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UK Record Industry Starts Suing Filesharers

An anonymous reader writes "The BBC has the story that the British Phonographic Industry (BPI) has started a first set of lawsuits against UK file sharers. 23 people paid £50,000 to settle out of court. This is the first time people in the UK have been fined, and probably won't be the last. From the article: "We are determined to find people who illegally distribute music, whichever peer-to-peer network they use, and to make them compensate the artists and labels they are stealing from."

459 comments

  1. MPAA is on its way by moofdaddy · · Score: 4, Insightful

    This is just the start of the trends which have become somewhat commonn place in the states making the hop over the Atlantic. I think read on Drudge yesterday that the MPAA is considering a similar manuever in the UK. Insiders say that they plan on going after people who are sharing 10 movies or more. For now they are only planning on targeting those who offer up movies which have yet to be released but I would imagine they will be widening that net before too long.

    --
    Be better in bed. Wikiafterdark!
    1. Re:MPAA is on its way by omen405 · · Score: 1

      its simple to beat this .all some independant programme makers have to do is buy rights to music and let people download it for free

    2. Re:MPAA is on its way by X0563511 · · Score: 2, Informative
      Ever check the licensing?

      Even good licencers are prohibitively expensive.

      Project type: corporate use
      Artist: Electric Frankenstein
      Album: Conquers The World
      Song name: 01-It's All Moving Faster-Electric Frankenstein
      Audience type: general public
      Maximum audience size: unlimited
      License duration: unlimited
      Price: $2400


      I used corporate use because it's the only one that lets you do whatever you want. But that's the price for one track.
      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    3. Re:MPAA is on its way by Anonymous Coward · · Score: 0

      Was I the only one who thought it said British Pornographic Industry? I was thinking "those plucky Brits...."

  2. Ouch by Frogmum · · Score: 4, Insightful

    Seriously, 50,000 pounds for some music? They're so extreme with the amounts.

    1. Re:Ouch by Anonymous Coward · · Score: 0
      The average compensation payment was £2,200 each, with one person paying £4,500.
    2. Re:Ouch by Anonymous Coward · · Score: 0

      25 tons wow! That is alot of music! ;-)

    3. Re:Ouch by Frogmum · · Score: 0

      The 23 people who settled for 50,000 totalled $21,453,716. I find that a bit extreme.

    4. Re:Ouch by Frogmum · · Score: 1

      Seriousry. I'd like to see that much music. CD cases and all.

    5. Re:Ouch by Anonymous Coward · · Score: 0

      Totalled? Totalled what? Their worth if they were sold into slavery? Their salaries? Their net worth? Their debt? The sum of the worth of their motor vehicles?

      English. It's a three-edged sword.

    6. Re:Ouch by Frogmum · · Score: 0

      Their fines combined totalled $21,453,716.

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

      You read that article really really well didn't you? 50,000 in total, not 50,000 each...

    8. Re:Ouch by mark-t · · Score: 1
      Perhaps you are unacquainted with copyright law.

      The penalties are stiff.

      Very stiff.

      That you and so many others perceive copyright infringement as a "victimless crime" doesn't change that.

      Or do you think that doing 140 in a 60 zone at 4AM when there's nobody else on the road anyways should somehow be less of a cause for the police to impound your vehicle when they pull you over?

    9. Re:Ouch by goldstone97 · · Score: 3, Informative
      It wasn't 50,000GBP each. It was 50,000GBP between all of them. From the article: "The average compensation payment was £2,200 each, with one person paying £4,500."

      Easy mistake to make - the first paragraph of the article isn't exactly clear that it is not 50,000GBP each.

      "The UK music industry has claimed victory in its first battle with illegal file-sharers after 23 people paid £50,000 to settle out of court."

      Though I'm also not sure how "50,000 totalled $21,453,716" works out either way.

    10. Re:Ouch by a16 · · Score: 5, Informative

      This isn't £50,000 each - it's £50,000 total. To quote TFA:

      The average compensation payment was £2,200 each, with one person paying £4,500.

    11. Re:Ouch by Frogmum · · Score: 1

      hah, it doesn't at all. My English fails after tweaking.

    12. Re:Ouch by Anonymous Coward · · Score: 1, Insightful

      Um. Yeah. At least if the law has any basis in the principle of reckless endangerment. Which, considering that would be its only justification to exist, it had better have.

      Just look at it in reverse: should the person going 140 in a 60 zone during rush hour be penalized more heavily than the person doing 160 when it's deserted?

    13. Re:Ouch by Anonymous Coward · · Score: 2, Insightful

      Perhaps you are unacquainted with copyright law.

      So, if he thinks the punishment is not appropriate, he's 100% wrong no questions asked? Nice to see the Sheeple out in force today. Do you agree with every law because it's a law? Are there no laws you think the punishment for is unjust? Dissent is really tiresome to you, isn't it?

      That fact that you think copyright infringement is such a terrible thing makes me think you've been living in a box your whole life and have never experienced real crime. If there's one thing worse than hearing millionaire celebrities bitch about pennies, it's the asshats who defend them.

      Or do you think that doing 140 in a 60 zone at 4AM when there's nobody else on the road anyways should somehow be less of a cause for the police to impound your vehicle when they pull you over?

      That's an interesting example, because speeding when you're the only person on the road is the safest time to do so, yet is the only time you can usually get punished. If there are many cars, speeding is more dangerous, but cops have a tough time using radar because they can't pinpoint one driver with their gun.

    14. Re:Ouch by m50d · · Score: 1

      You know that actually sounds about reasonable. They say 9000 songs total, so that works out just over £5 a song. 5-6x the cost as a bit of compensation is what I would have argued for. Well done, British legal system.

      --
      I am trolling
    15. Re:Ouch by Anonymous Coward · · Score: 0
      The 23 people who settled for 50,000 totalled $21,453,716. I find that a bit extreme.

      50,000 x 23 = 1,150,000.

      Where did 21,453,716 come from?

    16. Re:Ouch by letxa2000 · · Score: 1
      Ah, well that isn't at all clear in the sentence of the summary that reads: "23 people paid £50,000 to settle out of court". It can be read either way. When I started reading the story I, too, was under the impression it was £50,000 each.

      No, I didn't RTFA.

    17. Re:Ouch by Rei · · Score: 4, Insightful

      Could you please point out, if you would and just for the sake of argument, who the victim is in the case between a person downloading a song illegally and listening to it, vs. not listening to it at all? I.e., the general case of file sharing, as most of the people wouldn't have bought the music if they couldn't dl it...

      --
      Clean coal harnesses the awesome power of the word 'clean'.
    18. Re:Ouch by mark-t · · Score: 2, Interesting
      Ad hominem arguments aside...

      I do agree with copyright law as it currently stands (or rather, as it stood before certain ammendments were put into it in recent years, such as the DMCA and the stupid Sonny Bono Copyright Extension Act).

      And by the way, just because I happen to advocate copyright infringement laws so strongly doesn't mean I'm ignorant to the fact that there are crimes that are orders of magnitude worse. But instead of trying to create a perfect world, let's just deal with the problems we can do something about as we encounter them, okay?

    19. Re:Ouch by mark-t · · Score: 0, Troll
      There isn't one.

      I am a defender of the copyright holder's rights. Nothing more, nothing less. And if copyright infringement is tolerated, it weakens the value of copyright in general, which is a bad thing, IMO.

    20. Re:Ouch by Anonymous Coward · · Score: 0

      God, I can't wait to be robbed so I can sue the theif $150,000 for every item/cent they stole from me.

    21. Re:Ouch by Anonymous Coward · · Score: 0

      He found it firmly lodged in his ass.

    22. Re:Ouch by Anonymous Coward · · Score: 0

      What a self-righteous and moralizing little prick you are.

    23. Re:Ouch by geekee · · Score: 0, Troll

      If I make a song a available for download, I am competing directly with legal sellers. These people must consider my service when setting their prices. My service devalues the song. The victim is the copyright holder because his property is worth less now. Simple economics.

      --
      Vote for Pedro
    24. Re:Ouch by LiquidCoooled · · Score: 1

      English filesharers can't physically do much uploading anyway.

      I have upto 4mbit downstream available to me here, but the absolute highest I can personally get upstream is 384kbit.
      Lots of people who use cable are in an even worse position, with only 128kbit upstream available.

      Theres a big difference between "letting potentially millions of worldwide people SEE the files I have on share, and actually letting them get the songs from me.

      I don't think in the entire time I have been online I have actually ever managed to upload anything substantial to anyone.

      Its so bad, sometimes I feel like a leecher.

      --
      liqbase :: faster than paper
    25. Re:Ouch by Anonymous Coward · · Score: 0

      either way, paying about 3 to 5 thousand pounds for distributing up to 9000 songs is not bad AT ALL. Less than a dollar per offense.

    26. Re:Ouch by Rei · · Score: 1, Flamebait

      That ignored the premise. The premise was the case, under which the vast majority of file sharing falls, that the person who downloads the file would *not* have purchased it otherwise. I asked for who is the victim in such a situation.

      You are postulating a different situation: the far rarer "person would have bought the album, but chose to download it instead" situation. I have trouble believing that the number of those people is significant enough to cause any notable decrease in seller property value. Things like every so often suing someone who file shares seems to be enough to keep this crowd to a minimum.

      --
      Clean coal harnesses the awesome power of the word 'clean'.
    27. Re:Ouch by asynchronous13 · · Score: 1

      to make them compensate the artists and labels they are stealing from

      I'd like to see someone take the amount they owe, divide it among the different artists that they had on their computer, and then mail a check directly to each artist. Do it publicly and see if the record companies are still happy with the settlement.

    28. Re:Ouch by Anonymous Coward · · Score: 0

      Having to pay anything at all for worthless vapor is a crime against everything good and decent in the world!

    29. Re:Ouch by Angostura · · Score: 2, Insightful

      The weasel word in your post there is 'most'. As in "most of the people wouldn't have bought the music".

      I presume by most you didn't mean 51%, let's assume 0.5% shall we? (Too high? well, let's assume that filesharers only compete with online legal downloads (clearly falacious) and that the iTunes store is the only legal download site).

      Apple's daily sales are about 1.39m tracks. Which works out at a daily loss of revenue of around $7,000.

      That alone is probably worth paying a lawyer for, no? Just to make people think twice. And that's assuming zero impact on CD sales.

      Yes these figure are speculative, but then so is your "most".

    30. Re:Ouch by Anonymous Coward · · Score: 0

      Bankruptcy court time

    31. Re:Ouch by Tango42 · · Score: 1

      Major flaw in your stats there... it's a loss of 0.5% of the downloads done ILLEGALLY, not legally. You need the daily download of illegal music, not itunes downloads. Then you multiply that by the cost per track on itunes. I think you'll get a much bigger number (I don't know the figures but i expect more music is dled illegally than is dled off itunes).

    32. Re:Ouch by Stanneh · · Score: 0

      yeah for 50 grand they could go spin i would honest to god stand up in court and say go on do your worst am sorry but they may do it to say 2 peaple then their name would be for shit and wouldnt dare do it again.

      --
      I Predict A Riot
    33. Re:Ouch by Anonymous Coward · · Score: 1, Insightful

      If I record a song in my garage, and make it available for download, I am competing directly with retail outlets. They must consider my service when setting their prices. My service devalues their goods. All copyright holders of music in the same genre are victims, because their property is worth less now. By your logic, recording and publishing my own stuff for free should be illegal.

    34. Re:Ouch by royalblue_tom · · Score: 1

      It's tricky, isn't it? The trouble is that you can't really say that they wouldn't have bought it. They downloaded (and presumably - why otherwise - listened) to it. They benefitted from the artist's work without contributing towards the effort, as per society's bargain with the artist, as specified by law.

      Yes, there are fair use exceptions, but making the work available to the entire (or at least a large number) internet, hardly falls under it. So technically, we all are the victims, as someone is breaking our covenant to encourage works for their own selfish gain (offering free access to copyrighted material, as part of a scheme to access the same).

      Having said all of that, copyright as currently is, is too damn long in duration. Limited times, damn it!

    35. Re:Ouch by Uyukio · · Score: 1

      Umm.. Speaking from personal experience the above reply is correct that most people wouldn't have bought the music if they couldn't DL it. They would borrow the CD from a friend or something and copy it that way, before that it was grabbing it off the radio and putting it on cassette, I still know people that have their old computers from the era when CD burners were relatively new that have a tape drive so that they could transfer their old songs recorded off the radio onto CDs. Keeping in mind that I'm a member of the military...a group whose crime statistics of all kinds are lower than the American populace at large I would like everyone to consider that if I know such numbers of people that do these things that much larger groups feel the same way in the civilian sector.

      --
      Don't take life too seriously, you'll never get out alive
    36. Re:Ouch by NoMercy · · Score: 1

      They probably would be happy with it, probably more so for the courts giving them a even better PR oppertunity, they don't give a damn about that ammount of money themselves, but they do give a damn that people know that they might get caught, and if they do, the'll have to pay up.

      That alone is probably enough to stop some groups from trying it.

    37. Re:Ouch by Rei · · Score: 0, Troll

      Your second paragraph is about legality, which is not of question here. The question is victimization. You hint that there's breaking of the covenant to encourage works, and yet, the premise is again that we're talking about people who never would have bought the works to begin with, so that's hardly discouraging them.

      So, the only real issue standing up is how accurate the concept that the vast majority of infringement wouldn't have been a purchase otherwise. If you've been around enough filesharers, I think you'd agree with that ;)
      It would, however, be nice if we could get reliable numbers on this critical issue.

      --
      Clean coal harnesses the awesome power of the word 'clean'.
    38. Re:Ouch by mo^ · · Score: 1

      Dude doing 140 in a 60 zone in rush hour needs to be given a chauffeur job.

      --
      bah!*@%!
    39. Re:Ouch by |<amikaze · · Score: 1

      That ignored the premise. The premise was the case, under which the vast majority of file sharing falls, that the person who downloads the file would *not* have purchased it otherwise. I asked for who is the victim in such a situation. You have to consider the basis of copyright. In order to create incentive for a person to make an artistic work, they are given the exclusive right to distribute it (or not distribute it) for a length of time, after which the work enters the public domain. If you accept that the creator of a given work should have this exclusive privelege, then they are the victim in the situation you are describing. Whether or not there's any loss of revenue involved is irrelevant; my rights as a creator have been violated. Do I think that the current timespan for this exclusive right are valid? No. I believe that works should enter the public domain sooner. This would put more incentive on content creators to make more works, which would eventually end up in the public domain for everyone's benefit.

    40. Re:Ouch by |<amikaze · · Score: 1

      Crap. Forgot to preview. Sorry about the formatting.

    41. Re:Ouch by NoizeyMike · · Score: 1

      One of the problems of these discussions is that the argument becomes far more convaluted (sp?) when you start talking about independant music.

      There is a lot of music out there that one would never be exposed to if it weren't for file sharing. When I used to buy vinyl singles if I found something that I'd heard from an mp3 I'd be more likely to buy it. It's a strange Catch 22.

      For example, I as a musicican would love for people to hear my music. For what it's worth it would be better for them to listen to it for free than not listen to it at all. That said from what I understand if I were to distribute my music online the legitimacy of copywrite melts (if I'm not mistaken), so eventually releasing the song on vinyl (if it was clear it was liked enough) might become a head ache.

      Further more a lot the independant music is difficult to find in the real world (i.e anything more than specialty vinyl stores). Finally to demonstrate something try punching "Kevin Saunderson" into iTunes. Saunderson even had a few charting singles in the late 80's. He's one of the fathers of Detroit techno (i.e he plays to 50,000 people at festivals in Detroit). He's huge in that scene, so what is the chance of finding a smaller artists like "Japanese Telecom".

      I'm not saying some artists can't be found. I guess my point is simply that when you start talking about independant or small artists the debate changes its nature a little, I guess mainly because even though the Industry would distribute them if they could make a lot of $$$, they're certainly not interested in trying to change the status quo so that side of the discussion of legalities and so on never gets mentioned.

      Long-winded response! Cheers,
      Mike

    42. Re:Ouch by mormop · · Score: 1

      "They're so extreme with the amounts."

      Too true. The fines for causing death by dangerous driving, discharging a firearm in public, burglary, rape, GBH (Grievous Bodily Harm) etc rarely exceed £500-£1000 buit it's so obvious that sharing MP3's causes so much injury and misery in this world that £50,000 is not enough.

      On the other hand, maybe being rich and having lots of politicians as friends just buys you a better quality of justice.

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    43. Re:Ouch by drsquare · · Score: 1

      There is no actual victim, but there doesn't need to be. It's not illegal because someone is being victimised directly, it's because if there was no law against copyright infringement, then everyone would pirate everything, the copyright holders would be broke. It's quite a simple concept: someone produces some content, say a song, they then, either directly or via a record company, sell copies of it. This leads to profit. If there is no copyright law, then there are no copies sold, and no profit, and therefore producing music as a livelihood practically disappears. You may not agree with it because you want things for free and think you deserve it just because, but the law makes sense. You can't really argue against it.

      Of course you get modded up because of the culture of 'I can do anything I want on my computer even if it's illegal but then ripping off music makes me almost like Gandhi' which infests slashdot.

      I'm not criticising people who download music. I've done it, I've downloaded plenty of copyrighted material. But I don't come up with bullshit justifications like 'I'm not actually taking anything so it's ok' or 'the record industry is evil and deserves it', or 'the business model is obsolete so I have the right to break copyright law because I don't like it and it's my right to force an industry to do business as I say so'. I don't come up with crap like that, I just want stuff for free. I want to download it and I don't want to pay for it. End of story. I don't give a shit, I don't think it's right, I don't think I'm morally superior to the evil record companies, I just don't it because I want to. Why can't people be honest for once?

      These fines are of a sensible level. They're high enough to act as a punishment and a deterrent, but not stupidly high like the $150,000 MPAA lawsuits. There is a sensible result here, you can't really argue with it. What other result do you expect? Do you expect the record companies to sit back and let people pirate their music? Or do you want them to sue people for even more money? This seems like a sensible balance.

    44. Re:Ouch by laughingcoyote · · Score: 1

      Perhaps you are unaware that someone going 140 in a 60 zone at 4 AM when very few (there's never "no one" on the roads, and always potentially someone) other cars are on the roads is still endangering those who are. This is real danger-property damage, injury, dismemberment, death.

      When you convince me that sharing files puts real people at real risk of injury or death, I'll support you against it. You may begin your argument now.

      --
      To fight the war on terror, stop being afraid.
    45. Re:Ouch by mark-t · · Score: 1
      So you construct a reworded and inherently weaker version of the scenario I painted (on the premise that the one I provided wasn't "realistic"), and then proceed to argue against it? That's called "strawman" where I come from.

      I was very particular about pointing out that the road was empty in the hypothetical scenario I gave (and since it was my hypothetical in the first place, I'm allowed to do that).

      Now that aside, it's evident from your response that you didn't even understand the reason why I would use that scenario in the first place. I wasn't trying to somehow equate dangerous driving with copyright infringement or assume that they should be thought of at a similar level. Obviously copyright infringement doesn't physically endanger people's lives (normally), whereas of course reckless driving often does. My only reason for using the speeding scenario as an example was that in the scenario that _I_ described, there is no real damage or danger being caused to anyone (because there is nobody else on the road). Similarly, an argument can be made that downloading a movie from home via P2P does not financially damage the copyright holder any more than just not buying the movie in the first place

      The point I was trying to make that you obviously missed. Just because a crime appears to be victimless (which in the speeding scenario is admittedly only because the road is empty, but in the case of copyright infringement it's only because the person wouldn't buy the movie anyways), doesn't mean the penalty should be any less.

    46. Re:Ouch by laughingcoyote · · Score: 1

      If your scenario was genuinely possible (an empty road which no one else could possibly be on), then no, the offender should not be punished, for the very reason that the crime -is- victimless. However, the real scenario, that there is always a real danger to real people, means they should be. And in the real-life scenarios where this DOES occur (for example, a closed-off course or racetrack) the drivers involved are NOT punished like someone driving the same way on an open roadway would be. I'm not arguing against a strawman, I'm arguing against the very scenario you presented.

      Copyright law creates artificial scarcity on a product for which no natural scarcity exists. The victim in that scenario is the consumer, and when the consumer rightfully takes back their right to have all they want of a non-scarce product, that is not "wrong", even if it is illegal. It's like trying to divide up and provide ownership of certain blocks of air-it's goddamn near impossible, and it's also pointless, since there's as much of the stuff as anyone can want.

      I don't care if it DOES financially damage the copyright holder, the law is intended to prop up a now-unworkable business model (success through artificial scarcity of information). I might "damage" Toyota by giving a friend a ride to work every day and keeping him from needing to buy a car, and I might "damage" the RIAA by sharing copies of a CD, but in either case, it's mine, and I'll share it with who I wish. Depriving a corporation of potential profits is not theft, and whatever the law says, not wrong.

      --
      To fight the war on terror, stop being afraid.
    47. Re:Ouch by mark-t · · Score: 1
      Nothing in copyright law creates "artificial scarcity"... for example, Linux is copyrighted and governed by all the statutes of copyright law, but is completely free for anyone to have (but like any copyrighted work, you can't copy it without permission from the copyright holder, which in the case of Linux is so easy to acquire it's assumed to be the case by default unless you do something that would indicate otherwise).

      You seem to be confusing actual copyright law with marketing tactics being employed by particular organizations that are trying to make a profit. The latter has nothing to do with copyright, and more to do supply and demand and the free market. I suggest you learn the difference between the two.

    48. Re:Ouch by laughingcoyote · · Score: 1

      Linux's copyright does indeed create artificial scarcity-there's no "real" scarcity that Microsoft couldn't use GPL code in Windows, the Linux license enforces that they may not. (Unless they GPL Windows, of course.) Of course, the GPL is a means to play the system against itself, keeping those who keep code proprietary from utilizing the advances made by those who do not, just as Microsoft's EULA prohibits opensource developers from utilizing code MS develops. However, the Linux GPL does indeed keep the code artificially off-limits to some uses, just like Microsoft's EULA keeps it off-limits in other ways. There's no real scarcity of the product-it's not a piece of steel or a sheet of glass that, once used up, is gone. An infinite (or effectively infinite) number of copies of code can be made without using up the original. There is no real scarcity.

      As to copyright itself creating artificial scarcity-yes, it does. If I run across some code, it is copyrighted by virtue of the fact that it was written. If I can't locate the author of that code to ask them if it's alright to use it, I really can't-if they find out, they could sue me, even if they put no copyright notice on it whatsoever. Automatic, effectively perpetual copyright takes a non-scarce product (information) and PROVIDES THE ABILITY to make it scarce. That is wrong and needs to be changed. If some form of copyright is to continue, it needs to be severely limited in terms of both time and scope (5 years maximum, prohibits commercial/for-profit use only, no copyright without registration, mandatory yearly renewal). The current system is broken.

      --
      To fight the war on terror, stop being afraid.
    49. Re:Ouch by mark-t · · Score: 1
      I find it interesting that out of all the ways that you think copyright should be reformed, not _ONE_ of them would do anything to actually address the problem that the article was actually talking about, which was piracy.

      Originally, copyright was supposed to be limited in duration. That under current and relative recent reforms to it in the USA, it can be repeatedly extended and perpetuated is, as near as I can see, nothing less than an abomination, IMO.

      I personally disagree with the terms you think would be appropriate for copyright, but then we are allowed to disagree, aren't we?

    50. Re:Ouch by gronofer · · Score: 1
      As far as I know, this is typical for "consumer grade" connections anywhere in the world, with the possible execption of a few places like South Korea.

      384kbit is probably better than average for this type of connection.

    51. Re:Ouch by laughingcoyote · · Score: 1

      Certainly agree on the length issue being an abomination, as well as enforcement against those who do not stand to profit from infringing.

      As to addressing piracy-my proposed reforms would clearly delineate and address the issue. You sell copies, you are infringing and it's piracy. You don't, it is a non-infringing use and not piracy. I think that would clear the issue up quite nicely. I also support far stronger fair-use regulations (sampling of 2 seconds of a song, for example, would be considered fair use no matter done by whom or for what purpose), and it would limit the term of copyright to the point that those who did want to make a derivative work without having to license it could be working on it during those 5 years to release it once they're up, instead of working on a derivative to be released by their great-grandchildren (so long as the "Sonny Bono Copyright Perpetuation Act Part 5" hasn't been enacted by then to extend the term to life of the author plus 5000 years).

      This would have several benefits:

      -Work would be released to the public domain while it is still current and relevant. The copyright holder will have had their go at making some money, and then it goes public domain for public benefit. This will greatly enrich the public domain with reasonably current, relevant work, while still giving the creator a period of exclusivity.

      -Enforcement could be made stricter and harsher if it applied only to commercial pirates in a five-year period, since this would criminalize a very small segment of the population rather then a very large one.

      -Find an orphan work you want to work with, but can't find the author? No problem! Just wait 5 years, and then you can be assured it's out of copyright. Mandatory registration and renewal would also make orphan works far less common.

      -Copyright holders, like the rest of us, will not be able to sit back and rest on a job well done once providing them income forever. If they want to keep eating, they'll have to keep working-just like all of us do. This will result in a greater supply of creative work overall.

      Now, mind telling me again how my reforms "would not address" the issues?

      --
      To fight the war on terror, stop being afraid.
    52. Re:Ouch by mark-t · · Score: 1
      It wouldn't address most piracy issues because the most commonly pirated works are those that are considerably less than 5 years old anyways.

      As I said, I don't agree with your ideas for copyright reform anyways... You think 5 years would be appropriate and I think that's too short by an entire order of magnitude. I don't think copyright lengths _were_ too long before the stupid copyright extension act came into play, but that's my opinion and it's clear you disagree.

    53. Re:Ouch by laughingcoyote · · Score: 1

      Guess we'll just agree to disagree, then. Certainly do appreciate you keeping a reasonable tone, and the opportunity for a lively debate without getting personal, it's all too rare around here.

      --
      To fight the war on terror, stop being afraid.
    54. Re:Ouch by Stone+Pony · · Score: 1

      I know that I'm really late into this, but I'd like to say "thanks" for your refreshing honesty. Christ knows it makes a change from the self-righteous bullshitting that dominates every copyright-related topic.

  3. wi fi by Virtual+Karma · · Score: 5, Interesting

    I had a doubt. If my neighbour uses my wireless network (which I have kept open as a social service) to download copyrighted stuff, can I be sued????

    1. Re:wi fi by Anonymous Coward · · Score: 0, Insightful

      Yes you can be sued as you are RESPONSIBLE and LIABLE to the service agreement and no you should NOT be resharing it. Its like hiring out an already hired appartment, usually you cannot do this. Its like hiring out a car you bought on hire purchase, you DONT own it. Its you name on the dotted line, not the general publics.

    2. Re:wi fi by Capt+James+McCarthy · · Score: 1

      IANAL, but if you actually owned the movie/music, you could walk it over to your neighbor and let him use/view it. IMO, but not necessarily MPAA's, that would fall under 'fair use.'

      However, since you are knowningly making it available for anyone to view within a certain radius , technically that may be beyond the bounds of the use of the copyright. You are allowing unpaid copies to be made and that's a no-no.

      --
      There are no loopholes. It's either legal or it's not.
    3. Re:wi fi by wdd1040 · · Score: 2, Interesting

      If you knowingly keep your network open, you should be held accountable for all traffic on said network.

      At least that's how the court would look at it.

      --
      wdd
    4. Re:wi fi by jim_v2000 · · Score: 1

      I would imagine yes. How could you prove that it wasn't you who downloaded the files? It would be a good idea to block p2p ports on your router.

      --
      Don't take life so seriously. No one makes it out alive.
    5. Re:wi fi by Anonymous Coward · · Score: 0

      If my neighbour uses my wireless network (which I have kept open as a social service) to download copyrighted stuff, can I be sued????

      Yes, you can always be sued. Better questions would be whether you would fight it in court instead of settling and, if you did fight it, what your chances would be of winning.

    6. Re:wi fi by dj_cel · · Score: 1

      Could you claim someone was wardriving and hacked your line? Or maybe play stupid and "I didn't know how to use the inTaRnet."

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    7. Re:wi fi by Anonymous Coward · · Score: 0

      additionally, if you didn't know you woudl still be held accountable because ignorance of the law is not a valid defense.

      At least in the US.

    8. Re:wi fi by JonyEpsilon · · Score: 1

      Or maybe you could look at it the other way. Always keep your network wide open (and your machines locked down!) for the purposes of plausible deniability ?

    9. Re:wi fi by Anonymous Coward · · Score: 1, Insightful

      It would be a good idea to block p2p ports on your router.

      There's no such thing as "p2p ports". P2P apps can use any port, just like anything else can.

    10. Re:wi fi by jim_v2000 · · Score: 1

      I don't know about that. I had to open up some ports on my firewall before I could use a few p2p apps on my machine. Torrents in particular suffer because of blocked ports.

      --
      Don't take life so seriously. No one makes it out alive.
    11. Re:wi fi by wdd1040 · · Score: 1

      And after an **AA person presents to the court a full audit of your network and sees your PCs as locked down but not your network....

      What's your defense then?

      --
      wdd
    12. Re:wi fi by MoonBuggy · · Score: 1

      Yes you can be sued as you are RESPONSIBLE and LIABLE to the service agreement and no you should NOT be resharing it. Its like hiring out an already hired appartment, usually you cannot do this. Its like hiring out a car you bought on hire purchase, you DONT own it. Its you name on the dotted line, not the general publics.

      I'd say it'd be more like letting people stay in a spare bedroom in the apartment you're renting.

      No charge to the person making use of your facilities and you're still using it primarily, but you're also helping out those around you if they happen to need it. The question would be, therefore, can you be held responsible if the person staying in that bedroom stores stolen (I know, I know - sharing!= theft, but it's the closest comparison I've got) goods in it should you be held responsible? I would certainly think not, but there is often an unfortunate amount of truth in the saying "No good deed goes unpunished."

    13. Re:wi fi by Anarke_Incarnate · · Score: 1

      you hire people. You rent cars and apartments. I don't care how the English try and get away with it. It's just wrong. ;)

    14. Re:wi fi by MathFox · · Score: 1
      You can be sued for no reason (see SCO-IBM), but sane people and organisations (and that includes the *AA's) will only start suing when they think they have a case.

      In most European countries downloading music and movies for private use is allowed; offering music and movies for download is seen as publication and illegal. "Sharing" is illegal in the US too, I am not sure about downloading. You will run some risks when your neighbour is running a file sharing program over your WAP.
      If you can proof that your neighbour was sharing files over your link, that might convince an *AA to try next door. If you can not proof it, I am not sure how a judge will decide; your carelessness might be punished.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    15. Re:wi fi by Richard_at_work · · Score: 1

      Yes, because the account thats downloading said illegal music is owned by you, and paid for by you. To all intent and purpose, they can trace the illegal activities back to you, and you will have to prove in the courts that someone used your open wifi to conduct said activities. Its a possible and unproven defence, not a block on someone suing you.

      Why not try the surefire method of avoiding being sued? Pay for legal music or go without. Remember, you arent entitled to it.

    16. Re:wi fi by JonyEpsilon · · Score: 1

      Errrm ... it was like that when I got here ?!

    17. Re:wi fi by slothman32 · · Score: 1

      I am thinking that it is the same as saying, "If I kill someone on somebody else's property then they can be sued or arrested." Though I don't recommend trying it I would guess that only the killer is liable. Common carrier status, or does that only apply to rich people who can lobby laws or afford lawyers?

      --
      Why don't you guys have friends or journals?
    18. Re:wi fi by YrWrstNtmr · · Score: 1

      In the US, probably. The TOS for RoadRunner, for instance, specifically says that any usage of your connection is your responsibility.

    19. Re:wi fi by mark-t · · Score: 4, Insightful
      Downloading in and of itself isn't illegal.

      Making a copy of copyrighted material without permission is what is illegal. Period. Encrypted or not. Protected or not. If it's copyrighted, and you do not have permission to copy it, and you go ahead and copy it, then you've broken the law.

      Notwithstanding, there are allowances to make copies, even without explicit permission, under the jurisdictions of personal and fair use.

      If the circumstances do not fit within those allowances, however, then the person who made the copy has violated copyright law.

      Strictly speaking, this makes anyone who fileshares a work without permission a copyright infringer even before anyone else actually downloads it, since they have made a copy of the work (which exists on their hard disk), but that copy transcends allowable boundaries for personal/fair use, since that copy is being made available for public viewing, use, or copying, and so is in violation of copyright.

    20. Re:wi fi by Anonymous Coward · · Score: 0

      I don't need a special defense against a charge of 'allowing people to use my stuff'. If I want to let my neighbours use my network then there's nothing wrong with that. I can let my neighbours swim in my pool too, and still not be liable if they decide to drown someone. I have to take precautions against people falling in but I'm not liable for criminal acts of others done without my knowledge, even if they did use my property in their misdeeds.

    21. Re:wi fi by Anonymous Coward · · Score: 1, Insightful

      "If my neighbour uses my wireless network (which I have kept open as a social service) to download copyrighted stuff, can I be sued????"

      Obviously you can be sued, you can be sued for anything, as I'm sure we all know. But there's no reason to suppose you'd have any problems defending it in court.

      You wouldn't settle for a stupid 'can't be bothered to let the court decide' amount like the people in this article, so there's no worry about the amounts involved.

      And once people start asking serious questions, the responses range from
      * It was him! (points to person logged using your network)
      * Somebody stole my bandwidth. (you're not liable for crimes done in your car after it was stolen, or indeed, any other property)
      ** Negligence? what negligence? I'm not required by law to secure my internet connection.
      * It wasn't me, even though it was through my computer. Ask all the spamming virus-infected Windows users whether they've been sued for computer crimes
      * I'm a public service. Absolutely not involved. If you want to continue your investigation elsewhere you're welcome to sniff packets outside my house.
      * I haven't made any unauthorised copies of a copyrighted work. Such copies were created at the request of whoever initiated the download and that wasn't me. (Your ISP, their ISP, 3 backbone networks and 3 ISPs at the other end are all using this argument, why should it be any different for a small network to a large one?)

      Unfortunately you're probably in the USA, so you don't enjoy a fair legal system, but I imagine it's just a case of getting the thing before a judge as quickly as possible and saying "I committed no crime, I violated no copyright, I am not responsible for the actions of others"

      Usual disclaimers apply. I don't know any more about US law than your dustbin does; you can tell it's not legal advice by looking at your bank balance before and afterwards.

    22. Re:wi fi by Anonymous Coward · · Score: 0

      Since when is it my obligation to prove I didn't do something?

    23. Re:wi fi by Laur · · Score: 2, Insightful
      sane people and organisations (and that includes the *AA's) will only start suing when they think they have a case.

      Actually, since none of the cases have gotten anywhere near a courtroom the stregth of the *AA's cases has not been determined. In several cases it has been shown that the case is actually pretty laughable (suing Mac-using grandmothers, suing the dead, etc.). Truth is that the *AA's can sue with impunity because of the vast difference in resources between the *AA's and a private individual. In all cases it is cheaper to pay the "protection money" than fight it in court, even if you are in the right. It is unfortunate that this form of extortion is 100% legal

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    24. Re:wi fi by Richard_at_work · · Score: 1

      Common carrier only applies to those industries that have specifically been GRANTED such status - it doesnt apply automatically and it certainly wouldnt apply in this case.

      You can be held liable and responsable for actions undertaken by others on your property or using your equipment - why do you think businesses in the UK have to limit your access to the net? Its because they can be held liable if you download child porn, or if you download something that offends someone else in your office. I dont see why this wouldnt apply to a 'public' wifi node.

    25. Re:wi fi by Catbeller · · Score: 4, Insightful

      "And after an **AA person presents to the court a full audit of your network and sees your PCs as locked down but not your network...."

      Read that again. The **AA is auditing my network. An industry group. Auditing. My. Network.

      Not their province. I damn the laws that let INDUSTRY GROUPS conduct audits of MY PROPERTY. I gave them no such permission.

      Get off of my property, varmint. Southwestern Bell doesn't get to monitor my phone conversations for defamation, and they bloody own the network. I will not stand for an industry rooting through my logs for possible cash making possiblities.

    26. Re:wi fi by Anonymous Coward · · Score: 0

      Of course! Now with an expensive enough lawyer and enough high-talking, you might be able to get yourself out of it, but why even take the chance? Just so your neighbors can be leaches and the criminals get untraceable internet access?

      It's been pointed out MANY times, right here, how incredibly stupid it is to host open wi-fi.

      People have been cuaght wardriving in order to UL/DL child porn on unsecured wi-fi networks. Do you feel like dealing with that too?

      Don't be a big hearted but brain dead sucker, lock down that wi-fi before you get into real trouble!

    27. Re:wi fi by AK+Marc · · Score: 1

      Strictly speaking, this makes anyone who fileshares a work without permission a copyright infringer even before anyone else actually downloads it, since they have made a copy of the work (which exists on their hard disk), but that copy transcends allowable boundaries for personal/fair use, since that copy is being made available for public viewing, use, or copying, and so is in violation of copyright.

      I don't see how. Fair Use lets me make a copy on my hard drive. Windows, by default, shares out the HD with an administrative share. So, anyone can connect to my HD and pull off a work I've copied there. Is that illegal?

      What is "distribution?" Is putting a book on a shelf in a library "distribution" of a copyrighted work? Does it matter if that shelf is next to the copier? Is putting a work on a computer with an administrative share "distribution?" Does it matter if the administrative share is locked down with a secure password, or the default blank password? Does it matter if a P2P application is running? Does it matter if the P2P application advertises the presence of that work?

      How is simply being "available" for viewing distribution? If I were to have some bookshelves in front of my house with books on them anyone could read, would that be making a copyrighted work available for public viewing? What if I also place a copier next to the book shelf? How is this sufficiently different from a library?

    28. Re:wi fi by Anonymous Coward · · Score: 1, Informative

      Your agreement with your ISP makes you liable to the ISP, not the MPAA. The MPAA is suing because you (illegally) copied their copyrighted materials. It has nothing to do with your relationship with your ISP. If your neighbor leeched your connection to do the copying, then just as your ISP isn't liable neither are you (except, of course, if you are working with your neighbor!). Nevertheless, there's nothing to stop anyone from suing anyone, so once the MPAA latches on to you, you have to choose to fight (at great expense) or capitulate (even if you did nothing wrong). Depending on your circumstances, it could amount to extortion by legal process.

    29. Re:wi fi by EllisDees · · Score: 1

      So verizon/time-warner/adelphia/speakeasy should be held accountable for all traffic of their networks too? How would I be liable if they aren't?

      --
      -- Give me ambiguity or give me something else!
    30. Re:wi fi by YrWrstNtmr · · Score: 1

      Yes, innocent until proven guilty. But, they have evidence (IP address, times, dates, traffic) that it was you. Show otherwise.

    31. Re:wi fi by Anonymous Coward · · Score: 0

      At least that's how the court would look at it.

      Are you sure about that?

      Panera Bread has open wifi at all their locations. If I sit in the back and send death threats to someone, is PAnera Bread liable?

      How about my ISP? Are they liable for my own copyright infringement?

      You can't say a court would look this way or that way, because such a case has never gone to court. There is simply no precedent.

    32. Re:wi fi by Anonymous Coward · · Score: 0

      What the hell? I hope you are talking about the UK. That is certainly not the case in the US. If you let other people send traffic over a network you control, you are just in the same position as the ISP's. If you are informed of specific infringement, and have the power to easily stop it and do not, then you might be culpable. But you don't have to be big brother on your network just because it might have illegal uses. That would be the equivalent of being responsible when a fugitive hides in your shrubbery. I can see it now:

      Them: "But sir, you say that you were aware that you had shrubbery, and that it was big enough to hide an adult male, is that correct?"

      Me: "Um. Yes?"

      Them: "And yet you did not police it regularly for escaped convicts? You do understand that you are responsible for everything that happens on your property, don't you?"

      Me: "Fuck."

      Them: "You are under arrest for harboring a fugitive. You have the right to remain silent..."

    33. Re:wi fi by metlin · · Score: 1

      Yes.

      If you are the one signed up with your name on the agreement/lease/whatever, the onus is upon you to prevent misuse of the service you've agreed to.

    34. Re:wi fi by mark-t · · Score: 1
      It's not distribution that's illegal.

      It's the making of the copy.

      However, because of allowances for the making of copies for certain purposes, it isn't until the purpose of the copy is known (and it's not necessarily the primary one) that copyright infringement can be determined to have actually occurred. So if you make a copy of a work for purposes A, B, C, and D, and only purpose C happens to fall outside of the bounds of personal/fair use guidelines, even if that's not the primary purpose, you committed copyright infringement the instant you used the copy for purpose C.

      It's not copyright infringement to share your hard drive because you yourself may be the author of materials on there. And you should, by virtue of being the copyright holder of those works, have the freedom to choose who may freely copy them (even if that includes everyone).

      It is infringement if such shared materials includes works that you did not get explicit permission to copy for non-personal/fair use, as sharing your hard drive's contents does not fall within those boundaries.

      As for your hypothetical shelf of books in a public place with a photocopier next to it, there's no problem there either... since again, you are not MAKING any copies that are exceed the bounds of personal/fair use. Anyone who uses the photocopier to exceed those bounds, however, will have violated copyright (but usages of the photocopier will not necessarily exceed those bounds either).

    35. Re:wi fi by Anonymous Coward · · Score: 0

      Can you please point me to the court ruling that states this explicitly?

      No one - I repeat NO ONE is able to 100% gaurantee their wifi never gets hacked.

      If someone broke into your house and raped your wife, are you liable? No! If someone breaks into your wifi and uses it for illegal purposes, are you liable? Why is it any different?

    36. Re:wi fi by Fareq · · Score: 1

      although...

      If you have a spare room in a condo, and I want it...

      You are "renting" me the room which I am "renting" from you.

      So... does "renting" mean the act of offering up the room or the act of paying for the room?

    37. Re:wi fi by Anonymous Coward · · Score: 0

      You are entitled to listen to music that is part of your culture. You are not entitled to republish it, but you are entitled to listen to it.

    38. Re:wi fi by JonToycrafter · · Score: 2, Insightful

      Yes, but instead of opening the blocked ports, you could have configured Bittorrent to run on ANY OTHER port(s). The parent poster's point was that you COULD block the ports that Bittorrent normally runs on, but you could configure Bittorrent to run on other ports. There's no single port you can block to make a P2P program unusable.

    39. Re:wi fi by cpt+kangarooski · · Score: 1

      In the US, ISPs may be protected from liability due to their users' actions by 17 USC 512 and 47 USC 230. Of course, these don't apply to everything, so it depends on the actions involved.

      --
      -- 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:wi fi by Anonym1ty · · Score: 1
      It's more like water

      If I have a garden hose on the side of my house, and someone comes along and opens the valve I still have to pay for the water.

      If someone comes along and floods the street and backs up the storm sewer, I am not responsible for that.

      If someone said they would like to flood the street with my water and I knew about it and allowed it to happen, I may very well be responsible for the damages

    41. Re:wi fi by cpt+kangarooski · · Score: 3, Informative

      "Sharing" is illegal in the US too, I am not sure about downloading.

      Downloading copyrighted works without authorization or an applicable exception is illegal in the US per 17 USC 501 and 106(1).

      --
      -- 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:wi fi by AK+Marc · · Score: 1

      It's not distribution that's illegal.
      It's the making of the copy.


      Back to a hypothetical, then. Say I'm off-line. I rip a DVD for later viewing. I place it in my p2p directory. Is that an illegal copy? It was made for personal Fair Use. It is not being shared. I just put it in my directory that contains other similar works for my personal ease of use (and assume that all my p2p usage to this point is explicitly legal). I see nothing in that which is a violation of copyright. There is no sharing going on, and no possibility of a copy being made other than the one explicitly legal under Fair Use.

      Now, what if I forget to erase that legal copy before I plug back in? The copy can't become retroactively illegal. The sole intention was always for personal use. It would have to be the sharing/distribution that would be the illegal act.

    43. Re:wi fi by Anonymous Coward · · Score: 0

      the TOS for most ISPs would probably say that sharing the connection isn't allowed.

    44. Re:wi fi by phoenix321 · · Score: 1

      Woohoo, it's you again, worst nightmare. And me. Anyway: what have the TOS of RoadRunner, for instance, to do with the suing of copyright infringers? TOS are an agreement between the ISP and Joe Subscriber. Whatever clause they contain, it doesn't matter at all when Joe Subscriber is getting sued by MPPA et al., just because a TOS does not form a part of civil law.

      If two people would sign a rather silly contract, making one of them responsible for the crimes of the other one, don't you think it would rather be the perpetrator of a crime to appear before a judge, not his contract partner? ;) If not, I'm sure the Mobsters would have found a way to do that by now, eh?

    45. Re:wi fi by metlin · · Score: 1

      Nice strawman argument.

      If someone hacks into your wifi, you're not liable (but you'd have to prove it). But you are expected to take care of it to ensure that it is secure and such misuse does not happen.

      Look up on google, am certain there are several precedents to this.

    46. Re:wi fi by MoonBuggy · · Score: 1

      I actually agree, despite the fact that your analogy looks completely different to mine. You still need to pay the water bill (or pay for the bandwidth). You are still responsible if someone tells you in advance that they will use your hose/connection for illegal activity. You are not, however, responsible if it is available as a service to the neighbours (a sign above the hose saying free water/an open AP) and they choose to abuse that.

    47. Re:wi fi by oliverthered · · Score: 1

      more importantly,
      you are not allowed to distribute a product without the copyright holders permission. Even if it is a fully paid up product.

      e.g. Tesco (kinda wanabe wallmart) imported some Levis jeans direct from the producer and was forced to stop selling them.

      --
      thank God the internet isn't a human right.
    48. Re:wi fi by Anonym1ty · · Score: 1
      ---I don't even need a sign.

      Having a garden hose on the side of my home is not an invitation to others to use my hose. Nor is having an open wifi connection an invitation for others to use it.

      If however other are using it and I do nothing to stop them, then it could be considered an invitation based on my prior indifference or approval.

    49. Re:wi fi by mark-t · · Score: 1
      In your hypothetical...

      The copy doesn't become retroactively illegal, it becomes illegal from the point in time when it is used for nonpersonal/non-fair use purposes. If you forget to erase the legal copy before you plug back in, you may find yourself hard pressed to prove that. The strongest case against you would be that if you had not actually intended for others to access the content, then why was it ever in a folder that is normally shared when you go online in the first place. Realistically, if there was no intent to ever share, even if the ripping program placed it in your P2P directory, you should have taken the precaution to move it into a more private directory right away.

      Be that as it may, if you really did forget, then technically you didn't really break the law... but you may still face charges anyways unless you can somehow prove your position.

      Just for the record, I'm not entirely comfortable with how hazy things get in that sort of scenario.... but ultimately, the law is there for a reason, and I agree that the reason is a good one, so I would have to fall to the stance of wanting prosecution to proceed, and I would most strongly encourage people to be aware of their actions and taking the necessary measures to not be caught offguard like your hypothetical scenario might suggest.

      The law may not be perfect, but then neither are we.

    50. Re:wi fi by Anonymous Coward · · Score: 0

      Then you should probably keep your wifi closed :)

    51. Re:wi fi by Anonymous Coward · · Score: 0

      yep... you think wardriving is a joke? with enough wardrivers it is conceivable to host dyndns servers in such a way that no-one can close the tap..

      scary eh?

    52. Re:wi fi by cpt+kangarooski · · Score: 1

      Just to cover things from the US side, over here, reproducing works is illegal (and tends to occur in the course of downloading), and distribution is also illegal (and tends to occur in the course of uploading or sharing). Some other things are also illegal. And there are various exceptions and so forth.

      It's important to note that the act ultimately carried out by a human being is what's illegal; the actual copies involved are not, though they may have been made unlawfully.

      Perhaps things are different in your neck of the woods?

      --
      -- 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.
    53. Re:wi fi by Anonymous Coward · · Score: 0

      That isn't evidence that it was you. That's evidence that it was your connection. If there is nothing to tie you, personally, to the actual traffic, and you deny that it was your traffic, then that is a pretty weak case.

      For example, if I keep a car in my garage and someone gets run over with it, that's a pretty strong link, even if I suggest that maybe someone snuck in and borrowed it. But a WLAN is like having a car that anyone on my block can borrow without my knowledge. That situation is not, in and of itself, illegal in any way. And in that case, it's not a strong link at all.

    54. Re:wi fi by SiliconEntity · · Score: 1

      Truth is that the *AA's can sue with impunity because of the vast difference in resources between the *AA's and a private individual. In all cases it is cheaper to pay the "protection money" than fight it in court, even if you are in the right. It is unfortunate that this form of extortion is 100% legal

      You're exaggerating how much power these companies have. If it were that easy, any big company could just go through the phone book and start suing people on any pretext they wanted. Since it would be cheaper for the end users to pay the protection money than fight, the big companies could make money at will.

      But that doesn't happen, does it? The RIAA isn't just suing random people. They're suing file sharers, and those of us who have a firm grasp on reality know that almost everyone they sue is guilty of breaking the law. We all know it's illegal, but we continue to do it because the chance of getting caught is so low.

      Don't try to con yourself into believing that this is a case of big evil companies using their power to railroad innocents. It's obvious to anyone who uses these networks that that's not what is happening here. You're just fooling yourself if you try to pretend that's what is going on.

    55. Re:wi fi by trewornan · · Score: 1

      Since the dawn of modern British law, which says civil cases are to be decided "on the balance of probability".

    56. Re:wi fi by mark-t · · Score: 1
      So if you start singing to your favorite band on the radio in the shower you are violating copyright? In the US?

      No.

      Allowances for copies of a copyrighted work made within the boundaries of personal use have always been permitted by copyright (notwithstanding certain recent changes to copyright which have made it more difficult for people to retain these rights, changes of which I most heartily disapprove).

    57. Re:wi fi by trewornan · · Score: 1

      Can you imagine the average slashdot reader using that defence. So, Mr Slashdotter, you say you didn't understand that you needed to secure your WiFi network. Can you then explain how you managed to network four computers all using different operating system via Samba and NFS. Configure your own OpenBSD firewall. Make a home built bar code reader and get a job as an IT sysadmin in a major company . . . etc, etc.

    58. Re:wi fi by cpt+kangarooski · · Score: 1

      If you're just singing along in that situation, it's not making a copy to begin with. Nor is it a public performance, unless you're pretty open about who you shower with. So there's no occassion to worry about fair use yet anyway.

      --
      -- 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.
    59. Re:wi fi by dj_cel · · Score: 1

      I most definitely see your point, I was simply being facetious. The only recourse for the parent is really to have a signed agreement with the neighbor or anyone else that happens to use his wifi - I know this isn't so black and white. IANAL, but I think that would suffice, so long as he isn't violating his tos agreement with the service provider.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    60. Re:wi fi by Anonymous Coward · · Score: 0

      Read that again. The **AA is auditing my network. An industry group. Auditing. My. Network.

      Say, hypothetically speaking, that they never used that information against you (and they haven't yet). In that case, it becomes a "victimless crime", and therefore ok, no?

      Get off of my property, varmint.

      Didn't you hear? Property is theft.

    61. Re:wi fi by ripnet · · Score: 1

      Dunno, wanna try your luck?

    62. Re:wi fi by Laur · · Score: 1
      Downloading copyrighted works without authorization or an applicable exception is illegal in the US per 17 USC 501 and 106(1).

      Care to show where? For your convenience, here's links to 106 and 501.

      You do realize that from a technical perspective the downloader is not copying or distributing anything, they are only receiving the file which was copied and distributed by the uploader. I'm not saying that it is definitely legal (IANAL), however from a casual reading of the referenced pages I don't see how it is illegal.

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    63. Re:wi fi by cpt+kangarooski · · Score: 1

      Downloading necessarily involves reproduction, which is one of the exclusive rights of the copyright holder, at 106(1).

      When you download, you direct your computer to write information into one memory or another (e.g. RAM, HD, etc.). Due to the definition of a copy in section 101, these are material objects, and the downloading process results in fixing a work into them. Thus, they become new copies. And fixing works into tangible media so that they become new copies is reproduction and it's prohibited.

      You're probably getting confused by the vernacular definition of a copy, e.g. that a file on a computer is a copy. Really it's the RAM, or the hard drive, etc. that is the copy; the file is just an instance of the intangible creative work.

      I'm not really sure where you're getting the uploader part, though. It seems pretty obvious that the downloader is responsible for his own downloads. No one is forcing his computer to do it, after all. There've been some cases along these lines. You may want to read this case, which briefly runs through the analysis with regards to the downloading of web pages as a part of the process of viewing them. The court concludes that it can be an infringement on the part of the viewer. It also cites to other on-point cases if you want to follow up.

      --
      -- 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.
    64. Re:wi fi by Laur · · Score: 1
      You're exaggerating how much power these companies have

      Not really. An entity with its own lawyers on staff and billions in the bank vs an ordinary person with maybe a few thousand saved up? Many of the accused have had to take out loans to pay the multithousand dollar fines.

      If it were that easy, any big company could just go through the phone book and start suing people on any pretext they wanted. Since it would be cheaper for the end users to pay the protection money than fight, the big companies could make money at will.

      Well of course it's not that easy and I never said it was. While perhaps possible, most companies would experience severe customer backlash if they tried something like this, however the RIAA is largely insulated from this because they are middlemen. Actually it's worse then that, they are just an industry group of the middlemen, and so are removed from the actual customers even further. As far as customer perception is concerned, customers do not buy from the RIAA or even the labels. Fans buy songs from Nickelback and Godsmack (or even Britney Spears). How many people could even tell you what label their favorite band belongs to? If the labels (or their industry group) does something evil, will people boycott their favorite artists who probably had nothing to do with it? In addition, the labels have been seen as evil and exploitive for years, the internet and P2P did not start this. For this reason they aren't really damaging their reputation much by their antics.

      They're suing file sharers, and those of us who have a firm grasp on reality know that almost everyone they sue is guilty of breaking the law.

      Good strawman. Several points:
      1. I never said that everyone being sued was innocent. My point was that, innocent or guilty, the accused cannot afford to have their day in court. In addition, due to the differences in resources between the two parties many feel that justice would not be served in any case.
      2. At least in America we have the polite legal fiction of "innocent until proven guilty." Since none of these cases has gone anywhere near a courtroom it is properly correct to assume that the accused are innocent.
      3. You yourself just said that "almost" everyone is guilty, meaning that there are at least a few who are not. I even gave a few examples where it has been proven that the RIAA accused innocent people! Is it right to trample the rights of the innocent, regardless of how many others are guilty? For that matter, is it right to trample on the rights of the guilty?
      4. The cases are about more than just the simple concepts of guilt and innocence. For example, one may be guilty of sharing files, but are each of these files correctly priced by the RIAA at tens or hundreds of thousands of dollars per infringement? In an jury trial the accused could be found guilty of the charges, yet only be found liable for a few thousand. These and other issues could be addressed if a case actually went to trial, however this will not happen.

      Don't try to con yourself into believing that this is a case of big evil companies using their power to railroad innocents. It's obvious to anyone who uses these networks that that's not what is happening here. You're just fooling yourself if you try to pretend that's what is going on.

      Another strawman since I never claimed that all accused are innocent. My point is all of the accused, innocent and guilty deserve their day in court. However, you are correct that I consider the form of legalized extortion that the RIAA is using to be "evil."

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    65. Re:wi fi by Macadamizer · · Score: 1

      But that's a grey market trademark issue, not a copyright issue.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    66. Re:wi fi by Anarke_Incarnate · · Score: 1

      yes.

    67. Re:wi fi by Laur · · Score: 1
      Downloading necessarily involves reproduction, which is one of the exclusive rights of the copyright holder, at 106(1). When you download, you direct your computer to write information into one memory or another (e.g. RAM, HD, etc.). Due to the definition of a copy in section 101, these are material objects, and the downloading process results in fixing a work into them. Thus, they become new copies. And fixing works into tangible media so that they become new copies is reproduction and it's prohibited.

      Ah yes, you are correct in this. I was only considering the final fixed copy, not all the intermediate steps. One of the hazards of using computers is that a computer must make a copy of a file in order to access it. For this reason I believe that there are specific exceptions in the law to allow for computers to make copies if it is necessary to run the program, 117 I believe. Two questions that occur to me here are, 1) are digital files considered to be "computer programs," and 2) do these exceptions apply if the source of the file was not authorized to distribute in the first place? Judging by the cases you cited, the answers appear to be "no" and "no," although a court may have to decide on a case by case basis (which AFAIK is the same thing that needs to be done to determine if Fair Use applies in a given situation, the law only gives guidelines).

      I'm not really sure where you're getting the uploader part, though.

      My point was that from the perspective of who makes the copy when a file is downloaded, the uploader must make the copy and then he distributes it down the wire. The downloader does not copy the file, he just receives the copy down the wire from the uploader. However, I acknowledge that you are correct that the downloader must make several transitory copies during the process of downloading, and he is also the one who fixes the copy to a tangible media. This could very well be determined by a court to be infringing, and probably is. I was wrong and I cede the point to you. Thanks for replying and making your case further.

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    68. Re:wi fi by cpt+kangarooski · · Score: 1

      For this reason I believe that there are specific exceptions in the law to allow for computers to make copies if it is necessary to run the program, 117 I believe. Two questions that occur to me here are, 1) are digital files considered to be "computer programs," and 2) do these exceptions apply if the source of the file was not authorized to distribute in the first place?

      Well, in 101 we have the relevant definition of what a computer program is: A "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

      While this could be broad enough to extend to data, I don't think that it's likely to in practice. It depends on the nature of the file; there have been complex Excel worksheets that were considered programs, but a mere mp3 is probably not going to be. It's a fuzzy line, though.

      That'll prevent the 117 analysis from even starting.

      However, assuming that we can even get to 117, recall that it only applies in pertinent part to the owner of a copy. If the copy was not lawfully made due to someone in the chain of distribution and reproduction between the copyright holder and the person claiming the applicability of 117 having infringed, then I suspect that courts would consider a defendant to have obtained possession of his copy wrongfully, and thus wouldn't be the owner. This could be argued, but courts aren't usually fond of people perceived to be wrongdoers, so I think it's what would happen.

      My point was that from the perspective of who makes the copy when a file is downloaded, the uploader must make the copy and then he distributes it down the wire. The downloader does not copy the file, he just receives the copy down the wire from the uploader. However, I acknowledge that you are correct that the downloader must make several transitory copies during the process of downloading, and he is also the one who fixes the copy to a tangible media.

      As I recall from the Marobie-FL case, creating copies on a server would fall to the uploader, distribution would fall to the uploader, but copies made in the server's RAM, if automatically done in response to the download request, would fall to the downloader, and of course copies with regards to the downloader's RAM, hard drive, etc. would fall to the downloader.

      This is really a lot easier when we're talking about printing paperbacks and moving them around.

      --
      -- 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.
    69. Re:wi fi by dave420 · · Score: 1

      Yes, just as if you left your gun on your porch, if someone shot someone with it, you'd be in trouble. I'm not defending them, but if they can sue someone for copyright infringement, then they have the right to go after those who straight-up enabled it.

    70. Re:wi fi by dave420 · · Score: 1
      If you have illegally distributed their copyrighted material you HAVE given then permission to root around in your computer/network. It's like saying "I never gave the police permission to come into my house and arrest me! All I did was shoot an old lady in the face with a shotgun at the post-office!"

      As they say, if you can't do the time, don't do the crime. They're not trying to make money but protect their copyrighted materials. The reason we hear so much about their lawsuits is they are a deterrant. They publicise each one so we all sit there and think what it would be like to have to pay them for sharing. If they did it secretly, the effect would be minimal. I'm not defending them, but if the law allows them to protect their copyrights, then you have to expect this sort of behaviour. Effectively, change the law, don't just moan about them walking over people.

    71. Re:wi fi by dave420 · · Score: 1

      and I know it's not a crime, before anyone pipes up. That's a saying used to describe non-criminal acts and their punishments, too.

    72. Re:wi fi by Farmer+Tim · · Score: 1

      "The **AA is auditing my network....[snip]...I gave them no such permission."

      Technically speaking, you did to a degree when (if) you started offering files on a publicly accessable file sharing system. The difference between this (broadcasting) and a telephone conversation (exclusive communication between two individuals) should be fairly obvious, so the comparison with Bell really doesn't apply.

      "I damn the laws that let INDUSTRY GROUPS conduct audits of MY PROPERTY."

      There is no such law, at least for music. If certain people are daft enough to make lists of the files they've made available for illegal download* publicly viewable, however, that's their own damn silly fault.

      "I will not stand for an industry rooting through my logs for possible cash making possiblities."

      In order to do this legally (that is, presentable as evidence in court), they would have to convince a judge they have reasonable cause to sieze the equipment for analysis, so they would already have collected a substantial amount of information by other means (such as searching the file sharing networks and logging IPs, which I believe is the method they are currently using). Otherwise, unauthorized network intrusion is just as illegal for the **AAs as it is for everyone else, and I very much doubt they would be willing to incur multi-million dollar fines (and jail possibly sentences) in order to collect multi-thousand dollar damages; it just doesn't make sense in a risk/benefit analysis.

      * This is simply a reflection of the laws that apply now, not an indicator of my opinion.

      --
      Blank until /. makes another boneheaded UI decision.
    73. Re:wi fi by oliverthered · · Score: 1

      So potentially if I'm providing an offsite backup service without any trademarks then the distribution part is OK, it's just the copyright part I have to worry about.

      --
      thank God the internet isn't a human right.
    74. Re:wi fi by laughingcoyote · · Score: 1

      You're a troll, but one with a common theme, so here's a response to this tired garbage.

      Say, hypothetically speaking, that they never used that information against you (and they haven't yet). In that case, it becomes a "victimless crime", and therefore ok, no?

      Violating someone's privacy is not a victimless crime. This is true whether a corporation is monitoring you without authorization or you are peeping through your cute neighbor's bedroom window while they're undressing. However, the **AA's have CHOSEN to make their information public.

      If I hack into X Record Label's system and grab Y Unreleased Material, I have intruded upon their private systems. On the other hand, if I share information they have voluntarily chosen to release publicly, I am doing nothing wrong. (I didn't say "nothing illegal", I said "nothing wrong"). If your cute neighbor chooses to get undressed on her front lawn, you are not violating her privacy by watching.

      Anything which can be made into digital data will be copied and shared once publicly available. If you release digital data, or anything that can be made into it, without being aware of this reality, and demand that reality be bent to suit your business model, you are foolish and deserve whatever losses you may suffer. To extend the analogy further, you are getting undressed on your front lawn, and demanding that the police come and arrest anyone who looks.

      Didn't you hear? Property is theft.

      Property, in itself, is not theft. However, expecting to be able to control how often something you say in public (or sing, or exhibit, or show in a public theater, or etc.) is repeated, is theft of free speech rights and intrusion upon private property. Keeping me from hacking into your system (and legally prohibiting it) is exerting control over YOUR OWN property (your computer). This is perfectly legitimate. Prohibiting me from sharing certain files with other people is exerting control over MY property, and the property of the person I'm attempting to share with. That is theft.

      --
      To fight the war on terror, stop being afraid.
    75. Re:wi fi by YrWrstNtmr · · Score: 1
      You're correct. The TOS between you and your ISP has little if anything to do with civil law. But that's where they will start. The MPAA will ask/subpoena the ISP for whose connection is was. That points to you. You might be able to make a case that an unsecured wireless connection might have been used by anyone.

      But, I don't have the personal resources to go up against the MPAA and its army of bloodsuckers, just to prove a point. And to defend someone I don't know who is (possibly) performing the heinous crime of copyright infringement. Do you?

    76. Re:wi fi by phoenix321 · · Score: 1

      I don't either, but that's not my point. The thing is, the process of filing accusations and lawsuits and their subsequent resolution are at the heart of a free society. If anything or anybody in a free society is able to drive obscure lawsuits, undermine due process and force more or less innocent people to expend large amounts of money or surrender, that society isn't free (as in speech) anymore.

      Leaving an WLAN-AP wide open is it's default config, not negligence. Either we have a rule of conduct for networking environments (like traffic rules!) or we don't. If we don't, we can't sue individuals for not securing their networks. We would place an unfair and enormously expensive burden on them. "In dubio pro reo" must apply in this case, but this has been perverted by the RIAA to "in dubio pay money".

      In a free society, all a judge could do was a) forcing you to close that open relay and b) educate yourself on network security, so this incident doesn't happen again. Because no one can ever prove it was you who shared these incredibly valuable songs from Britney Spears. :) There is no "you should have known" or "you had to assume the worst" or whatever. The critical point isn't even that Joe Sixpack doesn't know jack about computers, spyware, trojans and open relays, but rather freedom of speech. If I as an healthy individual decide to share my expensive DSL connection with my friends in the backyard or with any stranger that happens to sit on a park bench behind the house, I'm not responsible for their actions. In fact, I'm punishable to harsh sentences if I even *tried* to monitor their internet usage. Privacy laws apply to even one's own access point.

      Take a cellphone and this example: a friend of you, Mr. X is a criminal. Narcotics trafficking. You *don't* know this and assume you never talked about jobs, only about biking, girls, cars and snowboards. His cellphone battery went flat someday at your place and you gave him your phone. He arranges a drug lord meeting with said phone. Your phone, your connection.

      Can the police now bust your house?

    77. Re:wi fi by YrWrstNtmr · · Score: 1
      He arranges a drug lord meeting with said phone. Your phone, your connection.
      Can the police now bust your house?

      No, because no actual crime was committed in the setting up of the meeting. But if said criminal friend used your house for an actual crime, i.e. a drug sale, then yes, you can get busted. You still might get off (you were not actually there, and have an ironclad alibi) , but you're on far shakier ground.

      In either case, you're on their radar, and may have to prove your case in court.

      So far, we've been talking about the very minor deal of downloading MP3's. What other illicit uses could someone put your freely shared wireless connection to? Do you want to be on THAT radar?

  4. The industry needs to changes its marketing strat by dmf415 · · Score: 5, Informative

    When will the record companies learn, if they price there product in an affordable price range, people will buy.

    Apple has sold approximately 85 million songs in the first two months of 2005, surpassing Piper Jaffray's initial estimates for the entire March quarter. Based on Apple's earlier announcement of 300 million total tracks sold, Senior Research Analyst Gene Munster says that iTunes sales could account for $83.2 million in revenue in the March quarter--or about $35 million more than the firm has been estimating. The firm also believes average daily sales rate has been 1.35 million per day since late January, which very similar to the 1.43 million daily run rate (i.e., sales of songs) in the weeks following the holidays. "We had been anticipating a more significant drop off in iTunes sales from the levels seen in the weeks following the holidays."

    In addition to driving iPod sales, the firm says that Apple's iTunes Music Store will also contribute significantly to the company earnings: while it estimtates that the current operating margin on iTunes is in the low single digits, Piper Jaffray says it believes iTunes profitability will begin to increase throughout 2005, with operating margins reaching 5% to 10% in 2006.

    http://www.macnn.com/articles/05/03/02/itunes.gr ow ing.fast/

  5. Hmm... by Living+WTF · · Score: 5, Funny

    How many of these 23 people were under 10 or over 80 years old? And did at least half of them own a computer?

    --
    I don't suffer from insanity, I enjoy every minute of it.
    1. Re:Hmm... by Anonymous Coward · · Score: 0

      if you RTFA you would see exactly 0.

      Fucktard.

      they were between 22 and 58

      Many were prominent in their profession.

      Some were public officals.

    2. Re:Hmm... by JudgeFurious · · Score: 1

      More important than that were any of them dead?

      Just curious. And no, I haven't RTFA. I'm just not interested in the story enough to bother and besides, I already know everything I need to know about the music/labels/P2P wars already. I read the comments on Slashdot!

      --
      Appended to the end of comments you post. 120 chars.
    3. Re:Hmm... by Anonymous Coward · · Score: 0

      perfect.
      they have swing with elected officials.

      things can start to change.

      ie telling the record labels to FUCK OFF you milked the country/world dry already.

      they dont comprehend that people have a fixed budget, they will not purchase more entertainment, whether they enjoy more is not the issue, the payment was never going to be made above that fixed budget.

      so RIAA/MPAA, fuck off

    4. Re:Hmm... by kirun · · Score: 2, Funny

      Uhm... the elected official in question was a local councillor, i.e. pretty much the bottom rung of the political ladder. They aren't going to change copyright law. Their main function is retiring, and deciding that since they used to work for the Council, the pavement is their personal property, and shouting at children playing outdoors to go play somewhere else.

      --
      I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
  6. Before the whining starts by jim_v2000 · · Score: 2, Insightful

    The music companies are totally right in doing this. It IS their property, and people don't have the right to use it for free. Go use Napster or iTunes if you don't want to buy cds.

    --
    Don't take life so seriously. No one makes it out alive.
    1. Re:Before the whining starts by smooth+wombat · · Score: 0, Troll

      I wish I had mod points. That is exactly correct and spot on.

      However, you and I both realize that there will be those who will say it isn't stealing, it's copyright infringement which isn't the same as theft and so your comments will be marked down as Troll or Flamebait.

      *sigh* Since when did taking someone elses work without their permission and not paying them for it become acceptable?

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    2. Re:Before the whining starts by dj_tsd · · Score: 5, Insightful

      The problem is that it IS NOT their property. The RIAA is NOT a rightsholder. Therefore, by US law, their lawsuits are frivolous. They are suing on the behalf of others, who are mistaken if they expect money from the RIAA. The RIAA should go back to worrying about who gets gold records.

    3. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Or you could always just get CDs from your local library and rip them. That's what I do, and if the cd is good, I'll buy it, if it's crap I just delete it.

      This only works well if you have a decent library with current (or good) music, but at least you won't get sued and don't have to worry about downloading ten different versions of the same song just to find one that's "real."

    4. Re:Before the whining starts by wdd1040 · · Score: 2, Insightful

      So, if you write a book and I "steal" a copy of it and redistribute it.... Let's say you would have made $50,000 off of it. I distribute it to 4 people, who distribute it for 4 more people. All 17 of us get sued and told to pay $10,000 in damages. They are totally right in doing it, but they should at least have more acceptible fines than these insane ones.

      --
      wdd
    5. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Since when did taking someone elses work without their permission and not paying them for it become acceptable?

      I think it was when the first person hired someone else to do some work for him. Then tried to rook him for cost of distributing it, saying "oh, it cost too much for us to pay for packaging it, so you have to take the cost too"

      Did I get it right? Rhetorical? whats that?

    6. Re:Before the whining starts by jim_v2000 · · Score: 1

      That doesn't change the fact that people who are downloading and distibuting are still stealing/violating copyright or whatever you want to say. I think they should be sued, and if the RIAA or whoever wants to take on the cause for the artists, then so be it. And seeing as how their lawsuits are producing results, they must not be as "frivolous" as you say.

      --
      Don't take life so seriously. No one makes it out alive.
    7. Re:Before the whining starts by dmf415 · · Score: 1

      What happened to, I bought it, I own it, i can do whatever I want with it?

    8. Re:Before the whining starts by Anonymous Coward · · Score: 0

      > Since when did taking someone elses work without
      > their permission and not paying them for it become
      > acceptable?

      What makes you think artists have the right to tell me how to transfer data across my network, on my computer, to listen to with my ears on my time?

    9. Re:Before the whining starts by jim_v2000 · · Score: 1

      You can do whatever you want with teh cd, you just can't make copies and give them away, or sell them.

      --
      Don't take life so seriously. No one makes it out alive.
    10. Re:Before the whining starts by Anonymous Coward · · Score: 0

      hey great, i hope they keep sueing.
      as their record sales drop more and more, keep up the lawsuits.

      then they can all go out of business.

      that will be a wonderful day.

      they can sue, their customers can choose to no longer do business with them.

    11. Re:Before the whining starts by dmf415 · · Score: 1

      Which means, you can't do whatever u want with it =)

    12. Re:Before the whining starts by Anonymous Coward · · Score: 0

      When have you EVER been able to make 10,000 copies of any CD and give them away? That's right, never. Not then, not now, not ever!

    13. Re:Before the whining starts by joranbelar · · Score: 2, Funny
      Go to Napster if you [want to legally purchase music].

      Oh, how times have changed... :)

    14. Re:Before the whining starts by Anonymous Coward · · Score: 0

      So next you'll be saying that the EFF has no right to go after GPL (C) violations then since the EFF themselves do not own any of the (C) that they are protecting...

    15. Re:Before the whining starts by Anonymous Coward · · Score: 0
      The right to copy. If you make a copy without having that right, then you are STEALING that right from someone else. So it's STEALING! "


      They still have the right to the copyright, nothing was forged or stolen, merely copied. SO it is NOT stolen PERIOD it is A VIOLATION by ILLEGAL COPYING because the data is still in the posession from the copyright holder, not forced from another's posession.
      Your argument holds no legal grounds, and TYPING IN ANNOYING ALL CAPS WILL NOY MAKE YOUR POINT MORE VAILID.

    16. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Four words:

      Canadian copyright tax, bitch.

    17. Re:Before the whining starts by Anonymous Coward · · Score: 0

      I can't use napster or itunes as I do not use a system by a manufacturer that is a member of the music industries' cabal. So in order to listen to music, that I may already own on cd, but due to it being "copy protected" I can't rip, on my computer, I not only have to pay for the music again, but I also have to a) purchase a microsoft operating system, or b) purchase an apple operating system + hardware. and in addition, subscribe to a service costing me even more money?

      How is digital music property? If take measurements of your house, and build a duplicate, am I taking your property away from you? no. copying digital music is no different. your property, and their property would not have been taken in either instance.

    18. Re:Before the whining starts by Kaa · · Score: 4, Interesting

      The music companies are totally right in doing this.

      They do have LEGAL RIGHTS to do this, yes.

      Whether they are MORALLY RIGHT is up to your particular morality, and there's a wide variety out there :-)

      Yet another question is whether this is a RIGHT THING TO DO from a business viewpoint. Or from a public-good viewpoint. Again, answers vary.

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    19. Re:Before the whining starts by m50d · · Score: 1

      They don't, which is why they don't do that. It's also why the FSF requires contributors to assign copyright. If they didn't, they couldn't go after violators.

      --
      I am trolling
    20. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Obviously my dear man, you are a moron.

    21. Re:Before the whining starts by Auckerman · · Score: 1

      Fundamentally, I agree. To a point.

      1. Copyright isn't property
      2. RIAA or any other similiar entity doesn't have any copyrights to the music they are sueing on the behalf of

      That being said, if you are "sharing" you files and the person who holds the copyright to that media doesn't like it, don't be surprised when you end up in court. They have the right to distribute it, not you.

      --

      Burn Hollywood Burn
    22. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Yes, and those damn Injuns are tresspassers, too! Just because they deny that land can be owned is no excuse! Sue them!

      Seriously, isn't it obvious that at this level, "property" is a cultural convention? And apparently we have more than one culture operating in the world right now. Who's to say which one is right? Note that I said "right", not "legal". Where legal doesn't coincide with right it is irrelevant to me.

    23. Re:Before the whining starts by Anonymous Coward · · Score: 0

      You sir* are an ass, people who swap files buy more music and go to more gigs.
      People who go to the trouble of swapping music, are into it.
      *or madam

    24. Re:Before the whining starts by EllisDees · · Score: 0, Flamebait

      >*sigh* Since when did taking someone elses work without their permission and not paying them for it become acceptable?

      When the ability for anyone to do so in the comfort of their own home with zero chance of getting caught became public knowledge.

      Besides, nothing is taken if nothing is gone.

      --
      -- Give me ambiguity or give me something else!
    25. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Since when did taking someone elses work without their permission and not paying them for it become acceptable?

      Since when did Slashdot become a sesspool of people jerking off to their own sense of moral superiority?

    26. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Have you ever heard a joke, and retold it without the expressed permission of the original teller? If so, you're guilty of the exact same thing you're sighing about. But since the RIAA/MPAA has money to advertise their POV, you'll happily open your ass wide for them.

    27. Re:Before the whining starts by McNihil · · Score: 0

      Yeah sure. BUT tell me where I can find a new copy of "Bent Massive" by "Click Click". Or better yet any release of "Siglo XX", "Poesie Noire", "The Neon Judgement"? Redshift? Arc? Ian Boddy? The entire set of Dark side of the Moog by Schulze and friends? I can continue for ever. I am soooo sad every time i go into HMV and the only thing I see is mostly crap. Interestingly enough they do sell Rammstein (but this is new music and will probably soon be "discontinued.") As always my post will be moded 0... but who the eff cares anymore.

    28. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Please for the love of God, commit suicide now. I'll help.

    29. Re:Before the whining starts by Anonymous Coward · · Score: 0
      It's not their "property". Copyright is a temporary monopoly granted by government to further the creation of art.

      Although, it's now reached the point where it lasts for so long, that it's actually meaning that it stifles derivative works. Works by people like Elvis and The Beatles should be public domain now. The stuff is so much in the lexicon of the culture and the people who created it are mostly dead.

      Copyright should last for something like 20-25 years not 75+. That's more than enough time for someone to enjoy as a period of profit.

    30. Re:Before the whining starts by Macadamizer · · Score: 1

      "They still have the right to the copyright, nothing was forged or stolen, merely copied. SO it is NOT stolen PERIOD it is A VIOLATION by ILLEGAL COPYING because the data is still in the posession from the copyright holder, not forced from another's posession.
      Your argument holds no legal grounds, and TYPING IN ANNOYING ALL CAPS WILL NOY MAKE YOUR POINT MORE VAILID."

      Fine. Copyright violations are not theft. Feel better? There still are copyright laws on the books, however -- so even though you may not be criminally liable for theft, you can still be held civilly liable for copyright infringement. In fact, the civil penalties might be much worse than if you had simply stolen a song.

      But I guess that's better, because at least it is not theft...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    31. Re:Before the whining starts by Macadamizer · · Score: 1

      "How is digital music property? If take measurements of your house, and build a duplicate, am I taking your property away from you?"

      No, you haven't taken any property -- but you may very well have infringed a copyright I (or my acrhitect) might hold on the architectural design of the house...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    32. Re:Before the whining starts by fishmasta · · Score: 1

      You're right. The RIAA is not a rightsholder. However, the poster only noted that music companies have the rights, meaning the publishers and record companies, who DO own the rights to the song and sound copyrights, respectively. As the rights holders, they do have the right to expect people to pay for the right to use their product.

    33. Re:Before the whining starts by Anonymous Coward · · Score: 0

      These people did not steal anyone's property. Last time I checked making a bit for bit copy of a file was possible without destroying the original. Theft implies deprivation of use of the property. These people were never going to buy it in the first place.

      There was a time when public access to cultural artificats was encouraged. Now its rampant consumerisim backed by outmoded law forced through by special interest groups.

      What are you defending exactly? The rights of the record companies to make insane amounts of money for propagating, distributing and promoting? Their function is redundant. The artist then? Since when should an artist no matter how good get millions for producing their art? I don't see teachers or nurses get millions when they do an outstanding or outstandingly popular job.

      These are ordinary people who want to listen to music - sometimes just a couple of times - and therefore copy their music. It's not worth $15-30 to do that. The law in this case is an ass and is not doing anything to benefit society.

      Get a freakin' clue.

    34. Re:Before the whining starts by zotz · · Score: 1

      "*sigh* Since when did taking someone elses work without their permission and not paying them for it become acceptable?"

      **sigh**sigh** In case you are not aware, it has always been legal and only became illegal in the last several hundred years.

      Why do you feel it is important to defend rapists like this? Admit it, the music industry rapes the fans and they rape the artists. So the rape victim steals a little something back from the rapist. You object?

      I know this is over the top, but you went there first. It is easy to play the twisted terms game.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    35. Re:Before the whining starts by zotz · · Score: 1

      "Yeah. I reason it like this. What is a copyright? Well, break the words apart. Copy Right. The right to copy. If you make a copy without having that right, then you are STEALING that right from someone else. So it's STEALING!"

      No, if i were to STEAL that right from them, I would have to gin up some false papers showing they had transferred their rights to me. Or perhaps I could do like they do and trick them into signing a lopsided deal with me that gives me the rights to what is theirs? Would you prefer I did it that way?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    36. Re:Before the whining starts by zotz · · Score: 1

      "Fine. Copyright violations are not theft. Feel better? There still are copyright laws on the books, however -- so even though you may not be criminally liable for theft, you can still be held civilly liable for copyright infringement. In fact, the civil penalties might be much worse than if you had simply stolen a song."

      Actually, I believe there may be criminal penalties for copyright violations in some places.

      Can anyone in the know tell us the maximum and average penalties for shoplifting a cd, rape, and copyright violation in your area? Might as well add price fixing while you are at it. Oh no wait, that should be covered under the request for the rape info if we are to use terminology they way people seem to like to do.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    37. Re:Before the whining starts by zotz · · Score: 1

      "No, you haven't taken any property -- but you may very well have infringed a copyright I (or my acrhitect) might hold on the architectural design of the house..."

      Now this is interesting. According to your thinking, it would be illegal to photograph or for an artist to paint a picture of a house I designed and built and still own. Are you sure of the law in this area? Anyone?

      I can go on with more examples/questions. If any lawyers would care to answer for your respective areas, I am sure we caould all learn a lot.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    38. Re:Before the whining starts by Macadamizer · · Score: 1

      "According to your thinking, it would be illegal to photograph or for an artist to paint a picture of a house I designed and built and still own."

      Well, it's not MY thinking -- architectural works are covered under copyright law in the U.S., which means that the copyright owner can control reproduction, derivative works, etc.

      However, there are some limitations specific to architectural works, and the example you gave above is one of them:

      120. Scope of exclusive rights in architectural works66
      (a) Pictorial Representations Permitted. -- The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

      (b) Alterations to and Destruction of Buildings. -- Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.

      So, what you suggested, taking photos or making a painting, would not be copyright infringement because of this section (assuming the structure is visible from a public vantage point) -- but may example could perhaps violate the reproduction right, which is still in force for architectural works.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    39. Re:Before the whining starts by zotz · · Score: 1

      "Well, it's not MY thinking -- architectural works are covered under copyright law in the U.S., which means that the copyright owner can control reproduction, derivative works, etc."

      As a matter of fact, can he not prevent you from building two buildings from the same set of plans even though you paid him to make those plans for you?

      And why would it not be a work for hire?

      But how do the "intellectual property" proponents justify such exemptions?

      What is a public place? Is it the same as public property? So, no pictures inside of the buildings?

      Other things I may hold copyright on. (They are at least my intellectual creations and according to the "intellectual property" proponents should be mine to control.)

      My hairdo including the shape and colourings.

      My poodle's cut.

      The tree in my yard.

      The other tree in my yard which I have trimmed in the shape of a rocket ship I designed.

      The paint scheme on my house.

      By the way, you did not list a (c) the right to change the colour scheme of the building from that planned by the architect.

      Any other places have similar laws and exceptions?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    40. Re:Before the whining starts by Macadamizer · · Score: 1

      "As a matter of fact, can he not prevent you from building two buildings from the same set of plans even though you paid him to make those plans for you?"

      If the architect developed truely custom (i.e., copyrightable) plans, and you only paid for one license, then yeah, I guess he could.

      "And why would it not be a work for hire?"

      Work for hire is actually a very narrow exception -- it doesn't cover hiring a professional, or hiring a contractor -- it only covers employees (employees as defined by state law -- usually means you withhold taxes and provide them with a W2). Now, that doesn't mean that you can't, as part of your contract with an architect, have him or her transfer the copyrights to you, but it does mean that it doesn't automatically happen under a work-for-hire situation.

      "What is a public place? Is it the same as public property? So, no pictures inside of the buildings?"

      A "public place" is anyplace where the public generally has access to, but it can also be broader than that. Basically, if you MUST trespass onto private property in order to get the photo, then it is not a "public vantage point." Pretty much everything else would be.

      Now, as far as inside the building, the owner can generally restrict photography, but that is not a copyright issue, that's a property rights issue.

      "My hairdo including the shape and colourings."

      That might be copyrightable, if it is "creative" enough -- but it can be hard to separate the "creative" aspects (which may be copyrightable) from the "utility" aspects (which are not).

      "My poodle's cut."

      Ditto.

      "The tree in my yard."

      No creativity there, so no copyright.

      "The other tree in my yard which I have trimmed in the shape of a rocket ship I designed."

      Maybe copyrightable.

      "The paint scheme on my house."

      Unless it is an artwork, the paint on a house would be unlikely to be creative enough to qualify for copyright protection.

      "Any other places have similar laws and exceptions?"

      That I do not know.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    41. Re:Before the whining starts by Macadamizer · · Score: 1

      "Actually, I believe there may be criminal penalties for copyright violations in some places."

      There are in the U.S., but it is unlikely that a file sharer would ever come under the criminal copyright statutes, so file sharers generally have to worry about civil liability.

      "Can anyone in the know tell us the maximum and average penalties for shoplifting a cd, rape, and copyright violation in your area? Might as well add price fixing while you are at it. Oh no wait, that should be covered under the request for the rape info if we are to use terminology they way people seem to like to do."

      I can't tell if you are being sarcastic or serious here, but either way, it's irrelevant.

      If people want to say that file sharing isn't theft, like shoplifting a CD clearly is, then why should they expect that file sharing should have the same penalties as shoplifting a CD?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    42. Re:Before the whining starts by Macadamizer · · Score: 1

      "The rights of the record companies to make insane amounts of money for propagating, distributing and promoting? "

      Sure, why not? If they choose to sign an artist, go through the trouble of recordning an album, then figuring out how to market and distribute the work, hey, it's their dime, they are taking the risk nobody will buy it -- why shouldn't they be allowed to make money? And who are you to tell them how much they can make? If you don't want them making money, don't buy their products.

      "Since when should an artist no matter how good get millions for producing their art?"

      Why should a basketball player who's not that good get millions? Why should an NFL punter, who doesn't work THAT hard, make more than a manual laborer, who DOES work hard? People make what other people think they are worth. If someone thinks they can make $5 million from a singer, then it is worth it to pay $1 million. It's just economics -- people get paid as much as the person paying them thinks they are worth.

      "I don't see teachers or nurses get millions when they do an outstanding or outstandingly popular job."

      See above. People don't get paid, in general, based on how hard they work -- they get paid based on how much the person paying them makes from their labors.

      And in the U.S. at least, teachers and nurses are all union workers, so how much they get paid has little relevance to how outstanding they do at their job anyway...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    43. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Bleh, the jackasses who preach their morality on here are the probably the ones with the largest illegal MP3 collections on the net. Much like how Catholic priests preach against homosexuality, only to molest the choir boys.

    44. Re:Before the whining starts by trewornan · · Score: 1
      Yes I do feel better. Theft and piracy are loaded words which these industries use to cloud the issues with negative connotations.

      the civil penalties might be much worse than if you had simply stolen a song

      If we make the effort to draw the distinction between criminality and non-criminal copyright infringement people may actually start to question this - which is why the music industry pound out their bullshit about evil pirates contributing to organised crime. They're frightened that otherwise the general public might start to realise that who they really want to go after are 12 year old kids and grandmothers.

      All this is incidental though - what really scares these shits is losing control of the means of distribution - that's why they want to clamp down so hard on file sharing.

    45. Re:Before the whining starts by zotz · · Score: 1

      '"My poodle's cut."

      Ditto.'

      First, thanks for the answers. So, how do they protect the image of celebrity animals? Trademark?

      "If the architect developed truely custom (i.e., copyrightable) plans, and you only paid for one license, then yeah, I guess he could."

      Do the standard architect's contracts mention a license to build at all?

      Do you know if a very short poem, standing on its own, get's copyright protection these days? IIRC, this was an issue at one time.

      Now, it is given that to obtain copyright protection, a work must be "fixed." Is this not prejudicial towards those cultures of an oral tradition? (I ask this to readers in general, but answer if you like.) Again, for those of the "intellectual property" persuasion, what is the moral justification for this distinction?

      Here is another, can you take a picture of a car with a highly custom paint job?

      You answers, "Maybe copyrightable", etc. are interesting in light that copyright obtains automatically when a work is fixed does it not?

      Just further as to "public places"... So, private property can be considered a public place? A mall parking lot? Inside of a mall? Inside of a sports stadium, dome, arena?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    46. Re:Before the whining starts by zotz · · Score: 1

      "I can't tell if you are being sarcastic or serious here, but either way, it's irrelevant."

      I am being serious. I am interested in what the relative penalties are in different places? Are the ratios similar around the world? Do some places consider some of the crimes relatively more serious than other places?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    47. Re:Before the whining starts by eyebee · · Score: 1

      Some years ago I had some midi files (remember those)that were put together by a guy in Houston TX. They were popular tunes. I don't know if he was allowed to do it as they were popular tunes, but he offereed them for download. I enjoyed listening to them. a few years later, I remembered his name, and did a google search and found he had release two jazz CDs. They were on offer as real CDs or as mp3 downloads. I chose the download, one because they were cheaper, sure, but more importantly they were available instantly. How many time have you been to a music store in the mall onyl to be told it's not in stock, and will have to be ordered? I thin of something I want to listen to, and I want to listen to it now. Oh, well it's not on offer on any legal online catalog, but hey! it's on a P2P network. The legal online services still only have a subset of what's available, whereas there is more on offer on a P2P. It's not always a question of whether one has to pay or not, but instant availability

      --
      Onwards & Upwards!
    48. Re:Before the whining starts by DeepRedux · · Score: 1
      Even though it is reported as the RIAA suing someone, it you look at the actual court papers you will see a list of labels listed as the plaintiffs. For example, see this filing, listing Atlantic Recording, Arista, BMG, and more, as plaintiffs.

      The RIAA seems to organize the cases, but the actual cases are technically brought by the labels.

    49. Re:Before the whining starts by Anonymous Coward · · Score: 0

      Who gives a fuck?

  7. Kids these days by Kimos · · Score: 5, Funny

    Some parents have been genuinely shocked to discover what their children have been up to

    If that's all your kids have been up to on the internet when you're not watching, you're in OK shape...

    1. Re:Kids these days by The+Amazing+Fish+Boy · · Score: 5, Funny

      If that's all your kids have been up to on the internet when you're not watching, you're in OK shape...

      I know! I just found out my boy was posting on some nerd forum where they have some fetish for penguins, grits, apples, and "OSS". (I assume this "OSS" is a spelling of "ass" where the "a" is stretched disproportionately. I've seen some disturbing pictures on that site he visits!)

      You try and try and try to raise them right, but....

    2. Re:Kids these days by justforaday · · Score: 1

      ...where the "a" is stretched disproportionately. I've seen some disturbing pictures on that site he visits!

      I think we all know what picture you're talking about there...

      --
      I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    3. Re:Kids these days by Arctic+Dragon · · Score: 1

      ""OSS". (I assume this "OSS" is a spelling of "ass" where the "a" is stretched disproportionately"

      That belongs on this list. :-)

    4. Re:Kids these days by Anonymous Coward · · Score: 0
    5. Re:Kids these days by justforaday · · Score: 1

      Don't click that link!!! There's a picture of a really hairy pussy on the other end...

      --
      I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    6. Re:Kids these days by Anonymous Coward · · Score: 0

      This is a very good point and if you take away the access to music from you kids they will find a way round it, they will stop trusting you and will make it harder to for you to find out what they are up to.

    7. Re:Kids these days by rbarreira · · Score: 1

      Well, a shaved one would be much more shocking in this case...

      --

      The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
  8. whoa... by Cryptnotic · · Score: 3, Funny

    I need more sleep. I just read that as 'British Pornographic Industry'.

    --
    My other first post is car post.
    1. Re:whoa... by Anonymous Coward · · Score: 0

      Yes you get a severe gang banging if you fileshare porn illegally.

    2. Re:whoa... by Anonymous Coward · · Score: 0

      ditto

    3. Re:whoa... by Anonymous Coward · · Score: 0

      >I just read that as 'British Pornographic Industry'.

      I did also. And I am fully awake.

    4. Re:whoa... by oblivionboy · · Score: 1

      What? You need more sheep??

    5. Re:whoa... by Matt+The+Sheep · · Score: 1

      So did I. Not only that, the rest of the article still made perfect sense.

    6. Re:whoa... by dRn-1 · · Score: 1

      Damn I just read every post up to the one i'm replying to only to find out... I read it the same way!

    7. Re:whoa... by clambake · · Score: 1

      I just read that as 'British Pornographic Industry'.

      It's an easy mistake to make, what with all the anal rape of artists' bank accounts and rights...

  9. music prices sure have gone up... by moofdaddy · · Score: 3, Funny

    50,000 pounds for music? Things have sure gone up when I was a kid. Bubble gum used to cost a quarter too!

    --
    Be better in bed. Wikiafterdark!
    1. Re:music prices sure have gone up... by Paul8069 · · Score: 1

      And I'm sure you had to walk to school up hill both ways. Welcome to the new world. :)

      --
      Paul
    2. Re:music prices sure have gone up... by spektr · · Score: 1

      50,000 pounds for music?

      I think that's a pretty reasonable penalty, considering what those delinquents did. If you RTFA, you would know that they downloaded several string quartets - in one case even a whole symphonic ensemble - and forced them to perform in living rooms, basements and grubby bedrooms for days and days. The poor musicians got grave blisters on their fingers and will suffer for the rest of their lives from the severe psychological distress that is caused by sharing people over TCP/IP network links with with high packet loss.

  10. follow the money by MrLint · · Score: 5, Insightful

    "...make them compensate the artists and labels they are stealing from."

    Don't most artists make only a pittance on their album sales anyway, even after they have paid back the label for their 'generous' promotional contract?

    Call me cynical, but claiming that the settlement money is going to go to artists seems disingenuous. Of course claiming 'lost' profits by the labels on file sharing is moreso.

    1. Re:follow the money by _Potter_PLNU_ · · Score: 1

      That is probably true, but it also follows that the artists make _even less_ money by stealing the music.

      Think about it. If a record company owns the rights to music are they going to say A)"Oh, here is your fair share of the money, and we'll just wait to compensate our losses when people stop stealing the music online." or B)"Here is part of the money we were going to give you because we had to pay off all our own expenses first."

      My bet is on "B."

      --
      "Hard work never killed anyone." -- Some Dead Guy
    2. Re:follow the money by Rei · · Score: 1

      but it follows that the artists make _even less_ money by stealing the music.

      I wouldn't be sure of that. If, for example, they make most of their money from concerts due to the pittiance royalty on CD sales, any significant increase in the size of their fanbase would probably be worth it.

      --
      Clean coal harnesses the awesome power of the word 'clean'.
    3. Re:follow the money by killmenow · · Score: 1

      ...but claiming that the settlement money is going to go to artists seems disingenuous.

      You're missing the key point of the statement. restate it so you can get what they're really trying to say: "...make them compensate the [snip] labels they are stealing from."

      There. That's better.

    4. Re:follow the money by StrongBow67 · · Score: 1

      Don't most artists make only a pittance on their album sales anyway, even after they have paid back the label for their 'generous' promotional contract?

      I don't know, but I'll sleep easier tonight knowing that artists like p-diddy, christinia agulueera, and usher won't be cheated from what's rightfully their's.

    5. Re:follow the money by MrLint · · Score: 1

      I'll sleep easier tonight knowing that artists like p-diddy, christinia agulueera, and usher won't be cheated from what's rightfully their's.

      you mean a warm spot in musical hell?

  11. Overheard in a squalid housing estate... by Rude+Turnip · · Score: 5, Funny

    Quick Vyvyan! Eat the hard drive!

    1. Re:Overheard in a squalid housing estate... by Halthar · · Score: 1

      To bad you are already at max mod, and I don't have any mod points anyway. I just watched that episode of "The Young Ones" last night.

    2. Re:Overheard in a squalid housing estate... by dr_dank · · Score: 1

      Better than attempting suicide with laxative pills...

      --
      Where does the school board find them and why do they keep sending them to ME?
  12. Re:The industry needs to changes its marketing str by jim_v2000 · · Score: 1, Insightful

    When will the record companies learn, if they price there product in an affordable price range, people will buy.

    While I agree music is overpriced and the musicians undercompensated, it's still not a reason to download the songs illegally. It's like walking into a Wal-Mart, stuffing something in your coat, walking out, and justifying it by saying that they charge too much anyway. Stealing is stealing.

    --
    Don't take life so seriously. No one makes it out alive.
  13. Re:The industry needs to changes its marketing str by moofdaddy · · Score: 1

    I hate these arguments so much. Who cares what they price the music at? It is not your music, you did not make it, you did not go into contract with them and give them rights to it, you did not spend millions of dollars advertising it.

    You do not have the right to just distribute or download it without paying, end of story. There is no "well if they only made it cheaper" because that is not your right to say. If you don't want to pay the price they are asking then you make the decision to not get that muisc.

    --
    Be better in bed. Wikiafterdark!
  14. you know... by opposume · · Score: 5, Insightful

    why don't they just sue for the ammount of $ they have stolen (i.e. the average cost of a CD) instead of charging these OUTRAGEOUS fees? Any body?

    --
    I haven't lost my mind. It's backed up on disk somewhere.
    1. Re:you know... by moofdaddy · · Score: 2, Interesting

      why don't they just sue for the ammount of $ they have stolen (i.e. the average cost of a CD) instead of charging these OUTRAGEOUS fees? Any body?

      Because they are going after people for distributing. If you share a song to 100 people then you are liable for that song getting out there and all the damage to the company it causes.

      --
      Be better in bed. Wikiafterdark!
    2. Re:you know... by CPUgrind · · Score: 1

      Because they were redistributing it. Besides which, if you steal from WalMart you will be paying back much more than the price of the item stolen if your caught!

    3. Re:you know... by Macadamizer · · Score: 1

      "why don't they just sue for the ammount of $ they have stolen (i.e. the average cost of a CD) instead of charging these OUTRAGEOUS fees? Any body?"

      Two reasons -- one is to punish (and therefore deter such behavior in the future), the second is to recoup legal fees and other expenses.

      If you get caught shoplifting, do you just have to pay for the item you took? No, you have to pay a fine as well (that's the punishment part). I don't know about the UK, but in many U.S. states, a retailer who catches a shoplifter is also allowed to recoup part of their security costs from the shoplifter as well.

      If all you were charged is the price of the CD, then maybe you would try and "get away with it," because at worst, all you'll have to do is buy the CD's at the end anyway. If you make the fines hurt, than people might think it's not worth it to download illegally.

      And spare me the "copyright infringement is not theft" -- I was using shoplifting as an example, not that I am saying that copyright infringement is theft...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    4. Re:you know... by Larmal · · Score: 2, Funny

      because their OUTRAGEOUS fines are totally in line with their OUTRAGEOUS pricing structure, and they're trying to maintain consistency.

    5. Re:you know... by Anonymous Coward · · Score: 0

      because then it woudln't be a punishment. if i only have to pay for the things i get caught stealing in a store or anywhere else, it's to my benefit to try to steal all the time.

    6. Re:you know... by Anonymous Coward · · Score: 0

      You mean the amount of theft that they have facilitated.

      They probably go off light! Posting an album on a P2P network may mean that you distribute it 1000 times in a month. That would be $15,000 for ONE album!

      I hope that you don't think that the guy that is selling all those stolen car stereos is somehow not just as guilty as the guy that stole them in the first place... Do you?!?!?!?

    7. Re:you know... by Reziac · · Score: 1

      I'd say copyright infringement is more akin to writing a bad check. And the usual penalty for bad checks is that you have to pay your bank an overdraft fee ($5 to $20 depending on the bank), plus you have to pay the "infringed" party three times the value of the original check. This is fair and reasonable -- the culprit gets dinged proprotionally to the actual offense, and the victim gets a certain compensation for their time and trouble, as well as recovering the original money owed.

      But copyright infringement penalties demand is that you pay not only for the original loss and the PITA for recovering that loss, but ALSO that you pay for every POTENTIAL loss.

      This is the same as if the victim of a bad check gets to recover not only the value of the original check, but ALSO the *potential* value AND the *potential* INCREASE in value of anything the victim *might* have purchased with the money that the culprit deprived them of the use of.

      IOW, it penalizes based on the SPECULATIVE value of the money represented by the infringed item, rather than based on the ACTUAL value.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  15. Surefire way to eliminate all piracy! by PopeAlien · · Score: 2, Funny

    Its so simple!

    of course wave upon wave of lawsuits will probably help to slow down sharing as well.

    1. Re:Surefire way to eliminate all piracy! by MalaclypseTheYounger · · Score: 3, Interesting

      An even better way: (read my sig)

      http://www.mediachest.com

      Share your collection face-to-face, or through the mail. Meet new people.

      --
      Check out the best P2P sharing website: MEDIACHEST.COM
  16. Is this supposed to be bad? by subreality · · Score: 4, Insightful

    So, way back in the day, everyone was outraged that the music industry was trying to fight piracy by litigating away P2P technology, instead of going after the people who were actually breaking the law.

    Now they're going after the people who actually break the law, instead of trying to end P2P.

    I think that the idea of fair use ought to be extended, but am I supposed to be outraged that this is happening? They're actually going after people who are breaking the law, instead of trying to end technologies with legitimate uses.

    Isn't this exactly what we asked for?

    1. Re:Is this supposed to be bad? by shawn(at)fsu · · Score: 1

      It is exactly what people here wanetd way back when, but people often ask for something they really don't want. Like you, I think that the idea of fair use ought to be extended. Thats what people should have been demanding since the begining.

      I really don't care though. I don't use p2p servies. I use iTunes.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    2. Re:Is this supposed to be bad? by BackInIraq · · Score: 1

      Isn't this exactly what we asked for?

      Well kinda. I would more see the saving of P2P technology as the winning one battle in the overall war. I, however, am NOT one of those people who just feels music should be free. The "war" in my opinion is to force the recording industry to recognize that technology has changed and start adjusting their business practices and technology to reflect that. Paying 14-18 bucks for a plastic disc with an hour of prerecorded music on it just doesn't seem so reasonable anymore...at least to me.

      And for that matter, neither does getting all the compressed digital music you want for free, and NEITHER does charging individuals tens of thousands of dollars for losses that are, at best, theoretical.

      By that I mean that most of the music I have downloaded I have either a)bought eventually anyway or b)gotten sick of and deleted. I don't believe I am alone on this. Most people I know tend to download music they either would never pay money for anyway, or could not afford anyway. Thus the _actual_ loss is much smaller than they claim. But that is a whole different argument.

    3. Re:Is this supposed to be bad? by GammaTau · · Score: 1

      I think that the idea of fair use ought to be extended, but am I supposed to be outraged that this is happening? They're actually going after people who are breaking the law, instead of trying to end technologies with legitimate uses.

      I guess there are lots of people who just want to have music for free (as in beer). If you look at their lines of argumentation, they are not consistent and change from one side to another depending on what happens to apply to some narrow situation discussed at the time.

    4. Re:Is this supposed to be bad? by Kaa · · Score: 1

      Isn't this exactly what we asked for?

      Who's that "we"?

      I have no idea what YOU asked for -- if you asked for these lawsuits, well, , you got what you asked for.

      For my part, I was asking for RIAA and MPAA to be busted up as corrupt criminal organizations and prosecuted under RICO. I'm still waiting... :-)

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    5. Re:Is this supposed to be bad? by m50d · · Score: 1

      Yeah, except the fines seem a bit excessive. Something like 5x the cost of a cd version would seem reasonable.

      --
      I am trolling
    6. Re:Is this supposed to be bad? by tsstahl · · Score: 1

      Isn't this exactly what we asked for?

      In spirit, sure. But the way they go about suing their customers is reprehensible.

      Step 1. Identify an IP address and force the ISP to hand over records stating who was _believed_ to have that IP address during the time in question.

      Step 2. Threaten owner/leaseholder of the net connection with legal action, up to and including jail time.

      Step 3. Offer a 'settlement' consisting of an arbitrary sum of money.

      Step 4. Laugh all the way to the bank as previous customers finance suing of more customers.

      Step 5. Hide profits in a PR move to 'prove' injury by file sharing in the court of owned politicians--wait, I mean public opinion.

      The lack of due process, even in the UK, is the problem with this whole endeavor. The threats work because even if the responsible party can be proven blameless, it is cheaper to make them go away than it is to stand up for your rights.

      Copyright laws aimed (rightfully so) at mass market pirates provide the stick to back up the threats.

      I would like to see an exemption for P2P infringers where there was/is no profit motive. Make these folks fork over the value of the CD's they have shared, plus costs to get said restitution. Additionally, required attendance at a class of some sort could be justified.

      Anyway, a nuisance bill of a couple hundred dollars in 'stolen' CD's and a 3-500 dollar cost recovery fee is more than enough to teach a lesson and serve the purpose of curtailing inadvertant/immature/just-plain-stupid file sharing.

    7. Re:Is this supposed to be bad? by Farmer+Tim · · Score: 1

      "The "war" in my opinion is to force the recording industry to recognize that technology has changed and start adjusting their business practices and technology to reflect that."

      I'm sorry to say that your moderate views respecting the validity of both sides of the argument is about to be moderated into oblivion.

      Next time, try to be an extremist asshat, OK?

      --
      Blank until /. makes another boneheaded UI decision.
    8. Re:Is this supposed to be bad? by Farmer+Tim · · Score: 1

      "Anyway, a nuisance bill of a couple hundred dollars in 'stolen' CD's and a 3-500 dollar cost recovery fee is more than enough to teach a lesson and serve the purpose of curtailing inadvertant/immature/just-plain-stupid file sharing."

      Yeah, there was a time when people kept quiet about their illegal activities rather than broadcasting the info to the world at large, but that was just so...nineties...

      --
      Blank until /. makes another boneheaded UI decision.
  17. Re:BPI by zymurgy_cat · · Score: 1

    Did anyone else read British Pornographic Industry? .. for a second there I was scared!

    We all did. You're just the first to admit it.....

    --
    -- Fugacity: Confusing chemists since 1908
  18. Just wait by mattmentecky · · Score: 2, Funny

    Just wait until this trend spreads across all countries and continents...be afraid of the Antartic Recording Industry (ARI)....I mean, imagine being sued in a currency that doesnt exist!
    Or just paying your debt with penguins.

  19. Re:BPI by Anonymous Coward · · Score: 0

    No he's not. This is redundant across almost every story on /. I've ever seen talking about the BPI.

  20. Uh.. yup.. by PopeAlien · · Score: 1

    .. if they will sue the dead I'm sure they'd be willing to go after you as well.

  21. IANAL, but... by game+kid · · Score: 1

    ...I wouldn't do that, especially if the FBI/whoever is the investigative arm in your country decides to drive by your antenna. Sounds like easy jailbait if they crack down on those like you, but that's just my inference.

    Of course you might be able to sue them back if they download it to figure out if its illegal.

    --
    You can hold down the "B" button for continuous firing.
    1. Re:IANAL, but... by EllisDees · · Score: 1

      Umm, there is nothing even slightly illegal about having an open wireless access point. If there were, half of the city I live in would be in jail.

      --
      -- Give me ambiguity or give me something else!
  22. I'm a Windows user... by Anonymous Coward · · Score: 0

    honest your Honor, I was haxxored!

  23. I wonder how this will go down... by eboot · · Score: 4, Interesting

    Hmm... How many people do you think they will sue? 10? 20? 1000? You know I don't know anybody who bothers to use p2p to pirate music anymore. There are easier ways to get old or indie albums by borrowing off of friends and everything new or mainstream is crap. My friends and I share music perfectly easy without P2P, in fact one of the first things I do with new friends is share our music collections with each other. The genie of digital copying is out of the bottle and it's going to take a lot of restriction to get it back in again. Enough restriction to destroy the music industry itself. Record sales aren't going to improve until the BPI or the RIAA stop stuffing crap down our throats, stop suing us and stop treating us like criminals, even if from their perspective we are. Society has changed, forever.

    --
    Two tears in a bucket. Motherfuck it.
    1. Re:I wonder how this will go down... by phuturephunk · · Score: 1

      You're missing the point. I was trading MP3s back in 1997 when it was almost exclusively done on IRC, and even then it was a side deal for all the software we moved after Georgia Tech did the cracking.

      The record companies didn't care then, and didn't really give a shit at all until Napster came along and made it EASY to do so. IRC has a barrier to entry. Finding the genres and tracks you want on IRC requires social engineering or a close friend group that can get it and share it amongst themselves, kind of like what you have.. but when any mouthbreathing idiot (read: the people most likely to buy the garbage that's out there now and who are, generally, not very tech savvy) can download the same music, it then becomes a problem.

      And when it becomes a problem, that's when the record labels step in.

      To test this, I'll ask you: How many lawsuits have you heard from people trading on IRC. I can't recall any and I think the one or two they actually pulled off came from people that were sending out GIGS of MP3s at a time.

    2. Re:I wonder how this will go down... by TheSpoom · · Score: 1

      In my opinion, they should totally automate it (use their P2P tracking tools to send out subpoenas as well) and sue *everyone* sharing their files. The hell with 100, try 1,000,000. Not only would it be much more efficient, it would show how broken our law system has become, and perhaps then people would try to get things changed. As it stands now, it's just something in the back of people's minds that they try to forget when downloading.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    3. Re:I wonder how this will go down... by drxray · · Score: 1

      It's easy now. If I have a computer and my new friend has a HD mp3 player (or a laptop), we can share music very easily and rapidly. It's possible that mp3 players in the not-very-distant future will be able to share with each other directly - the RIAA would have a fit, but most players aren't made in the USA...

      --
      Slashdot - Mutual Assured Discussion
  24. £50K in total, not per person by Anonymous Coward · · Score: 0, Redundant

    From TFA:

    "The average compensation payment was £2,200 each, with one person paying £4,500."

  25. Uh... by Dachannien · · Score: 4, Insightful

    make them compensate the artists

    Bahahahahahahaha hahahaha hahahahaha hahaha haha whew.

    Sorry about that.

    1. Re:Uh... by Anonymous Coward · · Score: 0

      make them compensate the artists

      Yes cause artists with contracts with major record companies get paid so badly they desperately need Johnny Jr's pocket money.

    2. Re:Uh... by Stevyn · · Score: 1

      Beautifully said.

      What struck me about that line was what obligation do they have to the musician to pay them back? They own the music and the contract requires them to pay the artist a portion of the money obtained from selling the music. So does the money they receive from out of court settlements go towards the amount they are obligated to pay the artist? If so, then I guess that is sort of fair in a weird way. But if not, then this is a huge loophole in the contracts.

  26. Re:The industry needs to changes its marketing str by game+kid · · Score: 1
    if they price there product in an affordable price range, people will buy.

    Putting hard-to-find, exclusive content (like an in-depth interview, a free poster, or an offer for one of the above) into the whole CD package might help too. Of course those too (or the images thereof) can easily be copied and released into p2p nets for all to download. Or apt-get or however you call it.

    --
    You can hold down the "B" button for continuous firing.
  27. Re:OMG OMG by mythosaz · · Score: 0, Flamebait
    You know, the problem is that too many of us have an attitude like the parent poster. Already the people who've posted "Good, they got what they deserved" have been modded trolls and flamebait.

    We're going to have another day where people lecture about that it's not "stealing" because it's merely "copyright infrigement" instead of actually being strong enough to regognize that it's still WRONG.

    These people broke the law, and they should be punished for it.

  28. Re:OMG OMG by _Potter_PLNU_ · · Score: 0, Flamebait

    Well, if it helps you sleep at night by rationalizing your unethical stealing of copyrighted property (assuming you do from your sarcastic statement), then by all means keep thinking like that.

    --
    "Hard work never killed anyone." -- Some Dead Guy
  29. I just don't buy any music anymore by yodaj007 · · Score: 5, Insightful

    I mean, really, I don't want to pay what I consider outrageous prices for crap. I'm not downloading anything either. If you want some good music, go down to your local coffee house and listen to a good live band and buy their CD if you like their music. For the price of a coffee, I can listen to a small live concert for several hours while I do homework. You mean you can try before you buy? Amazing! The CD's I get from the local artists (and other independent artists that come through my area on tour) are much cheaper than the record-label CD's and the quality of music is sooo worth it. While the ethics of downloading the label's music is disputed, one thing I think we can all agree on is that the labels would have no ammo if people would just boycott them instead of refusing to purchase their crap and downloading music. Boycotts do work. And boycotts 'steal' nothing from the artists.

    --
    These aren't the sigs you're looking for.
    1. Re:I just don't buy any music anymore by StarWreck · · Score: 1

      I've gone to only buying music that has no ties to the RIAA. www.magnatunes.com is a good source to download music. and www.riaaradar.com is a good way to find non-RIAA CD's from Amazon.com.

      --
      ... and in the DRM, bind them.
    2. Re:I just don't buy any music anymore by Anonymous Coward · · Score: 0

      Not everyone lives near a good coffee house with live music. Where I live you're likely to get into a pub brawl.

  30. how much of this goes to artists? by bani · · Score: 1

    my prediction: $0.00

    all of it goes to the labels.

    artists get nothing except % of sales and residuals, they dont get anything from legal judgements.

    1. Re:how much of this goes to artists? by mark-t · · Score: 1

      Which is ridiculous because you can go to the stationer shop down the street and buy a package of label sheets for only a couple of bucks.

    2. Re:how much of this goes to artists? by Anonymous Coward · · Score: 0
      all of it goes to the labels.


      And don't forget their greedy lawyers.
  31. Re:The industry needs to changes its marketing str by PReDiToR · · Score: 2, Insightful

    Assume that we all know filesharing is illegal, immoral and makes you fat.

    Now take a look around you and see that not many people care and are doing it anyway.

    You want to stop them doing it, considering the moral argument doesn't work?
    Ask why they do it.
    Then take that reason away from them.

    If they continue to share, that wasn't really their reason.

    The popularity of iTunes says that people are willing for pay for downloaded music.

    I would suggest that the reason for this is that you can get the song you want at the price you want to pay, rather than getting a lot of stuff you don't want at a price that is too high for the whole.

    Not wanting to listen to arguments doesn't make them any less valid, it only means you refuse to help out on either side of the battle.

    --

    Do not meddle in the affairs of geeks for they are subtle and quick to anger
  32. Legally, the correct approach, but a foolish one by reptilicus · · Score: 2, Insightful

    ---Isn't this exactly what we asked for?---

    Pretty much, and under the law, it's a reasonable approach. But in the long run, it's a futile one, and a foolish one.

    First, the massive quantity of US lawsuits has caused no slowdown in p2p filesharing. So it's not an effective means of stopping copyright infringement.

    Next, it's bad PR, and is turning off more and more consumers and artists from doing business with the major label cartels. It's also interesting that they continue to settle out of court, rather than letting any case go through. I think there's some fear on the RIAA and their equivalents' parts that a court case would 1) reinforce fair use rights and 2) set a precedent for the value of a song.

    Most importantly, rather than seeing this as something that must be stomped out and trying to turn back the clock, a smarter approach is to find a way to profit from this obvious consumer demand. The same thing happened with the VCR, and now the MPAA makes more money from video sales and rentals than from box office receipts.

    My opinion is they need to set up a system similar to this one. It takes advantage of the massive power of p2p, yet protects copyright and actively encourages users to only deal in legit files by giving them a financial incentive.

  33. Re:BPI by Anonymous Coward · · Score: 0

    British Phonographic Industry, what?
    I haven't listened to a phonograph in about 20 years now. Who in the world would want to listen to a phonograph or even consider trading them online? As I recall they were huge, hulking things that collected copious amounts of dust.

  34. Re:The industry needs to changes its marketing str by AK+Marc · · Score: 4, Insightful

    It's like walking into a Wal-Mart, stuffing something in your coat, walking out, and justifying it by saying that they charge too much anyway.

    No, it is not. It's more like not wanting to pay $5 to rent a movie that you've heard is bad, so you walk over to your friends house and borrow it. You've just screwed the movie company out of money and should be tossed in jail for "stealing" by not paying them every time you watch it.

  35. So... by game+kid · · Score: 1

    ...would Linux CDs be a good substitute for the penguins? and would the ARI lawyers substitute their suits for giant North Face jackets?

    Somehow I think people would be sued in Mars or the ISS before that though. I wouldn't move to a world so cold. (I'd compare the preceding to a Mudvayne song but I'd get sued. I think.)

    --
    You can hold down the "B" button for continuous firing.
  36. A dangerous wounded animal by Doc+Ruby · · Score: 2, Informative

    They're determined to find anyone who distributes music who isn't them, PERIOD. They're a starving, wounded beast, cornered by its own fear and ignorance. All they know how to do is threaten people who exchange music, whether they've got a right to or not. Why can't I let a friend listen to a stream of a song that's otherwise idle on my HD, when I can loan them the CD? Why can't a few of my friends tune into my stream, when I can bring the CD to a party? Because they never had enough lawyers to force you to pay them for those fair uses. But on the Internet, these music biz weasels can finally insert themselves into every music transaction as tolltakers. Or so they think - any smart people running the biz have run *from* the biz already. So the dumb beast makes its last stand, taking down as many victims as it can.

    --

    --
    make install -not war

    1. Re:A dangerous wounded animal by Mr.+Underbridge · · Score: 1
      Why can't I let a friend listen to a stream of a song that's otherwise idle on my HD, when I can loan them the CD?

      If you had a mechanism for ensuring that 1) only one "friend" borrowed your file at a time, and 2) you yourself are locked out from doing listening to it while they do, I'm not so sure you DON'T have the legal right to do that as of now. The lockout mechanisms are key to get around both piracy abd broadcasting restrictions.

      If you can't, I agree, you should be able to.

    2. Re:A dangerous wounded animal by Macadamizer · · Score: 1

      "not so sure you DON'T have the legal right to do that as of now."

      I am assuming you are talking about streaming from one computer to another -- in which case, it would almost certainly be against the rules under copyright law (in the U.S.), specifically 17 USC 106(6) (right to control digital transmission of a sound recording).

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:A dangerous wounded animal by Anonymous Coward · · Score: 0

      itch

    4. Re:A dangerous wounded animal by Doc+Ruby · · Score: 1

      I've got a mechanism that ensures that only one instance is transmitted at a time, including to the owner. And that the recipient is a "friend", one of a few people with whom the owner has a pre-existing direct relationship, outside the music transaction. We have the legal right to share CDs with friends, and it's not our responsibility when they burn a copy - it's their responsibility.

      But the "legal right" is totally irrelevant to what I'm talking about. The music biz will sue you, shut you down, to pressure you to cut them in on money from your transaction. Because they think they can - force majeur - not because they have any right to. And, as their shutdown of MP3.com proved long ago, it works.

      --

      --
      make install -not war

    5. Re:A dangerous wounded animal by Doc+Ruby · · Score: 1

      Don't be so certain. The "Small Webcaster" rules were passed by the Library of Congress (administer of copyrights) last February, after years of negotiations. Streams are explicitly different from files: they're transmissions, not copies. There are plenty of legal rights. But when the record companies get left out, the rights are irrelevant - they just attack anyway.

      --

      --
      make install -not war

  37. Only fining uploaders by dappleyard · · Score: 2, Interesting

    I think It's important to note that it is generally only the uploaders who are being fined for their activities. A joe bloggs day to day downloader has nothing to worry about: "The UK internet users, ranging from a student to a local councillor, have admitted putting up to 9,000 songs each on the web for other fans to download."

    1. Re:Only fining uploaders by pjt33 · · Score: 1

      On the Web? Well, TBH they probably did admit to that, but it's a shame the journalist doesn't know his or her subject matter. (Having RTFA, they were actually putting the files on Kazaa and other P2P networks).

    2. Re:Only fining uploaders by Anonymous Coward · · Score: 0

      Up to 9000 includes any number less than 9000. Including zero.

  38. Wrong! by Anonymous Coward · · Score: 0

    Sorry... but the music being shared is NOT the property of the music association, or their individual labels.

    The only thing the labels own are the COPYRIGHTS but they don't own the copy of the song itself. Holding the copyright to a song does not equal to owning a copy of the song.

    For example, if I write a new song and burn it onto a CD, then I'm both the copyright holder and the owner of the copy. But as soon as I sell you the CD, then I'm still the copyright holder, but the CD AND that individual copy of the song burned on the CD becomes YOUR property.

  39. Difference by Dante+Shamest · · Score: 1
    Did anyone else read British Pornographic Industry? .. for a second there I was scared!

    The British Pornographic Society is less ruthless.

    1. Re:Difference by PoopJuggler · · Score: 1

      They pay you when you get fucked, not the other way around...

    2. Re:Difference by freakmn · · Score: 1

      I'd guess that they would screw you over less than the British Phonograpic Industry...

      I guess I know which I'd rather be screwed by...

      --
      warning: This post is likely to contain gobs of dripping sarcasm. Consume at your own risk.
    3. Re:Difference by Anonymous Coward · · Score: 0

      The British Pornographic Industry has employees named Bambi, Rain, Tamara, Delucious and the like. No one named Ruth.

      The British Phonographic Industry has Ruth McTaggart, Ruth Holmes, and Ruth Phillips on its payroll.

      Therefore, the British Pornography Industry is _more_ ruthless than the British Phonographic Industry. QED. HTH.

  40. trading actual cds by slothman32 · · Score: 1

    If a bunch of people get together and mail each other, and strangers as well, CD's can it be illegal? If not then "fileshare" that way. If so then how can mailing them be bad? What about mailign books so they can be copied? Or records? Or even just handing them personally but copying them when you have it? Can giving it, not lending, to strangers be illicet?

    --
    Why don't you guys have friends or journals?
    1. Re:trading actual cds by Farmer+Tim · · Score: 1

      "If a bunch of people get together and mail each other, and strangers as well, CD's can it be illegal?"

      Yes. "File sharing"* is just a euphemism for copying over an electronic network; the law doesn't care how the copying is done, it's the copying itself that's illegal. If somwone told you it's illegal to stab someone with a knife, does that mean that it's legal to stab someone with a fork, or that stabbing people with anything is illegal and the word "knife" is not the part you should be focussing on? Same principle.

      "What about mailign books so they can be copied?"

      Exactly the same, except for tighter restrictions on fair use: books can only be reproduced in part, and only for educational purposes. Timeshifting (the Betamax ruling) obviously doesn't apply, and the value of "backing up" a book to a digital format is debatable.

      "Or records?"

      What makes you think the law is different for CDs and records (assuming you mean vinyl LPs)? They're both recorded audio, they're both copyright works, both are useless without the correct playback equipment; one is simply represented by a long, thin wobbly spiral groove and the other by pits in aluminium foil. For all practical purposes they are the same thing with the same intended function (reproducing sound), so the law treats them the same. This is also true for MP3s, cassettes, 78s, 8-track carts, magnetophon reels, 1/4 inch tape, Edison cylinders and even player piano rolls: the copyright exists on the works contained in the medium, not the medium itself.

      It really helps understanding the mechanics if you just think "black box that contains music" rather than trying to confuse yourself with formats.

      "Or even just handing them personally but copying them when you have it?"

      Still illegal. The only justification for copying is fair use: YOU (not somebody else) are entitled to make safety copies of music YOU (not somebody else) have paid for; if somebody else paid for them, then YOU (who isn't somebody else) are not entitled to make copies.

      "Can giving it, not lending, to strangers be illicet?"

      No, otherwise it would be illegal to give CDs as gifts. Unless you're talking about giving a copy you've made, in which case see my previous point.

      Basically, if you didn't pay for a pressed copy/download from an approved source (free or not), or you are giving out copies (physical or elecronic) of a recording you didn't commission, you are probably breaking the law, but it varies from country to country. Australia, for example, has no fair use clauses (or findings) apart from educational purposes; it is technically illegal to make mix tapes or rip to MP3, even for personal use (not that anyone has ever been prosecuted, which says something for ARIA/APRA**), and video recorders are still sometimes advertised with the disclaimer "recording broadcast material may be prohibited". Fortunately, Indonesia is fairly close...

      *Side note: it bugs me that the word "sharing", which my dictionary defines as "apportion; give away part of; possess or use jointly with others", is used when it is in fact nothing of the sort: it is just copying. You do not "share" a single file on a single hard drive with 50 other people, you don't each get 2% of the file, or get use of the file for 2% of the time, you make your own copy from a remote source. In this regard, "file sharing" is as terminologically accurate as calling copyright violation "theft". It also bugs me that iMovie uses the term "share" in a pull down menu when they really mean "export" ("hey, let's set up a user interface paradigm, then just when everyone gets used to it, WHAMMO, dumb it down using the latest buzz words!"). Thanks, Steve, now I have to explain two words to newbies, then tell them that they mean the same thing...at times I'm tempted to travel to Cupertino to conduct experiments into whether classic Macs can be used as suppositories...

      **ARIA=Australian Record Industry Association, the RIAA equivalent. APRA=Australasian Performing Rights Association, the people who extract royalty money from the ARIA members to give to musicians.

      --
      Blank until /. makes another boneheaded UI decision.
  41. people give in too easily by ruxxell · · Score: 1

    i can't wait for some multimillionaire to get busted for this sort of thing, and have them be so riled byit that they refuse to settle out of court and make a case out of it. hopefully with good lawyers.

    --
    "when the sun sets on the ghetto, all the broken stuff gets cold"
    1. Re:people give in too easily by Monkey · · Score: 1

      It might surprise you to find out how few multimillionaires actually use P2P to download copyright protected material. I would guess somewhere between 0 and 10.

    2. Re:people give in too easily by dappleyard · · Score: 1

      Where's the need? - They can buy music without worrying about it

  42. Re:The industry needs to changes its marketing str by AK+Marc · · Score: 1

    I hate these arguments so much.

    Why? Because they are accurate? He isn't saying he does it for that reason, he's saying many people claim that as the reason.

    Who cares what they price the music at?

    Everyone that buys or wants to buy music, which is pretty close to 100% of the population.

    It is not your music, you did not make it, you did not go into contract with them and give them rights to it, you did not spend millions of dollars advertising it.

    You are right, I didn't. They put it in the public domain and shared it with everyone as well. They went out of their way to have me hear it. Then, after pretty much forcing me to hear it, they then try to control any second or later hearings of it. That's the business model of a drug dealer, not a reputable company.

  43. Why didn't the parents fight? by Ch*mp · · Score: 2, Interesting
    The BPI said some were parents and it was "highly likely" they settled on behalf of their children.

    In the UK is this normal practice? - If you cannot crack the bat over the head of a minor, go looking for a parent.

    If this had gone to court and the courts sided with the BPI, what sort of punishment would have been dished out, and who would be punished? - the minor, or the parent, or both?

    Specifically, if the parent didn't know a crime was going on (meaning they genuinely didn't know their child was downloading copyrighted material), how can the parent be held accountable?

    If the parent cannot be held accountable, in these circumstances, why the hell did they settle out of court?

    --all typos created using myKeyboard(TM) (patent pending)
    1. Re:Why didn't the parents fight? by mindstrm · · Score: 1

      Because society expects parents to be responsible to a large degree for the actions of their children until they become legal adults?

    2. Re:Why didn't the parents fight? by Sesostris+III · · Score: 1

      Because ... they're parents? Apparently it's the sort of things parents do, looking after their kids!

      Actually, in the UK, in some situations a parent can be held accountable for the actions of their children. Surprisingly, a few parents have gone to prison due to the persistent truanting of their offspring.

      Sesostris III

      --
      You never know what is enough unless you know what is more than enough. - Blake
    3. Re:Why didn't the parents fight? by Ch*mp · · Score: 1

      I'm not a lawyer (how can you tell), but...

      Err...surely the courts decide the degree of responsibility and not society.

      Yes the courts reflect societies ethics and desires, but they must test and prove the quality of those ethics and desires (Otherwise the lynch mob would rule). I doubt this specific type of crime has actually been tested in UK law.

      How is this crime different from a minor committing a material crime, such as shoplifting:

      Suppose a minor is caught shoplifting in the UK. The child is cautioned. Yes, they can have an ASBO slapped on them by law, banning them from going into the area where they commit crime, but that is quite unusual. And only under extreme circumstances can parent be held responsible under law (society may think differently).

      Does the store that suffered the theft get to chase the parents for loses caused by children? (I've never heard of that happening)
      Wouldn't the BPI have to prove the culpability of the parents in order to obtain damages?

      All I really want to know is: what exactly were the children/parent's threatened with by the BPI?
      And how solid would their prosecution be if it is targeted at minors.

      Any layers out there want to pitch in?? (as if any read /. !)

    4. Re:Why didn't the parents fight? by Ch*mp · · Score: 1

      But being a parent myself I'd prefer to publically defend the legal status of my kids than cave into these demands. Especially as this is [probably] untested ground.

      I'm not saying, don't punish the kids.
      However if the law cannot get involved, then it should be the parents responsibility to punish (if the law cannot get involved)...

      Bullying - yes, there was that. However, that is a different type of crime completely. And that is because the case WAS tested in court. The law COULD get involved.

      However, either way, I'd still give my kids a right earful and ban them from the internet until they were 65.

    5. Re:Why didn't the parents fight? by Rakishi · · Score: 1

      They could sue the kids but guess who pays in the end anyway? Also the internet account is under the parent's name, so the parents would probably get sued. I guess they could try and have the BPI sue their kids instead but most parents actually care about their children.
      Also since the parents represent their kids they would be the ones to deal with the BPI lawyers anyway.

    6. Re:Why didn't the parents fight? by IIH · · Score: 1
      Specifically, if the parent didn't know a crime was going on (meaning they genuinely didn't know their child was downloading copyrighted material), how can the parent be held accountable?

      Proably because they are the account holder for the internet connection, and are held responsible for anything downloaded via it.

      --
      Exigo spamos et dona ferentes
    7. Re:Why didn't the parents fight? by Ch*mp · · Score: 1

      You cannot sue a minor in the UK afaik. So, the courts would not allow the BPI to sue a minor. I actually think the BPI would have more luck suing the ISP. I believe the BPI targeted children in this sweep in order to fire a warning shot. Other posts suggest that they were looking for people that published specific titles. bearing in mind that the music industry knows the rough age groups of people that listen to specific music titles, here's my theory: "Find a representative person from a range of demographic groups and find out if we can scare them (or their parents) into submission. If we can do that, it's possible that the rest of that demographic group will follow."

    8. Re:Why didn't the parents fight? by zotz · · Score: 1

      "Actually, in the UK, in some situations a parent can be held accountable for the actions of their children. Surprisingly, a few parents have gone to prison due to the persistent truanting of their offspring."

      The modern world seems intent on restricting more and more the authority parents hold over their children while at the same time holding them more and more liable for the actions of those children.

      Anyone see this differently? (As to the facts.)

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    9. Re:Why didn't the parents fight? by lachlan76 · · Score: 1

      I can understand...I wouldn't mind sueing all the Britney Spears fans out of existance ;)

  44. Re:The industry needs to changes its marketing str by Rinikusu · · Score: 1

    Who said nobody's buying? Many music companies recorded recorded profits last year. SOMEONE is buying that music, at the prices they dictate. If anything, it sounds like everyone is buying except for a small minority, but because they (the non-payers) are being dicks about it (sharing), it encourages other people to look into it. If it's free and no one's getting sued, what's the real discentive besides ethics (which people like the ones who are getting sued are throwing to the curb)?

    If a person wants free music, then I suggest they start buying pepsi, or go learn how to play an instrument and make their own. That way, if you want to share your music with everyone else, it's your right to do so. But don't pretend that you have some sort of right to determine how best to distribute someone else's copyrighted material.

    Having said that, I'm all for copyright expiration reform.

    --
    If you were me, you'd be good lookin'. - six string samurai
  45. No by YrWrstNtmr · · Score: 1

    Any use of your connection is your responsibility.

    1. Re:No by phoenix321 · · Score: 2, Insightful

      You sure it is? Would it be my responsibility if I leave a handgun lying around, someone takes it (preferably a minor in the household) and shoots someone, I'm responsible. So far so good.

      Other question: if I leave my car unlocked, so it gets stolen and involved in an accident - am I responsible, too? Cars are dangerous things. Not as much as firearms, but can be devastating nonetheless. Assume it is my responsibility, too.

      What about a box cutter on the front porch? Still dangerous and I'm responsible, eh? Allright, what about a bottle of whiskey? Wine? Beer? Could be dangerous to minors, I'm responsible, right? Think of the children! What about a bottle of milk? Some people are allergenic to lactose. It could go sour and get an unsuspecting thief (a child, maybe!) a sick stomach. Am I responsible?

      After all, it boils down to three questions:
      - to what extend can someone be held responsible when others misuse their property?
      - how much can someone be held responsible for harm created by services, goods or anything else given away for free? - how "dangerous" is a regular IP connection? Like a handgun? Like a car or heavy powertool? Knife, alcoholic beverage? Milk?

      I see an open Wifi-spot exactly as dangerous as an open public letterbox. Not even in the case of a serious letter bomb would one these people be sued a) the postal service for providing unchecked packet relay, b) the mailman, c) the person responsible for the letterbox, maybe a mall owner where that thing is located d) the manufacturer of paper, strings, stamps and glue.

      What do we learn from that? Do not ever accept to take a letter/transmit an IP packet from your neighbors into town/to your gateway. Ignorance is negligence, openness is danger, sharing is stealing, not assuming the worst is abetting it, freedom is slavery. Thanks pal for reminding me. I'll register for re-education tomorrow, I promise!

    2. Re:No by rainman_bc · · Score: 1

      And the courts would counter your three questions with "Is it resonable to expect that users should lock down their network to prevent access".

      Whenever their is no definite answer, that's the question they will ask, and it in fact is very reasonable to expect users to lock down their wireless networks. All the information on how to do so is provded.

      That said, the network owner isn't the copyright infringer, they are simply a conduit for copyright infringement, and should probably not be held liable. To make a network owner responsible for the behaviour of the users of their network even if it's a buplic network would have serious ramifications to other ISP's.

      IANAL, but I've taken the odd law class.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  46. Re:OMG OMG by KD5YPT · · Score: 1

    Hear hear. Like it or not, Copyrights are necessary in order to promote innovations. Of course, there should be a legal equivalent of the Creative Common License (hey, sometimes people just want to get their stuff out there).

    The current beef I have is that the Recording Industries are constantly ripping off their artists by keeping a LARGE portion of the music sale to themselves. And the current copyright licenses are a bit over the board (90 years? Whoa.) Artistic expression, sometimes music, but especially computer programs, are inherently built upon past expressions, having a long copyright is ridiculous for certain form of expressions.

    General, these should have long or un-limited licenses...
    Book, Painting, works that generally leave behind a physical copy.
    These should have a sufficiently long license...
    Music, Films (might fall under previous one).
    This should DEFINITELY have a short copyright span...
    Softwares

    --
    In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  47. Incorrect 50k by Manip · · Score: 1

    It is 50k in total not 50k each as the blurb suggests. RTFA!

  48. Re:OMG OMG by mythosaz · · Score: 1

    Agreed. Copyright isn't perfect. The music industry thrives off of their hefty cut, and the punishment to the "ciminals" is probably too severe... ...none of that makes it right.

    (Unless you're in a country with laws that say otherwise.)

  49. You're not the only one by killmenow · · Score: 1

    I was going to make two points here...but of course you'll probably be modded into oblivion so nobody will read my other point...but I'll make it anyway.

    £50,000 to settle

    Who the hell has fifty thousand pounds sitting around to settle and still won't buy a freaking CD?

    50,000 pounds is almost (US) $100,000. If you can afford a $100,000 settlement, just buy the freaking music.

    1. Re:You're not the only one by kirun · · Score: 1

      The £50,000 was a total.

      The average compensation payment was £2,200 each, with one person paying £4,500.

      --
      I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
    2. Re:You're not the only one by killmenow · · Score: 1

      The average compensation payment was £2,200 each, with one person paying £4,500.

      Oh. Guess I should try RingTFA sometimes. Well, it seems less of a big deal when put that way, but still...2,200 pounds would be close to 5,000 US dollars. And you can't buy a CD?

      Seems to me the record industry has found a nice way to supplement for sales lost in a bad economy: shakedowns.

    3. Re:You're not the only one by pjt33 · · Score: 1

      This being the UK we're talking about, I wouldn't be surprised to learn that 90% of them raised said two grand by taking out a loan on which they'll be paying at least 10% interest p.a.

  50. Re:BPI by zymurgy_cat · · Score: 1

    Some people like to collect them and listen to them. My father-in-law has some very old vinyl records. I'm talking the old thick ones from people like Sinatra and musicals like Oklahoma. Stuff that he bought in the 40s. Listening to those things snap and crackle is listening to history. It's quite interesting, actually. One of these days I'm going to buy a turntable to play so he has to leave them to me....;^)

    --
    -- Fugacity: Confusing chemists since 1908
  51. Re:The industry needs to changes its marketing str by nkh · · Score: 1

    Who cares what they price the music at?

    I don't. That's why I don't buy CDs anymore! Either I download some free stuff on the internet (legatorrents... just google for it) or I listen and donate to Shoutcast radio stations.

    They want me to buy something? Maybe they should consider lowering the price of their CDs. CDs are almost twice as expensive as it was ten years ago, is there a reason for it? The price should lower by itself with time but instead it's going up. Now I can buy two DVDs for the price of one CD. And for the price of 2 CDs, I can buy either a book written by Knuth or a DVD/DivX player to go with my TV. And in 5 years, they'll give you a free Intel/Windows computer for each audio CD bought at Wal-mart (the CD will cost $500 and the computer $5).

  52. Better analogy by bezuwork's+friend · · Score: 1
    A better analogy would be either a) if he lets guests stay over on a semi regular basis (analogy to where he knows his neighbors are using his connection) or b) where he lets his door unlocked and some person uses his apartment somehow without him knowing it (analogy to where he lets his connection open but doesn't know whether it is being used). In fact, the analogy for some people would be if he doesn't even know how to lock his apartment - or doesn't know of a second door which is open (analogy to those people who don't know how to secure their connection). Would he be liable for the activities of the person using his apartment? Depends on the statutory definition of the crime, the specific facts, and his knowledge and degree of looking the other way.

    A specific term to not share? If he's doing this in violation of the agreement, then his ISP can terminate the contract.

    Whether he is liable for any copyright infringements would fall under contributory infringement analysis. I can't imagine that his guilt of contributory infringement would have any connection to whether he was sharing his connection legally or not.

    1. Re:Better analogy by Anonymous Coward · · Score: 0

      If that someone came in and left drugs in your house and the police were tipped off, you can be about 99% sure that they are going to think that they are your drugs and prosecute you no matter how hard you plead with them that they aren't yours.

      Don't be an idiot. lock your door! Secure your network!!!

  53. Re:The industry needs to changes its marketing str by smooth+wombat · · Score: 1
    It's more like not wanting to pay $5 to rent a movie that you've heard is bad, so you walk over to your friends house and borrow it.

    Except you're not borrowing it. You're keeping it permanently. Which is exactly what you would have done had you gone to the store and bought it new or used.

    You've just screwed the movie company out of money and should be tossed in jail for "stealing" by not paying them every time you watch it.

    Had you actually bought the item you could watch it as often as you wished without incurring any further costs.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  54. I don't sleep at night by Anonymous Coward · · Score: 0

    actually, I'm up all night downloading mp3s and other w4r3z!

  55. Lemonade by wwonka74 · · Score: 3, Informative

    Probably everyone has played a version of the lemonade stand game that teaches simple economic sense or for those more into other things the drug game w/ the same basis.
    I'm not an economist or even a leader in the corporation I work for but that game taught me that people are willing to pay what they feel is a decent price for the product they receive and will not purchase any lemonade that is $5.00 a cup even on a 99degree farenheit day with no clouds in the sky.
    /em sends a copy of the lemonade stand game to MPAA, RIAA and now BPI.

    1. Re:Lemonade by TheBadger · · Score: 1

      Nice one dude...

    2. Re:Lemonade by Farmer+Tim · · Score: 1

      The RIAA reported increased sales recently, didn't it? And all the major labels were still highly profitable, last I checked.

      This suggests that they might actually have at least some small clue of how commerce works, and that the majority of the CD buying public might find CDs at an acceptable price point; you may not, but you've been rather seriously out-voted, I'm afraid.

      Perhaps the RIAA & co. has been listening when file sharers say "I wouldn't buy it anyway"; a market that isn't prepared to spend anything isn't a market, by definition, and there's no benefit to the record companies in trying to win their approval. Good market research is essential in business: there's no point in trying to sell lemonade in a town where everybody hates lemons...

      Of course, I'm just speculating here. Most of the major label people I run into are contemptable high-order buffoons.

      And a note regarding the accuracy of the "lemonade stand" game as a simulation: having had two weeks of temperatures well exceeding 99 degrees this summer, I can tell you for a fact that people will pay $5 for a cup of lemonade.

      --
      Blank until /. makes another boneheaded UI decision.
  56. Re:The industry needs to changes its marketing str by kidgenius · · Score: 1

    Apt-get???? That is not a tool for pirating music. It is a program that is used by the Debian distribution to easily download software to your computer. The software is free, and for the most part open source.

  57. British Pr0nographic Industry (?) by Anonymous Coward · · Score: 0

    I had to do a double take, because my first impression was of an article about the British Pr0nographic Industry.

  58. Umm, FYI by killmenow · · Score: 1

    I'm not sure why you brought the Electronic Frontier Foundation (EFF) into this.

    Anyway, the Free Software Foundation (FSF) doesn't go after GPL violations when they don't own the copyright, and rightly so. All GPL violations the FSF get involved with are ones where the copyright was either theirs to begin with or where it was assigned to them.

    Just because they wrote the GPL, it doesn't mean they are its sole enforcers or the ones responsible for dealing with GPL violators. Just like any copyright violation, the person (or entity) who needs to deal with it is the copyright holder.

    1. Re:Umm, FYI by superpulpsicle · · Score: 1

      I am not even sure why RIAA was brought into this. Technically isn't Record Industry Association of America only effective in America. How the hell does RIAA stretch to the UK?

  59. mediachest. by PopeAlien · · Score: 1

    That is fantastic! an excellent way to allow people to share things they care about without breaking the law.

    Difficult to tell at a glance - is this US only or is there suport for the UK and Canada?

  60. Prohibition is Good by Anonymous Coward · · Score: 0

    Music Sharing was the 'Killer App' which got many people to join the web and get broadband. The UK figures show that more people came into contact with a wider variety of music. CD sales went up despite the recession and Blatant overpricing.
    Bring it on, sue our children for being interested in culture, drive them to hide their interests underground - Remember how music changed your life? You cannot keep people from it. Young people need it to help them become adults.
    This will get lots of ordinary people to find out about anonimity and cryptographic networks, using proxies and getting internet accounts and phone lines in someone elses name.
    Your Kids will not stop swapping music, they love culture too much but it is being kept from them by hideosuly inflated pricing schemes and self censoring coporate radio.
    It will lead to many ordinary people buiding their own wireless community networks, meshing their broadband wireless routers together, it will lead to exclusive networks of trusted friends.
    Then you hear loads of whining as really bad people like porno-drug-terrorists will be able to hide what they are doing so much easier.
    Using Prohibition to create an economy of scarcity when we could a vital and rich nation nurturing our young creative talent ( which will be tommorows exports ).
    Perhaps a sensible solution will arise before the mainstream goes underground.
    Like compulsory liscensing for ISPs or a Media Tax that can compensate ARTISTS (and not the fat cat record company SPIV's) so people can continue to do what they feel is morally right share stuff that they are into.
    The Music Distribution Industry is making too much money due to its total stranglehold over radio and TV presentation of music and record stores.
    They don't pay music artists properly, they don't facilitate, nurture and encourage, they just feed parasitically of others creativity, blackmailing them into completely unreasnoble contracts.
    They keep good art down, they have no morals, they sell garbidge to your kids who believe in the authority of mainstream media, they leech money by selling fake rebellion just for cash through their Stepford bands.
    Imagine if Music Swapping was Legal.
    Artists can probably make as much as they get of Record/ Media Companies by gigging and from Loyal Fans who will buy their merchandise and support them. Records will become hits because they have been widely swapped and distributed, Great performances will be archived by collectors instead of lost, orphaned to copyright.
    Lets take culture away from non creative parasites, good art doesn't need publicity - word of mouth is the way good culture spreads.
    These People who are suing music fans are Evil, they do not create they do not nurture and foster art, they blackmail, curtail and impoverish us as a Nation.
    America may take blatant coprporate greed lying down, but in Britain the long tradition of not taking it will prevail.
    If let these fascist monopolist pigs get away with this it will drive you children to hide what they do and see.
    This will bring more disorder than the poll tax riots, burn the major labels, destroy playlist radio, bring it on, and burn forever in ahell of your own making.
    It is morally right to share things that you like with others to turn your friends onto culture.

  61. Pronographic by Anonymous Coward · · Score: 0

    >>British Phonographic Industry (BPI) I swear, I read that as Pornoghraphic. My jaw hit the floor.

  62. make things people want illegal by Anonymous Coward · · Score: 0

    Thats right make music swapping Illegal then your kids will have to get their MP3s from crack houses, then you'll be sorry.

  63. I think I speak for many UK residents in asking... by soliptic · · Score: 2, Interesting

    ... which p2p networks are they monitoring? :o

  64. Re:The industry needs to changes its marketing str by EllisDees · · Score: 1

    Or you could just have thrown it into your dvd-rom drive and used mencoder to make a very nice copy. I do it all the time.

    --
    -- Give me ambiguity or give me something else!
  65. Re:The industry needs to changes its marketing str by JofCoRe · · Score: 1

    Except you're not borrowing it. You're keeping it permanently.

    Partially accurate, but doesn't really tell the whole story. One thing you missed: You're not taking anything from anyone when you download music. You're simply making a copy that you're not authorized to make. You don't deprive anyone of anything.

    You can't deprive someone of "potential revenue", because they never had it in the first place...

    --

    Place sig here.
  66. This is an attack on the internet also by zymano · · Score: 2, Informative

    People sharing files is just like people copying a movie or tv show for a friend. Lets also remember that an MP3 is NOT an exact copy. So for the record producers to say that is stealing is wrong.

    Lets also look at new censorship rules being pushed by politicians in the US.

    The internet is hated by TV, Music and film companies.

    How long will it be before we have boxes installed on all computers checking for anything that might be copyrighted or anything that is deemed 'indecent'.

    We might be seeing it already. The war has begun.

    1. Re:This is an attack on the internet also by Anonymous Coward · · Score: 0

      People sharing files is just like people copying a movie or tv show for a friend.

      Well, for several hundred/thousand friends.

  67. I wasn't aware... by Selfbain · · Score: 2, Funny

    ..that people ripping songs from Phonographs was so widespread.

    --
    Well, it has never been successfully tested.
  68. Last artist I ASKED where to buy her music from... by Anonymous Coward · · Score: 0

    told be to download it from Kazaar!! Meg Lee Chin ROCKS!! Anyways - Im a Brit but aint really downloaded anything since Audio Galaxy was squished. Wheres a good place to download from, and if I like what I download - WHAT THE $*!#£ ARE MY CHANCES OF IT BEING SOLD IN THE UK?!!!

  69. Shoutcast by dbcad7 · · Score: 1
    I am a bit curious as to how shoutcast and others will fit into this.

    -- If you are brodcasting an mp3, you are not offering the file for download as in p2p.. however that does not stop someone from recording the stream.

    -- It is the same with radio broadcasting, there is nothing to stop someone from recording the broadcast

    -- now granted the quality of a radio broadcast is not the same.. but then neither is the quality of an mp3

    I wonder if the day will come, when there are crackdowns on internet broadcasters as well... I hope not, shoutcast is pretty slick IMHO

    --
    waiting for ad.doubleclick.net
    1. Re:Shoutcast by lart_expert · · Score: 1
      -- It is the same with radio broadcasting, there is nothing to stop someone from recording the broadcast

      But, if you are broadcasting over the radio, or making it possible for other people to hear the music, the Performing Rights Society will expect money from you - in the UK at least, they employ people to listen to radio stations and check the song logs, so that the royalties are claimed, and also (hopefully) for the right people

      I don't know if Shoutcast is covered in the same way for this, although I'd bet good money that somewhere in the "All rights reserved" clause, they intend this kind of thing... Be interesting to see what happens in the future on this.

  70. The WHAT Agency?! by Anonymous Coward · · Score: 0

    Am I the only one who at first glance read "The British Pornographic Industry" in the summary?

  71. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    *sigh* This is why I hate people.

    You're saying it's fine that you stole the video/audio because you intended to steal it from day one, buying it never crossed your mind.

    Just brilliant, asshole.

  72. Aim at Foot, pull trigger by Anonymous Coward · · Score: 0

    When Origianl Napster was good I found out about lots of excellent music, obscure stuff, I was recommended it or when I found a file I liked, I would look in that persons folder and find other stuff I had never heard of or would have never discovered. I got broadband, my culture horizons were blown away.
    I actually started buying cds of stuff I had found out about, and smaller label stuff on vinyl. it was a culturally rich time, now it is harder to find music you have to know what you want in advance.
    I buy less cds now I swap less files.
    No John Peel, No Napster, Life Sucks.

  73. Perhaps you are unacquainted... by Chordonblue · · Score: 1

    with reasonable punishement... Downloading a song is equal somehow to possibly killing someone due to reckless endangerment?

    Oh right... We're 'endangering' the big corporations, NOW I understand your point.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:Perhaps you are unacquainted... by mark-t · · Score: 1
      Perhaps you can explain how one (presumably a competent driver, btw) might be guilty of "reckless endangerment" to anyone on an otherwise completely empty road?

      I chose that example deliberately... there is no victim here, there is no real threat of danger. Yet in the case I described, a police officer wouldn't hesitate to impound your car... although I'd certainly be interested in knowing what the policeman might say in such a scenario if you told him the truth in that case... "I was speeding because there was nobody else around that might be endangered by it and I'm a good enough driver that I can handle my car at high speeds".

      I don't give a rip about big corporations.

      I do give a rip about the copyright holder.

      If copyright infringement is tolerated, it devalues copyright, and that _DOES_ impact the copyright holder, in ways that can go far deeper than merely financially.

    2. Re:Perhaps you are unacquainted... by Chordonblue · · Score: 1

      You assume that's empty. The truth is it's not your road - anyone else could suddenly decide they need to go somewhere. I don't care if you're Dale Jarrett, anything could happen at those types of speeds.

      But how do you justify the kind of fines that the RIAA and other impose? $90,000 seems a little excessive to me.

      --
      "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    3. Re:Perhaps you are unacquainted... by mark-t · · Score: 1

      I don't need to justify that to you... if you want to go ahead and ignore the law on account of civil disobedience, go right on ahead, but don't expect the court to be terribly understanding about it.

    4. Re:Perhaps you are unacquainted... by Archangel_Azazel · · Score: 1

      However, big corporations are starting to use the laws *WE* have passed to give them an advantage. In fact, they IMHO hae started to abuse said laws. It took Black people how many years to get the same rights that corporations got in something like 5 years or so. I don't like the corps. either, and yeah...I do d/l music, mostly simply because I don't feel like paying 12.99 for a CD with ONE good song on it, what's the point? The only thing they care about is their profits. They don't care about you, me, or anyone else that gets in the way of the money. I have to wonder, just how far are people willing to go for someone who's express purpose is to relieve them of their hard earned money? I'm not willing to go very far at all. I'm one of those people who WOULD stop D/L'ing music when they stop bullshitting me about how much it costs them to produce yet another CD with Brittney singing the same shit over and over again. They get no quarter or sympathy from me, sorry.

      YMMV, this is all just opinion :P
      A.A

      --
      Your mind is like a parachute. It works best when it's been opened.
    5. Re:Perhaps you are unacquainted... by Chordonblue · · Score: 1

      No you don't have to explain your rationale - but it makes for a poor argument.

      --
      "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    6. Re:Perhaps you are unacquainted... by mark-t · · Score: 1

      You were asking me to justify the RIAA's position, not mine.

    7. Re:Perhaps you are unacquainted... by mark-t · · Score: 1

      I don't condone large corporations abusing existing laws to further their own ends, but in this particular case, on the subject of copyright law, the law exists in the first place for reasons I wholeheartedly support, and I do not believe any sort of reform is possible that would at the same time preserve the essence of what copyright is supposed to be, that is to protect the interests of the copyright holders.

    8. Re:Perhaps you are unacquainted... by aldoman · · Score: 1

      Ok, I can see your point for music. But what about for games or movies?

      I really feel bad for saying this, but ever since I've had broadband internet, I haven't bought a single game. I have saved at least a thousand dollars doing this, as in the period before this I purchased a lot of games. I feel really bad about this, and I often think 'hey, you know what I should do... buy xyz game which is good'. However, when it comes down to it, I have the choice of getting some new hardware or paying some bill or giving money for a game which I have already paid. Sadly, every single time the hardware or bill comes first.

      Same with movies.

      The other thing which is really putting me off buying a game or movie is that I get _more_ restrictions with the purchased item than I do downloading. I'd probably have to go through the same 'hassle' with a real game or movie that I do with ones I download (with the big exception that I don't have to leave the house to download).

    9. Re:Perhaps you are unacquainted... by aldoman · · Score: 1

      Second try, with a quote marks and a point to my comment :).

      Ok, I can see your point for music. But what about for games or movies?

      I've read many people write this before:

      "I really feel bad for saying this, but ever since I've had broadband internet, I haven't bought a single game. I have saved at least a thousand dollars doing this, as in the period before this I purchased a lot of games. I feel really bad about this, and I often think 'hey, you know what I should do... buy xyz game which is good'. However, when it comes down to it, I have the choice of getting some new hardware or paying some bill or giving money for a game which I have already paid. Sadly, every single time the hardware or bill comes first.

      Same with movies.

      The other thing which is really putting me off buying a game or movie is that I get _more_ restrictions with the purchased item than I do downloading. I'd probably have to go through the same 'hassle' with a real game or movie that I do with ones I download (with the big exception that I don't have to leave the house to download)."

      How on earth do you think the **AA react to this? Do they just sit down and think 'gee, oh well, let's let them off with this'?

      No. They have an obligation to have people to pay for their product. The internet has made it vastly easier for people to pirate, and while I don't agree with a lot of the action the **AA takes, you have to realise it _is_ sales lost. If you would of bought a game if you couldn't download it (even if it was for 'trial' purposes) then that is $$$ lost, even if you were an unhappy customer...

    10. Re:Perhaps you are unacquainted... by laughingcoyote · · Score: 1

      "No sort of reform?" So at very minimum, the time periods of copyright couldn't be reduced to 10-20 years instead of over 100? That wouldn't "preserve the essense" of what copyright is supposed to do? I must respectfully disagree. While I do not support copyright law whatsoever, it is entirely possible to reform copyright while preserving its original intent. I simply do not believe it is right to create artificial scarcity on a product which is not naturally scarce.

      --
      To fight the war on terror, stop being afraid.
    11. Re:Perhaps you are unacquainted... by mark-t · · Score: 1
      The amount of material that is over 20 years old that people ignore the copyright on is very low, so your argument doesn't even begin to actually apply, even if such a reform occurred.

      Now perhaps I wasn't clear in my post... I wasn't meaning to imply that no form of coypright reform is possible _AT ALL_ which couldn't potentially make copyright better (I think that the current copyright periods are too long as well), only that no reform is possible that can actually address the problem of piracy.

      But since you don't support copyright law in the first place, whereas I come from the stance of supporting it, it's not going to matter a heck of a lot what I say, is it?

  74. I have an idea by Jtheletter · · Score: 3, Insightful
    Let's just have all fines go directly to compensating the artists and production engineers, and only them, since they're the ones with the puppy-dog eyes that the music labels are telling us are starvng to death.

    I guarantee all lawsuits would stop within a month once the soul-sucking corporations stopped getting their infinite percent cut.

    It's a rant people, don't reply like this was a thesis statement, but seriously, when are we going to make them give up the "for the artists (children)" argument? I think if the court is going to rule in their favor it should also require them to publicly announce their true actions. Which are using the legal systems to prop up an outmoded business model and integrate profit margins that they otherwise would never have earned anyway.

    --
    -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
  75. Re:The industry needs to changes its marketing str by AK+Marc · · Score: 1

    Except you're not borrowing it. You're keeping it permanently. Which is exactly what you would have done had you gone to the store and bought it new or used.

    So, you agree it isn't stealing if I download it, watch it once, then immediately delete it. If that isn't the case, then there is no reason to bring up the "keeping permanently" issue as relevant.

    Had you actually bought the item you could watch it as often as you wished without incurring any further costs.

    You obviously haven't been paying attention to some of the methods they've been selling works. Your assertion only works if they are selling a license-free copyrighted work. Many media distribtors claim both licensing of works, as well as protection under copyright. Of course, one could logically claim they aren't violating the license when they download it, then claim they aren't violating the copyright by installing it. If they want to play in both worlds, they don't get to pick and choose the best of each and ignore their responsibilities. Remember, to claim the copyright protection they are looking for, they have to give the work to everyone first. They forget that fact, as, apparently, have you.

  76. What is the concept of value? What is a patent? by gelfling · · Score: 3, Interesting

    I bought a CD recently of 50 year old recordings. It hadn't been remastered or cleaned up in any way. I didn't special order order it but when I saw it I figured I'd never see it again. At any rate I'm the fool because I spent USD$23.95 + tax for a single CD. I'm left wondering though how many more fools like me are still around and what the fuck the record companies think the real world notion of value is? I mean, seriously - an old recording repressed to a CD with no post production, probably was sitting in the bins for 10 years and every 'artist' involved is probably dead by now. D'ya think the suits made their money on it, yet? Perhaps the only response we as consumers have is to try to press the copywrite owners into a patent-like situation where they get exclusive rights for a few years and then they lose all rights to the recording and we can do with it whatever we wish.

    1. Re:What is the concept of value? What is a patent? by Anonymous Coward · · Score: 0

      but what are the poor kids / grandkids of an artist supposed to do? how are they going to live? you mean they should get off their arse and get a job themselves rather than living on the work of a deceased relative? No that just isn't right, people have a basic human right to not do anything!

    2. Re:What is the concept of value? What is a patent? by Anonymous Coward · · Score: 0

      Perhaps the only response we as consumers have is to try to press the copywrite owners into a patent-like situation where they get exclusive rights for a few years and then they lose all rights to the recording and we can do with it whatever we wish.

      Or MAYBE we can spare 0.0001% of what we spend in overpriced CDs and fund a R&D project with Bram Cohen (BitTorrent), Ian Clarke (Freenet) and others like them in it and then when we get our super-mathematically-proven encrypted and annonymous and superfast swarming P2P thingy done we can just start using it to make music and movies FREE and then we can finally tell MPAA and RIAA and lawyers in general that they are now OBSOLETE and that they can just FUCK OFF and DIE now?

      Why sweat with lawyers when you can bypass them technologically? Act now before RIAA and MPAA buy the Internet with their own money from lawsuits.

    3. Re:What is the concept of value? What is a patent? by malkavian · · Score: 1

      That's exactly what Copyright USED to be like, before the corporations started trying to extend it indefinitely..

  77. Re:OMG OMG by EllisDees · · Score: 1

    Copyright in its current form is broken. The system was originally meant as a way to enrich the public by giving authors a short-term monopoly on the distribution of their creations, after which they would fall into the public domain. The original intent is gone; copyright now exists only as a means to enrich the copyright holders and their grandchildren.

    Until the laws are returned to something reasonable (like the original 28 years with no automatic extensions), I will continue to freely flaunt these laws without a touch of guilt. If they are going to abuse the system, I'm going to ignore it.

    --
    -- Give me ambiguity or give me something else!
  78. hmm scary by real_smiff · · Score: 4, Informative
    Fifteen of the 23 used the Kazaa peer-to-peer network, four used Imesh, two used Grokster, one used WinMix and one was on BearShare.
    First observations: no ed2k, no soulseek there. these are still fairly mainstream/'newbie'/old networks. all of these allow you to see a list of someone's shares? i wonder where else they're monitoring/know about - there's a lag in their learning about the newest trading methods, but there's also a lag in this sort of news getting out, so it's tricky to know.

    Some questions i'd like answered:
    What kind of music (artists, genres, labels) were they sharing?
    Why were they singled out (uh, awful pun)- sharing >x000 songs on a fixed IP for > x days?
    Are the IPs of these british organistions listed in anti-anti-P2P blocking lists? i can bet these people weren't using any blocking, but would it have helped is another question.. proper anonymous music trading networks anyone?

    "Some parents have been genuinely shocked to discover what their children have been up to
    yeah, there's always a quote like this. trying to make it sound so righteous. What about the parents who said "wtf, you're extorting 5 grand out of us for what?" they never get quoted.

    "we have attempted to reach fair settlements where we can".
    What attempt. It's pay a huge fine*, or go to court and risk paying a really huge fine. It can't be a deterrent and be fair. So admit it: it's not fair to the people caught, but you're desperate to scare people. I trust the next BPI press release will show how much the artists got from this (yes, sarcasm).
    *and admit you've been naughty and promise not to do it again, of course. whatever that means.

    "28 IP addresses and it was later discovered that two people accounted for four IP addresses on their list"

    interesting, the fact that two people out of such a small pool were caught *twice* suggests they are looking for something very specific, like a particular list of songs (e.g. counting the matches, then taking the IPs of those with the most?). i'm guessing that these were people with dynamic IPs, rather than those sharing e.g. at home and at work.

    Well i've been expecting this to happen in the UK - really, i'm amazed its taken until 2005 - and i always said "fuck it, safety in numbers" but i have to admit it is slightly scary to know you could get caught... i guess carrry on with the indie music, people! (and you know, buy some; just don't support the pigopolists, either by buying their music, or getting caught and really funding their lawyers.

    btw, do they actually have to listen to your songs to see if they are the material as named? if so, maybe having a max-uploads-per-IP in the client would help you not get into trouble, as well as being fairer, spreading things around?

    --

    This is my Sig, this is my Gun. One is for Slashdot and one is for Fun.

    1. Re:hmm scary by homgran · · Score: 1
      First observations: no ed2k, no soulseek there. these are still fairly mainstream/'newbie'/old networks. all of these allow you to see a list of someone's shares? i wonder where else they're monitoring/know about - there's a lag in their learning about the newest trading methods, but there's also a lag in this sort of news getting out, so it's tricky to know.

      The press release states that users of soulseek and ed2k are among the next 31 people to receive lawsuits.

    2. Re:hmm scary by Anonymous Coward · · Score: 0

      What attempt. It's pay a huge fine*, or go to court and risk paying a really huge fine. It can't be a deterrent and be fair. So admit it: it's not fair to the people caught, but you're desperate to scare people.

      The settlements are big, but compared to the ones demanded by the RIAA in America they're not particularly unreasonable. The article says that the average settlement was £2200 (around $4000), and all the people who were sued had pirated thousands of songs. So the settlement wasn't much more than the price they would have paid to download the songs legally.

  79. Re:The industry needs to changes its marketing str by squiggleslash · · Score: 3, Funny
    apt-get is so 1990's. Real music downloaders use Gentoo's Portage. What happens is when you download music with Portage, you compile from the source, musicians actually come into your home, play the music, recording it into your equipment, so it's optimized for your equipment rather than the usual generic CD player.

    Usually this results in songs that take 5-10% less time to listen to. Excellent stuff!

    --
    You are not alone. This is not normal. None of this is normal.
  80. Re:OMG OMG by BackInIraq · · Score: 2, Insightful

    Until the laws are returned to something reasonable (like the original 28 years with no automatic extensions), I will continue to freely flaunt these laws without a touch of guilt. If they are going to abuse the system, I'm going to ignore it.

    I think this is the prevailing attitude around here, not the "music should be free" or "it's not stealing anyway." And this is why most of us don't really care much for copyright holders, especially of the music and movie persuasion.

    The second they started pounding nails into the coffin of fair use in the US (DMCA combined with CSS on video DVDs and all the various crackpot attempts to block copying on audio CDs), combined with extending copyright for such insane lenghts of time as to destroy the very idea of public domain (is anything in the public domain in the US? The Bible, maybe? And I hear Moses was filing for an extension...) has created the general "screw me? well screw you right back" attitude from the populace.

  81. Re:The industry needs to changes its marketing str by Potatomasher · · Score: 1

    "When will the record companies learn, if they price there product in an affordable price range, people will buy."

    People keep saying that ... however a CD (in Canada) right now is around 12$ at futureshop. Is that really overpriced ??? What else can you get for 12$ nowadays. I mean, go for lunch at Burger King or McDonals and you end up paying around 8$. Isn't it worth paying 4$ for an album that you'll keep listening over and over ?

    And now i'm sure you're gonna say "12$ is not worth it for all the crap that's out there". Yes there is a lot of crap. But that has nothing to do with the issue. There's still plenty of good album that are worth paying 12$ for.

    As far as i'm concerned the issue is not the price of the albums, but more how the record labels redistribute that money to the artists, etc...

    --
    A million monkeys and this is the best sig they could come up with...
  82. Downloading is Legal by Anonymous Coward · · Score: 0

    Copyright law is to prevent publishing of works, you can download and listen just as you can listen to something being played on an pirate radio station.
    Uploading, Republishing works on CD or VInYL, remixing, playing music in public spaces, running a pirate broadcast network is illegal.
    Leeching is legal, Pir8s are leet or sued

  83. Your wrong - Downloading is legal by Anonymous Coward · · Score: 0

    Copyright protects the publishing rights - notice they are suing uploaders.
    Downloading is legal same as listening to someone elses CD.
    There is a natural right to not be excluded from the culture that surrounds you, copyright is a time limited monopoly given to publishers to encourage art and eventually enrich the public domain.

    1. Re:Your wrong - Downloading is legal by Macadamizer · · Score: 1

      "Downloading is legal same as listening to someone elses CD."

      You can keep saying this over and over, but in the U.S. at least, it just ain't true. Downloading is NOT legal -- read AMG v. Napster, it's pretty clear that the court holds both uploaders and downloaders responsible for copyright infringement. It may be true in your home country, but it is not true in the U.S.

      "Copyright protects the publishing rights "

      Publishing rights (in the U.S., at least) are just one of the six standard rights you get with a copyright -- not the only one:

      106. Exclusive rights in copyrighted works

      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

      (1) to reproduce the copyrighted work in copies or phonorecords;

      (2) to prepare derivative works based upon the copyrighted work;

      (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

      (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

      (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

      (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

      --

      "That's not even wrong..." -- Wolfgang Pauli
  84. It was just an excuse.... by Anonymous Coward · · Score: 0

    I think quite a few people said that, but only did so because they figured that there was no way the RIAA/MPAA/etc would go through with it. They were more concerned with downloading warze then the legal uses of p2p.

    Now that they are taking this route, the greedy little freeloaders are scared and feel more threatened. Thus they are more vocal then those of us that are glad the RIAA/MPAA/etc are going after those abusing P2P.

  85. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    If you hate people so much, there's a solution: KILL YOURSELF. Fucking asshole.

  86. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    I don't keep them permanantly. I keep them until I have a hard disk failure. Then I return them.

  87. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    When will the record companies learn, if they price there product in an affordable price range, people will buy.

    Apple are selling songs for 99 cents. And people are still copying those exact same songs illegally over all the file-sharing networks.

    Looks to me like the product is already affordable, and a lot of people still aren't buying it. Maybe you pirate-apologists have as much to learn as the record companies.

  88. You miss the point by Anonymous Coward · · Score: 0

    Claim its "not stealing" is an easy way to get modded up to +5 Informative by rawcocked mooks who slavishly subscribe to any ideaology that anonymously provides them with free porn.

  89. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    The popularity of iTunes says that people are willing for pay for downloaded music.

    The continued existence of widespread music piracy, in spite of the ready availability of downloadable music at a negligible price, at a quality good enough that 99% of the population are physically incapable of telling the difference from a live performance, and under terms and conditions that permit the vast majority of what people actually want to do, begs to disagree.

  90. Wrong they are doing both by Anonymous Coward · · Score: 0

    er, Grokster in the 9th circuit...

  91. Re:The industry needs to changes its marketing str by ALpaca2500 · · Score: 1

    what the hell are you talking about? if you pay more than $15 for a CD, you're an idiot. if you can't find CDs on sale for $10-12, you arent looking hard enough. hell, go onto amazon, find a $15 CD, and click "buy new or used for as low as $x.xx, i have bought several brand new (still in the wrapper) CDs for under $10.

    DVDs cost anywhere from $15 to $30 for a new movie release, $30 to $60 (or more) for one season of a tv show, and while similar deals can be found for DVDs, no, you cannot buy 2 DVDs for the price of one CD, unless they are the DVDs in the bargain bin that nobody wants, and you are paying full retail price for CDs (in which case you are retarded.)

  92. Re:The industry needs to changes its marketing str by Anonymous Coward · · Score: 0

    You can't deprive someone of "potential revenue", because they never had it in the first place...

    I'm sorry, but if I am considering buying something and then change my mind and download a copy instead, it seems quite clear to me that someone has lost revenue. Because if I hadn't downloaded my copy, I would have paid them instead.

    It cuts both ways, see. If you want to argue that someone pirating something they would never have bought does not represent a loss, because they would not otherwise have bought the product, you have to concede that someone who would otherwise have bought the product does represent a loss.

  93. my solution by circletimessquare · · Score: 3, Insightful

    i haven't bought a single cd since 1999 when i started using napster

    many iterations of file sharing tools later, i'm on emule, and i have a simple solution to beating the riaa, et al:

    i embrace world music, i let my mind wander

    currently, i'm into filipino music (i live in new york city)

    the thing to do is is to expand your musical interests to things beyond the usual pop crap, and you are also therefore using the new file sharing technology to its greatest benefit: connecting with resources that otherwise would be beyond your grasp in the pre-interent universe

    embrace world music, screw the pop crap, and you win two ways:

    1. you won't be on the riaa's radar

    2. you'll grow new brain cells as you develop an awareness of a world beyond your nation's borders

    there really is a lot of good stuff out there that isn't the usual robbie williams or britney spears crap

    free your mind and give the bastards who want to market you sugar water the finger in the process

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:my solution by quintinie · · Score: 1
      ... embrace world music, screw the pop crap ...
      Exactly!
    2. Re:my solution by Anonymous Coward · · Score: 0
      ok..
      #1. I doubt many people here listen to either of the 'artists' you mentioned.


      #2. It does not matter whether or not the artist you are downloading are a huge name or not. Most bands you can possibly think of are under the RIAA, (or their British counterpart).


      #3. World music sucks.

    3. Re:my solution by n3tfury · · Score: 0

      "i haven't bought a single cd since 1999 when i started using napster."

      *golf clap*

    4. Re:my solution by kraut · · Score: 1

      So, do you feel really good about not compensating poor third world artists either?

      Sorry, not paying poor artists does not make it better than not paying rich artists/companies. If you're into world music, buy the CDs. By all means sample it via filesharing, but then actually go & buy the CDs,

      --
      no taxation without representation!
  94. Sue for Misuse of Language by xoboots · · Score: 3, Insightful

    "We are determined to find people who illegally distribute music, whichever peer-to-peer network they use, and to make them compensate the artists and labels they are stealing from."

    If anything, it is the labels / artists who should have to pay fines everytime they rattle off phrases like that. I bet they don't use that sort of language in court. No one is stealing anything from anyone. There is no property that is being exchanged, nor has anyone's actions resulted in someone somehow losing any material item. They make it sound like every d/l song is a lost sale and that a lost sale should be counted as an asset. Maybe at Enron, but that's completely bogus.

    What is happening is that people are illegally infringing on the labels / artists right to distribute (ie. copy) said material. That is not stealing. If someone goes into a library and photocopies an entire copyrighted book, they are infringing on the copyright owner's right to issue copies; however, that does not compare to the person who goes into a bookstore and removes from the bookstore, without paying, the same book. THAT is stealing! Both are committing an illegal activity but they are exceptionally different in character.

    Besides, copyright is a stupid law to begin with.

  95. Sweet Revenge by ballpoint · · Score: 1

    A company responsible for managing author's rights in Belgium is under judicial scrutiny, and searches have been performed in their offices this morning.

    The accusation is that they've been stealing (yes, really stealing, not just infringing) money that was to be distributed to the authors.

    While they're innocent until proven guilty, I wouldn't be surprised if they are guilty. A customer, who was playing an original work of mine, was harassed by them. One of their official representatives stated under oath that they managed the rights of my work. Not so.

    The issue was cleared up quickly, but I should have filed charges for perjury.

    --
    Flourescent (adj): smelling like ground wheat.
  96. How do they know... by FinchWorld · · Score: 1

    ...who to go after? Yes they can snaffle your IP and contact your ISP, but thats surely where the stinky stuff hits the fan, surely anyself respecting ISP would tell them to reproduce with themselves and read the data protection, because I'm pretty its illegal to hand over the details of the user, especially as they are suing straight off and not even trying to press criminal charges, where there might be some merit to ignoring the DPA.

    --
    "I may be full of crap about this game, and I may be wrong, and that's fine." -Jack Thompson
  97. Re:I think I speak for many UK residents in asking by payndz · · Score: 1
    Limewire wasn't mentioned in TFA. Ha! Safe!

    Seriously, though, according to TFA, they're going after uploaders (sharing thousands of files) rather than downloaders. For the time being, at least. So my quest to find a decent MP3 of Love Affair's 'Everlasting Love' can continue for a little while longer.

    [glances around nervously] Er, I hope.

    --
    You must think in Russian.
  98. Record sales aren't going to improve? by Inhibit · · Score: 1

    FTA: "Record sales aren't going to improve until the BPI or the RIAA stop stuffing crap down our throats"

    Actually, record sales have increased in 2004. The whole decrease was rather debateable, since that was only full on on-a-CD-through-retail sales that are getting quoted, not total product moved.. nevermind digital album sales.

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  99. If people can't buy, what option do they have? by IIH · · Score: 1
    When will the record companies learn, if they price there product in an affordable price range, people will buy.

    Not to mention, when it makes products people will not buy, it should not blame lack of sales on other reasons.

    Case in point, there are several CD's on my Buy list, that are "copy corrupted", which I will not buy until they come out in CD-DA format. (As they can no guarantee that the will work on all CD equipementI own, or will own in the future). I have no doubt that all "loss of sales",including mine, they have attributted to "pricey" (typo, but it's an accurate description). What I've done is gone to every record store in town, picked up all the CD's I would have bought, went to the counter, and asked for a "real" CD of them. When they couldn't give me one (and it got a lot of confused faces) I said I could buy them because they were an inferior product, and a lost sale, and left the store. (let them re-stock it) Only Virgin took any notice, HMV couldn't care less. HMV onloline don't even label the defective CD's (amazon do) which I'm considering reporting to the ASA) (If you're not in the UK, don't worry about the TLA's :)

    --
    Exigo spamos et dona ferentes
  100. Re:OMG OMG by Anonymous Coward · · Score: 0

    I steal music, I steal software, I would steal your skanky girlfriend given the opportunity. I would probably even steal your Mum. Fuck off.

  101. Copyright Infringement. Not Right, but Not Theft. by Anonymous Coward · · Score: 0
    Well, if it helps you sleep at night by rationalizing your unethical stealing of copyrighted property ... *SNIP*


    "Steal copyrighted property"?

    Isn't what is going on duplication? That sure is what is going on from what I see, the crime is copyright infringement and not theft. No matter how you try to make any kind of quazi-legal terms, the purely legal terms always hold out in a legal deabte. Theft is in the U.S and U.K, the felenous removal of property from somebody's posession, depriving them of that. Since by copying we do not remove property from somebody, it is only logical that the crime can be called illegal copying.

    The crime isn't right, but it isn't theft.

    By saying "copyright infringement is a form of theft" you are commiting doublespeak, and if you believe that firmly in your beliefs, doublethink. Simple, and easy.
  102. The real problem in all this by mdarksbane · · Score: 1

    Is someone steals my CD, I have to convince the police its worth prosecuting, and they get due process and a court-appointed lawyer and whatnot.

    If a random corp decides to sue me for "stealing" a CD's worth of music, there's no way I can actually afford to go to court, and so they get an instant $2k off me, whether I was guilty of the crime or not.

    When the mafia does that they call it racketeering. I'm just waiting for someone to get that actually decided on in court.

    1. Re:The real problem in all this by Farmer+Tim · · Score: 1

      "When the mafia does that they call it racketeering. I'm just waiting for someone to get that actually decided on in court."

      The validity of copyright has been decided in court, and that's the precedent they use as a basis for out of court settlements, which are sanctioned by the US legal system. And this is the point: a legal activity (prosecuting copyright violators), being conducted in a manner approved by the courts is not illegal; making it so in this case would involve striking down either copyright law (legislative powers beyond a judge's level), the settlement system (legislative again? I don't know), or finding against existing case law.

      --
      Blank until /. makes another boneheaded UI decision.
    2. Re:The real problem in all this by mdarksbane · · Score: 1

      Has anyone taken these actual cases all the way?

      I realize that copyright has been tested, I'm just curious what most judges would actually rule when they sue a college student for $4 billion.

      Mostly, it'd be nice to see some legislative reform, but that's never going to happen.

    3. Re:The real problem in all this by Farmer+Tim · · Score: 1

      "Has anyone taken these actual cases all the way?"

      No, which is why I call bullshit when people claim that file sharing is "civil disobedience". Stupid laws don't change until a court calls them stupid and refuses to enforce them, or a draconian example of enforcement changes public opinion. When someone has the balls to stand up in court and say "I share files, bite me, your honour", I'll buy it, but until then...

      "I'm just curious what most judges would actually rule when they sue a college student for $4 billion."

      They'd probably award a lower amount of damages than the claim to something affordable by mere mortals; five digits, perhaps? This amount could be further reduced on an appeal, as often happens. However, the penalties for copyright violation are (IIRC) proscribed as part of the law, so the judge may not be able to go below a certain point, in which case they'd most likely add a comment that the defendant would have been wiser to opt for the settlement.

      I understand your question was about the legality of using what appears to be stand-over tactics, but my point was out-of-court settlements are enshrined in the American legal system. Of course, the record industry is under no obligation to offer a settlement (or even send C&D notices for that matter), they could just go straight to trial and hit the 14-year-olds and grannies with the full penalties plus lawer fees, which would probably result in more case law in the **AAs (et al) favour, making future cases harder to defend.

      "Mostly, it'd be nice to see some legislative reform, but that's never going to happen"

      Agreed, and agreed :(. I think it is going to take a major wrongful suit to induce reform, and the record industry has so far been very careful about retracting suits that could be contentious (Prof. Usher and the dead granny, to name two examples). A succesful suit for barratry or vexatious litigation would put a huge dent in their position, and that's something they'd want to avoid at all costs.

      --
      Blank until /. makes another boneheaded UI decision.
  103. Re:The industry needs to changes its marketing str by fishmasta · · Score: 1

    Assuming you have thousands of friends and none of them expect you to return their movie.

  104. Re:I think I speak for many UK residents in asking by soliptic · · Score: 2, Insightful
    Oh yeah... RTFA, I didn't think of that! ;-)

    Fifteen of the 23 used the Kazaa peer-to-peer network, four used Imesh, two used Grokster, one used WinMix and one was on BearShare.

    Looks like slsk is still below their radar (unsurprising, being 99% dedicated to non-major label stuff).

    The trouble with the "they only go after uploaders" theory is that p2p stops working if people stop sharing. You can't say "it's alright, we can still get away with downloading", when nobody dares make their files available for you to download.

  105. Re:The industry needs to changes its marketing str by Arathrael · · Score: 1

    No it doesn't. People clearly are willing to pay for downloaded music, because they do. If they weren't, they wouldn't. The continuing existance of 'piracy' doesn't disprove that statement.

    I think part of the problem here is the habit people have of thinking in black & white. This isn't an either/or situation. People can both buy AND copy, and I suspect that's what a lot of people do, they both buy some music and then they download some, or get a copy from a friend, etc.

    Why do they buy some and not others? There's the argument of quality, but I suspect it's more often because they don't have unlimited money. You say it's available at a 'negligible price'. Well, as the saying goes, 'a penny is a lot of money - if you don't have a penny.'

    I think the real situation is that people are quite willing to pay for music at whatever price - but they may well quite like to have more music than they're willing, or able, to spend money on - so they'll just buy less and copy more if it's more expensive, and vice versa.

  106. Sue the MPAA by grrang · · Score: 1

    I wonder if we could initiate a class action suit against the RIAA and claim compensation for every CD they have sold because we recommended it to a friend or let them listen to a track?

  107. Re:The industry needs to changes its marketing str by zotz · · Score: 1

    Yeah but dude, if you have a slow machine it could take all day while they compile/rehearse the music.

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  108. BPI... by eboot · · Score: 2, Informative

    I have a family friend who works in the music industry today who spoke to the BPI after receiving a letter detailing what the BPI was doing and how they were suing people who held copyrighted material that his company was involved with. In a telephone conversation he had with a representative of the BPI he inquired as to where the money was going to. Originally the BPI replied 'the artist' but on further inquiry they admitted that the money was going to be used to... sue more people!!!!

    --
    Two tears in a bucket. Motherfuck it.
    1. Re:BPI... by Anonymous Coward · · Score: 0

      mod this man up! I want to see +5 Informative!

    2. Re:BPI... by Anonymous Coward · · Score: 0

      yep me too .. modup!

  109. its not theft dammit by nurb432 · · Score: 1

    Its copyright infringement..

    --
    ---- Booth was a patriot ----
  110. Sued by nurb432 · · Score: 1

    You can be sued by anyone, for anything.

    The question is, can you afford to fight it and not just give up and pay the man.

    --
    ---- Booth was a patriot ----
  111. Screw them by nurb432 · · Score: 1

    Personally, i dont care a bit. I used to care.

    They have brought this upon themselves.

    They have ( are ) treated customers like criminals.

    They have ( are ) manipulated the market illegally.

    Fuck them. Copy it all. They can all rot in hell.

    --
    ---- Booth was a patriot ----
  112. your bases... by stacybro · · Score: 2

    and your trebles are belong to us.

  113. Americans are hypocrites by Anonymous Coward · · Score: 2, Insightful

    It is totally American to steal copyrighted content. The entire country was founded on it for goodness sakes. Prove me wrong. Did the US pay Britain for the land they essentially took? No of course not. Did they pay for all the books they copied, etc? No of course not.

    In fact America was literally founded off of stolen technologies from Britain and other countries and that includes music. Now that other countries are doing it to them or are the average joe is following in their own illustrious footsteps they whine and complain and make laws to prevent exactly what there is a historical precedence for.

    Here's something for you. What the RIAA and the MPAA are doing is totally UN-AMERICAN and flies in the face of what made the country the nation that it is today.

    1. Re:Americans are hypocrites by dave420 · · Score: 1

      Exactly. The space program - Nazi scientists. Supersonic flight - British avionics. Nuclear bombs - Britain/Germany again.

      It seems the American dream is hypocrisy.

  114. Re:OMG OMG by Anonymous Coward · · Score: 0

    hows it feel to be a brainwashed tool?

    i was just wondering if it felt at all like being gay - which you also seem to be

  115. More like go into debt by Reziac · · Score: 1
    --
    ~REZ~ #43301. Who'd fake being me anyway?
  116. Re:Why didn't the parents fight? (-0.5 off topic) by Anonymous Coward · · Score: 0

    It's just an 'accountablility' thing. They love that here.
    They've even suggested locking up parents if their children don't go to school enough.
    Yes, going to school is a good thing, but if the child won't go I don't see how locking up the parent will help.

  117. Another "Me too" post by rbarreira · · Score: 1

    Same here... And several times in a row :)

    --

    The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
  118. Re:The industry needs to changes its marketing str by Deliveranc3 · · Score: 1

    $300 Million sold $83 Million profit.

    THOSE ARE SOME DAMN EXPENSIVE SERVERS, iTunes isn't going to help, it's allready totally messed up and it's just going to get worse.

  119. your not the only one by Anonymous Coward · · Score: 0

    there seem to be a few of us........ ?

  120. Not the MPAA, but FACT & BVA might by NoMercy · · Score: 1

    Here in the UK the people who are likely to be involved in the clampdown are the British Video Association http://www.bva.org.uk/ and in particular the Federation Against Copyright Theft (FACT) http://www.fact-uk.org.uk/ though most of there work is stopping the production of illegal copies of DVDs for sale.

  121. Re:OMG OMG by lew3004 · · Score: 1

    I believe the reason so many people on this site make that difference is because there is one. The legal system is defined by laws, which are usually written by lawyers for lawyers. There's a certain degree of ambiguity to the usual "layperson", however the ramifications and penalties of certain actions or violations can be immense; depending on the definition of the law. If there's an interpretation problem with that law there's also an appellate process with specialized courts set aside for this up to and including the Supreme Court for literal interpretation and basic civil conformance to the intent of the Constitution. To that extent, many people posting here believe (at least morally) that theft is not the same as infringement, nor should the penalties be equal. The actual law states there's a difference because legally they remain two separate entities. However, by introducing severe civil forfeitures rather than actual criminal penalties tends to muddy the waters. People (not being lawyers) tend to equate the two; for example: in my state if you are convicted of a second offense drunk driving the fines and penalties are considered criminal up to and including $1000 and 30 days in jail. Compare that to a civil proceeding, which is not criminal and the fines can START at $1000 per song. Perception, yes, however the penalties are still not inline with the rest of the judicial process and are arguably the byproduct of big money chasing a cause in the House and Senate. Either way, I think that's why people get so passionate on the subject. If the government is going to hold me responsible to abide by its laws than they better define them exceptionally well. Vice verse as a "layperson", you better educate yourself on those same laws so you know what the hell you're talking about when the situation arises. I think this is one of those times.

    --
    I still can't get the screen shots of Castle Wolfenstein for the Apple IIe out of my head.
  122. Re:Last artist I ASKED where to buy her music from by eboot · · Score: 1

    Do you think you could counter-sue the BPI/RIAA/WFCWFC (Whateverfuckingcompaniesinwhateverfuckingcountry) if they sued you for downloading her song because she told you to?

    --
    Two tears in a bucket. Motherfuck it.
  123. Re:The industry needs to changes its marketing str by xtracto · · Score: 1

    I seriously think that the problem is the *AA are trying to focus the problem in a way better to them.

    This is, every time I read that making a copy of some copyrighted material is illegal or about how sharing a file is Illegal and all the similarties that people try to find with other "Real Life" examples like this Wall Mart example, I think they are all wrong.

    I personally think that, the way music/video and EVERY other kind of information should be treated is like books.

    You see, before Internet was broadly adopted as medium for trading copyrighted material THE place where you could get some of those CD's, videos or other places where libraries, same as books (I personally use P2P networks to get books).

    Now, when you go to a library, lets say you get a book, you dont pay anything. In Mexico, you can take that book to a stationary shop and ask them to copy it (all of it, from cover to cover) I dont know if it is not legal but, anyway you can do it.

    IIRC, in the US they can not do that, but you can ALWAYS go to your house, turn on your Xerox (or scanner/printer) and make a copy for yourself.

    I am going to the main point now, if instead of a book, I get a CD, what is the difference? I guess there are libraries with lots of musical material (and here in the UK, my library has lots of videos, which I can get and RIP).

    Now, the *AA's are suing people who is sharing that material, but according to that, shouldnt they sue libraries to? they are sharing more than a lot of people! maybe its not online but, it IS the same.

    It is up to you, if you go there and get the movie, and you can always copy it and return it so as someone else said, no one loses anything because at the end you wont copy it.

    So, what if for example, I open a "Digital Library", with all the "E-books", some videos and audio available. What is the difference between that an the normal library? In that library, I offer all those books and everything for free (I have paid for all and everyone of them, as libraries do or maybe someone who owned the e-book, cd, etc donated it).

    So, I am not doing anything bad or am I?
    Any user could come to my library and get whatever item is currently available.

    For me that raises another question. If in that library I have music, and well, I buy a some music from iTunes, and I want to make it available, I cant do it can I?.

    And, one last thing is, when I buy a CD/DVD I watch it, and after several plays, I can sell it. What if I buy a CD in iTunes?? I again, can not do that (at least I cant but if it is possible, correct me).

    This gives me an Idea, ok, imagine I buy a CD in iTunes, and listen to it, but at the end, i dont like it. What should I do with MY cd? I dont want it, I want to sell it, so, could I go to Ebay and sell it?

    Because all o the things I mentioned before and others I think what this **AA just wanting to screw the people. And personally think that record labels are also trying to screw musicians, and they should be independent (something as that Stinger thing Valve did) and sell their music on the internet. At the end, they could sell their music directly via iTunes, allofmp3 or any other place without having to pay all the royalties to those darn corporations.

    Well, that where my $2 MXN.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  124. You are becoming someone's revenue stream. by awfar · · Score: 1

    Especially as you age; either the medical, the movie, or the music industry, or the local school and library district.

    It used to be when you aged, you had no wealth in general so no one bothered. But now they do.

  125. Re:The industry needs to changes its marketing str by xtracto · · Score: 1

    btw. sorry for all the spelling erros and horrors... here its 2:00 am... and I need to finish a frigging article =oS I guess I should not been reading /. at all

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  126. Uh...no by Anonymous Coward · · Score: 0

    "you can be sued as you are RESPONSIBLE and LIABLE"

    No, you are not.

    Can you point to any legal precedent for this flight of fancy?

  127. Is everyone such a asshat around here? by Anonymous Coward · · Score: 0

    "It would be a good idea to block p2p ports on your router."

    And which would they be, Einstein?

    This is pretty dumb. Its like you learned a little bit about TCP/IP that they have "ports" that I guess you figure are like those places where ships go and park.

    But then you get all fuzzy, but you do know you can block these port thingies. I guess so that ships can't get in?

    Or what exactly did you have in mind?

    Do you realize this is pretty much impossible to do without rendering your network useless?

    Oh wait, let me put it in a way you can understand:
    "The big ships can't dock in the port at all if you block them, and that would be bad!"

  128. STOP RIGHT THERE!!!!! by Anonymous Coward · · Score: 0

    " I don't know"

    If you stop right there, you'll be 100% accurate. If you add any more of those words, you'll be incorrect.

    So lets just agree that you don't know what you're talking about.

    You're welcome!

  129. Yes, but you're missing the key part by Anonymous Coward · · Score: 0

    Roadrunner is saying They (roadrunner) will hold you responsible for the connection. But that has nothing to do with the MPAA.

    I know this is hard for some of you kids to see the difference, but this is a significant difference from what you're suggesting.

  130. Thank god by famazza · · Score: 1

    Thank god I live in Brazil.

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  131. stealing by neko9 · · Score: 1

    ...and to make them compensate the artists and labels they are stealing from.

    and for 1000th time - unauthorized copying isn't stealing goddammit!!

    1. Re:stealing by Anonymous Coward · · Score: 0

      AMEN, BROTHA!

    2. Re:stealing by /dev/trash · · Score: 1

      How is preventing someone from getting to their money, NOT stealing.

    3. Re:stealing by Farmer+Tim · · Score: 1

      "How is preventing someone from getting to their money, NOT stealing."

      The logic, if I understand correctly, is that people only download what they ordinarily wouldn't pay for (or at least that seems to be the sentiment around here), and if a tune doesn't meet the listener's standards they're entitled to it for free.

      Since musical taste is an absolute value measured in internationally recognized standard units on thoroughly calibrated test equipment, it should be easy to establish in a court which files should incur fines and which ones shouldn't by the universal "I wouldn't have paid for it" test, rather than the existing unfair system that assumes that simply because someone actively went to the trouble of finding the file, downloading and storing it, they might actually use it.

      This is one of the great failings of the western legal system: this pathetic reliance on tangible evidence. Every day innocent people are sentenced for soliciting prostitutes, when in reality they "wouldn't have paid for it", so therefore it wasn't solicitation. These kinds of travesties of justice must stop, and it's heart warming to see so many slashdotters at the forefront of this important battle; once we eliminate those pesky rules of evidence, we can easily abolish the courts, lawers and prisons (at a huge cost saving) and move straight to summary execution by police, who will be trained to have the correct opinion on everything: mine.

      Anyone with comments or suggestions about my future vision of a world ruled by a ruthless dictator (me), please email tim_the_merciless@supremerulerofearth.org (damn, .com domains are expensive, but this too will change I assure you, my faithful minions. All right, minion. OK, cat...sheesh, pedants!), and your name will be added to my "list" for later...

      --
      Blank until /. makes another boneheaded UI decision.
  132. How do they pay the artists with the settlements? by VidEdit · · Score: 1
    "We are determined to find people who illegally distribute music, whichever peer-to-peer network they use, and to make them compensate the artists and labels they are stealing from."

    Really? I'd love to see how the settlement checks are disbursed to music composers. I'm sure that the audit determines exactly which songs were downloaded and then settlements are sent to the artists on a proportionate basis! Er, or suppose it is just possible all the money goes to the lawyers and the recording industry--Nah, that couldn't be the case...

    --
  133. Actually, the quote was edited from the original by clambake · · Score: 1

    It should have read:

    From the article: "We are determined to find people who illegally distribute music, whichever peer-to-peer network they use, and to make them compensate the... heh, the ar... hah ha ha ha ha, he hee hee, ha ha.. whew, excusee me. Ahem. Let me try again. Hee hee. Compensate the art HA HA HA ha ha, no no, let me finish, the artists, HA HA HA ha ha ha, ha ha hee hee hee, COMPENSATE THE ARTISTS HA HA HA, ha ha ha ha, artists, ha ha, compensation!,HA ha ha, hee hee, ha ha, ha ha, haha, ha... whew. ahhhh. heh. Ok, Compensate the artists and labels they are stealing from."

  134. Who are these people? by Anonymous Coward · · Score: 0

    I'd like to try and track down some of these people; so far all I've found is the BPI press release, where they give the initial letter for the surname only.

    It would be good to actually hear from some of these people (is there any chance they are stooges for the BPI?).

  135. Greed by Anonymous Coward · · Score: 0

    Another example of the sheer greed of the music industry. Record sales have actually been increasing in the UK in recent years - so they can't claim that file sharing is damaging their bottom line. This is amazing in the face of the growth of marketing driven, manufactured popular music, most of which is of a very low quality, and file sharing may indeed be partially responsible for helping to drive this profit growth.
    Personally, I believe that all music should be free. It is not a full time job to produce music, and if artists want to make a living from music, they can do so through sales of tickets for live performances and appearances. There is no excuse for the blatent fleecing of consumers by record company monopolies. The growth of an online distribution model will hopefully eventually relegate these greedy, bloated, self interested companies to history. I will never buy another CD. Taking legal action against your own customers is a counterproductive, foolish, and desperate action.

  136. "Ignorance of the facts" != "Ignorance of the law" by Gnavpot · · Score: 1

    additionally, if you didn't know you woudl still be held accountable because ignorance of the law is not a valid defense.

    You are confusing "Ignorance of the facts" and "Ignorance of the law". Ignorance of facts can be a very valid defence, depending on whether you ought to have known the facts.

  137. Re:BPI by Anonymous Coward · · Score: 0

    Given the very close-to-pornness of current music videos, is there really a difference?

  138. UK record industry by Quiberon · · Score: 1
    As far as I know there were no fines. Only courts can impose those. There were agreements; I think there was fear and intimidation; I think (though goodness only knows why) there were payments made by individuals who were not 'implicated' presumably on behalf of those who were.

    Interesting to see what happens if some of these cases come to court with someone like EFF taking the defence brief and standing the financial risk of losing. There is a significant public interest in knowing and understanding what the laws are. Meanwhile, BPI should quit saying they can enforce the law ; that's intimidation which is criminal ; only the courts can enforce the law. The BPI can bring evidence and representation before the courts, same as anyone else can.

    It would be fun to role-play this. In principle, the laws are set up by the Queen (as constitutional leader). I wonder if she had this outcome in mind for her loyal subjects. If not, I wonder if she'll change the laws. Copyright is a 'choice' thing.

    Music 'libre' at http://www.etree.org/ . They like it if you share. They won't sue their customers. Better model.

  139. Anyone can be sued for anything by pjc50 · · Score: 1

    You'll probably be OK if you're acting like an ISP, but you may well still have to go to court (mostly to prove it wasn't you).

  140. Problem: by Farmer+Tim · · Score: 1

    Only elephant seals accept penguins as currency, and they're way too ethical, polite and pleasant smelling to work in the music business.

    --
    Blank until /. makes another boneheaded UI decision.
  141. hey moron by circletimessquare · · Score: 1

    if it weren't for the filesharing, I WOULD NEVER BE EXPOSED TO THE ARTIST I AM LISTENING TO

    solve that quandry and get back to me with your holier than thou attitude

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  142. Its not file sharing dammit by Farmer+Tim · · Score: 1

    Its copying.

    Calling it "sharing" makes it sound cool, but it is an incorrect use of the word for exactly the same reason the use of the word "theft" is incorrect: you are not depriving yourself of anything for the benefit of others, you are not making use of a single communal resource, you are not apportioning resources, you are simply making a copy (theft is "sharing" someone else's resources without their permission). Copying is copying, sharing is sharing, the two do not mean the same thing, and that's why there are two different words.

    You can gripe about semantics all you want, but both sides are guilty of playing word games and being free with euphemisms. And if the definition of "sharing" can be flexible...sauce for goose...etcetera...

    --
    Blank until /. makes another boneheaded UI decision.
  143. Re:OMG OMG by Farmer+Tim · · Score: 1

    "Of course, there should be a legal equivalent of the Creative Common License"

    The CCL is simply an application of existing copyright law. In order to achieve the same effect with music, you just distribute a recording with suitable notices: instead of "Unauthorized copying prohibited, all rights reserved" you write "Unauthorized copying for profit prohibited without express consent of the artist, free for use in public domain works"; this is perfectly legal. Since copyright prevents only unauthorized copying and your terms specify when copying is permitted, you have granted a limited license to make copies under certain conditions.

    There is absolutely nothing that requires a musician to exercise complete control over a work, and in fact copyright guarantees an artist the right to release their work in whatever manner they see fit without control being usurped by a record company. It's not a question of the option existing, more a question of musicians adopting the idea.

    "Artistic expression, sometimes music, but especially computer programs, are inherently built upon past expressions"

    Sometimes music? Sometimes music? With the charts full of polished punks* and disco divas, I could have sworn I was back in the 70's, except people are wearing less brown. All forms of creative work rely on past instances for reference; music, art and literature, certainly, but programming...that's tricky. Most of what I learned 20 years ago is totally useless today (remember when bubblesort was the latest thing in programming? I do). I very much doubt anyone reaches for a FORTRAN manual when they're trying to debug Java**; writing machine code for a bare bones Z-80 is a world away from API calls. Considering the pace of change and the complete design philosophy shifts, I'd argue that prior expression is less important for computing than the arts***.

    Otherwise, I'd agree. Copyright durations are too long (though you don't want to make them too short, otherwise the **AAs will simply shelve works until the copyright has expired, neatly avoiding the whole issue of paying royalties at all). It is interesting that you believe the forms that have the highest input costs should have shorter copyright durations than paintings (the only field where the artist stands to gain more by dying than producing more work and often earns little recognition in their lifetime), though it's no surprise that those are also the most profitable endevours...

    *The punk version of "spit and polish" leaves out the last two words.

    **Unless they're a masochist or very, VERY drunk.

    ***Not putting anyone down, I just consider programming to be more of a science than an art, if only because its dealing with mechanical (electrical) cause and effect: in theory, the behaviour of a computer should be perfectly predictable, like any well constructed circuit (though if it was we wouldn't need computer science courses). That said, ever since Og first ground ochre into a paste to make mammoth pictures on the cave wall, art and science have been inseperable; you can't make art unless you can manipulate your environment, and the better you can manipulate the better your expression. And art inspires science: about the only device from Star Trek that hasn't been attempted is a warp core, and I'm pretty sure that's only because nobody has enough dilithium...yet...

    --
    Blank until /. makes another boneheaded UI decision.
  144. Re:The industry needs to changes its marketing str by neoviky · · Score: 1

    Yes, the analogy is absolutely correct, and should apply, but only in a perfect world. 90 percent of this copyright and digital laws which are there are only to protect the interests of the Corporates and not for the consumers or the musicians. You are also forgetting the difference in content in a Library vs. a Bookstore or Amazon.com. There is a huge difference there.

    Vicki

  145. Re:The industry needs to changes its marketing str by xtracto · · Score: 1

    Amazon==Bookstore != Library

    I think there is nothing confusing here, the Library does not sell information, it only lets the people get it.

    Now, I dont really know how the libraries work (about the law) if they have only to buy the books/videos/cds or they need to pay to have the "right" to share it with the citizens

    --
    Ubuntu is an African word meaning 'I can't configure Debian'