaring her emotionally forever?

    I personally think you have issues with women for even bringing that up.

    I think what you meant to say is "Copyrights exist for the common good, and I don't see them as a tool that corporations use to maximize profits regardless of the social costs or implications. Rather, every time you buy a movie, you're keeping some stunt actor or cameraman employed. Every time you illegally copy a movie, its just another proof that communism is not dead".

    Is that closer?

    In any event, I think most caring sensitive people would consider you an asshole, which explains why your wife got the divorce and your 14 year old daughter never listens to you. Seriously, how can you blame them?

    1. Re:You have personal issues by Anonymous Coward · · Score: 0

      So...you see somebody downloading a movie as the equivalent of a man beating a woman senseless, throwing her to the ground, forcing himself on her, exposing her to deadly diseases, and unwanted pregnancy, and potentially killing her, and scaring her emotionally forever?

      Well you just proved your stupidity, maybe you should actually learn how to read before you decide to reply to a post on a message board. There was no equating copyright infringement with rape, if you actually understood the English language then you would see that. The analogy was based around the rapist suing because he thought what he did was okay since be considered it something different than what the law considers it to be. The same thing is going on with Loki, he's fighting back because he believes that he has the right to provide links in an effort to distribute 'warez.'

  68. its like the plague by cheekyboy · · Score: 1

    For every 2000 people busted, and 50 lawyers getting richer (prix) there are another 20000 who just learn of P2p via news articles and go "screw it, ill try it, my credit card bills are maxed I cant afford to pay $8+parking+popcorn+drinks, so download it away"

    --
    Liberty freedom are no1, not dicks in suits.
  69. What is the rare resource? by MushMouth · · Score: 2, Insightful

    I would think that if you worked for a company for two weeks and then they chose not to pay you, most people on this forum would consider that a type of theft.

    1. Re:What is the rare resource? by SilverspurG · · Score: 1

      if you worked for a company for two weeks and then they chose not to pay you, most people on this forum would consider that a type of theft

      Sure, but unless you can afford an attorney to serve the subpoena for the company employment record (before they shred your file), you're screwed anyways.

      --
      fast as fast can be. you'll never catch me.
    2. Re:What is the rare resource? by ichimunki · · Score: 1

      Not me, I would consider that a violation of contract. Stop trying to turn everything into some sort of pretend property rights (especially when things like "intellectual property rights" are in direct contradiction of real property rights). What you are doing is intellectual fraud. We already have specific, accurate, useful terms for these things so stop trying to confuse the issue with bad analogies and twisted language.

      --
      I do not have a signature
    3. Re:What is the rare resource? by MushMouth · · Score: 1

      The law defines this as "Theft of Services". The economic value is the same if take a car or if you take someone right to distribute their own creative work. They have less assets to do things like put shoes on their feet or food on their table. Yet you have what you want. Define it as whatever you want, but the law looks at it all the same.

    4. Re:What is the rare resource? by SilverspurG · · Score: 1

      if you take someone right to distribute their own creative work

      Except that the *AA haven't actually created anything. They're hired thugs, nothing more. They shouldn't even be involved in this.

      --
      fast as fast can be. you'll never catch me.
    5. Re:What is the rare resource? by ichimunki · · Score: 1

      Uh, yes, thanks for the clarification. Of course if there's a law about it, there's no use discussing it because laws are never wrong, vague, incorrectly, or just plain immoral.

      --
      I do not have a signature
  70. What everyone fails to accept by Zip+In+The+Wire · · Score: 3, Insightful

    Is that copyrights are finished.

    This is not something I'm promoting, or something I desire. It just is.

    How can you expect to control a world, to enforce the "right to copy" when anyone can make 100 copies a second of virtually any data only work?

    In India, before Ghandi G. came along, it was illegal to make salt. People near the ocean were surrounded by billions of tons of salt but weren't allowed to extract it from the ocean. The british mandated this by law to protect their salt industry.

    This is the exact same scenario that is happening with copyright. Some laws were passed 200 years or so ago to make it a civil wrong to do something that is very easy to do nowdays. These laws are unenforceable unless you want to assign the death penalty for possession of a xerox machine, a printing press, a tape recorder, a CD burner or especially a computer.

    It's over people.

    The current think going around is "how can we make these expensive movies if we can't profit from the copyrights?". My answer is, lower your expenses. The first thing you can do is dump expensive actors whose cost is sometimes 70% of a film.

    My response to bad media, movies and music is not to participate. To not contribute to it. I don't think it is a moral justification to infringe copyright to claim that the material sucks anyway. That's really degenerate thinking. Tell it to the judge and see how far you get with that.

    I'm not trying to justify my vision. It's just a fact that copyrights are finished. I'm offerring solutions. While the facts may offend some people, all their ranting, lawsuits and legal maneuvers won't change those facts.

    The facts are technological. The march of progress is currently consuming another hapless victim. I would suggest not getting in the way of the thrashing beast in its death throes. Wounded animals are the most dangerous of all.

    1. Re:What everyone fails to accept by Dunbal · · Score: 2, Insightful

      "The current think going around is "how can we make these expensive movies if we can't profit from the copyrights?". My answer is, lower your expenses. The first thing you can do is dump expensive actors whose cost is sometimes 70% of a film."

      It's not even that. The copyright holders are arguing that copyright violation is eating into their potential profit. Movies still make money. Rock stars are still multimillionaires. Publishers are still filthy rich. Oh oh oh sales went down a few percent - hmm would a recession have anything to do with this? In other countries, music sales even showed record profits last year. Yet they want MORE. Their ideal is if you had to pay every time you listen to a song, or watch a movie...

      When I like something, I buy it. If I rent a DVD I end up ripping it to my HD in case I want to watch it again after I return it. I usually end up deleting it after 30 days or so (there is only so much space on a HD). This action in the US makes me a "criminal" (thank God I don't live there), even though I really am not affecting the copyright holders' bottom line. They "lost" potential profit... The amazing thing is how you can "lose" something that you never had to begin with...heh, accountants...

      --
      Seven puppies were harmed during the making of this post.
    2. Re:What everyone fails to accept by Anonymous Coward · · Score: 1, Insightful

      You have it exactly backwards.

      The same technology that is used to make flawless copies can also be coded to make no copies at all. Copyright is going to get stronger, not weaker.

      How hard is it to make an iPod that won't play non-RIAA music? Hard now, easier later. If Apple won't comply, then they can have the right to play most artists taken away. No law needed, just business contracts. No one wants to buy an MP3 player that can't play their favorite artist. Most people like major label artists. How hard is it for Microsoft to just buy RIAA member companies so they can control the content? Not that hard.

      You wrote: "These laws are unenforceable unless you want to assign the death penalty for possession of a xerox machine, a printing press, a tape recorder, a CD burner or especially a computer."

      No need. The printing press will just refuse to print what you tell it to without the proper clearances. Forging the clearances will be a crime with substantial jail time and financial penalties. Oh, and unless you are a very clever person with the skills to circumvent it (most people are not), the machine will also record all attempts to hack it and won't work at all without a valid server connection. Hack that? Sure, but it'll be a felony. But it'll be real hard to even commit the crime in the first place.

      The radio just won't play any non-RIAA music. Oh wait, that already happened.

      Digital TV won't show you anything Hollywood doesn't want to show you. Nothing will be in the public domain anymore. With cafeteria-plan systems, you may be charged for each individual program. Want to watch American Idol? $5, please. Your cable box will track everything you watch and report back so you can be charged more for what you like. Oh wait, TIVO already does that.

      Want to watch your own DVD that you made? You'll probably need a special player or software upgrade. All for a fee, of course. Can't have it work on a regular player- too many pirates.

      Computers are already refusing to run software without keys. 20 years down the road, your Xerox machine may refuse to print copyrighted material. The Xerox-AI will be able to read them and match them against a prohibited content checklist. Are YOU the author? Great, just pay your copyright registration fee (5% to the RIAA/MPAA for 'copyright defense') and in 6-8 weeks you can copy your material all you want.

      As an independent content creator, you will need to pay licensing fees to use all these great new technologies. That is, pay your competitors large fees for the right to compete with them. You could always use old technology, but how many people will still be able to play VHS tapes in 15 years? Very few. Want Super-DVD so you can sell to 99% of consumers? Pay Sony. Want to make photocopies? Good luck with that 40 year old machine with no replacement parts. You'll have to use Xerox-AI with InfoDefense (tm) if you want something functional.

    3. Re:What everyone fails to accept by Anonymous Coward · · Score: 0

      How hard is it to make an iPod that won't play non-RIAA music? Hard now, easier later.

      It's possible and easy right now. Any music player that only plays proprietary formats. It's also just as easy to make one that does support it. Customers want it.

      If Apple won't comply, then they can have the right to play most artists taken away. No law needed, just business contracts. No one wants to buy an MP3 player that can't play their favorite artist. Most people like major label artists. How hard is it for Microsoft to just buy RIAA member companies so they can control the content? Not that hard.


      Apple makes money on iPods, not music. They would lose more sales by dropping mp3 support than by dropping iTunes. If it has mp3 support it will play anything you tell it to.


      No need. The printing press will just refuse to print what you tell it to without the proper clearances. Forging the clearances will be a crime with substantial jail time and financial penalties. Oh, and unless you are a very clever person with the skills to circumvent it (most people are not), the machine will also record all attempts to hack it and won't work at all without a valid server connection. Hack that? Sure, but it'll be a felony. But it'll be real hard to even commit the crime in the first place.

      This is kinda getting at the real threat: legislation. If encryption is outlawed then you can stamp out piracy, but you stamp out freedom with it. Same with tattle-tale printer/copiers. Nobody wants it, it will only exist through legislation. The existing restrictions in copying money are only tolerated because very few people would admit to wanting that feature.


      The radio just won't play any non-RIAA music. Oh wait, that already happened.


      Yep, so you listen to your mp3 player.


      Digital TV won't show you anything Hollywood doesn't want to show you.


      As it is now.


      Nothing will be in the public domain anymore.

      Nothing goes into the public domain anymore anyway unless the rights holder wants it so.

      In a sense though, EVERYTHING will go into the public domain if just one person strips the DRM and posts it on a large network.


      With cafeteria-plan systems, you may be charged for each individual program. Want to watch American Idol? $5, please. Your cable box will track everything you watch and report back so you can be charged more for what you like. Oh wait, TIVO already does that.

      Yeah if you're happy with that. It's not like broadcast TV is the only source of video content. You could just get movies from your friend via email in a terabyte-size tarball using your future 1Gb/s broadband.


      Want to watch your own DVD that you made? You'll probably need a special player or software upgrade. All for a fee, of course. Can't have it work on a regular player- too many pirates.

      You're not limited to the DVD format. You could connect a laptop to a digital tv today. In the future it will be way easier. To prevent this you'd have to ban non-drmed displays. Nobody wants this.


      Computers are already refusing to run software without keys. 20 years down the road, your Xerox machine may refuse to print copyrighted material. The Xerox-AI will be able to read them and match them against a prohibited content checklist. Are YOU the author? Great, just pay your copyright registration fee (5% to the RIAA/MPAA for 'copyright defense') and in 6-8 weeks you can copy your material all you want.

      RIAA/MPAA would have to pay Xerox a ton of money to convince them to do this. Assuming they could afford it, you could start your own copier company that makes free copies. If RIAA/MPAA buys YOU out another guy sees this is a cash cow and starts a copier company.


      As an independent content creator, you will need to pay licensing fees to use all these great new technologies. That is, pay your competitors la

    4. Re:What everyone fails to accept by Zip+In+The+Wire · · Score: 1

      I don't think so. The sound has to go from speakers to your ears. The movie has to go from the screen to your eyes. Unless they put DRM on your body parts, the signal can be intercepted there and recorded. Or better yet, intercepted in analog form on the speaker or video wires. Most people couldn't tell the difference between a damn good analog recording turned into digital and a digital original anyway.

      I heard that new televisions will be made without audio/video out so you cannot record from them. So what? All it takes is one electronics jock to wire up to allow this, release the "patch" and everyone can do it. All it takes is A SINGLE COPY of any work to hit the net and it is propogated as fast as popularity pulls it into circulation.

      I actually do NOT disapprove of DRM. I think its the right of every creator to create what he wants. If his creation has DRM integral, well so be it.

      If you don't like a DRM product, don't use it. No one is holding a gun to your head to watch the latest Shakira video.

  71. so does the mafia/triads by cheekyboy · · Score: 1

    The mafia and triads put money first too, it doesnt make them any more legit or moral or nice as the big corporates that are on the stock markets.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:so does the mafia/triads by Holi · · Score: 1

      Silly analogy as the mafia and triads tend to use illegal business practices (such as extortion, assault, of yeah and murder) and tend to conduct black market business (drug sale and distribution, money laundering, prostitution, and various other unsavory acts). I would say that Corporate entities are far more legit, infact they are legitimized under the law which is why they exist the way they do, and as far as morals go, individuals have morals corporations by definition of being a fictictious entity do not.

      People make choices, corporation's make money.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  72. Legal files are more than that by Kethinov · · Score: 2, Insightful

    What about the whole realm of fair use?

    I am a big bit torrent user myself. I like to download Star Trek. But nothing I'm downloading isn't being broadcasted on the cable TV I pay for. Is it still illegal?

    It's not illegal if I record it with a TiVo... same quality (and in many cases better), only the source has changed.

    The way I see it, I've paid my dues. I'm legally paying for this content. The **AA shouldn't have a right to tell me exactly how I consume the said content. They're getting paid either way, so they can STFU.

    As long as I pay for cable TV, I should have the right to download any TV show or movie that's been broadcasted on any channel on my service.

    If I can legally record shows with a TiVo, I should be able to legally download those same shows.

    --
    You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    1. Re:Legal files are more than that by Holi · · Score: 1

      While you are in a legally grey area with respect to downloading broadcast materials, the person who is distributing the file is not, He has no right to distribute the file. SO while downloading may or may not (Ok realistically it is infringement) be illegal, if someone wasn't breaking the law you couldn't do it,

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    2. Re:Legal files are more than that by Kethinov · · Score: 1

      I am not questioning the fact that my sources are illegal. I am questioning what moral grounds anyone has to sue me for consuming content I've already paid for.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    3. Re:Legal files are more than that by Anonymous Coward · · Score: 0

      " I am questioning what moral grounds anyone has to sue me..."

      Whoaa there...who said anything about morality? We're talking about legality here. And morality is required to stay at least 100 yards from the law at all times. This precedent was clearly established in the case of Layers vs. Justice. Oh that was a great day for us lawyers....

    4. Re:Legal files are more than that by Kethinov · · Score: 2, Insightful

      Not true. Laws are shaped to reflect the moral code of society. Because I've already paid for the content I am viewing, morality tells us that they should not have any legal grounds on which to sue me. But the lawmakers are corrupt, and morals are often thrown out the window to satisfy greed.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    5. Re:Legal files are more than that by Anonymous Coward · · Score: 0

      Advertisements are paying for most of that TV, einstein.

  73. Significant differences by Nom+du+Keyboard · · Score: 1
    One significant difference between the RIAA and the MPAA that should be scaring the RIAA is that today, anyone with a garage, instruments, microphones, a mixer, and a couple thousand dollars of computer equipment and software can record and burn their own albums. Add broadband, and they can sell songs across the Internet to the entire world. The MPAA doesn't quite face that type of competition yet (although with digital rendering software getting cheaper as computers get more powerful, maybe someone will be making Toy Story 3 at home soon).

    Another significant difference is that you can now sometimes buy the MPAA movie soundtrack on DVD -- and get the whole d@mn movie to go with it -- for less than buying the RIAA CD audio movie soundtrack alone. And when it's more, it's seldom more than a couple dollars more. Talk about someone needing to re-evaluate their business model. And the audio people are getting the soundtrack source for essentially free, since all the studio time and such has already been paid for by the movie company.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Significant differences by slavemowgli · · Score: 1

      It's not Toy Story 3, but there *is* Kaze, Ghost Warrior, which was produced in six months by one man (Timothy Albee) on 2 PCs in his spare time... ... and, one might, add, which seriously ROCKS. It's only 23 minutes, but quality-wise, it's just as good as anything Pixar could come up with.

      Buy the DVD some time, you're not gonna regret it. :)

      --
      quidquid latine dictum sit altum videtur.
  74. Link to download by FirstTimeCaller · · Score: 1

    Just in case reading the article is too much of a burden... here's a direct link to the Parent File Scan program.

    It appears to be developed by a company called "DtecNet Software ApS".

    --
    Wanted: witty unique signature. Must be willing to relocate.
  75. How about lowering prices by bloodomen13 · · Score: 3, Insightful

    **I do not download music or movies... but this whole thing frustrates me to no end** The **AA goes after all these college students and kids... what's something they usually have in common? A lack of funds. How about if the going rate for a movie ticket wasn't $8.00 (in my area). I remember when you could see an evening movie for $3.00 and that wasn't too terribly long ago. You could take a freaking date to the movies and get a soda for $8.00 Now, it's $20.00 Lower prices to a reasonable level and maybe people won't resort to downloading to see that movie they've been waiting for. There is absolutely no reason for consumers to have to endure such prices. The theatre that I frequent raised their prices to $8.00 last year from $7.50. Why? There was no noticable change to the theatre or the films in general to justify the price increase. Now they're talking of raising them yet again to $8.50. Oh, wait... forgot that we have to pay those "modest" $20 million dollar salaries to every actor in Hollywood. Not to mention the millions to the producers and directors and everyone else who's name appears in the credits that isn't hurriedly rushed by in a scroll. The same goes for CDs. Lower the prices and put out better MUSIC, not manufactured Barbie and Ken Dolls. Hollywood had a record breaking year in 2004. So, piracy is leading to the demise of Hollywood? Sorry, but you'll get no sympathy from me when you're still making BILLIONS of dollars while some kid in a dorm room makes $5/hr if he even has a job and would just like some entertainment from time to time.

  76. Re:YOU SO FUCKING FAIL IT FUCKTARD! by Anonymous Coward · · Score: 0

    Wow, this "Anonymous Coward" user is both amazingly prolific, and unbelievably stupid. Magic, is that you?

  77. Re:hammer revolution --; by Anonymous Coward · · Score: 0

    Not to confuse with 8=====D~~(_o_)

    Cock?
    Willie?
    Wang?
    Woody?
    Wood?
    Pecker?
    B lue-veined custard chucker?
    One-eyed wiggling Welshman?

    Pink-helmeted milk-shooting man-banana plunging into the hole of an ass!

  78. Re:Motion Picture Association of America by Anonymous Coward · · Score: 0

    Does this mean downloading Japanese Anime is OK?

    Last time I checked it was OK to download "The Seven Samari".

  79. biggest quote (fixed) by me+at+werk · · Score: 1
    If the media industries only took the time in the late 90's to understand and serve this group - I believe they call it marketing - rather than fight against them their revenues would be significantly more. Of all industries that should know this it should be the movie industry.

    Today, the film industry generates more income from video/DVD sales and rentals than from theater runs. Had they won their case 20 years ago against Sony and the Supreme Court ruled VCR's were illegal (it was a close 5 to 4 decision) the film industry would have less than HALF the revenues it does today.


    I hardly see movies in theaters anymore anyway. I don't really enjoy them as much, probably since a lot of movies anymore are crap put out for the sole purpose of making money. (which all movies are to an extent)

    I save the money for video rentals, I get about 4 movies for the same price for my wife and I. We can then watch them whenever, and not pay $3 for a popcorn and $4 for a soda.

    Much more enjoyable, and no kids around to bother me while I watch.
    --
    Who needs a big mac?Get a Free Mini Mac!
    --
    For context, click Parent.
  80. as likely to happen as frogs falling from the sky by Anonymous Coward · · Score: 0
  81. The Age of Enlightenment by RealBorg · · Score: 2, Interesting

    Intellectual property is only some kind of knowledge and can therefore never be stolen but only be propagated.

    Church tried to stand in the way of knowledge a long time ago, when they held all of the legislative, executive and judicial powers. They still failed when there came the age of enlightenment

    Even if the MAFIA paid the lawmakers to make BLACKMAILING legal, it is still IMMORAL. The same remains true in the other direction regarding copyright legislation.

  82. The question is by Orion+Blastar · · Score: 1

    can the ISP your IP is from, give the MPAA your personal information without a major lawsuit to do so?

    Some ISPs pride themselves in keeping your personal information private, others just sell you out as soon as a subpeona is issued.

    See, computers have a thing called a log file that keeps track of each IP it connects to. BT trackers keep track of the IP addresses that access them, BT web sites keep track of user registrations and IP addresses.

    Usually they go after the big-time offenders, those sharing 10 to 15 movie files at once. The small-time offenders aren't worth bringing to court with who only share a few files at a time.

    Besides, I heard a story about the RIAA accusing someone's grandmother using a Mac of being on the Kazaa network and sharing a ton of songs. The Mac cannot run Kazaa, and they obviously traced the wrong IP, or the right IP at the wrong time? Either that or she deleted her Virtual PC session that ran Kazaa and used the "Macintosh Defense" to get out of being sued. ;)

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:The question is by Anonymous Coward · · Score: 0

      if your on OSX get Poisoned, it uses the giFT daemon , which has plugins for fasttrack. So the Mac defense doesn't work anymore ;-P

  83. Check it? by phorm · · Score: 1

    So run the program, pull your network plug, and check "netstat" to see if any unusual activity ocurrs. It would also be interesting to see if it detected non-illegal files.

    As for the tracking software, remember - if DVD's auto-install software on your computer, the DivX rips from the 'net won't ;-)

    1. Re:Check it? by AviLazar · · Score: 1

      I like programs like zone alarm which tell you about every single piece of software that tries to access the net :)

      I don't like how windows firewall lets certain programs access the net, but others it will ask for permission. For example - it lets iTunes auto-access to the net.

      --

      I mod down so you can mod up. Your welcome.
  84. The David LaMacchia Case by Holi · · Score: 1

    Have you read it???
    Because it says no such thing. It does NOT state that "it was COMPLETELY LEGAL to download and make available for download, a song, or a movie, or software for which you have not paid for", not even close. All the ruling states in that case was that copyright infringement can not be prosecuted under the wire fraud statute.

    Read more.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    1. Re:The David LaMacchia Case by Jah-Wren+Ryel · · Score: 1

      The wire fraud statute was the Fed's best case against LaMacchia and after losing on it, they did not persue him under any other charges. So, literally, the LaMacchia ruling did not say it is completely legal to share, but IN EFFECT the case and the circumstances around it made that very clear.

      If it were not so, there would have been no reason to pass the NET Theft Act which was widely referred to as the "LaMacchia Bill."

      --
      When information is power, privacy is freedom.
  85. Question for lawyers by phorm · · Score: 1

    Is there a law against misreprentation what is or isn't lawful? Can the MPAA be sued on this (wouldn't that be wonderful)

  86. What they want is not self-consistent by rbird76 · · Score: 1

    They want the ease and economy of digital distribution channels without lowering the costs of their product to consumers. Of course, since there's a little problem called the analog hole, they're sort of stuck. If it can be seen, it can be copied, and the same digital distribution channels they want to use to ship their product cheaply can be use to dispense copies of their content all over the place. To prevent this, they have to buy into Trusted Computing in all its glory, which will probably destroy the internet (it's not like I don't have enough places to buy stuff already).

    Downloaders persist because content providers keep hosing their customers. A content protection system sufficient to prevent your customers from getting together to screw you is unlikely to be used by your customers. The **AAs want cheap distribution and high profits, while preventing their customers from aggregating to get what they want. The distribution system they want to use also allows (non)customers to distribute your product. Means to prevent that distribution destroy the users' incentive to use the internet, and thus to make your product cheaper for you.

    The **AAs want to screw their customers while denying them alternatives and while using distribution channels which derive their use and benefit by their lack of restriction. You can't crap on your customers if they can go elsewhere. It would be better for them to use the distribution system to lower costs and convince their customers not to go elsewhere. Instead, they would prefer to continue to gouge their customers and intimidate them into not going elsewhere, in the process providing massive incentive for their customers to do precisely that. As long as their customers are free, they can't ensure their profits by these means.

  87. This is bull by Anonymous Coward · · Score: 0

    how can u accuse us of being immoral, when their only goal is to make money off of us? I'm 15, and i'll gladly admit that i download anything i want. Frankly, i have better things to spend my money on that a DVD or CD that i'll (insert activity) no more than twice... and that's if it's a good thing... Lower prices = more people buying = just as much money for you AND less pirating... i would buy a lot more CD's and DVD's if their prices were... say... cut in half after 6 months or a year.

    1. Re:This is bull by Anonymous Coward · · Score: 0

      Then you are a thief and should be in prison. Shame on you.

  88. Every bit helps. by Corellon+Larethian · · Score: 2, Interesting

    Bush talks about freedom, and all the university kids in Iran start learning how to use encrypted P2P to organize protests and idealogy with Berkeley.

    The Iranian Government has threated to fucking shoot any son of a dog that downloads movies of the United States President's "State of the Union" address. The Moral Police have been tasked with distributing corrupt Torrent chunks, and tracking IP's of offenders.

    Also, the RIAA is, like, totally starving. Executives have been asked to report to work in bum clothing, carrying cardboard signs that say "Homeless Army Veteran. Every bit helps." Workers have been outfitted with GPS units to ensure even distribution and active soliciting of rush-hour traffic.

  89. lol, why are they so smart...? by Anonymous Coward · · Score: 1, Insightful
    "The MPAA's new software, "Parent File Scan," is aimed at identifying file-swapping software applications and multimedia files on a computer, so that--in theory--parents can evaluate whether the files on their computer have been legally acquired and talk with children about the legalities of peer-to-peer activity. Unlike the network-monitoring software often installed in businesses or corporate networks, the MPAA-backed software does not monitor or block downloads."

    I'm pretty sure even 10 year olds these days can hit uninstall...

    "In practice, the software, developed by the DtecNet Software company in Denmark, casts an extremely wide net."

    Something tells me we'll be seeing anti-MPAA software soon. And oh yea, im betting $5.00 that DtecNet Software will get defaced :)

    But it gets even worse...

    "Parent File Scan also uses a very liberal definition of file-swapping software. In a test on a CNET News.com computer, the software identified Mirc--a client for the Internet Relay Chat network, where files can be swapped,"

    mIRC?!?! I never knew!!!

  90. That's wrong by Anonymous Coward · · Score: 0

    "I tell you what. Come back with some citations to the relevant statutes and cases. If I'm wrong -- which I'm not -- I'll admit it and be better off for finding that out."

    I'm not a lawyer, but its pretty clear that if I copy a disk from a someone at work, and keep it and watch it, I am not liable for $1.5M of damages.

    If I download a movie from the internet, keep it, and watch it, I am not liable for $1.5M of damages, hence, the original poster is, I believe correct.

    Now, he/she may have been rude, and its no use arguing with a lawyer. But you can hardly blame him for mocking lawyers. If you didn't want to be reviled and called names, then you shouldn't have become a lawyer. Its like being a circus clown. People will point and laugh. If you're a lawyer, people will revile you and call you names. Get over it. Pretend you're being noble or something.

    1. Re:That's wrong by cpt+kangarooski · · Score: 1

      I'm not a lawyer, but its pretty clear that if I copy a disk from a someone at work, and keep it and watch it, I am not liable for $1.5M of damages.

      If I download a movie from the internet, keep it, and watch it, I am not liable for $1.5M of damages


      I agree. But only due to math.

      17 USC 106: The copyright holder has an exclusive right to reproduce the work. Whether you reproduce the work in a new copy by means of duplicating a DVD or by means of downloading it, it's reproduction.

      17 USC 501: Anyone who violates any of the exclusive rights of the copyright holder is an infringer.

      17 USC 504: A copyright holder may sue an infringer for statutory damages. Statutory damages are awarded in an amount of the court's discretion between the amount of $700 - $30,000 per work infringed. If the copyright holder successfully proves that the infringement was willful, the court may award statutory damages in an amount of its discretion between $700 and $150,000.

      Hence the math thing. Your example involves a likely liability of $150,000. The earlier poster talked about ten movies, so 10 x $150,000 = $1.5 million.

      If you find the $150,000 figure doubtful, I encourage you to look at the actual law. I've provided cites to it. You could google for it in mere seconds. I hope that you will, if you have an open mind.

      But you can hardly blame him for mocking lawyers.

      Oh, I don't. I like a good lawyer joke as much as the next guy. Only he didn't tell one. He didn't mock lawyers. He basically claimed that I wasn't a lawyer, which is incorrect, and that I didn't know what I was talking about, which I think I've refuted in a fairly calm and 'noble' manner. It's not like I attacked him. I mentioned my qualifications, and I stated the law.

      I don't mind being called names either. But if he's going to insult me, don't you think that he could have done it better by agreeing that I was a lawyer instead of saying that I'm not? E.g. wishing I was at the bottom of the sea or whatever?

      I guess I just like a good, witty, quality insult. You ever see that movie "Roxanne," with Steve Martin?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:That's wrong by SilverspurG · · Score: 1

      17 USC 106: The copyright holder

      Unconstitutional. The Constitution says nothing of "copyright holder", only authors and inventors.

      17 USC 501: Anyone who violates any of the exclusive rights of the copyright holder

      Similarly unconstitutional.

      17 USC 504: A copyright holder

      ad nauseum.

      --
      fast as fast can be. you'll never catch me.
    3. Re:That's wrong by cpt+kangarooski · · Score: 1

      That's a novel argument, but I'm prepared to bet cash money that it would lose.

      There has long been a distinction made between authors, who are the persons in which a copyright initially vests, and copyright holders (also known as proprietors) to whom the copyright later passes by assignment or operation of law.

      The acts of the First Congress are often afforded special treatment because it is felt that, by virtue of being closer to the framing of the Constitution, its members had a noteworthy understanding and interpretation of it. They passed the Copyright Act of 1790, and it provides for assignment of copyright. Every copyright act since has as well. So it is highly likely that assignment is constitutional since we have always had it under the federal copyright power, from year one.

      Furthermore, the Statute of Anne -- the first copyright law -- provides for assignment. The Continental Congress recognized assignment. And every single state that enacted a copyright law prior to the Constitution becoming effective provided for assignment.

      So it's nice of you to weigh in, but to date no law in the American legal tradition dating all the way back to 1710 ever gives you even one iota of support for your premise that copyrights can only possibly be held by authors, and that non-authors (e.g. authors' heirs) can never hold them.

      Furthermore, in light of Eldred, it's difficult to see that your argument would have any chance in hell of succeeding anytime soon. The courts, for some reason, are prepared to greatly defer to Congress regarding copyright matters. And since Congress likes letting non authors get copyrights, the courts will uniformly uphold the legislation enabling that as constitutional. And it's their interpretation of the constitution that matters in the end.

      Want to try a better argument? One with a leg to stand on? I'm all ears.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:That's wrong by SilverspurG · · Score: 1

      There has long been a distinction made between authors, who are the persons in which a copyright initially vests, and copyright holders (also known as proprietors) to whom the copyright later passes by assignment or operation of law.

      Spin it however you like. That "operation of law" is unconstitutional. It's outside the jurisdiction of the federal gov't as defined by the 9th and 10th Amendments.

      The acts of the First Congress are often afforded special treatment

      Unconstitutional. Not my fault.

      the Statute of Anne -- the first copyright law -- provides for assignment

      Unconstitutional. Not my fault.

      So it's nice of you to weigh in

      In a court you'll win because you have the money interests on your side. However, according to the letter of the Constitution, you're still wrong.

      in light of Eldred

      That's Elrond. And you're still unconstitutional.

      Want to try a better argument?

      Sure. How about the one that asks you to read and adhere to the 9th and 10th Amendments?

      --
      fast as fast can be. you'll never catch me.
    5. Re:That's wrong by cpt+kangarooski · · Score: 1

      That "operation of law" is unconstitutional.

      I'm sorry, you're saying that foreclosures, for example, are unconstitutional? Exactly how far in left field are you, man?

      It's outside the jurisdiction of the federal gov't as defined by the 9th and 10th Amendments.

      Hm, and did you remember to take the necessary and proper clause into account?

      However, according to the letter of the Constitution, you're still wrong.

      Ah! There's the problem. You're being unreasonably literal. You're concerned with what the language literally is instead of what it actually means or even the purposes and ideals behind it.

      We can have some fun with this. For example, an author is a person who writes text, and writings are textual in nature. Since the Constitution only refers to the writings of authors, would you claim that it does not permit for federal copyrights as to paintings of artists, or music of composers?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:That's wrong by SilverspurG · · Score: 1

      I'm sorry, you're saying that foreclosures, for example, are unconstitutional? Exactly how far in left field are you, man?

      States and localities, as per the 9th and 10th, are free to legislate on foreclosures. That's not under federal jurisdiction. This isn't about "the left". It's about "the right".

      You're concerned with what the language literally is instead of what it actually means or even the purposes and ideals behind it.

      The language was meant to prevent another King George who could twist the law any way he wanted it, as you have done.

      would you claim that it does not permit for federal copyrights as to paintings of artists, or music of composers?

      Authors and inventors. Artists are inventors of their art.

      --
      fast as fast can be. you'll never catch me.
    7. Re:That's wrong by cpt+kangarooski · · Score: 1
      States and localities, as per the 9th and 10th, are free to legislate on foreclosures.

      Well, previously you said that the other operations of law by which a copyright can move from one person to another were unconstitutional. Foreclosure is one such operation of law. I'll leave you to reconcile your contradictions.

      This isn't about "the left". It's about "the right".

      Actually, 'left field' is a term from baseball, not politics. Here's the Webster's definition:
      a state or position far from the mainstream (as of prevailing opinion) : a source of the unexpected or illogical


      There is no corresponding idiom regarding right field.

      I'm pretty worried about you now.

      The language was meant to prevent another King George who could twist the law any way he wanted it, as you have done.

      Yeah, I'm very tyrranical. The fact that Congress has 'twisted' this provision continuously in exactly the same way for the last 215 years, following in the tradition that would have been in the minds of the framers as they empowered Congress to act, and following in a tradition reaching back 295 years to the first copyright law -- this is all some big conspiracy is it? No chance that this longstanding interpretation could be accurate in any way as perhaps evidenced by how long it's gone unchallenged?

      Authors and inventors. Artists are inventors of their art.

      I'm sorry, you lose.

      You have just claimed that artists are inventors, and as such deserve patents on their works. (which, incidentally, has never ever happened AFAIK)

      According to the Constitution, we have patents to promote only the useful arts. Paintings have no utility as a rule. Nor are paintings a form of art -- since in 1789 when the Constitution was drafted, art referred to 'technical arts' as in 'state of the art technology.' It doesn't mean pretty things.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:That's wrong by SilverspurG · · Score: 1

      Well, previously you said that the other operations of law by which a copyright can move from one person to another were unconstitutional. Foreclosure is one such operation of law. I'll leave you to reconcile your contradictions.

      Since the Constitution says nothing about foreclosures, I guess that right is reserved to the states or the people.

      You haven't even read the 9th and 10th.

      The fact that Congress has 'twisted' this provision

      There's a very clear delineation between the author or inventor in his cottage and the King George who seeks to buy him out and become the "copyright holder". If you can't see that then, at the risk of trolling, you're a fucking idiot.

      in a tradition reaching back 295 years to the first copyright law

      Longevity does not make it Constitutional.

      Paintings have no utility as a rule

      Arguable.

      Nor are paintings a form of art -- since in 1789 when the Constitution was drafted, art referred to 'technical arts'

      Pure conjecture.

      Where in the Constitution does it say that "arts refers only to technical arts"?

      On my side. No where in the Constitution are "authors and inventors" equated with "copyright holders". No where in the Constitution is "copyright" even mentioned.

      It's out of federal jurisdiction.

      You haven't even touched the 9th and 10th Amendments yet. I suppose you're watching my posts. I've got two more today until I have to wait 'til tomorrow to push my schlong down your throat.

      --
      fast as fast can be. you'll never catch me.
    9. Re:That's wrong by cpt+kangarooski · · Score: 1

      Since the Constitution says nothing about foreclosures, I guess that right is reserved to the states or the people.

      I didn't say the federal government was the one legislating foreclosures. In fact, they don't. Federal copyright law envisions people being able to foreclose on the copyrights of copyright holders by operation of state law. Likewise, heirs can inherit copyrights by state intestacy law. And so forth.

      You haven't even read the 9th and 10th.

      Yes, I have.

      There's a very clear delineation between the author or inventor in his cottage and the King George who seeks to buy him out and become the "copyright holder". If you can't see that then, at the risk of trolling, you're a fucking idiot.

      The problem is that the author or inventor is the master of the assignment. You are saying that an author cannot assign his copyright as a gift to a friend. And that he cannot die and leave or will his copyright to his family. Etc.

      Anyone who holds a copyright is a copyright holder, regardless of how he got it. The author is the first copyright holder, but anyone could be the later ones.

      Longevity does not make it Constitutional.

      True, but it raises a very large quantity of doubt in your unique reading.

      Arguable.

      No, courts pretty always find them to lack utility. This is chiefly owing to the utility doctrine, which precludes useful pictoral, graphic, and sculptural works from being copyrightable.

      Some paintings might have utility but it's difficult to see a painting constituting a useful invention.

      Pure conjecture.

      No.

      The best English dictionary ever is the Oxford English Dictionary. It not only defines words as used now, but provides definitions and examples of their use from throughout history. If you look up the word 'art' and look through the definitions to see what it would've meant in 1789 according to the books that were in print at that time (from which the definitions and examples are drawn), you'll see that I'm stating a fact. Hell, I looked it up just to check, when someone told me!

      Any good university should have a copy. They're online too, but IIRC, it's not free. Or you can buy the 20 volume set from Amazon or other booksellers. I've had it on my wish list for years.

      Where in the Constitution does it say that "arts refers only to technical arts"?

      Where in the Constitution does it say that the country they call the United States of America is the one located on the North American continent. Maybe they meant a different one altogether!

      It doesn't, because they didn't expect people to be such amazing idiots. They used words according to their meanings at the time. They didn't think they had to include a fucking dictionary that would start from first principles so that people could speak Constitutionese. English is one of those languages that changes a lot. It's the same reason why people have difficulty reading and understanding Shakespeare and why it's quite hard to read and understand Chaucer.

      You haven't even touched the 9th and 10th Amendments yet.

      Because they hold no relevance to this discussion. The power to permit transfers of copyright is a part of the federal copyright power either by itself or in conjunction with the necessary and proper clause (which you haven't touched). So long as it's a federal power, the 9th and 10th Amendments are not implicated.

      And incidentally, while I can see the 10th amendment argument at least (since it is perfectly well established that the states have copyright powers too, to the degree they are not preempted by Congress based upon the supremecy clause et al), but I don't get your 9th amendment thing at all.

      Not that it matters: you still haven't gotten anywhere with your attack on the federal power.

      I suppose you're watching my posts.

      Nope. I try to keep an eye on replies to mine.

      I've got two

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:That's wrong by SilverspurG · · Score: 1
      You are saying that an author cannot assign his copyright as a gift to a friend.
      An author cannot reassign his Constitutional rights unless it is permitted (and only enforceable) by the State or Locality of his origin.
      Anyone who holds a copyright is a copyright holder, regardless of how he got it
      A copyright holder is not necessarily an "author and inventor". Sorry for you. The Constitution only protects "authors and inventors".
      No, courts pretty always find them to lack utility
      Only serves to illustrate that courts can be bought.
      The power to permit transfers of copyright is a part of the federal copyright power
      Care to quote that from the Constitution?

      I'd support you at the State or Local level. But at the Federal level, there are very specific rules laid down.
      but I don't get your 9th amendment thing at all.
      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
      You cannot expand "authors and inventors" to include copyright holders.
      Huh? Since when do /. posters only have a limited number of posts per day?
      Oh God. This explain everything. I'm arguing with a newb.

      It takes you almost 30 minutes to respond. Are you retarded?

      I have one post left today to violate your anus.
      --
      fast as fast can be. you'll never catch me.
    11. Re:That's wrong by cpt+kangarooski · · Score: 1
      This is from an earlier post, but 'Elrond?' The man's name is Eldred. Elrond is an elf in the Tolkien books. I mean, I only read the opinions and briefs countless times, and attended the actual oral argument back in '02. I assure you, his name is Eldred.

      An author cannot reassign his Constitutional rights

      Copyright is not a constitutional right. Congress is merely empowered by the constitution. The copyright law they enact pursuant to that power, however, is merely federal law. And if the federal law -- which is supreme to everything but the constitution -- says he can assign it, then he can. No problem.

      A copyright holder is not necessarily an "author and inventor".

      Yes, that's what I said.

      Only serves to illustrate that courts can be bought.

      I admit, I'm really struggling to figure out how you can arrive at such clearly insane conclusions. Is this some sort of performance art, you're engaged in? Posting something that's nonsense, but only slightly so?

      If so, I applaud your willingness to enage in art, but I'm not very impressed by it. Dada has come and gone.

      Care to quote that from the Constitution?

      Okay.

      The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; ...

      And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


      Since, per Eldred, Congress constitutionally has broad leeway to implement copyright as it sees fit in order to exercise the power it has in this field, it can constitutionally permit for copyright transfer.

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Yes, I know what the ninth amendment is. I'm saying I don't see how it is applicable.

      Oh God. This explain everything. I'm arguing with a newb.

      I have a UID of 3773 and you think I'm a newbie?

      It takes you almost 30 minutes to respond. Are you retarded?

      Well, maybe it takes no time at all to post a string of nonsense connected by spittle, but I don't post such things

      I have one post left today to violate your anus.

      And so again, why is it that you've only the one remaining post?

      (Not that I'm arguing. You're an idiot, and I'll be glad to never see you again. Feel free to jump off of a cliff.)
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:That's wrong by SilverspurG · · Score: 1
      Congress is merely empowered by the constitution.
      The Constitution says nothing of copyright holders. Only authors and creators. Congress, then, is not empowered to legislate on "copyright holders" at all.
      Congress constitutionally has broad leeway to implement copyright as it sees fit in order to exercise the power it has in this field, it can constitutionally permit for copyright transfer.
      Unconstitutional. There is no "as it sees fit" unless you want to validate "As King George sees fit".
      Yes, I know what the ninth amendment is. I'm saying I don't see how it is applicable.
      "Copyright holder" is an enumeration of "authors and creators" and, per the 9th amendment, is disallowed.
      I have a UID of 3773
      I'm impressed? Oh wait... yet you still don't know about "25 posts per day (more or less)".

      I have no posts left to violate your anus. See you tomorrow around 3:30 PM if you care to continue.
      --
      fast as fast can be. you'll never catch me.
    13. Re:That's wrong by cpt+kangarooski · · Score: 1

      There is no "as it sees fit"

      There is. The courts could act as a check on Congress, and generally do, but they are an equal branch of the federal government, not a superior one. They can't sit over Congress and pick and choose laws as if they were a super-legislature. This means giving Congress leeway to act. It has bounds, but it's free to do as it likes within those bounds.

      This includes copyright transfers.

      "Copyright holder" is an enumeration of "authors and creators" and, per the 9th amendment, is disallowed.

      That makes no sense whatsoever. Try again.

      Oh wait... yet you still don't know about "25 posts per day (more or less)".

      Nope. Guess I've never encountered that. And it doesn't appear to be in the FAQ, from a quick glance. But if it means I don't have to put up with the crap that you've been spewing, I'm not terribly upset.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:That's wrong by SilverspurG · · Score: 1

      This includes copyright transfers.

      The bounds are limited by the 9th. Typical of a lawyer, you're expanding to fit your personal desire.

      No wonder your kind are labelled as the scum of society.

      --
      fast as fast can be. you'll never catch me.
    15. Re:That's wrong by cpt+kangarooski · · Score: 1

      How?

      While the 9th notes that there are rights of the people not enumerated in the bill of rights, such rights enjoy no unique guarantees. Furthermore, what specific right is infringed by the availability of copyright transfers?

      There's no right to a copyright. There's no right to a non transferable copyright.

      Typical of a lawyer, you're expanding to fit your personal desire.

      No, not really. I wouldn't mind a non transferable copyright system, but I don't see the point, and I don't see that we'd be stuck with one.

      No wonder your kind are labelled as the scum of society.

      No, no one in the world dislikes lawyers based on the 9th amendment.

      And what's with you? A lawyer kill your family, and now you're out for revenge?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:That's wrong by Anonymous Coward · · Score: 0

      While the 9th notes that there are rights of the people not enumerated in the bill of rights

      The 9th and 10th cover rights not enumerated in the Constitution. Anything not in the official document is specifically reserved to the states or the people. There is no "copyright holder" in the Constitution.

      Leave it to the states or localities, legal boy.

      The Constitution is very specific in LIMITING the Federal government. The 9th and 10th are not a carte blanche for legal beagles to reinterpret the Constitution as they see fit.

      A lawyer kill your family, and now you're out for revenge?

      Maybe. What are you doing to make it right?

    17. Re:That's wrong by cpt+kangarooski · · Score: 1

      The 9th and 10th cover rights not enumerated in the Constitution.

      Wow. For all your amazing crap, harping on these, you don't actually know what they are. That's funny.

      The 9th does that, and only for people. The 10th covers powers, not rights.

      Copyright is not a right of the people. The ninth is inapplicable. It is a power of the states (and not the people) so the 10th certainly indicates that states retain copyright powers, but that doesn't preclude Congress from legislating where it too has that power, as it does.

      The Constitution is very specific in LIMITING the Federal government.

      No, it's more like it's very specific in expanding the federal government from nothing. To limit would imply that it's reducing it and that therefore it has an independent existence. For a sort of states-rights idiot, you really aren't very good at this.

      Maybe. What are you doing to make it right?

      Finishing the job? ;)

      What happened to 25 more or less?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:That's wrong by Anonymous Coward · · Score: 0

      It is a power of the states

      Federal authorities have no business meddling in these matters.

      it's more like it's very specific in expanding the federal government from nothing

      Unlikely. No founder wanted a federal communist state. Nor did they want a King George state.

      What happened to 25 more or less?

      I hacked it.

    19. Re:That's wrong by cpt+kangarooski · · Score: 1

      Federal authorities have no business meddling in these matters.

      It is.

      All federal powers were granted to it by the states or the people. Rarely were the powers given over completely, instead they are shared, with the federal government supreme over the states.

      For example, Congress can regulate interstate commerce by means of the commerce clause. So can the states, but they can't conflict with what Congress does, and can't abuse their freedom of action where Congress hasn't legislated so as to fuck it all up (see the negative commerce clause).

      Unlikely

      You're saying that the federal government would have existed even if no state or person had empowered it?

      For your next post, you'll talk about how the world is flat, huh?

      Posting as an AP is not a hack. It is lame. N.b. that I've posted over 25 times today and am still using my account.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    20. Re:That's wrong by Anonymous Coward · · Score: 0

      All federal powers were granted to it by the states or the people.

      Sorry. Powers are not upward flowing. Feds cannot gain powers from the states.

      can't abuse their freedom of action where Congress hasn't legislated

      Congress cannot legislate outside of the Constitution.

      You're saying that the federal government would have existed even if no state or person had empowered it?

      Congress only exists within the authority of the Constitution.

      Posting as an AP

      Cope.

    21. Re:That's wrong by cpt+kangarooski · · Score: 1

      Powers are not upward flowing. Feds cannot gain powers from the states.

      How the hell do you think the states and people created the federal government other than by investing it with their own powers?

      Magic federalist pixies?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    22. Re:That's wrong by Anonymous Coward · · Score: 0

      How the hell do you think the states and people created the federal government

      Within the confines of the Constitution.

    23. Re:That's wrong by cpt+kangarooski · · Score: 1

      From where does the Constitution derive its power?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    24. Re:That's wrong by Anonymous Coward · · Score: 0

      From where does the Constitution derive its power?

      Lawyer. The Constitution does not grant Federal rights to "copyright holders", only to "authors and creators".

    25. Re:That's wrong by cpt+kangarooski · · Score: 1

      No, it doesn't derive it's powers from lawyers. But don't underestimate our powers, which are mighty and terrible!

      The Constitution does not grant Federal rights to "copyright holders", only to "authors and creators".

      Nope. The constitution doesn't grant rights to authors. (And the term 'creators' should not be in quotes as you have it, since it is not in the Constitution. You claim to like the literal wording of it, but can't quote it correctly? You're a dumbass.) The constitution only empowers Congress. Congress, using that power, can choose if it wants to establish a system of copyrights, and can set up any system it likes so long as it is within the power granted to it. Allowing for transfers is within that power as a necessary and proper adjunct to promoting the progress of science and does not conflict with the securing to authors subclause as transfers necessarily come afterwards and were part of the framers' intent for federal copyright laws as evidenced by the fact that that's what they were familiar with before, and that's what they implemented once the government was running.

      I have but the least glimmer of hope that you're on the level and just amazingly stupid, as opposed to being a troll and amazingly stupid.

      Either way, you've lost the argument, resorted to name calling of a type that doesn't actually work since I _am_ a lawyer and that's not an insult, and have just started over again.

      If you want to start over again, go back to the top of the thread and read down to this point and repeat until the truth of the matter gets through your thick head.

      Otherwise it's time for you to give up, sparky.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    26. Re:That's wrong by Anonymous Coward · · Score: 0
      Congress, using that power, can choose if it wants to establish a system of copyrights,

      Read Section 8, "Scope of Legislative Powers"
      "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
      Authors and inventors.

      Nothing about copyright holders.

      Back off, son... Interpretive son. Enumerative son.

      Allowing for transfers

      This comes into the realm of employee contracts. Apparently you're in support of King George.

      Otherwise it's time for you to give up, sparky.

      The only thing being sparked is a revolution, corporate boy.
    27. Re:That's wrong by cpt+kangarooski · · Score: 1

      This comes into the realm of employee contracts.

      No. While some transfers are by means of contract, many others are not.

      If an author copyright holder gives a copyright to a friend as a gift, it's not per a contract, but it is valid. You, fool, think it's not.

      If an author dies and his will leaves his copyright to his family, it's not per a contract, but it is valid. You, fool, think it's not. Likewise for authors that die intestate; it's treated as personal property and goes to his heirs.

      In these cases, the non-authors that are given the copyrights become copyright holders. Except in your fantasy world.

      So what do you think happens to a copyright when an author dies? It has to go away too? Or what?

      The only thing being sparked is a revolution, corporate boy.

      Uh huh. And btw, I'm actually in favor of sweeping reforms that would massively reduce copyright. I'm opposed to where it's been going for the last century or so.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    28. Re:That's wrong by Anonymous Coward · · Score: 0

      If an author copyright holder gives a copyright to a friend as a gift, it's not per a contract, but it is valid. You, fool, think it's no

      Under state law or local law, maybe. Under federal law, no. It's outside their jurisdiction.

      If an author dies and his will leaves his copyright to his family, it's not per a contract, but it is valid

      Under state law or local law, maybe. Under federal law, no. It's outside their jurisdiction.

      But the RIAA/MPAA doesn't try things under wills.

      So what do you think happens to a copyright when an author dies? It has to go away too? Or what?

      If not spec'd in the will then, yes, it goes away. It becomes public domain under federal law.

    29. Re:That's wrong by cpt+kangarooski · · Score: 1

      As I said, you're repeating your babble. Why not go back to when you first made your unsupportable claims, and work your way back to where you lost?

      And by the way: If not spec'd in the will then, yes, it goes away. It becomes public domain under federal law.

      You claim that there is such a federal law. Cite the precise statute or case to this effect. As there is no such law, I figure you won't be able to post a reply, and that'll finish things up nicely.

      The actual law -- the one that in effect brands you as a liar or monumental moron -- is 17 USC 201(d)(1), which reads in pertinent part: The ownership of a copyright may ... pass as personal property by the applicable laws of intestate succession.

      Be seeing you.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    30. Re:That's wrong by Anonymous Coward · · Score: 0

      You claim that there is such a federal law

      Federal Law, as empowered by Article 1 Section 8, only entitles "inventors and creators".

      Just STFU.

      17 USC 201(d)(1), which reads in pertinent part: The ownership of a copyright may ... pass as personal property by the applicable laws of intestate succession.

      Unconstitutional.

    31. Re:That's wrong by cpt+kangarooski · · Score: 1

      No, the constitution does not establish copyrights, nor is it properly termed a federal law.

      You said there was a federal law causing copyrights to enter the public domain.

      Cite the statute or case precisely.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    32. Re:That's wrong by Anonymous Coward · · Score: 0

      You said there was a federal law causing copyrights to enter the public domain.

      In the absence of a federal right it is transferred to the states or the people.

    33. Re:That's wrong by cpt+kangarooski · · Score: 1

      You said there was a federal law causing copyrights to enter the public domain.

      Cite the statute or case precisely.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    34. Re:That's wrong by Anonymous Coward · · Score: 0

      You said there was a federal law causing copyrights to enter the public domain.

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

    35. Re:That's wrong by cpt+kangarooski · · Score: 1

      That is not a federal law causing copyrights to enter the public domain. It only permits states to establish state laws to that effect, and they cannot due to the effect of the supremecy clause.

      You said there was a federal law causing copyrights to enter the public domain.

      Cite the statute or case precisely.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    36. Re:That's wrong by Anonymous Coward · · Score: 0

      You said there was a federal law causing copyrights to enter the public domain

      I said no such thing. I said that "copyright holder" was outside the realm of federal jurisdiction.

      Feel free to make copyright law constitutional by s/copyright holder/author or inventor/g

      Imagine how that would change the landscape of IP.

    37. Re:That's wrong by cpt+kangarooski · · Score: 1
      You said there was a federal law causing copyrights to enter the public domain


      I said no such thing.

      Yes you did, but you're a liar:

      So what do you think happens to a copyright when an author dies? It has to go away too? Or what?


      If not spec'd in the will then, yes, it goes away. It becomes public domain under federal law.

      You said there was a federal law causing copyrights to enter the public domain.

      Cite the statute or case precisely.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    38. Re:That's wrong by Anonymous Coward · · Score: 0

      You said there was a federal law causing copyrights to enter the public domain.

      Apparently I wasn't clear enough for you. There is an absence of federal authority in the realm of copyright holder. According to federal law, the copyright never existed.

      Yes. When the copyright holder dies the copyright goes away.

      but you're a liar

      Quit whining. Save that for the courtroom.

    39. Re:That's wrong by cpt+kangarooski · · Score: 1

      It becomes public domain under federal law.

      According to federal law, the copyright never existed. ... When the copyright holder dies the copyright goes away.

      You said there is a federal law causing copyrights to enter the public domain. You have also said that there is a federal law causing copyrights to retroactively not exist upon the death of the copyright holder -- a term you no longer seem to be objecting to.

      There are no such laws, but you say there are.

      Cite the statute or case precisely.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    40. Re:That's wrong by Anonymous Coward · · Score: 0

      You said there is a federal law causing copyrights to enter the public domain

      There's an absence of federal jurisdiction concerning copyrights. From the federal point of view, every copyright is public domain.

      Please come back when you start talking about authors and inventors.

      have also said that there is a federal law causing copyrights to retroactively not exist upon the death of the copyright holder

      They never existed in the first place. Keep arguing if it makes you feel better.

      There are no such laws, but you say there are

      You're right. There are no such laws because there's no Constitutional jurisdiction.

    41. Re:That's wrong by cpt+kangarooski · · Score: 1

      It becomes public domain under federal law.

      According to federal law, the copyright never existed. ... When the copyright holder dies the copyright goes away.

      There are no such laws.


      So you're just lying.

      Given that you lied, saying that those laws existed when in fact they do not, as you now admit, why should I believe that there is any basis at all for the rest of your argument, or that you are posting in good faith?

      Tell you what: cite to any statute, case, or scholarly article supporting your tortured and unique reading of the Constitution and we can continue. But if you're the only person in the world suffering from your particular delusion, then I think it's best if you suffer alone.

      But if you cannot find even one person to back you up, then it'll be evident that you're just lying some more, and are not in fact arguing, but just being an idiot. You do have a track record for that, after all.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    42. Re:That's wrong by Anonymous Coward · · Score: 0

      So you're just lying

      You're whining again.

      why should I believe that there is any basis at all for the rest of your argument

      Don't believe me. I don't want you to believe me. I want you to read it yourself. Read the Constitution. Read the 9th and 10th amendments.

      your tortured and unique reading of the Constitution

      Because, if you don't take my strict reading, you end up with what we have today: a completely farcical and subjective legal system where King George can buy out any author or inventor he wants. What's the point of securing their rights if King George can threaten them into submission?

    43. Re:That's wrong by cpt+kangarooski · · Score: 1

      I want you to read it yourself. Read the Constitution. Read the 9th and 10th amendments.

      I have. Your message from the pixies does not seem to be in it. You have not shown that anyone else in the world agrees with you even a little bit, which casts total doubt on every word you write.

      You are a liar -- by your own admission -- and you are a crank, posting your own unique brand of nonsense. You're probably off your medication or simply one of the most stupid people I've ever had the bad fortune to encounter, even on /.

      Until you can cite me one law, case, or scholarly article that backs you up, this is the end of our discussion. Since you will never find such a thing, I expect it is the permanent end to our discussion. Future posts from you or believed to be from you will be ignored or met with the same challenge and recounting of your history of lies and spurious nonsense.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    44. Re:That's wrong by Anonymous Coward · · Score: 0

      You have not shown that anyone else in the world agrees with you even a little bit, which casts total doubt on every word you write.

      Of course not. The world is composed of lawyers and politicians who, like yourself, don't enjoy being saddled by the rules.

      If, as you propose, the 9th and 10th Amendments have no jurisdiction in limiting the federal government then why are they there? Do you suppose the 9th and 10th were just extra verbage to round out the Bill of Rights to 10 amendments? If not to cement the federal government to a strict reading of the Constitution, what purpose do they serve?

      Can you cite one case where the Federal Government has ever voluntarily said,"No. Sorry. According to the 9th and 10th Amendments, that's just not under our jurisdiction?"

  91. Issues by Anonymous Coward · · Score: 0

    You're so sensitive about it, it looks to me like you really do hate women.

    Honestly, get over that divorce already.

  92. What's your point? by Anonymous Coward · · Score: 1, Interesting

    That the MPAA is fighting a losing battle? Because the "kids" in Iran are able to sneak seditious material in and out of the country, at the risk of death?

    Your point is not very clear.

  93. narc by Anonymous Coward · · Score: 0

    seriously, if you told me that in person at the very least i would break your legs. i think its wrong to make a profit off of it, but to narc someone out to the govt dishonors your soul. how big was the "reward". 100$ 200$? you now must live in shame for the rest of your days. heres a nice tool for you. have a fun filled intestine spilling night!

    "bitch negros in the pen being hit when the guards look the other way. We hit HARD hitman and dre"

  94. Allofmp3?? by xtracto · · Score: 1, Interesting

    Hi, well this is more like a question.

    I have downloaded some cd's from this allofmp3 site. So it seems to be "barely legal". Now I am not in the US,

    Does anyone knows the actual state of that site according to the US Law?? to the UK law? or to the Mexican (yes... its not a joke) law?

    Anyway, I think this is the only post where I wont be "off topic"

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  95. UNREAL. You are really this dumb?? by Anonymous Coward · · Score: 0
    1) The number of people who buy videos from street vendors is likely miniscule compared to the number of people who are already downloading ripped movies; and

    Dude, seriously, try to pay attention, and go back and read the article: THEY CAN'T BE SELECTIVE IN HOW THEY ENFORCE THEIR COPYRIGHT! IF THEY COOSE NOT TO ENFORCE IT AGAINST THE STREET VENDOR, THEN IT IS TANTAMOUNT TO A TACIT BLESSING OF THE STREET VENDOR'S ACTIONS.

    2) The quality of videos from street vendors is notoriously unwatchable; and

    It is common knowledge that the quality of the DivX rips EAT BALLS compared to a real DVD. The sound is rarely better than 2 channel stereo. The video is pixelated and ass quality. And don't get me started on the cam jobs. Goddamn it, I BUY MORE DVDs NOW THAN I EVER HAVE BEFORE!!

    And by the way! SO DOES EVERYONE ELSE! FUCKING MPAA MEMBER PROFITS HAVE NEVER BEEN HIGHER IN RECORDED HISTORY!!

    3) The "college kids" that are downloading ripped movies are precisely the demographic that the movie industry depends on for generating theater revenue. If it becomes as popular as MP3 sharing, they're going to lose $, hence sue now before it becomes a major problem.

    YES! BRILLIANT! IDENTIFY THE DEMO! SUE THE DEMO!! YEEEESSSSSS!!!!!!!

    I swear to sweet holy christ you idiots better figure this shit out and figure it out quick. Customers will ALWAYS drive the market! ALWAYS! Sure there will be times within market cycles when the advantage can shift to supplier and back again as a result of simple supply and demand.

    But we are talking about a SEA-FUCKING-CHANGE here. And the customers are giving you idots a gift! They are telling you boneheads how they want to do business, how they WANT TO GIVE YOU MORE MONEY!! And while this basic lesson is being provided, not only free of charge, YOU ARE MAKING ENORMOUS PROFITS!! Embrace these people and you will be richer than your wildest dreams.

    Let people d/l poor quality versions of your crap. Fuck them! They have already proven that they crawl all over themselves to purchase the "good" versions.

  96. For those who don't get it... by Anonymous Coward · · Score: 0

    http://www.ebaumsworld.com/gijoe.html

    You'd be looking for the sixth one down.

    -Another AC

  97. Re:Indeed! by CTO1 · · Score: 1

    I couldn't have said it any better!

  98. Re:Motion Picture Association of America by MinotaurUK · · Score: 1
    There definitely *is* a boxset of Lain. It's on the shelf in the living room - bought it a couple of years ago.

    Import your anime from Canada - there are a few good DVD companies up there, competitive prices, and pretty good (and cheap) delivery arrangements to the UK.

  99. That's one of the things that needs to be fixed by Solandri · · Score: 1
    If you go to the RIAA web site you'll see that their estimated value of 2002 sales (not revenue) was $12.614 billion. The number of new releases that year was 33,433

    Divide those two numbers and you see that on average each song has an estimated value of $377,292 for the year. The potential fine for a single copyright infringement is $150,000, or nearly 40% of the average total annual value of a song. For a single infringement.

    Yes the more valuable songs are infringed more often. But if you're going to base the maximum potential fine on every song that's on the CD, even the crappy ones, you need to work with the average value. This fine needs to be lowered drastically to put it more in line with reality. Maybe make an exception for more successful songs, but $150,000 per song is ridiculously high.

    1. Re:That's one of the things that needs to be fixed by cpt+kangarooski · · Score: 1

      A few corrections:

      First, statutory damages are calculated per work infringed. Not per infringement.

      If I make one copy of a song, that's one infringement, worth up to $150k.

      If I make one million copies of the song, that's one million infringements, worth up to $150k in sum.

      But if I make one copy each of two songs, only then do I face a potential liability of up to $300k.

      Second, it's not the maximum potential damage amount. It's only the potential maximum for statutory damages. Copyright holders can opt for statutory damages, but they don't have to. If they do not so opt, they instead will have damages based on the actual damages and profits per 17 USC 504(b). This is sometimes done, particularly for very deep pocketed infringers, but it is more work.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:That's one of the things that needs to be fixed by SilverspurG · · Score: 1

      Copyright holders ... per 17 USC 504(b)

      Too bad copyright holders aren't protected by the Constitution. Only authors and inventors are. As such, the federal government is only allowed to legislate in the interests of inventors and creators. To create a third class, "copyright holders", is outside their jurisdiction.

      So... When are the courts going to start asking the politicians to play by the rules set down by the 9th and 10th Amendments?

      --
      fast as fast can be. you'll never catch me.
    3. Re:That's one of the things that needs to be fixed by cpt+kangarooski · · Score: 1

      Do you mind keeping your (unfounded) arguments to the one thread only please? I'm already smacking you down quite nicely there. There's no need for repetition.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  100. Who still downloads music and movies? by Kris_J · · Score: 1
    They're so crap at the moment. If you can't afford to pay to see the one or two good movies that come out a year, how did you afford the computer needed to play an Xvid? And music, damn there's some junk on the radio. One of our local supermarket chains started playing the top 50 as their instore musak and we switched chains it was so bad. I don't want this stuff free, why is anyone risking a law suit over this pap?

    Is it a manufactored demand thing? Is marketing really so effective that people are willing to break the law just to say they have this stuff? I thought we were finally getting to a point where the population was seeing through this pointless consumption.

  101. FIXED by EvilStein · · Score: 1

    GREAT GOOGLYMOOGLY that was ugly. I swear, it wasn't that ugly when I first put it up there.

    My bad.

    It's much prettier now, and a lot easier to read...

    thanks for pointing that out. :)

  102. You do know what a "mouthpiece" is, right? by Anonymous Coward · · Score: 0

    "If you find the $150,000 figure doubtful, I encourage you to look at the actual law."

    I encourage you to look at case law and find where a court has fined anyone for copying movies for personal use.

    Its kind of like a $5-$1,000 fine for jaywalking. Yeah, you can do boogie-man stories of $1K for jaywalking, but in fact, you can't arrested for jaywalking.

    Same thing for copying movies for personal use. In fact, I'll bet the big corporations would never want this to go to trial because there's a good chance a court will simply say "pfft...fair use. And why are you wasting the court's time over 10 DVDs?"

    So okay. If you want to talk about the letter of the law. Great. The letter of the law once said blacks have to stand on the back of the bus. The law was wrong, and it finally took a generation of judges who understood that kind of thinking would eventually destroy the country because ultimately, it couldn't be reconciled with common sense and morality.

    Same thing will be true of copyright. Am I suggesting the struggle over copyright has gotten to the point where its the equivalent of apartheid? I sure am. Its the most important struggle of this generation. And right now, if you're not a billionaire, you're getting screwed. Most people don't understand the implications right now of what's happening and parrot some stupid line like "Breaking copyright is the same as stealing". I predict there will be real turmoil in the country in the next 20 years over copyright if we don't change things.

    But I'm an old man, and I'll leave it to the next generation to patch it up. I've taught my kids common sense stuff about copying music and stuff, and I can live with that (hint: it doesn't quite jibe with copyright, but its workable).

    Honestly, I'm going to enjoy watching these media companies implode. I hope disney goes first.

  103. Dear MPAA, by chrysrobyn · · Score: 1

    Dear MPAA,

    You can have my money when you earn it. Stop standing in the way of progress. I can now watch a movie from the comfort of my own home, without the sticky floors or 10 minutes of commercials preceeding it.

    United States Constitution, Article I, Section 8, Clause 8: "Congress shall have Power [...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

    Current copyright lawsuits are not promoting the progress of science. Computers are here to stay, and innovators are enabling me to watch a movie after my toddler goes to bed. I'm willing to give someone money in exchange for this innovative convenience, but none of the copyright holders wants to take it.

    I'd pay for commercial free TV episodes I could watch on my own schedule, too, if I didn't have to wait 5 years for the DVD to come out, but that's a topic for a different day. They think my eyeballs are worth money to advertisers, huh? Why won't they take it from me directly?

  104. No, you didn't by Anonymous Coward · · Score: 0

    "I'm already smacking you down quite nicely there."

    Actually, like most lawyers, you avoided answering his question. You answered the question you were more comfortable.

    If he asked "Do courts currently treat the copyright holder the same as the original author?"

    Your answer would be correct.

    But that's not what he asked. He raised the point that copyright holders are a new class that probably don't meet the definition as laid down by the founders.

    If that's what congress wants to do, why don't they pass an amendment?

    Ultimately, the real question is... how does this promote the arts and sciences. Because if it doesn't promote the arts and sciences, then it might well be unconstituional.

    But you'll simply start spouting laws, and avoiding the question. Neat trick, but i'll give you a hint... smart guys go into law. Brilliant guys go into computer science.

    And in case you're wondering, I have a nicer BMW than you too.

    1. Re:No, you didn't by cpt+kangarooski · · Score: 1

      Actually, like most lawyers, you avoided answering his question.

      Actually I am engaged in a discussion with him in the thread I linked to. I simply don't want to repeat it. This is easier when you only have one argument at a time, instead of the same one, at different stages, in parallel.

      But that's not what he asked. He raised the point that copyright holders are a new class that probably don't meet the definition as laid down by the founders.

      They're not new. They date back to the creation of copyright to begin with. All copyright statutes in our legal tradition dating back nearly 300 years provide for copyright holders other than authors.

      But since I suspect that you are in fact the other poster -- since I simply cannot believe that there are two such stupendously stupid people on /. and that both of them have appeared on the same day in the same grouping of threads -- I will ask you to not post again here, but to instead post in the other thread where the argument (or smack down) is proceeding.

      Neat trick, but i'll give you a hint... smart guys go into law. Brilliant guys go into computer science.

      I have not found this to be the case. All kinds of people go into all kinds of professions. Certainly I know plenty of stupid computer scientists and brilliant lawyers, and also stupid lawyers and brilliant computer scientists.

      And in case you're wondering, I have a nicer BMW than you too.

      Probably. I have a 12 year old Ford. If I buy a new car (the current one is paid off) it'll probably be a Honda or something. I don't care about cars -- they only need to be cheap to own and operate, and to reliably get me where I need to go.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:No, you didn't by Anonymous Coward · · Score: 0

      "I have not found this to be the case."

      Of course not. You're a lawyer. You can't believe there anyone smarter than lawyers. But what I've found is that lawyers tend to be a hair above telephone sanitizers and marketers.

      Oh. In addition to the nicer BMW (both of mine are paid off), my wife is hotter than yours, my kids are smarter than yours. I'm guessing I'm better looking, people like me more (by definition: you're a lawyer), my house is nicer, and my guess is if we met in a ring, I'd kick your ass there too (yes, I do train, thanks for asking!).

      When you total all of that, the implications are really pretty staggering for you. Although they're pretty staggering for me as well. Its people like you arguing laws that set precedent. The implication is (I'm doing this slow, because, well...you know why), that we have a 2nd rate judiciary and set of laws because...well... you know why.

      I'm not saying any of this to offend you, I'm simply pointing out to anyone bored enough to read this that people going into law deserve to go there, but unfortunately, that has bad implications for people in the top 2-3% (percent is "out of 100").

    3. Re:No, you didn't by cpt+kangarooski · · Score: 1

      You can't believe there anyone smarter than lawyers.

      That is patently false.

      I think that it's difficult to rate intelligence well, but if there is someone who is the smartest person in the world, odds are that it's not a lawyer if only because there is a relatively small number of lawyers in the world. It's also probably not a computer scientist, for the same reason. If I had to guess, I'd say the smartest person in the world is probably a housewife.

      But what I've found is that lawyers tend to be a hair above telephone sanitizers and marketers.

      That's a bit odd, given that pretty much all even halfway successful societies have had laws, and that where there are laws, people tend to specialize in working with them, just as we have other specialized occupations (farmer, metalworker, etc). I think lawyers probably positively contribute to societies, because they try to keep people from breaking the law, which is on the whole a good thing. (depends on the law, of course)

      In addition to the nicer BMW (both of mine are paid off)

      Pretty forgetful, are you? I have no BMW, so there's nothing to be nicer than. Plus, I don't think a BMW is nice given what I look for in a car. So who cares?

      my wife is hotter than yours

      Not married.

      my kids are smarter than yours

      No kids, and don't particularly want any.

      I'm guessing I'm better looking

      No way to know.

      people like me more (by definition: you're a lawyer)

      I don't care what people think of me if they merely adhere to mindless prejudices. I don't need their respect. Given your attitude, I doubt anyone likes you much if they get to know you.

      Also clients tend to love their lawyers. We get things done for them.

      my house is nicer

      I rent.

      and my guess is if we met in a ring, I'd kick your ass there too

      I abhor violence, and you haven't kicked my ass in any way at all yet, so it's a little premature to say 'too.'

      When you total all of that, the implications are really pretty staggering for you.

      No, I've met plenty of trolls on /.

      Its people like you arguing laws that set precedent.

      I find that particular mangling of words to be amusing.

      that we have a 2nd rate judiciary and set of laws because...well... you know why.

      What would you propose as a replacement? I'm guessing it would be Thunderdome (two litigants enter, one litigant leaves).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  105. Re:You do know what a "mouthpiece" is, right? by cpt+kangarooski · · Score: 1

    but in fact, you can't arrested for jaywalking.

    Really? Why not? While it might be uncommon, I don't see why it's impossible. It's probably happened before.

    Same thing for copying movies for personal use. In fact, I'll bet the big corporations would never want this to go to trial because there's a good chance a court will simply say "pfft...fair use. And why are you wasting the court's time over 10 DVDs?"

    There is little chance of a finding of fair use unless downloading -- without uploading -- is done only as a substitute for self-ripping. And even then there is a whole other kettle of fish with the anticircumvention provisions.

    Also the number of works really isn't important. Ten infringements is not a frivolous enough matter for the court to get upset with the plaintiff or to have grounds to do anything untorward. It might set low damages (c.f. nominal damages in tort cases) but that's about it.

    So okay. If you want to talk about the letter of the law. Great. The letter of the law once said blacks have to stand on the back of the bus. The law was wrong, and it finally took a generation of judges who understood that kind of thinking would eventually destroy the country because ultimately, it couldn't be reconciled with common sense and morality.

    I fear you are confusing my discussion as to what the law is with an endorsement for the law as it is. Let me be clear: I like the idea of copyright law. But I hate the copyright law that we have on the books. I think we need massive reform and extreme reductions in the scope of copyright across the board. I think that by scrapping oand replacing our copyright law with a much more modest one, we can better fulfill the purposes copyright is intended to serve, and improve the well being of the people of our country, including our authors.

    But I'm not going to pretend that this has happened yet, if it ever will. In fact, I think it is key to make sure that people know just what the law is now so that they know just how bad the law is now and are truly motivated to change it to something better.

    I hope disney goes first.

    Meh. I think they've done some bad stuff, but I'm prepared to forgive it so long as we can simply repair the damage as best we're able and prevent further abuses.

    I don't fault them for being greedy. I want them to be greedy, since that's essential to the proper functioning of copyright. It's just like how luring a donkey forward by dangling a carrot in front of it relies on his greed. No greed, no forward motion.

    I just want to channel that greed in useful ways, instead of letting it run roughshod over all of us.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  106. Free Speech? by gtm256 · · Score: 1

    The other day I opened up a divx file with my handy dandy hex editor and orated the one's and zeros to a friend of mine. My friend, as I orated, saved the one's and zero's with his hex editor and then happily watch the divx on his computer.

    Have I just comitted a crime? Or does the constitution protect my right to free speech?

    1. Re:Free Speech? by slavemowgli · · Score: 1

      If the movie you were reading to him bit by bit was copyrighted and the copyright holder did not allow you to distribute it, then you did commit an illegal act. And freedom of speech does not protect you - just like it does not protect you when you yell "FIRE!" in a crowded theatre, for example.

      --
      quidquid latine dictum sit altum videtur.
    2. Re:Free Speech? by gtm256 · · Score: 1

      Yes, but no one is going to die if you pirate IP.

      What I was trying to do was to point out how strange it is for our government to restrict someone from communicating information to another person. Whether that information is propagated via a computer or sound waves through the air is irrelevent. It's still just an exchange of information that looks a lot like speech when you break it down.

      I also think it's strange that the government can deem some information okay for communication and other information not okay. How did they figure that out? When I give a recipe I found out of a book to a friend, am I a criminal? Of course it's not a crime because the book publishers want you to do that so you'll encourge others to buy the recipe book. This seems so arbitrary to me. Who makes these rules? I don't think it's individuals. In recorded music there's a rule for determining if a work is derived or not. If you produce a song that has 24 consecutive measures that are the same as another song, then you can be charged with copyright infringement. Who decided on that number?

      I think we as a society get to decide on this. It is arbirary. It's just a question of who do you want to empower with this information. Industry? Or individuals?

  107. Death Throws.... by ProzacGod · · Score: 1

    Its been said before, but I feel it must be repeated, the actions of the MPAA , and RIAA are jus the death throws of a bug being squashed, albeit slowly. After reading statistics about the number of users growing every year sounds like geometric growth, not linear. even if it was linear, and not geometric how do they intend to keep up with lawsuits, that would mean that they would have to put out ever increasing amounts of lawsuits every year, eventually the govn't will just get tired of them and pass a law that makes it illegal to file more than 1000 lawsuits in a year, or whatever. Anyone ever wonder how much it must cost taxpayers for these lawsuits to go through court? - I'd like to see the numbers