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UK Record Companies Suing File Sharers

WebHostingGuy writes "As reported by MSNBC, the first lawsuits were filed in the UK against file sharers trading songs." These are the first suits, after many others settled out of court. From the article: "Music fans are increasingly tuning into legal download sites for the choice, value and convenience they offer...But we cannot let illegal file sharers off the hook. They are undermining the legal services, they are damaging music and they are breaking the law"

265 comments

  1. Finally a law that has some teeth! by stratjakt · · Score: 0

    Get it, teeth?

    UK?

    Heheh

    Who cares. The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez.

    (UK people have ugly teeth, and big ears)

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:Finally a law that has some teeth! by Anonymous Coward · · Score: 0

      lol, what?

    2. Re:Finally a law that has some teeth! by Anonymous Coward · · Score: 0

      FIRST POST!

      thats what, bub

      who cares if they get sued for 100 pesos or rupees or whatever kind of money they use in UK.


      Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

      It's been 4 minutes since you last successfully posted a comment

      Chances are, slashdot sucks.

    3. Re:Finally a law that has some teeth! by Red+Samurai · · Score: 1

      UK people have ugly teeth, and big ears I guess you'd know because, of course, you've met all 60 million of them.

    4. Re:Finally a law that has some teeth! by daniil · · Score: 1
      The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez.

      Exactly. Why isn't anyone doing anything about all the bloody trolls sneaking into the country on cargo ships from Norway?

      --
      Man is a slave because freedom is difficult, whereas slavery is easy.
    5. Re:Finally a law that has some teeth! by Tackhead · · Score: 1
      > > The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez.
      >
      > Exactly. Why isn't anyone doing anything about all the bloody trolls sneaking into the country on cargo ships from Norway?

      How's this for a Norwegian troll?

      "As a Slashdot discussion grows longer, the probability of a Micro$oft shill making a comparison involving Linus Torvalds approaches 1"

      ("It's got beautiful bridgework...")

    6. Re:Finally a law that has some teeth! by Tim+C · · Score: 1

      The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez.

      Oh for fuck's sake, if I read or hear the Threat of Terror!!11! being used as an excuse for doing (or not doing) something one more time I'm going to throttle someone.

      Bigger problems my arse. We survived 20+ years of IRA bombing campaigns, we'll survive these Johnny-come-latelys perfectly well thank you very much. We don't feel the need to fall to pieces and invade a couple of countries just because someone thinks they can intimidate us; they're not the first to try and fail, and I dare say they won't be the last.

    7. Re:Finally a law that has some teeth! by Dun+Malg · · Score: 1
      "The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez."

      Oh for fuck's sake, if I read or hear the Threat of Terror!!11! being used as an excuse for doing (or not doing) something one more time I'm going to throttle someone. Bigger problems my arse. We survived 20+ years of IRA bombing campaigns, we'll survive these Johnny-come-latelys perfectly well thank you very much. We don't feel the need to fall to pieces and invade a couple of countries just because someone thinks they can intimidate us; they're not the first to try and fail, and I dare say they won't be the last.

      While I wholeheartedly agree that these latest clowns are rank amateurs compared to the IRA and aren't worth worrying about, I'd still maintain that the UK does have more important things to worry about than "Spice Girls piratez". The list of such things would include jailing Welsh parents who let their kids go truant, policing mistreatment of Scottish sheep, and forming contingency plans to keep Man Utd fans from busting the heads of too many Arsenal fans in the event they win the FA cup. Really, I challenge anyone to show how society's interests are better served spending public money going after MP3 traders than by engaging in even the three ludicrous examples above.

      --
      If a job's not worth doing, it's not worth doing right.
    8. Re:Finally a law that has some teeth! by Anonymous Coward · · Score: 0

      Best rant I've seen in weeks - and I've been reading hundreds.

    9. Re:Finally a law that has some teeth! by AussieVamp2 · · Score: 1

      What happened, they get evicted from under their bridges?

    10. Re:Finally a law that has some teeth! by Lucky_Norseman · · Score: 1

      We are deporting them for reasons of national security.

    11. Re:Finally a law that has some teeth! by michaelbuddy · · Score: 1

      No Joke and like American's can talk. Fat bastards.

      --

      ...::----::...

      I am in no way affiliated with this sig.

  2. No, not from the article by yellowbkpk · · Score: 2, Informative

    No, that comment was not "from the article". It was "from the Peter Jamieson, the BPI Chairman. Let's not go crediting MSNBC for writing incorrect articles.

    Also, here's a link that works in Firefox (MSNBC didn't load for me w/ Firefox): http://www.out-law.com/page-5967

    1. Re:No, not from the article by ndtechnologies · · Score: 1

      This isn't related directly to the above post, but...my question is how much of the money they are making out of suing people, will actually go back to the artists that created the music in the first place? If the record companies have a right to sue file sharers, then the artists should have a right to sue the industry for not giving them a portion of the money that the industry earns from suing file sharers...it's only fair right?

      --
      I have nothing clever to put here...
    2. Re:No, not from the article by Anonymous Coward · · Score: 0
      Let's not forget that WebHostingGuy is a Cisco Systems shareholder and supports censorship:
      Companies are out to make a profit not a political statement. Investors, i.e., the shareholders, want a monetary return, not a political return on their investment. As an investor in Cisco I would sell immediately if I knew Cisco was going to quit selling to one of the largest markets in existence because they were going to make a political statment.
    3. Re:No, not from the article by Anonymous Coward · · Score: 0

      Suck on the slashdot cock while I spill the nigger seed into your dads throat. Long live the music industry! If you have mod points and would like to support GNAA, please moderate this post up.

      GNAA bitches!

    4. Re:No, not from the article by Anonymous Coward · · Score: 0

      stfu faggot

  3. Haters want to hate, lovers want to love. by Anonymous Coward · · Score: 0

    I don't really want, none of the above.
    I want to pee on you.

    8======D~~~~ ~~ ~

  4. At last!!!! by Anonymous Coward · · Score: 0

    A ham radio article on Slashdot!!!! woohoo!

  5. Oh no! by Anonymous Coward · · Score: 0

    Companies actually looking to be paid in a CAPITALIST society! They must be brought down!

    1. Re:Oh no! by Anonymous Coward · · Score: 0

      Companies looking to be paid OVER AND OVER AGAIN for the same damn work because of a government-granted monopoly on copying. Yes, in a capitalist society, they must be brought down.

      Artists should work on commission, and record companies sell CDs at the marginal cost of production. FREE MARKET. FUCK COPYRIGHT.

      Artists, should, however have "Moral Right" (recognised in europe anyway) to be recognised as the author of a work. Passing off someone else's work as one's own is fraud and plagiarism. We don't need copyright law for that to be illegal.

    2. Re:Oh no! by Macadamizer · · Score: 1

      Artists should work on commission, and record companies sell CDs at the marginal cost of production.

      Telling people how they should earn a living and telling a corporation what their profits should be is SOOOOO free market!

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:Oh no! by Tim+C · · Score: 1

      Telling people how they should earn a living and telling a corporation what their profits should be is SOOOOO free market!

      Hey, this is slashdot, where we believe in Freedom - the Freedom to subscribe to exactly the same ideologies as we do, or be vilified. Where the rich record companies should abandon their dying business model and move with the times, while techies should fight outsourcing tooth and nail to hang on to their highly-paid jobs.

    4. Re:Oh no! by Anonymous Coward · · Score: 0

      I believe the GP was arguing that the concept of copyright should be eliminated(or, in his own words, "fucked"), and that the state he described would be the "natural" state of the economy following this.

      The strength with which the assumption is made smacks slightly of utopian anarchism to me: it is no more inherently believable than the RIAA's scenarios for a future without copyright.

      Personally, I tend to think that the free market, as implemented in society as of today, has proven itself not to be particularly well-suited to the distribution of easily-replicated goods, and that we certainly shouldn't dismiss potential solutions to this situation because they are not ideologically compatible with the free market.

    5. Re:Oh no! by Macadamizer · · Score: 1

      I believe the GP was arguing that the concept of copyright should be eliminated(or, in his own words, "fucked"), and that the state he described would be the "natural" state of the economy following this.


      I know -- I just couldn't resist the obvious issue in the poster's comments...

      The strength with which the assumption is made smacks slightly of utopian anarchism to me: it is no more inherently believable than the RIAA's scenarios for a future without copyright.

      Personally, I tend to think that the free market, as implemented in society as of today, has proven itself not to be particularly well-suited to the distribution of easily-replicated goods, and that we certainly shouldn't dismiss potential solutions to this situation because they are not ideologically compatible with the free market.


      I agree 100%.

      Besides, in a truely "free" market, we wouldn't have minimum-wage laws or labor laws either -- I mean, what business does the government have telling an employer and an employee how they have to structure their working relationship! A free market would allow freedom to contract -- but I would be that the original poster, along with most others, would be unwilling to give up minimum wage laws and other labor laws because they want a "free" market. You hit it dead on -- there are some things that a free market doesn't deal with very well (at least over the short term -- maybe it would all settle down eventually) and we accept some limitations on the free market to make everything work more smoothly...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    6. Re:Oh no! by Anonymous Coward · · Score: 0

      Actually, I am the OP (though as I'm posting AC, you've no reason to trust me on that) I am in favor of abolishing minimum-wage laws and "contracts OF service" (as opposed to "FOR") totally, as it happens.

    7. Re:Oh no! by Macadamizer · · Score: 1

      Actually, I am the OP (though as I'm posting AC, you've no reason to trust me on that) I am in favor of abolishing minimum-wage laws and "contracts OF service" (as opposed to "FOR") totally, as it happens.

      Then I certainly give you points for consistency!

      --

      "That's not even wrong..." -- Wolfgang Pauli
    8. Re:Oh no! by Anonymous Coward · · Score: 0

      It's a question of rights vs power. Minimum wage laws protect your rights to earn a living that does not leave you hungry and even leaves some time to pursue happynes. Copyright on the other hand gives copyright holders power over how other people use their property (both copies of a work and copying equipment) without any benefit aside from even more mainstream shit that is marketed like the next comming of Jesus and Allah together. Shorten the copyright -- I want to see more of early "borrow from public domain" Disney instead of current "milk the parents" Disney.

    9. Re:Oh no! by 0111+1110 · · Score: 1

      Minimum wage laws protect your rights to earn a living that does not leave you hungry and even leaves some time to pursue happynes.

      I don't know what country you're from, but here in the States min wage laws have never done a goddamn thing. They follow along with market wages always so low that they are irrelevant. If you really want to see what minimum wage laws can do, raise 'em above the market minimum wage. I mean, Duh! Never gonna happen though. Our corporacracy wouldn't allow it.

      Economic theory states that, although it would indeed raise the wages of the poorest (legal) folks who already have jobs, it would also raise unemployment. You would see more downsizing at the lowest levels. That's my biggest concern actually. I'm 35 and I can't find any job. At any wage. Where I live the problem, I think, is a kind of reverse racism. Brasilians have moved here in droves (something wrong with Brasil?) and have taken all the shit jobs that I would normally qualify for. Applying for a job as a dishwasher or laborer you might as well be applying for a job as CEO of IBM. Brasilians here have risen to managerial positions and given the choice to hire someone from their own country who speaks fluent Portugeuse, who do you think they pick? Maybe they also figure that as a native I can do better than the shit jobs. I have now reached the conclusion that I am basically unhireable. Period. Not what I thought the world would be like when I was a kid. I wonder if I could find a job in Brasil...

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  6. They'll never stop us all by Anonymous Coward · · Score: 0

    If greed-driven artists and record companies think a few lawsuits can stop the masses from exercising our free right to share media they have another thing coming.

    The lawsuits might be coming on strong, but file sharing has been growing steadily regardless. They may have the lawyers, but we have the numbers.

    Support Fair Use! In fact, first thing after school today I'm going to go buy a CD, and rip, rar, and torrent it. I encourage everyone else who supports Fair Use to do the same.

    Let's show these thugs they cannot win!

    1. Re:They'll never stop us all by TrippTDF · · Score: 1

      Any momentum your cause was going to have was hit a brick wall with the line "first thing after school today".

      Man, I wish I was 17 again. I could do anything when I was 17.

    2. Re:They'll never stop us all by 91degrees · · Score: 1

      Support Fair Use! In fact, first thing after school today I'm going to go buy a CD, and rip, rar, and torrent it. I encourage everyone else who supports Fair Use to do the same.

      Uhhmm.. That's called "copyright infringement". Fair use (or fair dealing) is a little different. It usually involves not copying and distributing the entire file, and typically involves copying a portion of a work for private use, parody, or review.

    3. Re:They'll never stop us all by Anonymous Coward · · Score: 0

      Please, don't rar your torrent. Especially not a torrent full of already compressed files. It's a waste of time, and assholes like to put their fake uploads in rars.

    4. Re:They'll never stop us all by Tim+C · · Score: 1

      Yeah! Right on! I'm with you!

      But first, could you point me to the statute(s) that allow for "ripping, rarring and torrenting" a CD under fair use?

      For bonus points, as this is specifically about UK record companies, point out the UK statutes that do the same. (Hint: there aren't any)

      You're exactly the kind of person who gives the anti-copyright-excess people a bad name, going too far in the other direction.

    5. Re:They'll never stop us all by StemCellVirus · · Score: 1

      Wow you kids really are getting stupider these days arent you?

    6. Re:They'll never stop us all by Anonymous Coward · · Score: 0

      "could you point me to the statute(s) that allow for "ripping, rarring and torrenting" a CD under fair use"

      In a democracy by default a law does not exist-- it's called freedom. The laws that now exist to exist to "protect" society against evil duplicaters of information were not voted on by the public--they were shoved down everyone's throat with very little public input.

      You're exactly the kind of person who gives democracy a bad name by going to far in the other direction.

    7. Re:They'll never stop us all by makomk · · Score: 1

      Technically, under UK law, converting a CD to MP3s and sticking them on your iPod isn't legal (not covered by fair use). Similarly, neither was taping a record/CD to listen to in the car (though I don't expect anyone does *that* anymore)

  7. sex with ducks by Anonymous Coward · · Score: 0

    sex with ducks mutherfuckers!

    stick it in their other quack hole!

  8. An Old Proverb . . . by ndansmith · · Score: 1
    Music fans are increasingly tuning into legal download sites . . .

    When you can't beat 'em, turn into 'em.

    1. Re:An Old Proverb . . . by Anonymous Coward · · Score: 0
      Blast the combination of italics, my poor eye-sight, and a flickery monitor!

      turning != tuning

    2. Re:An Old Proverb . . . by mikael · · Score: 1


      Turn on, turn in, drop out!!

      That's got a familiar ring to it.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  9. Until they stop this... by aergern · · Score: 1

    I won't be buying any of the crap these record companies produce.. they complain about the lack of sales and blame the P2P users. Well, I haven't bought a CD since 2k and I doubt I will.

    Note: I don't download their shite either. If it isn't on the radio.. I just won't hear it.

    --
    Tell me what you believe...I'll tell you what you should see.
    1. Re:Until they stop this... by I8TheWorm · · Score: 1

      You mean all the radio stations in your area don't play shite too?

      About the only music I buy anymore comes from sales at live performances I go to, or from sites like this one.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    2. Re:Until they stop this... by grumpyman · · Score: 1

      Note: I don't download their shite either. If it isn't on the radio.. I just won't hear it. If it's not on the radio, you won't hear it? That makes the recording company wins too! Because the radio plays exactly those shite!

    3. Re:Until they stop this... by caino59 · · Score: 1

      don't forget etree.org for live, legal performance downloads.

    4. Re:Until they stop this... by RetroGeek · · Score: 1

      I listen to Rock 101 in Vancouver. Great rock and roll.

      You need IE to listen on line though....

      --

      - - - - - - - - - - -
      I am a programmer. I am paid to produce syntax not grammar. Deal with it.
    5. Re:Until they stop this... by aergern · · Score: 1

      Yes, but I only listen to talk radio and news.. so I guess my ears won't bleed anytime soon. :)

      --
      Tell me what you believe...I'll tell you what you should see.
    6. Re:Until they stop this... by aergern · · Score: 1

      I just listen to talk radio and news.. so I don't exactly know if the radio stations around here (SF / Bay Area) suck. I gave up on music radio when the rock station around here went all spanish with no warning. :/

      --
      Tell me what you believe...I'll tell you what you should see.
    7. Re:Until they stop this... by endy64 · · Score: 1
      I managed to get mplayer to work with the following:
      mplayer -playlist http://www.streamaudio.com/stations/asx/CFMI_FM.as x
      It sounds good too but watch out for /.'s url mangler in the above line ^^,
  10. A little offtopic by Chosen+Reject · · Score: 1
    The UK has bigger problems right now than worrying about a bunch of Spice Girl piratez.

    Why do people say things like this? It's not like everyone is going to drop what they are doing and go after only the absolute most important thing. I would like to know the way that the music industry in any way can help the UK equivalent to the FBI find and stop radicals intent on killing.

    /rant

    --
    Stop Global Warming!
    Just say no to irreversible processes!
    1. Re:A little offtopic by wizzdude · · Score: 1

      Our version of the FBI, SOCA doesn't have terrorism in its remit AFAIK. That comes under the police services and MI5.

      But good point.

      --
      Mod me down now and I will become more powerful than you can possibly imagine
    2. Re:A little offtopic by stratjakt · · Score: 1

      Radicals? Killings?

      I was talking about the whole charles and camilla thing.

      The UK doesnt have any problems with radicals or stuff like that, because they're better than americans, as they remind us every day here on slashdot.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:A little offtopic by GreyPoopon · · Score: 1
      I would like to know the way that the music industry in any way can help the UK equivalent to the FBI find and stop radicals intent on killing.

      In other news today, the RIAA announced that it plans to temporarily suspend its campaign against music piracy and devote its efforts to the search in Aruba for missing teenager Natalee Holloway.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    4. Re:A little offtopic by orangesquid · · Score: 1

      Just because someone has bigger fish to fry doesn't mean he doesn't want an appetizer.

      If you let copyright infringers off of the hook because there are rapists on the loose, and you let rapists off of the hook because there are terrorists on the loose, pretty soon you'll have to let everyone off of the hook for some reason or another.

      Of course, it doesn't make sense to devote large amounts of money to something that's not an important issue at the moment (but making a press release doesn't imply anything about budgeting). For example, (and this is just my opinion here), we're spending too much money on the "Drug War."

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    5. Re:A little offtopic by Anonymous Coward · · Score: 0

      They're saying it's like cops spending their time writing traffic tickets while real criminals go free. However, it's not a good parallel because many nasty criminals are caught while making moving violations.

    6. Re:A little offtopic by Anonymous Coward · · Score: 0

      and alot of terrorists pirate things, as proven before!

    7. Re:A little offtopic by Anonymous Coward · · Score: 0

      No, not better than all Americans, just you, you sad little troll.

      seriously, get over yourself.

  11. Damage? by Seumas · · Score: 1

    Yes, because it's the consumers who have damaged music. It couldn't possibly be damaged by all the crappy artists they've promoted the last decade.

    1. Re:Damage? by Anonymous Coward · · Score: 0

      "They are undermining the legal services, they are damaging music and they are breaking the law"

      Hmmm, thought Michael Jackson was responsible for that one.

    2. Re:Damage? by shark72 · · Score: 1

      "Yes, because it's the consumers who have damaged music. It couldn't possibly be damaged by all the crappy artists they've promoted the last decade."

      Simple bromides won't cover it. It can be due to a lot of things. Blaming it solely on crappy music is just as naive on blaming it solely on file sharers. Even if piracy is responsible for something less than 100%, this does not eliminate the need to fix the problem. If you're not sure what I'm getting at, think of it as if you owned a retail store. If 10% of your lack of sales could be blamed on shoplifting, 10% on bad products, 10% on high prices and 10% on unfriendly employees, you'd still think about getting that better security system while you set about solving the other problems.

      That being said, most pop music has always been mediocre. We tend to put on our nostalgia goggles and remember the good stuff from decades past, but trust me: there was a lot of crap in the 80's, the 70's, and the 60's. Each generation takes its turn lamenting how bad music has become recently. The fact that you've started noticing that music has gotten bad is a sign that you're growing up.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Damage? by Anonymous Coward · · Score: 0

      So music companies are spending billions of dollars promoting crappy artists instead of highly talented ones because of P2P?

    4. Re:Damage? by rich_r · · Score: 1
      Or just growing old....

      Now, where'd I put my pipe and slippers... pesky kids on my lawn again... muttergrumblemutter

    5. Re:Damage? by maxwells_deamon · · Score: 1

      I though it was the guys who stand up on a platform with three turn tables playing music and then grab the stylus and rub it over the record.

      Scratching, or something it is called ;-)

    6. Re:Damage? by Perky_Goth · · Score: 1

      in fact, retailers already include the value of thefts in the products value.
      just like the RIAA already includes the costs of manager's Ferraris.

  12. Love to see these go to court by Locke2005 · · Score: 2, Interesting

    I for one would like to see how the "open access point" defense holds up in court, e.g. claiming that you internet connection was through an unencrypted wireless router, therefore ANY of your neighbors could have been sharing those files! If somebody taps into your phone line and then uses it to threaten the Prime Minister, should they come and arrest you, just because you're the one paying for the phone line?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Love to see these go to court by ArsonSmith · · Score: 2, Funny

      Can and will. A great practical joke is while visiting a friends house with kids. Pick up their phone and dial 911, imitate a childs voice and say, "help me my dads touching me in a bad way again." Ohh man it's a hoot. Took them like $6000 and several visits to a court house to get their kids back from CPS.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    2. Re:Love to see these go to court by pete6677 · · Score: 1

      I wouldn't want to be the one testing this theory. Sure, it might work, but there's a good chance that certain judges would think it's bunk and hold the owner of the access point responsible. If nothing else, they could say that if you had reason to believe it wasn't secure and still kept it on that you were negligent.

      If drug dealers were using your front porch and you didn't seem to mind, you would be an accessory to the crime. It would be a different story if you were out of town the entire time.

      Even if the "open access point" defense does work, the access point owner will go through a lot more trouble than it's worth to prove themselves innocent.

    3. Re:Love to see these go to court by TommyBlack · · Score: 1

      Yeah, you shouldn't be running an unencrypted wireless router; if someone uses it for illegal activities, then you are responsible for providing them the tools. Tapping into a phone line requires trespassing on property belonging to either yourself or the phone company; tapping into a wireless router is more like accepting an open invitation to use it.

      Of course, on reflection this defense becomes trickier when you're talking about tapping into a wireless phone receiver, but then that's a lot harder than having your laptop automatically connect to an access point.

      --
      Why do my serious comments get modded "funny"?
    4. Re:Love to see these go to court by Radicode · · Score: 1

      So, are those coffee shops with free wi-fi are liable for everything anyone does with the connection? What about regular ISP, are they liable too? Are they supposed to track and disconnect users who are doing something illegal?

      Radicode

    5. Re:Love to see these go to court by Zocalo · · Score: 1
      Even if the "open access point" defense does work, the access point owner will go through a lot more trouble than it's worth to prove themselves innocent.

      But that's just it, isn't it? Although it's starting to look a little tattered around the edges, most western democracies still subscribe to the "innocent until proven guilty" line. Plus, as the Michael Jackson trial showed, if there is a single shred of reasonable doubt then the judge/jury is supposed to return a verdict of not guilty. In theory, this is even supposed to apply even if your personal belief is that the accused is guilty as sin, although perhaps not in practice.

      So, by those two legal tenets, the onus should lie on the music industry to prove that it really was you sharing the files, or at least were aware of the sharing going on, as in your drug dealer analogy. If there are no "unauthorized" music files on your PC, nor any evidence that there ever were, then that's reasonable doubt in my book. Even if there were said files on the PC, there is a already a legal precedent in the UK for acquittal in a computer crime case on the grounds that the PC had been compromised and may have been used without the owner's knowledge. In that case, I personally think that the claim was bunk, but even so I'd have to admit that it still would qualify as reasonable doubt in my book and I've have gone for a not guilty verdict if I was on the jury.

      Of course, IANAL, and I sure as hell wouldn't want to be the one testing this theory either.

      --
      UNIX? They're not even circumcised! Savages!
    6. Re:Love to see these go to court by smallfries · · Score: 1

      One question that I haven't seen answered in any of the articles about suits against file sharers is where is the proof?

      If the ISP's are merely handing over names and addresses to match IP's then where is the proof that these people downloaded copyrighted material? Is it a session from a computer at the record companies premises? I don't see how this constitues a legal proof, surely it is just an unsubstantiated claim. As TCP/IP is an un-authenticated protocol, how can they show that a computer on the network claiming to be address X and offering copyrighted materials, really is address X? Surely the fact that addresses can be spoofed throws any such claim into doubt, so how can a jury find 'beyond a reasonable doubt'?

      Unless there is a packet trace from the ISP's premise I don't see how they can prove a thing.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    7. Re:Love to see these go to court by Macadamizer · · Score: 1

      Plus, as the Michael Jackson trial showed, if there is a single shred of reasonable doubt then the judge/jury is supposed to return a verdict of not guilty. In theory, this is even supposed to apply even if your personal belief is that the accused is guilty as sin, although perhaps not in practice.

      But the record companies are suing, which means this is a civil matter, not a criminal matter. Of course, in a criminal matter (in the U.S., at least), you need to prove guilt "beyond a reasonable doubt," as you correctly note. However, in a civil case (in the U.S. again), you only need to prove liability be a "preponderance of the evidence" -- in other words, "more likely than not."

      So, in the case of the open access point, you only need to prove that it is more likely than not that YOU are the one doing the file sharing -- you don't have to prove it beyond a reasonable doubt.

      If there are no "unauthorized" music files on your PC, nor any evidence that there ever were, then that's reasonable doubt in my book.

      That's probably good enough by either standard.

      if there were said files on the PC, there is a already a legal precedent in the UK for acquittal in a computer crime case on the grounds that the PC had been compromised and may have been used without the owner's knowledge.

      And while that was clearly enough to raise a "resonable doubt" in a criminal case, it's unlikely that "may have been compromised" would be sufficient to overcome the "more likely than not" standard.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    8. Re:Love to see these go to court by rich_r · · Score: 1
      then you are responsible for providing them the tools

      So, at worst, you'd be aiding and abetting, which I (IANAL, otherwise I'd be able to afford to go out and not be posting on slashdot!) don't believe would fall under the scope of a civil suit.

    9. Re:Love to see these go to court by Bigthecat · · Score: 1

      The burden of proof in Civil law is on the balance of probabilities, not beyond a reasonable doubt, so I wouldn't like to be the one fronting the legal fees to try it.

    10. Re:Love to see these go to court by westlake · · Score: 1
      how can a jury find 'beyond a reasonable doubt'?

      "Proof beyond a reasonable doubt" is the standard for conviction in a criminal trial. In civil cases, you only need to show that "the weight of the evidence" is on your side.

      That said, the simplest and most plausible explanation is the one a jury is most likely to accept.

    11. Re:Love to see these go to court by Kjella · · Score: 1

      It is a civil case, so you need to show more than reasonable doubt. You must show that it is likely that you didn't do it. Hypothetically:

      1. Make sure there's no damn trace of any illegal music on your HDD. Wipe, not delete. There's a good possibility your PC will be confiscated as evidence if you play hardball. Not a total wipe, it needs to be a plausible "clean" computer showing use (access times etc.) since before the complaint.

      2. Get a wireless router, or reset your own. Default password, no encryption etc. If you can make your PC seem more "newbieish" do it. Showing that you are a poweruser weakens your defense.

      3. (And the most important part) Play ignorant. The court has to believe you have no idea what the RIAA are talking about. Have some professional review your system to find the cause. Don't start talking about backdoors and rootkits and open networks, let him figure it out, and make him an expert witness.

      4. Expect to end up in court. The RIAA won't let people use it as a "get out of jail free" card. You have to convince them, and the judge that you're really an innocent victim here. By the time it is done, expect to have used at least as much as the RIAA wanted to settle for.

      In short, it could work if executed well, but it'd gain you nothing and you could still lose. And if you sit there all smug and tell the RIAA "You know, someone else might have used my wireless router" you will lose.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    12. Re:Love to see these go to court by swv3752 · · Score: 1

      You forgot one step. Counter-sue. Countersueing wil make your case stronger and has the side benefit that if you win, you will break even or make a bit of money.

      --
      Just a Tuna in the Sea of Life
    13. Re:Love to see these go to court by parasite · · Score: 0

      You know... if you are in the US (haven't checked other countries, but probably similar), with standard phone line equiptment, I wouldn't have to go into your house at all to make that call to the Prime Minister... Infact (and I'm 100% sure it is still the case) back in the day when I was a kid, I had *err err* quite personal knowledge of a certain someone using the neighbor's phone line to call and make various threats to various of his enemies -- enemies who thought they were 'so smart' with their little caller-ID boxes... har har har... How long did it take to tap into that phone line ? Well, put it this way, a screw-driver, a telephone, and about a total of 1 minute standing by the dark-side of their house INCLUDING the whole phone call.

    14. Re:Love to see these go to court by smallfries · · Score: 1

      Very true, I'd forgotton these were civil cases. But even so, does a printout from the BPI which claims to show that somebody offered a file count as evidence? After all, I can produce a printout that will claim that anybody is a filesharer. Have these claims been legally tested before?

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  13. I guess UK really *is* America's largest... by rob_squared · · Score: 1

    ...non-nuclear aircraft carrier. But in all seriousness, countries that have diplomatic relations with the US will tend to mirror our laws. Canada did it, now the UK, Austrailia. I don't want to hazard a guess who's next though.

    --
    I don't get it.
    1. Re:I guess UK really *is* America's largest... by Timesprout · · Score: 1

      Iraq obviously.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    2. Re:I guess UK really *is* America's largest... by Anonymous Coward · · Score: 0

      Hey! We're fully nuclear!

    3. Re:I guess UK really *is* America's largest... by shmlco · · Score: 1

      Sorry, the UK is really America's largest nuclear aircraft carrier. "The UK currently has 33 operating reactors which provide 26% of the electricity in the UK." source

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    4. Re:I guess UK really *is* America's largest... by Anonymous Coward · · Score: 0

      Don't you mean 'Airstrip One'? /obscure?

    5. Re:I guess UK really *is* America's largest... by Anonymous Coward · · Score: 0

      *sigh* That's a bash.org quote. Wait, nevermind, this is slashdot, where you have to explain *every* *fucking* *joke.*

  14. Never Again. by Anonymous Coward · · Score: 0

    It has been years since I was even in a record store.

    Never again will I spend my money on anything the major record labels produce.

    Ever.

  15. Damaging music? by Rodness · · Score: 1

    The article accuses illegal downloaders of "damaging music". How does one damage music?

    Generally, the mp3 files are posted with excellent bitrates, so that can't be it. Most of those mp3s also don't have random noise superimposed over the music, so that's not it either.

    Maybe if they'd stop trying to be so dramatic and incendiary, and say what they really mean: illegal downloaders damage the financial bottom line of the music recording companies.

    But that doesn't really inspire the same level of dramatic indignance on the part of the reader, does it? "Holy hell, they're damaging the music! They must be stopped!" versus "Who the hell cares, record companies make too much money already."

    Damn public relations spin doctors...

    1. Re:Damaging music? by solive1 · · Score: 1

      Agreed.

      Downloaders don't damage music. Record companies who spew out mindless crap damage music.

      I can't listen to the radio anymore, except to listen to the morning comedy show (Walton & Johnson) and the "classic rock" that the same station puts on during the rest of the day (Led Zeppelin, Beatles, etc.) The "new rock" station spews out the same whiny songs over and over again (Simple Plan and its 300 clone bands) or songs that aren't even rock at all (Gorillaz, I'm looking at you) that make me want to throw up over and over again until I die of dehydration. Every once in a while this station plays something good, but not often enough to keep my interest.

      So I'll just keep downloading the good stuff and ignoring the record companies until they start promoting good music.

    2. Re:Damaging music? by Anonymous Coward · · Score: 0

      But that doesn't really inspire the same level of dramatic indignance on the part of the reader, does it? "Holy hell, they're damaging the music! They must be stopped!" versus "Who the hell cares, record companies make too much money already."

      Damn public relations spin doctors...


      I believe their rationalization would be that if they aren't turning the profits of legal sales of music that have been used to, they can't finance the creation of the "quality" music they've had in the past. Hence, damaging it.

      But I agree. If I had my way, anyone in public relations would be gathered together and gassed.

    3. Re:Damaging music? by jonfr · · Score: 1

      The Music "Industry" creates damage by sueing it's own costumer. If it where any other industry, it had gone out of busness years ago.

    4. Re:Damaging Music? by shark72 · · Score: 1

      "Regardless of whether you think downloading music is right or wrong, I don't see any evidence of all this "damage"."

      Check out the earnings reports from some of the publicly-traded record companies some day, or google on "record company layoffs." It's been pretty ugly. The record companies are blaming a lot of this on piracy.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:Damaging music? by shmlco · · Score: 1
      The problem is that they're not just producing junk.

      If all of it were junk, not worth listening to, and had no value, then hundreds of thousands of people would not spend the time needed to find it, copy it, and listen to it.

      Since they do...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    6. Re:Damaging Music? by jaseparlo · · Score: 1

      That's garbage though. Look at the value of the computer game industry, and subtract that from the music industry. 25 years ago, only spoilt rich kids had computers (commodore 64!!). Most of the rest of us spent our spare cash on music and movies and stuff

      40 years ago nobody had a computer, and most people spent their money on music and movies.

      Look at the effect of computer gaming on your discretionary spending - Xbox/PS2 in Aus costs 300 odd dollars. Thats 10+ CDs you didn't buy. Each game costs 50-80, that's another 2-4 CDs. Multiply that by the number of people who have a game console....that's where the music industry's money went
      --
      All available data suggest that regardless of any of this, the sun will still come up tomorrow.
    7. Re:Damaging music? by Dun+Malg · · Score: 1
      From what I can tell, the music industry is doing it all by themselves. I turn on the radio these days just to make sure it still sucks (and it does) and ClearChannel is still playing the same damn songs they were 2 years ago.

      Man, you said it. In 1998 I drove cross country in a car with only a radio and man, did the music suck. Recently my car CD player crapped out and I've been forced to listen to the radio. They're playing the same fucking shit songs they were 7 years ago! OK, about half of what they play is NEW shit nearly indistinguishable from the OLD shit, but come ON! Where's the NEW stuff?

      --
      If a job's not worth doing, it's not worth doing right.
    8. Re:Damaging music? by westlake · · Score: 1
      The Music "Industry" creates damage by sueing it's own costumer. If it where any other industry, it had gone out of busness years ago

      The word "customer" is usually associated with the word "paying."

    9. Re:Damaging music? by jonfr · · Score: 1
      There was an study in UK that did show that pepole how download music buy four times more music then pepole who don't download.

      People who illegally share music files online are also big spenders on legal music downloads, research suggests. The rest of the story is here > http://news.bbc.co.uk/1/hi/technology/4718249.stm

      There is also the intresting fact that music sales are growing. http://news.bbc.co.uk/1/hi/entertainment/music/473 8181.stm

      The fact is that the music industry is sueing the same pepole that give them profit. They also seems to claim losses where there are none.

    10. Re:Damaging Music? by corblix · · Score: 1
      And how in the hell do you "damage music" any worse than Britney Spears does when she sings?

      By singing. Despite all the bad press Ms. Spears gets, she is certainly a better singer than I am.

    11. Re:Damaging music? by $uperjay · · Score: 1

      One man's well-advertised garbage is another ignorant man's treasure.

    12. Re:Damaging Music? by Daimaou · · Score: 1

      I have seen a variety of earnings reports. Some show increases and some show decreases. I tend to believe the reports you are citing are political more than reality. I don't know though.

      I know I don't buy music anymore because the music is crap and it is far too expensive for what you get.

      If there really are losses, it could be because:
      a) Today's music is crap
      b) People have already "upgraded" their collections from tape/record to CD and aren't buying anymore
      c) People aren't buying because of high prices

    13. Re:Damaging music? by shmlco · · Score: 1

      Just so.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    14. Re:Damaging Music? by Anonymous Coward · · Score: 0

      Well, we'll just have to run your voice through an computer program so every note is perfect.

  16. right...so thats were my money goes.. by jonbusby · · Score: 1

    ok... so instead of sorting out crime... like the bastards that stole my car stereo, OR LIKE RANDOM BOMBERS... they're going to travel around prosecuting the more legal amoung us that can afford to own a computer sort your life out UK legal system, please dont become another America. At least democracy is still intact here.

    1. Re:right...so thats were my money goes.. by Anonymous Coward · · Score: 0

      "At least democracy is still intact here."

      Barely. The government wants to ban certain political parties...

    2. Re:right...so thats were my money goes.. by Anonymous Coward · · Score: 0

      Are you sure it was random bombers? and not, ohhhh, let's say MI-6? or the Mossad? Or some other patsie with plausible deniability? Consider for a moment, that someone with power, has an agenda seeking greater control. If they are cold-blooded, then they may potentially be willing to bomb their own people, if it advanced their agenda. They would possibly even profit via insurance claims on the damage, and/or the rebuilding after the bombing. Pass draconian laws that take away common people's freedom. And you have a recipe for increasing the centralization of power and profit.

    3. Re:right...so thats were my money goes.. by shark72 · · Score: 1

      "ok... so instead of sorting out crime... like the bastards that stole my car stereo, OR LIKE RANDOM BOMBERS"

      I'm not sure I follow. Are you stating that if the record companies weren't throwing money at lawyers to sue file sharers, they'd be using the money to find the subway bombers?

      --
      Sitting in my day care, the art is decopainted.
    4. Re:right...so thats were my money goes.. by Toby_Tyke · · Score: 2, Insightful

      At least democracy is still intact here.

      Really? Which UK do you live in? Because I live in the one where the Labour party just won a 66 seat majority with only 35% of the vote. Thats right, 65% of the electorate voted against Labour, and they were still handed a comfortable win.

      By contrast, the Conservatives got 33% of the vote, just 2% less than Labour, but won 198 seats to Labours 356.

      Very fucking democratic.

      --
      "I realise this is not a very popular opinion but it's the truth, and there for needs to be said" -Bill Hicks
    5. Re:right...so thats were my money goes.. by Anonymous Coward · · Score: 0

      Seriously, get your head checked. You're a paranoid personality. You've probably always been. They have drugs for people like you. They make you think rational, happy thoughts. :-)

    6. Re:right...so thats were my money goes.. by 0111+1110 · · Score: 1

      Democracy is so overrated anyway. I think you should just have the Queen decide everything. Think about it. Could you do worse?

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    7. Re:right...so thats were my money goes.. by failure-man · · Score: 1

      Don't forget old Tony following the Shrub around on a little (very failed) empire building mission despite the vast majority of the public . . . . . .

    8. Re:right...so thats were my money goes.. by AussieVamp2 · · Score: 1

      Depends if the corgis are for or against file sharing?

  17. Damaging Music? by Daimaou · · Score: 1

    I have heard the "damaging music", "hurts the artists", "blah blah blah" arguments from the record companies for what, six years now?

    Regardless of whether you think downloading music is right or wrong, I don't see any evidence of all this "damage". So, if you are suing for damages, but there aren't any, then what should the fine really be?

  18. Legal downloads suck by wickho · · Score: 1

    I downloaded my first legal song on the weekend. Firstly, the site wouldn't work unless you used IE. That sucked. When I downloaded it, it wanted to update the DRM on WMP and wouldn't play on any other player. Screw that. I deleted the file and copied the song from a mate who has the album. This is a song that came out in the 60's. If this is what legal downloads are about, I wont be using them. Why should I have to jump through all these hoops just so some rich record exec can snort a little more coke. I wont be buying or downloading any music from now on (legal or otherwise)

    --
    I'm Brian & so's my wife.
    1. Re:Legal downloads suck by Anonymous Coward · · Score: 0

      Legal downloads do indeed suck.

      The record companies already presume that customers of these websites are criminals and will not trust them with an MP3 or OGG file. Often times (depending on service), the music will cease to be able to play if the company's servers are offline or if your subscription runs out (i.e. you stop paying).

      Who the hell wants to "be legal" if doing so is inconvenient or cumbersome? Its like a big fucking joke.

    2. Re:Legal downloads suck by Mechcozmo · · Score: 1

      Try the iTunes Music Store. http://www.apple.com/itunes
      500,000,000 songs can't be wrong...

    3. Re:Legal downloads suck by Clod9 · · Score: 1
      > I won't be buying or downloading any music from now on (legal or otherwise)

      So you'll be sticking with what you've already got? That's about what I've been doing, too, except for filling out my collection with the occasional purchase at the used record store.

      From 1960 to 2000, there was such an explosion of good music that it may be that people don't need much more. Some of the great bands are still making music. Will people continue to move from fad to fad?

      I'm going to be watching with rapt fascination as my kids enter school, to see if the style-of-the-month bands can really compete with the giants from the past few decades. I suspect the record companies have mined the bulk of the gold already.

    4. Re:Legal downloads suck by Anonymous Coward · · Score: 0

      Blatant advertisement disguised as a legitimate reply...

      Did you not read what he said, or is just kneejerk faboyism? Obviously the latter, becuase you did not address his concerns at all.

      Itunes suffers the same problems all (most?) other legal download services have: DRM. This is the sticking point that will keep me from buying legal music services. Until I can get an unrestricted MP3 or OGG file, I'm not interested.

    5. Re:Legal downloads suck by ferrouswheel · · Score: 1

      I doubt it. New musical styles are always being created and music often reflects the culture at the time. I'm still exploring new genres, and new albums still enthral me. Having said that, time seems to be less of an issue - I'll discover some group that has been around for 15 years and become obsessed over them until I've worn their discography out and then jump to another period of time. Besides, some might consider the Rolling Stones a fad ;P

    6. Re:Legal downloads suck by TeknoHog · · Score: 1
      Too bad about your experiences. But there's a lot of legal and free music for download, and it's not encumbered by DRM or other silly limitations. For example legaltorrents and kahvi.

      *coughshamelessplugcough*

      --
      Escher was the first MC and Giger invented the HR department.
  19. Damaging music?!? by Locke2005 · · Score: 2, Insightful

    How could file downloads be any more damaging to music than radio airplay, which the record companies appear to beleive increases record sales, otherwise they wouldn't spend so much money paying for airplay! Here these people are providing an equivalent service free of charge, and they are claiming it is "damaging music"? The only way it could damage music is if they use a compression scheme that is too lossy!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Damaging music?!? by truckaxle · · Score: 1

      Well the answer is quite obviously there is a fundamental difference between hearing music "pushed" to you on someone else's time frame and owning the song and playing whenever you wish. Which is why you want to own it (either legally or illegally).

      Now the issue really boils down to price vs convience. Actually illegally downloaded (or ripped) music is actually more convient because you do not have to deal with rights managment. And the other commercial model of buy music via cdrom is getting inconvient from a storage, cataloging, random access and flexibility of devices to play it.

      I think the true model that will appear is cheap legal download that is very convient. So cheap that will not be worth dedicating Megabytes of space and backing up and cataloging etc. Just like it is with movies. Not many people go out of the way to copy a rented dvd or tape because it is to easy and cheap just to rent it again and let someone else store it.

    2. Re:Damaging music?!? by shmlco · · Score: 1
      Not many people go out of the way to copy a rented dvd or tape because it is to easy and cheap just to rent it again and let someone else store it.

      Mostly because they majority of them can't. Tapes are protected with Macrovision, and DVDs likewise, so you can't just run a copy off to tape. Plus few people have multi-layer DVD recorders, nor the software to rip them.

      People actually copied commercial VHS tapes all the time until Macrovision was introduced. After that, you needed special hardware to do it, and VHS tape sales went way down for some odd reason.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    3. Re:Damaging music?!? by Anonymous Coward · · Score: 0

      They don't pay, they get paid to for the songs too be on the radio.

      Idiot.

    4. Re:Damaging music?!? by shark72 · · Score: 1

      Generally speaking, radio airplay encourages sales -- it's how many people learn about music. Piracy discourages sales -- once people have an MP3 of a song that they can listen to as many times as they want, there's little need to go buy another copy.

      More importantly, each time a song is played on the radio, the artist gets a bit of money (and this is handled in a way that entirely sidesteps the record company). Downloading a song from a P2P site to avoid paying for it does not make any money for the artist.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:Damaging music?!? by Locke2005 · · Score: 1

      once people have an MP3 of a song that they can listen to as many times as they want, there's little need to go buy another copy. Unless, of course, they want to listen something a little higher quality than the crappy lossy-compressed files generally available on the web... this used to be called "try before you buy", where the record store would provide turntables and let you listen to a record before you actually payed for it. If you know of any places I can get CD-quality files for free, I'd appreciate you telling me about them.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    6. Re:Damaging music?!? by Locke2005 · · Score: 1

      VHS tape sales went way down for some odd reason. You mean because people realized that VHS tapes were a lot cheaper to rent than to buy, especially if your intent was to make a copy of them?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    7. Re:Damaging music?!? by Anonymous Coward · · Score: 0

      also, the CDs/records you hear over the radio are purchased from a record label, funds from those purchases are created by advertisements done over the radio, much like Kazaa (only less intrusive, you can turn down/off the radio, you gotta rip your brains out to get rid of kazaa's evil minions)

    8. Re:Damaging music?!? by TeknoHog · · Score: 1
      Generally speaking, radio airplay encourages sales -- it's how many people learn about music. Piracy discourages sales -- once people have an MP3 of a song that they can listen to as many times as they want, there's little need to go buy another copy.

      However, an MP3 can also encourage people to buy CDs or attend concerts. Especially the latter, as you can't really download the full club experience with today's technology. This has happened to me a number of times.

      --
      Escher was the first MC and Giger invented the HR department.
    9. Re:Damaging music?!? by $uperjay · · Score: 1

      Piracy may discourage sales, but I would not be so bold as to flatly apply that to all cases.

      My tastes are not met by the media in my area and I download a lot of music. I'm not in any way being forced to download music, but I enjoy good art. While not hardly a proof, I will say that before I began downloading music, I spend next to no money on it. Now that I am a 'pirate', I spend most of my disposable income and certainly beyond my means on music.

      In my specific case, piracy encourages sales. From where I'm standing, it doesn't look like I'm the one exception to the rule.

    10. Re:Damaging music?!? by shmlco · · Score: 1

      Sorry if I was unclear. After the introduction of Macrovision, VHS blank tape sales declined.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  20. I just shared the latest Harry Potter by Catamaran · · Score: 1

    I bought it and donated it to the library.

    --
    Test 1 2 3 4
    1. Re:I just shared the latest Harry Potter by roman_mir · · Score: 1

      I don't know who this Harry Potter person is and how you can buy him, but I am sure he is not very happy that he was 'donated' to the library and will now be shared by every greasy finger library user!

    2. Re:I just shared the latest Harry Potter by stratjakt · · Score: 1

      Did you make 20,000 exact copies of it and distribute them to anyone who wanted?

      Because if you did, I bet the publisher might just have a beef with you.

      Your analogy sucks.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:I just shared the latest Harry Potter by stratjakt · · Score: 1

      Libraries are where homeless people go to sleep and make BM.
                                - Peter Griffin

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:I just shared the latest Harry Potter by Anonymous Coward · · Score: 0

      His analogy is great.

      -Dick J. Ohnson

    5. Re:I just shared the latest Harry Potter by Macadamizer · · Score: 1

      His analogy is great.


      Why do you say that? Buying a book, or a CD or whatever, has ALWAYS given you the right to share, give away, resell, destroy, etc., that particular copy of the book or CD or whatever.

      File sharing is reproduction and distribution -- it's not at all the same thing as giving a book to the library.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    6. Re:I just shared the latest Harry Potter by Anonymous Coward · · Score: 0
      "Why do you say that? Buying a book, or a CD or whatever, has ALWAYS given you the right to share, give away, resell, destroy, etc., that particular copy of the book or CD or whatever.

      File sharing is reproduction and distribution -- it's not at all the same thing as giving a book to the library."

      Set up a system where anyone can logon to listen to a song. The songs are streamed and can't be copied to a personal machine. Allow anyone access to the system. Limit each song to only one person accessing it at a time (like checking it out). And make sure you own each song on the system. Movies can be used too. Would this be legal and within your rights?

    7. Re:I just shared the latest Harry Potter by TommyBlack · · Score: 1

      Limit each song to only one person accessing it at a time

      Actually, that's an interesting idea. NetLibrary already does something like that with books, so it sounds reasonable to do it for other media under copyright.

      Of course, someone who wanted to start something like that would have to pay a lot of money to defend himself in court, and would probably opt to shut it down.

      --
      Why do my serious comments get modded "funny"?
    8. Re:I just shared the latest Harry Potter by Macadamizer · · Score: 1

      Set up a system where anyone can logon to listen to a song. The songs are streamed and can't be copied to a personal machine. Allow anyone access to the system. Limit each song to only one person accessing it at a time (like checking it out). And make sure you own each song on the system. Movies can be used too. Would this be legal and within your rights?

      Not in the U.S., at least with respect to music. See 17 U.S.C. 106(6). The answer is not so clear for movies (in the U.S.), but I would suspect it would also be illegal. 17 U.S.C. 106(3) or (4) (can't remember which one) prohibits the "public performance" of a movie without permission; in 17 U.S.C. 101 (the definitions), to "publicly perform" includes:

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

      I haven't purused the caselaw here, but I would suspect that these two clauses put together would prohibit your idea with respect to movies.

      Libraries (and you) are allowed to loan out you tangible copy of a CD or DVD, but neither you nor the library is allowed to "stream" stuff to others without permission.

      --

      "That's not even wrong..." -- Wolfgang Pauli
  21. legality.... by rwven · · Score: 2, Insightful

    Legally, they're right to sue. Morally, i'm not so sure anyone should be charing for music in the first place... It's kinda like making a business selling air.... Something that has always been around and something that isn't ever going away and somewhere someone had an idea to make a profit selling something that should be free...

    This is my opinion of course. :-)

    1. Re:legality.... by Rude+Turnip · · Score: 1

      "It's kinda like making a business selling air...."

      Bullshit. A bunch of people went to a studio one day and put in a day's work. You're paying for that specific work. However, you are free to make your own music or get it from people who want to spread their music for free.

    2. Re:legality.... by Tim+C · · Score: 1

      This is my opinion of course. :-)

      And it's wrong. Music takes people time and effort to produce; while they're doing that, they're not using their time for anything else - earning money, building a career, spending time with friends and family, watching paint dry, whatever. That investment of time and talent deserves to be compensated (assuming someone likes their music enough to want to listen to it, of course).

      Air is a natural resource that requires no investment of time or money to produce.

      Other than that, a perfect analogy...

    3. Re:legality.... by Soul-Burn666 · · Score: 1

      Except that 99.99% of the bands/artists in the world DON'T live from music. Most of them have jobs.
      And yes, the ARTISTS deserve to be paid. Why do I have to pay a RECORD COMPANY for something they didn't do, but rather the artists?
      Not only that, but most bands WANT publicity and want their music to be shared, at least until they get rich and cocky. Metallica, before they became so popular, actually motivated people to share their stuff with their friends, for free. Then they saw it's a cashcow that can be milked, and decided money is more important than music.

      Next time I'll think about buying a CD, i'll instead d/l the tracks off the net and send the band an envelope with the CD price in cash.

      --
      ^_^
    4. Re:legality.... by Macadamizer · · Score: 1



      The artists who sign with the record companies are not forced to do so at gunpoint. They sign those contract willingly. If they don't like the contract, they should figure out how to produce, market and distribute their music on their own.

      The artists signed the contracts -- presumabely they felt they were better off with the record company than without the record company. Who are you to interfere with the artist's right to contract with the record company and decide for yourself who should get what money?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    5. Re:legality.... by shark72 · · Score: 1

      "Why do I have to pay a RECORD COMPANY for something they didn't do, but rather the artists?"

      95% of the work that goes into getting a CD into your hands was performed by people who are not the artist.

      If you're a musician and you have the time, talent and means to find a good producer, rent a studio, hire session musicians, design your cover art, have thousands of CDs produced, sell them into distribution, manage a co-op ad program with thousands of record stores, deal with product returns, produce a music video, get your CD to thousands of radio stations and make sure it gets played, then you certainly don't need a record company at all.

      Unfortunately, most artists are not independently wealthy and in possession of expertise in sales, marketing and engineering. This is where record companies come in. They provide time, talent, resources, and most importantly, CASH. In exchange for this investment, they get the rights to sell recordings of the musician's songs in an effort to make back the money they've spent.

      --
      Sitting in my day care, the art is decopainted.
    6. Re:legality.... by geekee · · Score: 1

      " Except that 99.99% of the bands/artists in the world DON'T live from music. Most of them have jobs.
      And yes, the ARTISTS deserve to be paid. Why do I have to pay a RECORD COMPANY for something they didn't do, but rather the artists?"

      The record company invested in the band and gave them the resources needed to make it big. They deserve a return on their investment.

      --
      Vote for Pedro
    7. Re:legality.... by Soul-Burn666 · · Score: 1

      95% of the work that goes into getting a CD into your hands was performed by people who are not the artist.

      And this work is usually already paid for before the album even starts recording.
      Maybe except for the advertising and pushing to radio stations bits, which are really an expensive part. But why to even mess with it? Do like 99% of the artists and just spread the word, gaining publicity by word of mouth and by performing gigs.

      I've heard many stories of small bands who sign up to indie labels, make great albums and still make a lot of profit from CD sales, because the label doesn't spend it all on ads that won't help sales.

      --
      ^_^
    8. Re:legality.... by Soul-Burn666 · · Score: 1

      presumabely they felt they were better off with the record company than without the record company.

      Because that's the only way they know, and they practically get tricked into it. Indie labels can usually get them much better deals.

      --
      ^_^
    9. Re:legality.... by Macadamizer · · Score: 1

      and they practically get tricked into it.

      Please -- most bands practically trip over themselves to sign with a major label. Everyone thinks that with major label backing, they'll be the next Madonna\Mariah\Britney\whatever. They only get "tricked" because they let the $$$ signs blind them to the realities of the contract.

      But that goes back to my statement -- they obviously feel that signing with the major label is the best thing for them, that's why they do it. Maybe if they were better educated as to indie labels and the like, they would choose differently -- but maybe not. Maybe the lure of the big label is more important that the "much better" deal they might get from an indie label.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    10. Re:legality.... by $uperjay · · Score: 1

      I know at least a dozen bands just in my hometown who have gone and done nearly everything you've mentioned there. The only thing that record companies provide that the musicians themselves could not is huge heaping piles of expensive advertisement.

      Coincidentally, file-sharing provides huge heaping piles of word-of-mouth advertising. For free.

      So yes, file-sharing does pose a grave threat to these corporations, and it does so because it obviates their entire business model. Tell it to horse-carriage manufacturers.

    11. Re:legality.... by Anonymous Coward · · Score: 0

      "The record company invested in the band and gave them the resources needed to make it big".

      More correctly, they lent them resources that might help them to make it big _if_ they're extremely lucky.

      Record companies give advances that must be paid back from royalties, and all production costs must be paid for from said advance. Furthermore, the advance is deducted from the artist's net royalties (i.e. what's left after managers, agents, etc. have taken their cut) before the artist receives anything. This is fine if you happen to be a big enough name to get an excellent royalty deal because every major label is clamouring to sign you, but most new acts get rather measly "take it or sod off" cuts that won't even cover the advance unless they can sell well over a million copies of a CD.

      So if you're going to buy a CD from a band or artist who is signed to a major label but not a household name, then get it from the band's own website or at a concert. This will ensure that almost every penny you spend goes to them, not the measly 15 or 20 cents of royalties that they'd receive if you bought it in a store or from Amazon.

  22. Ah HA! by comicnerd · · Score: 1
    "...they are damaging music..."

    Ah, HA! So that's who's to blame for mediocrity in the top 40 these past few years: the file swappers!

    1. Re:Ah HA! by 0111+1110 · · Score: 1

      So that's who's to blame for mediocrity in the top 40 these past few years

      You spelled 'decades' wrong.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  23. Bull-poop by Rekrapt · · Score: 1
    The powers that be have yet to demonstrate that a "illegal" music download translates into a lost sale... as consumers, we've been encouraged to copy and share music since the advent of the cassette tape.

    Collectors collect. People who download music and don't buy the album would never have bought the album in the first place.

    1. Re:Bull-poop by Anonymous Coward · · Score: 0

      It's true. I have never bought a music CD in my life, and I never plan to, whether or not P2P music sharing exists. So no matter what, the record companies won't make money off me. The least they can do is to let me download music onto my computer to "advertise" it for them for free to anyone who comes in my room.

    2. Re:Bull-poop by Anonymous Coward · · Score: 0

      Bull-poop? WTF is that supposed to mean!? You have no problem saying "A-Fucking-Men" but you can't say Bullshit!? Are you some kind of retard or something!?

  24. A wise man once said... by Anonymous Coward · · Score: 0

    When in doubt, use the fucking spell check.

  25. I find it depressing... by e6003 · · Score: 1
    That the situation has been allowed to degenerate to such an extent here in .uk. I mean, suing filesharers has had no effect on stemming the rising tide of music sharing in the US and now the UK companies want to go headlong down the same path.

    A couple of months ago I did manage to get a (heavily edited) letter published in The Times newspaper here in the UK. Although they wanted hard references for many of my points, which I was caught off guard and not able to supply them with over the phone (such as the assertion that file sharing has no effect on CD sales - shortly before the OECD study was published that said the same thing) I did manage to persuade them to publish my opinion that the record industry's stance was borne out of a desire to maintain 20th century monopolies rather than anything else. The only followup I saw came a week later from a professional musician who said that he was scared of internet file sharing as well, because he believed he should be paid each time his music was performed, because this is how he earns his living, and this was nothing to do with "a futile attempt to preserve 20th century monopolies" (to quote my original letter).

    This got me thinking, and I still am. Half of me thinks this guy is right and that he does deserve to be paid for the performance of his compositions (but EVERY time - insert credit card into CD player before pressing play?) But half of me thinks he is, in his own way, still living in the 20th century.

    In summary, music isn't scarce any more and it CAN be copied easily. If our collective governments were wise, instead of letting the 20th century media barons cripple new technology, and force DRM-laden crap down our throats (Windows Vista and Intel's digitally restricted new chips spring to mind), they'd be busy devising new copyright laws that respect the fact that we all have "perfect copying machines" (computers) linked together in a worldwide network. The fact that they aren't says a great deal to my over-active and depressed thought state on this particular subject...

    1. Re:I find it depressing... by 91degrees · · Score: 1

      He doesn't deserve to get paid for every time his music is performed.

      What he does deserve is some fair reward for the work he put into it and for the benefit society gets out of it.

      At the moment we have a problem. Most people think there's nothing wrong with making a few copies and giving them away. And if they think it's reasonable then they're going to do it, and get angry if they're stopped. Many artists and publishers (publishers include record labels and movie companies here) think that this is costing them money. Publishers need to realise that people are going to do what they want to do, and the law needs to be adapted to accomodate this. The law also needs to be adjusted to allow a fair reward for publishers and artists.

    2. Re:I find it depressing... by Macadamizer · · Score: 1

      But half of me thinks he is, in his own way, still living in the 20th century.

      Not to be an ass, but wasn't the 20th century only like 5 years ago?

      In summary, music isn't scarce any more and it CAN be copied easily.

      Music isn't scarce? Then why is everyone always complaining that there isn't any good music out there? Music as a whole may not be scarce, but I suspect that the amount of music worth listening to is a pretty small fraction of the music out there. Shouldn't those who produce something worth listening to be rewarded?

      If our collective governments were wise, instead of letting the 20th century media barons cripple new technology, and force DRM-laden crap down our throats (Windows Vista and Intel's digitally restricted new chips spring to mind), they'd be busy devising new copyright laws that respect the fact that we all have "perfect copying machines" (computers) linked together in a worldwide network.

      Do you honestly think that if the governments abolished copyrights that the record industry would just go away? Wouldn't it be MORE likely that the record companies would invest MORE money and effort into better and stronger DRM and other non-copying technology, since they can would no longer be able to rely on the courts to help them make a buck? Why does everyone automatically think the the RIAA and others would just throw in the towel if copyright went away?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:I find it depressing... by BeBoxer · · Score: 1

      Half of me thinks this guy is right and that he does deserve to be paid for the performance of his compositions (but EVERY time - insert credit card into CD player before pressing play?) But half of me thinks he is, in his own way, still living in the 20th century.

      All of me thinks he's full of shit. The vast majority of people do not get paid repeatedly for work already performed. They get paid once. The guy who built my car doesn't expect to get paid every time I drive it. The guy who built my washer doesn't expect to get paid every time I do a load of laundry. The guy who designed my car and washer doesn't expect to get paid for every car that gets built. I've said it before. If you want to continue getting paid you can continue working. If you're not willing to do that, you're just a lazy ass in my opinion.

    4. Re:I find it depressing... by Bobby+Box · · Score: 1

      The irony with this article is that the very laws (Copyright, Designs & Patents Act) that the BPI et al are using to "sue" individuals also implicates the industry themselves in the wider hipocracy of fair use. In the UK there is no provision for fair use of copyright protected works. period. In essence you walk into virgin records and buy the latest U2 album and all you actually get for your 9 quid is a 12cm shiny plastic disc. If you read the small print on either the sleeve notes or the outer edge of the disc it usually says that "All rights reserved" etc...essentally you are not even explicitly granted Home Use rights. Now here is the irony, many music labels are eager to get legit content onto the music stores and endorse the iTunes/Napster/WMP apps etc. These apps usually have a rip from CD to HD option with track listings retrieved from CDDB. In the US this is ok as an individual is excercising their "fair use"rights. However, in the UK no such provision exists(a similar phrase in UK legislation "fair dealing" is not quite the same) so the mere act of ripping your purchased CD's to your PC hard drive using an BPI endorsed software application is illegal. I'm all for recompense for artists work...but the industry should get it's own house in order first and decide what it wants...happy customers or hypocracy!

    5. Re:I find it depressing... by drsmithy · · Score: 1
      Wouldn't it be MORE likely that the record companies would invest MORE money and effort into better and stronger DRM and other non-copying technology, since they can would no longer be able to rely on the courts to help them make a buck?

      Indeed they would - and this is _precisely_ how a free market would (and should) work without the distorting effects of copyright.

      Why does everyone automatically think the the RIAA and others would just throw in the towel if copyright went away?

      They wouldn't - but music would certainly become more prolific and easier to obtain.

    6. Re:I find it depressing... by chicago_bulls · · Score: 1

      you've got it pretty much right.

      i don't think that piracy is wrong. after i've bought a cd or movie or program, i OWN the cd and everything on it. i paid for the dips and peaks on the cd, i OWN them. and i don't think that some company should be able to tell me what i can and can't do with something that i own just because they bought themselves some congressmen and made some crappy law. just because there is a law against something, doesn't mean that it is wrong and just because something is legal doesn't mean that it's right.

      and from the record companies' point of view, they see piracy as a threat to their profit stream and are doing what they think will protect their profit stream. they don't care about illegal or legal, they just want their money and they'll buy more congressmen to change the laws to get their money if they need to.
      they don't see the connection that their strategy of pushing crappy music is resulting in smaller profits. it can't be their fault that they aren't making as much money as they used to, it HAS to be someone else's fault.

      this is why corporations having so much power is bad for us. their focus is only on profits and they don't have a conscience. so, if you're in the way of them getting their money, well too bad. this movie pretty much sums it all up...

      http://thecorporation.tv/

    7. Re:I find it depressing... by Anonymous Coward · · Score: 0

      Let me add another viewpoint from a professional musician (9 years as a composer, and yes, you have heard my work and possiby own a copy, don't let the AC fool you here). I am also depressed. I left music behind me because the industry is is such decline. I doubt very much you got a genuine letter from a musician or producer defending the current position of the music business and saying they feared downloads, everyone I have known in the industry outside a few coke snorting London pop production outfits is equally dismayed at the state of business. File sharing has NOTHING to do with it. The business has benefited from technology and used it to cut corners, underinvest in new talent and make record profits for a decade at the expense of its own health.

      These fat cats are every bit my enemy as an artist as they are your enemy as a listener.

      I am working on a new project which will be released for free online in about a years time. Set up my own company to do it, and registered my own domain. In exactly 11 months I am no longer under contract and able to control my own creations again...Hooooray!, and I will be giving away for free whatever I see fit.

      Also, I make more regular and safer income as a programmer/admin making music part time than I ever did as a fairly sucessful musician involved with these crooks.

    8. Re:I find it depressing... by 16K+Ram+Pack · · Score: 1
      The problem is mostly that the guy isn't even thinking too straight.

      People should take a look at shareware. Thousands of people write shareware. Some of it is completely unencumbered with any protection whatsover, and much of it gives you nothing much for your money but removal of the nag screen.

      Now, how many people register WinZip? Not very many, but because it's so well known, and used, even on a small conversion rate, that's a small slice of a gigantic pie.

      The question for musicians is how big your slice is now, and how big would a "filesharing" slice be? OK, sales may be smaller, but so would your overheads. You may not need the same pluggers and promoters because the sharing of the files is the promotion.

      Quite a lot of bands already do very well on word-of-mouth instead of radio play. The charts are a bit of an illusion as well - some bands have reasonable sales, but over a long period of time, meaning that they struggle to chart.

      A lot of artists are already independent, and don't want to go back.

    9. Re:I find it depressing... by TLSPRWR · · Score: 1

      As a musician, computer nerd, and former filesharer myself, I really don't feel all that threatened by file sharing. Granted, my band's music is nothing huge; we've just recorded one CD and are recording another right now, both funded by ourselves.
      To me, the best approach bands / musicians can take is to give their fans a taste for free, then charge for the whole meal. A couple of free full song downloads (at least 128kbps mp3, nothing limited by DRM), then sell those songs plus more on a CD. The free MP3's give your band exposure and people can listen to and enjoy your without an investment or limitations. They can also give the files to friends, trade them on P2P networks, burn them onto a CD and listen whereever, etc. spreading your name around.
      Now if someone takes our CD and rips it (specifically to share on P2P networks, not just for personal backup) and spreads the non-free songs around, then I've got a problem. They're potentially cutting into our sales by providing for free what we sell (and need to sell to recooperate the costs put into it).

      Bottom line is, recording in studios costs money. Recording in the most expensive 'best' studio isn't really necessary, but you're still going to spend three to four thousand dollars if you want recordings that sound good (not necessarily including the CD printing). To cover that cost, someone's going to have to pay up. We're willing to pay the cost up front as an investment, but we need compensation so we can keep making more recordings for you to enjoy, hopefully better than the previous.
      I've heard a lot of people say that artists should make money with live shows and give away the recordings, but (unless you're a really big name) live shows barely cover the costs of travelling expenses.

  26. Catch me if you Can! by lotsToLearn · · Score: 0
    I use BitTorrent!

    ... thank you Gawd for inventing "AC"

    1. Re:Catch me if you Can! by Anonymous Coward · · Score: 0

      :) you do have lots to learn

    2. Re:Catch me if you Can! by Nuskrad · · Score: 1

      Yes, because Bittorrent is *so* secure and anonymous, allowing anyone on the torrent to get a list of the IPs of all other clients on the torrent... and also requires (or practically does) all downloaders to upload aswell, thereby making you a unauthorised distributer of copyright material, which is a more serious offense than just unauthorised possestion of copyrighted materials.

  27. Re:BBC article by Ranarama · · Score: 1

    Better article (IMHO) at the Beeb

    --
    This .sig intentionally left blank.
  28. And now Scotland Yard by Exitar · · Score: 1

    will obviously stop any investigation about the two attacks to London and will arrest dangerous p2p users instead.

    1. Re:And now Scotland Yard by thjayoromanov · · Score: 1

      well i guess they are better off arresting p2p users than killing inocents in the subway [hey, brazil is catholic, not islamic]

    2. Re:And now Scotland Yard by Exitar · · Score: 1

      They could start killing p2p users in the subway.

  29. Sue you, Sue everybody by Anonymous Coward · · Score: 0

    Can I sue British Record Companies for Robbie Williams?

  30. Filesharing the Old Fashioned way by Goose3254 · · Score: 2, Informative

    I've not bought a new CD since the Napster decision. When I was downloading songs off Napster I was buying 3 or 4 CDs a week from artists I would have never heard of without Napster.

    Now I just go to the used CD shop, buy a CD, rip it, archive it, and then sell it back to the used CD shop.

    I gotta think that's eating into the profit margin somehow. The absolute dumbest thing the music industry ever did was to criminalize thier fanbase....

    1. Re:Filesharing the Old Fashioned way by shmlco · · Score: 1

      On the flip side. I've purchased some 160 individual tracks from iTunes on the past year. The prior year, I bought maybe 3 CDs. That has to be beefing up their margins somehow, and the smartest thing they ever did was to start selling "singles" again...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:Filesharing the Old Fashioned way by Goose3254 · · Score: 1

      I had 4 iTunes tracks (free from some promotion) until I went from using my old G4 to using my new Mac mini as my primary desktop machine.

      I round-filed them after they wanted me to jump through a bunch of hoops to migrate them. It was clear I didn't own them, I only had them on a weird lease-type arrangement.

      How many CDs would the industry sell if you bought a CD, then it would only play on one or two of the CD players you own? Do I set it up to play in one of my 4 PCs or 2 Macs, my car, my truck, my girlfriends car, my beater camping/beach boombox, my home gym boombox, one of my DVD players...Sorry guy, you can't borrow my best of the 70's CD for your party, even though the tracks are 30 YEARS OLD, the RIAA has it so I can only play it in my bathroom CD player. It's ridiculous. I'll never buy from iTunes music store or Napster or any of that ilk for that reason.

    3. Re:Filesharing the Old Fashioned way by shmlco · · Score: 1
      I don't know. How many LPs, 45s, tape reels, 8-tracks, cassettes, and MDs has the industry sold that don't work in your CD player?

      A media type is a media type...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    4. Re:Filesharing the Old Fashioned way by Goose3254 · · Score: 1

      Agreed. But I could play those medias on any player suitable. My LPs weren't locked to a SPECIFIC turntable. And when I got tired of them I could give them to my little brother, or sell them at the swap shop.

      The new paradigm is that you have access to this song until you change devices, quit paying our monthly charge, we go out of business or we decide that we are no longer going to support that media format. My LPs still play on my turntable or anyone elses, if I decide to dust them both off.

  31. Damaging? by lordsid · · Score: 1

    What exactly is damaging about sharing music?

    The only damage done is by the idiots who host the corrupted music files to intentionally mess up file sharing.

    --
    IMAGE VERIFICATION IS EVIL!
    1. Re:Damaging? by MightyMartian · · Score: 1

      Well, you see, little boy, in our society we consider that people can have intellectual, as well as physical property. Effort is made into writing, recording and distributing music, investments are made based upon the notion that the investment, plus at least some small bit of profit, will be incurred at some point. When you steal music, you rob all parties involved of profit, and if sufficient music is stolen, then the parties involved could be put in a situation where creating and distributing music isn't worth it any more.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Damaging? by Anonymous Coward · · Score: 0

      In some ways it reminds me of when digital design and pre press and Macs came along it put a lot of old style printers and technicans out of work. In fact it wrecked huge swathes of that industry and some people in that world will never forgive that.

      Unfortunately where the *AAs are today is on the edge of just such a precipice hence desperate measures like this.

      95+% of *AA media is just manufactured junk that has been decided by a corporate machine. It's nothing to do with art or expression or talent or passion for the field. Sure it provides some jobs, so does McDonalds. But it's just junk, like a big mac and highly disposable.

      For the tiny chunk of stuff that is represented by the *AAs which is actually worth watching or listening too, they will survive because their fans will support them.

      I mean look at the endless bucket of sad shit that comes out of Hollywood. Please, someone would have to pay me to watch it.

      So either produce good content or die. Sadly, the *AAs made their decision and are paying the price.

    3. Re:Damaging? by Jayjay75 · · Score: 1

      In our society we define stealing thisly: "the unauthorised taking or use of someone else's property with the intent to permanently deprive the owner or the person with rightful possession of that property or its use."

      If you make a copy of a song, in digital format, and allow me to make yet another copy of it, whO has been deprived of the original copy of that song? The original CD still plays.

      As has been repeatedly stated here, file sharing is copyright violation, illegal publishing without permission, lots of things. But it isn't "stealing".

    4. Re:Damaging? by EzInKy · · Score: 1


      Well, you see, little boy, in our society we consider that people can have intellectual, as well as physical property.

      Also in our society little boys, and girls, grow up to become voting men and women and will elect representatives who share their world view which is likely to be diametrically opposed to those currently in power.

      --
      Time is what keeps everything from happening all at once.
    5. Re:Damaging? by MightyMartian · · Score: 1

      Until, of course, they get to the age where they're property owners in their own right (and no, MP3 players are not what I mean), and realize that people deserve compensation for their efforts, and not to have it ripped off by amoral bastards.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:Damaging? by EzInKy · · Score: 1


      Until, of course, they get to the age where they're property owners in their own right (and no, MP3 players are not what I mean), and realize that people deserve compensation for their efforts, and not to have it ripped off by amoral bastards.

      No, I think they're going to realize that the cost to society as a whole far outweighs any value that current IP laws contribute. The vast majority of people get paid for the work that they did today, not for the work they did yesterday. They are going to have just as hard a time understanding why someone should continue to profit from an effort made decades ago particularly when those profiting do so by violating the social contract that gives them the monopoly that enables them to do so in the first place.

      You see, in the US at least, the purpose of copyrights and patents is to increase the amount of creative works available to the public. It says so right in the Constitution. But most of those who profit from creative works only see them as permanant revenue streams and pursue every avenue they can to restrict their distribution even to the point of refusing the public access to works that are no longer profitable.

      --
      Time is what keeps everything from happening all at once.
    7. Re:Damaging? by lxs · · Score: 1

      in our society we consider that people can have intellectual, as well as physical property.

      Please define "we". Just because an industry cartel with UN sanction has invented the legal fiction of "intellectual property" doesn't mean it is universally accepted as the right thing to do. A couple of centuries ago you could be hanged for grazing your cattle on the land of the king, and you were entitled to have slaves (although today they would probably be called "human property") attitudes change, and what is accepted as just one day isn't accepted a couple of years and a few martyrs later (think of universal suffrage for a more recent example)

      investments are made based upon the notion that the investment, plus at least some small bit of profit, will be incurred at some point.

      If music isn't profitable anymore, investors will invest in something else and society will not collapse. (See my comment about the slave trade above. The same arguments were made against abolition of slavery, giving up colonies etc,etc.)

      and if sufficient music is stolen, then the parties involved could be put in a situation where creating and distributing music isn't worth it any more.

      Copyright infringement isn't theft, but I'll let that slide for now. I don't really see a problem with the demise of the music industry. Music was made for at least 5000 years before the rise of the music industry, and there is no reason to assume that music won't be around 5000 years after it's demise.

    8. Re:Damaging? by MightyMartian · · Score: 1
      I can't argue with that. As far as I'm concerned, copyrights should be no longer than 50 years, which is more than enough time for a creator to benefit from his or her work. Congress's violation of the spirit of the Constitution by whoring itself to the likes of Disney is pathetic. It certainly isn't in the interest of the average American, but a gift to a big corporation.

      That being said, I still stand by my statements that downloading pirated music is stealing. I may not like all the players involved. It's hard to feel sorry for record companies that spent years ripping off artists and consumers alike. That being said, it's just as wrong to rip a song and allow others to download it as it would be to scan in a book and do the same. The difference is that ripping songs is a lot easier than scanning novels.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  32. What a stupid rationale. by unicorn · · Score: 1

    When you listen to the radio, you get to hear a song once in awhile. Not on demand. And it's not a file that you're keeping. Sure you could record off the radio to tape, but the quality would be truly dreadful. So radio, by and large, can function as a marketing channel for labels. If you hear something you like on the radio, the betting is that you'll run out to buy a copy to keep.

    With file sharing, you are downloading a copy of the file that you keep. You can listen to the song whenever you want. As often as you want. And in the eyes of the labels, you are far less likely to purchase the album. Why pay for something you've already got a copy of, for free?

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
    1. Re:What a stupid rationale. by Nossie · · Score: 1

      no offence to the parent... but what he seems to forget is that radio stations pay massive amounts of money for licenses and royalties to the 'artist' what license or royalty does the file sharer provide? this is the same thing that hurt the popularity of shoutcast, when the RIAA demanded they bought a broadcasting license from them.

      I think both your views are correct... but the above is the main reason -- remember they already tried to tax blank tapes and the kick up about tape recorders back in the 80s.. and that's without mentioning sony or betamax.

    2. Re:What a stupid rationale. by HatofPig · · Score: 1

      Well... what's stopping you from throwing a tape into your radio and recording some of your favourite music? You could always edit out the commercials afterwards, and it would be a professionaly DJ'd mix tape. Even easier would be to rip a stream offline with something like StreamRipper. Honestly... file sharing is probably the least of their problems and DRM isn't scoring them any points.

      --
      Silicon & Charybdis McLuhan Kildall Papert Kay
    3. Re:What a stupid rationale. by jez9999 · · Score: 1

      Cost? Quality? Level of difficulty?

      Getting a well-edited tape recording, and somehow keeping it from degrading over time would be difficult and costly to do. So would getting the necessary editing equipment to take out ads. This is assuming there are no DJ's voices over the song in the recording, and also given the fact that radio is quite low-quality in the first place.

    4. Re:What a stupid rationale. by GodGell · · Score: 1

      Sure you could record off the radio to tape, but the quality would be truly dreadful. So radio, by and large, can function as a marketing channel for labels. what's magnetic tapes got to do with radio? radio broadcasts can be, and often are, good quality. recording on tape will always have bad quality, and that's not related to radio. if you download the same music for free then record it onto tape it'll still be bad quality. so why use tape? there's a reason that magnetic tapes are disappearing nowadays, and that's because they suck.

      --
      [SHOW SOME LENIENCY TOWARDS ... I mean, FUCK BETA] Eat. Survive. Reproduce. GOTO 10
    5. Re:What a stupid rationale. by 0111+1110 · · Score: 1

      and also given the fact that radio is quite low-quality in the first place.

      Guess you've never heard a 128kbps MP3 then.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    6. Re:What a stupid rationale. by 0111+1110 · · Score: 1

      You have obviously never used DAT. It has better sound than most CDs. And is great for portable use since it doesn't skip. But without random access tracks and 40x+ data transfers it is rather impractical for general use. It is not the quality of the tape medium per se that is the problem.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    7. Re:What a stupid rationale. by GodGell · · Score: 1

      the comment that i replied to said you can't get good quality music off the radio because if you record it on tape the quality will suck. i just replied that obviously if you record on tape, the quality will suck, so why use tape?
      you could use anything. cds aren't the only other option.

      --
      [SHOW SOME LENIENCY TOWARDS ... I mean, FUCK BETA] Eat. Survive. Reproduce. GOTO 10
  33. Lies and more lies by Anonymous Coward · · Score: 0

    they are damaging music

    What a crock. The music is not being damaged in any way, shape, or form. Music of the quality-level we have come to accept can be just as effectively produced under a profitable model that allows free downloading.

    and they are breaking the law

    When the laws are unjust, the just must become outlaws.

    And yes, these laws are unjust. Or, at best, just really stupid and requiring much injustice in order to be enforced.

    Too bad they won't let it go without a fight.

  34. i dont understand by eight+and+a+quarter · · Score: 1

    record companies profit off of album sales
    artists profit off of concerts


    why are artists hurt by P2P?

    --
    lameness filter thwarted.
    1. Re:i dont understand by shark72 · · Score: 1

      "why are artists hurt by P2P?"

      I think your misunderstanding lies in your hugely broad generalization. There are many, many artists who don't play concerts and who make all their money through CD sales. Plus, CD sales lost to piracy reduce the artist's chance to make more CDs, which limits their ability to get concert gigs in addition to, of course, royalties from CD sales. And, the record industry is hugely speculative -- the big hits finance the majority of the CDs that are money-losers. The more risky the business becomes, the more likely record labels are to concentrate on the "safe" (read: crappy) artists that are guaranteed money-makers, in both promoting the music and producing it in the first place. This limits new and unproven artists' ability to get recording contracts and get their stuff heard.

      Those are just a few off the top of my head. I hope this helps.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:i dont understand by Maxo-Texas · · Score: 1

      Artists get about 10 cents of any apple itunes sale.

      They should get about the same for other sales but typically the record company has "promotion" expenses that come to 10 cents (or more sometimes) per sale. So most second tier acts (and many 1st tier acts who can't renegotiate) end up having to tour to make money and may end up owing the record company money after a successful record.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  35. I had a terrible dream about this... by graveyardduckx · · Score: 0

    It was about some foreign person in a subway... he dropped his iPod and put it back together with electrical tape... and got shot in the head for failing to stop when police ran after him. As it turns out, he couldn't hear them because he was listening to some legally downloaded Spice Girls music... I'm afraid to go back to sleep after that.

  36. Lost sales by Anonymous Coward · · Score: 0

    So... am I the only one who, when told that a certain company may sue me, doesn't really feel any more inspired to give them my money for the products they're still trying to sell me?

  37. And did you know... by BluhDeBluh · · Score: 1

    that the UK buys the most albums per person of any country in the world, at 2.9 albums per person? So what are these lawsuits for, other than FUD?

    Why sue people when the country in question buys an insane amount of music anyway?

    Source: <a href=http://news.bbc.co.uk/1/hi/entertainment/musi c/4738181.stm>BBC News</a>

  38. Damaging music? by ruiner13 · · Score: 1
    "...they are damaging music..."

    From what I can tell, the music industry is doing it all by themselves. I turn on the radio these days just to make sure it still sucks (and it does) and ClearChannel is still playing the same damn songs they were 2 years ago. It all sounds the same, lacks innovation, and gives no one compelling reasons to purchase it. I have no idea how pirating the one good song they play on the radio is "damaging music". Aren't they worried that suing their potential customers is only going to make people neither buy music nor even want to pirate it, at which point they no longer have an audience even on the rare occasion something good does come out. These people are absolutely retarded in their mind set.

    --

    today is spelling optional day.

  39. Did somebody forget... by B11 · · Score: 1
    That Rock and Roll was about sticking it to "The Man?"

    Seriously though, these companies control development, production, distribution, and marketing of their product. Of course they're going to go after anything that threatens such tight control and "yummy" profits, even the talent and the customers.

    Continue not to buy their product, consume it in the way you see fit. Go to live shows, suport the artists directly, and support artists that are independent of the "machine." These record companies will go out of business or figure out a way to continue their business that fits with what we are willing to pay for, such as handcuffware-free ways of listening to music. Once the "hits" marketing machine goes away, maybe music will come back.

    And don't listen to commercial radio, that's part of the marketing machine.

    --
    insert inflammatory anti-microsoft comment here
    1. Re:Did somebody forget... by shark72 · · Score: 1

      "These record companies will go out of business or figure out a way to continue their business that fits with what we are willing to pay for, such as handcuffware-free ways of listening to music."

      Unfortunately, the iTunes Music Store has been a fantastically wild success by any measure. They just sold their 50 millionth track and their traffic is still growing exponentially. Apple and the record companies are laughing all the way to the bank.

      I'm bemused by people who say things like "the record companies will go out of business unless they give consumers what they really want... DRM-free music!". Apple, Napster and the like have clearly shown otherwise. The music stores that specialize in what you say consumers demand (Magnatune, MP3Tunes, and the like) are floundering.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Did somebody forget... by Anonymous Coward · · Score: 0

      Floundering? Is that some kind of deep sea fishing or maybe fisherman slang for trolling for 'tang? We used to call it 'tuna'.

    3. Re:Did somebody forget... by TeknoHog · · Score: 1
      Amen! I couldn't agree more, but perhaps I have something to add here as well...

      I like to remind people of the economic theory that the price of a good tends to its marginal production cost, which for a CD must be less than the price of a blank CD-R. The price of information itself is zero by this argument.

      On the other hand, I think people should be paid for the work they do.

      The twist is that the work that musicians do is not the duplication of bits, it's the making of music! Therefore it's natural to pay for live gigs, if you want to pay for their work.

      It may be that I've come to feel this way only because I'm an amateur musician myself, and I've never had records sold, but I've been paid for live performances. But even when I'm audience, I think a live gig is an experience worth a lot more than listening to a CD at home.

      Moreover, I think a gig is a natural place to sell CDs as well, and not just because you're more prone to buy it there. For me the most beloved CDs are by bands I've experienced live, because they take my mind back to the show. So I still buy CDs, but mainly because of the live shows. Besides, the bands usually sell their stuff a lot cheaper than the usual music store.

      --
      Escher was the first MC and Giger invented the HR department.
  40. Forget downloading. Visit your local library by spisska · · Score: 1

    My library, for example has thousands and thousands of CDs, with an especially rich collection of jazz and blues but with plenty of fairly recent pop music as well.

    You've already paid for access to your library's resources, so you might as well use them. Plus, considering that the American Library Association is willing to stand up to the Feds when it comes to snooping at people's library records, I don't think the RIAA has much chance to see what I've borrowed, and even less chance to prove that I've ripped anything.

    I will not buy another CD from an RIAA company as long as they keep up this nonsense, nor will download anything from them legally or otherwise. But those CDs at the library belong as much to me as to anyone else in my county. I do intend to keep using what is mine.

    1. Re:Forget downloading. Visit your local library by nalfeshnee · · Score: 1

      Mod this up!

      People seem to have forgotten their local library in all this mania about downloading dubious-quality CD rips done by ten year-olds.

      The main libary here in Hamburg, Germany has a pretty good collection and it will be a while before I have exhausted the few tens of Euros I spent on a yearly library card (it's not free but it is very very cheap) by ripping their entire classical, jazz and folk sections.

      More power to libraries (a.k.a. "legal file-sharing via sneakernet"), I say!

      --

      -- Despair is an operating system that ANY human being can run, sort of a psychological JAVA --

    2. Re:Forget downloading. Visit your local library by Chemicalscum · · Score: 1

      Yes exactly - my library has a fair collection of punk from the seventies to the present which I am am slowly working my way though.

      I legally download free music from artists and indie label websites and also from sites like epitonic.

      I buy CD's but only from non RIAA/CRIA indie labels.

      Lock out the pigopolists !

  41. The Real Proof of the Pudding by Nom+du+Keyboard · · Score: 1
    The real proof will be getting an actual conviction. Proving that it was more than just an IP address sharing the files. Finding the actual computers (diskwipe anybody). Proving that files were actually downloaded by another person (this is going to be tricky). Proving what losses you've actually suffered because of this. Proving that the files weren't already available elsewhere (where did these alleged file sharers get them). Proving it wasn't somebody else breaking in over you know highly insecure WiFi adapter. And then there's getting money out of a poor college student.

    And what happens when even one of these cases is lost by the music monopoly? Can they risk that? I will be highly surprised to see any of these cases actually reach a verdict.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  42. Re:Damaging music? Easy. by Nom+du+Keyboard · · Score: 1
    How does one damage music?

    Easy. Any level of lossy compression is a damaged version of the original. And if consumers get used to listening to damaged music, and even like it, well bad music will certainly drive good music out.

    Then again, it's hard to imagine anything more damaging to music than a circa 1960 era car radio with a 5-inch paper dynamic speaker cone that has baked itself into petrification after a few summers inside a closed up car. Clearly after a couple experiences with that, no one listened to music in the decade of the 1960s any more.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  43. not a single mention of theft in tfa by capicu · · Score: 0

    the words theft and stealing were ominously absent from the article. this makes capicu happy.

  44. Re:legality....Selling Air by Nom+du+Keyboard · · Score: 1
    It's kinda like making a business selling air.... Something that has always been around and something that isn't ever going away and somewhere someone had an idea to make a profit selling something that should be free...

    Wow, selling air. What a concept. Before you know it they'll be selling water too -- and at prices higher than gasoline.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  45. If you don't like the license - don't buy it by Alain+Williams · · Score: 1
    It is their property so they get to choose the copyright (license).

    It is your money so you get to choose what you spend it on.

    If you don't like the fact that you spend £15 on a CD and can't give your friends a copy, then leave that £15 in you pocket or spend it on something else.

    We (actually: RMS) didn't like the license on some software 20 years ago, so he started GNU and wrote his own putting it under the GPL. Rather than wingeing about the nasty record labels - do what RMS did: produce your own music and release it under the creating commons license (or something). Like that we will all be able to enjoy your music for free.

    This sounds nice, the trouble is that music isn't like software: incremental improvement doesn't seem to work; the name of author of s/ware is (largely) unimportant, who did the music very often is (it helps if they are pretty as well - counts out most slashdotters then).

    The above are in the nature of the way in which music is promoted, there is no established ''market'' in: artists putting their music up for free download; letting others take it, improve it, release it themselves. It would take time for this to catch on, but there are benefits: we are all richer since we don't give lots of $£$ to the record labels; many individuals all over become involved in the creation/performing/... of music - getting involved is a good thing.

    The above would take time, but the meme could catch on. We have the technology, we just need some good musicians, we need to make this fashionable and make fashionable music freely available.

    I think that good music is good music, I can't understand why it is so subject to fashion (disclaimer: I mostly listen to classical music).

    1. Re:If you don't like the license - don't buy it by Anonymous Coward · · Score: 0

      Actually incremental improvement does work for Music.

      Believe it or not, some of us are doing exactly what you suggested and even better. Take myself for example, Im producing music and am working to set up a community license much like the GPL, where you can use lyrics, songs, recordings, musical instrumenst, musical software to create mixes and your own tracks from. With the condition that if you use Community License material in your musical production, then you MUST release your music under the same license.

      The GPL is an inspiration to us all. So you see, its not just cheap talk. Some of use are actually doing something, by NOT FIGHTING THE MEDIA, BE THE MEDIA

      Check out p2pnet.net,

      They have a lot of intelligent and well principled people fighting the good cause!

  46. This is a really horrible fate... by suitepotato · · Score: 1

    ...getting sued for pirating an Oasis track. Well, I hope those on the receiving ends remember this in the future and learn to pirate higher on the musical foodchain... like Mozart, or Beethoven...

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
  47. Is there an end? by EmperorKagato · · Score: 1

    Silly RIAA, downloading is for kids.

    Borrowing CDs from the library and then ripping them to PC? Someone's sleeping at the wheel!

    ---

    --
    ----- You know you have ego issues when you register a domain in your name.
  48. It Isn't The Music That's Being Stolen by Nom+du+Keyboard · · Score: 2, Insightful
    It isn't the music that's being stolen.

    What's being stolen is the Public Domain. It is being stolen by ever increasing lengths of copyright durations that far exceed the -- in the USA at least -- expressed intent of encouraging the creation of the performing arts.

    The moment something is created, the copyright in effect at that moment was clearly sufficient for its creation. Extending it afterwards only steals from the public at large to benefit -- not the individual artist to any great extent, who may already be dead -- but the giant publishing corporations who have sought to own all creative works in perpetuity for centuries now. The American Constitution specifies secure for a limited period exactly because European publishing houses of the time had been able to lock up copyrights forever.

    Now we've become them!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  49. I used to respect you Strat! by Colourspace · · Score: 1

    But now I think you are a twat, as we say here in the quaint old UK. I have straight teeth, perfect nose and excellent hair - you insensitive clod!

    1. Re:I used to respect you Strat! by stratjakt · · Score: 1

      I never said they werent straight, just ugly. And that your ears stick out.

      And as for your nose and hair, I didnt bring that up. But its obviously something you're sensitive about, so I wont make a comment.

      So much for stiff upper lip! I knew the chunnel was a bad idea, now you guys are sissies too!

      --
      I don't need no instructions to know how to rock!!!!
  50. Being too young for a credit card... by HatofPig · · Score: 1
    I don't have much choice when it comes to getting music on my computer. I'll tell you, the crap I listen to (Styx, ELO, Rush, Supertramp) is stuff that I (or my dad) already own on vinyl. I only download music so that I can listen to it on my computer, or portably.

    Would that matter at all? Or would it be because I also have sharing turned on, and am uploading to other users as well? I think that we (teenagers) need the other side of the story, not that we'll slow down in our music downloading any time soon (or that our parents will give us their credit card numbers for iTunes).

    --
    Silicon & Charybdis McLuhan Kildall Papert Kay
  51. Why doesn't iTMS sell independent artists? by Nom+du+Keyboard · · Score: 1

    I don't seen any independent artists selling in iTMS at a discount to the $.99 being funneled to the big companies. It might bring Big Music down if you could buy better stuff for less money. And wasn't Apple always about bringing down Big Everything to benefit the Common Man?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Why doesn't iTMS sell independent artists? by shark72 · · Score: 1

      If you mean artists who are on indie labels, there's a ton of that on iTMS -- in fact, most of the content is from non-RIAA labels.

      If you mean unsigned artists, they're on iTMS as well. It's similar to the fact that many good record stores carry CDs by unsigned artists, but the majority of their inventory is from labels. If you're an unsigned musician you generally have to go through a third party to get your stuff sold on the big online stores. I believe CDBaby used to provide an encoding service for unsigned musicians, but in perusing their site, it's not apparent that they still do.

      At any rate, the reseller sets the final price, and Apple won't sell your track at less than $0.99 because they don't need to. You probably heard all the noise when they sold their 50 millionth track a few weeks back. There's just not enough elasticity between $0.99 or $0.89 or $0.79 to make me want to buy more music, and I'd bet their research has shown that there's lots of other folks out there like me.

      --
      Sitting in my day care, the art is decopainted.
  52. Damaging Music? by frank_adrian314159 · · Score: 1
    they are damaging music...

    Are they dropping it on the floor and breaking it? Running it into a tree? Spraying grafiti on it? Where do these guys get these statements?

    And how in the hell do you "damage music" any worse than Britney Spears does when she sings?

    --
    That is all.
  53. Oh my god!! what about the Children!?! by Viper233 · · Score: 1

    Can't you see that downloading songs illegally is causing our children so much pain...
    Why don't you just stop downloading music illegally and think about the Children

    -- "Litigation as a business plan? you're not kidding..."

  54. CDbaby yeah by HermanAB · · Score: 1

    All the new stuff I get, is from CDbaby.

    Well, I have bought some old CDs from Amazon too, but record stores? Nope. At the rate record stores are closing down it is clear that lots of people feel the same.

    --
    Oh well, what the hell...
  55. Why would encryption matter by SuperKendall · · Score: 1

    Yeah, you shouldn't be running an unencrypted wireless router; if someone uses it for illegal activities, then you are responsible for providing them the tools.

    But when WEP is so easy to break, even if you have encryption turned on you are not really stopping anyone from using your network. Is that enough or is it possible that currently it's simply not safe to have a wireless router at all? If someone uses your network for something illegal, and you have WEP enabled - is that enough to protect you from charges like we have seen against other wireless AP owners?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Why would encryption matter by TommyBlack · · Score: 1

      It doesn't matter how easy encryption is to break; once someone tries to break it, that's unauthorized access, and you shouldn't be responsible for what they do.

      Of course, it's already been pointed out that this matter is about a civil case and so this argument doesn't really apply to this topic.

      --
      Why do my serious comments get modded "funny"?
    2. Re:Why would encryption matter by oneeyedelf1 · · Score: 1

      You say that its unauthorized access if encryption was put up. But with or without encryption accessing a network you do not have permission to is deemed unauthorized access...

    3. Re:Why would encryption matter by nzkbuk · · Score: 1

      The difference is if you enable WEP then you have taken reasonable steps (legally) to prevent unauthorized access.

      It's the difference between closing and locking your front door.

    4. Re:Why would encryption matter by dotgain · · Score: 1
      Bad analogy.

      Where I come from, unless there's a sign on the door saying "OPEN" or "ENTER", thou shalt not.

    5. Re:Why would encryption matter by nzkbuk · · Score: 1

      Why is the analogy so bad ? I was talking about the legal difference.

      Where most people are from on here there are differences in the law between trespass and breaking entering (sometimes called forced entry).

      Typically Trespass is a misdemeanor. That's your sign on the door.
      To make matters worse, with a good lawer you'd stand a good chance fighting the trespass.

      I failed to talk about the quality of the lock.
      If you have the poorest quality lock on your door and it was locked, judges, police, (and to a lesser degree insurance companies, they care about the lock quality) will still consider the door locked and so treat the case completely differently than a door with no lock.

    6. Re:Why would encryption matter by dotgain · · Score: 1

      Agreed, fair enough. I retract my comment and stand corrected.

  56. the new broadcast? by Brandon+Dowell · · Score: 1

    Big record companies may have the wrong mindset on this issue.

    I'm sure radio stations in the UK are a lot like they are in america: the same handful of songs played over and over, from a narrow list of genres.

    I'm not old enough to remember, but from what I gather, radio didn't used to be like this. Instead, it was a medium in which small bands could get their music out to the masses, a medium that people would actually _want_ to tune into to discover new music.

    Those days are now gone, and broadcast radio is all but dead; it seems only natural that P2P should serve as FM's modern-day replacement.

    I really don't know what the RIAA expects us to do when it takes away our only venue of getting new music and then outlaws the alternative.

    --
    cd shower ; make clean ; cd ../bed ; make install
    1. Re:the new broadcast? by 0111+1110 · · Score: 1

      I'm sure radio stations in the UK are a lot like they are in america: the same handful of songs played over and over, from a narrow list of genres. I'm not old enough to remember, but from what I gather, radio didn't used to be like this.

      I think radio music has pretty much always sucked. Long before Clearchannel. And small (unsigned) bands never got any radio time at least as far back as I can remember (mid 1970s). If you think today's pop music is bad (and it is) just imagine hearing the Bee Gees or Barry Manilow played over and over again.

      One difference is that one company now owns most of the stations in the US. Identical (computer generated?) playlists of the latest rehashed, cheap to produce, garbage is now all you hear.

      But the biggest difference is that you no longer have to blindly buy music just hoping that there is something you will like. The record industry can no longer get away with printing a record with one 3 minute radio hit and another 57 minutes of filler songs that took the band all of 5 minutes each to produce. Most online music stores allow you to play 30 second samples of nearly every song. Even on some rare and old stuff. Between that and the (illegal) P2P networks you really can try before you buy. That is such a fundamental change.

      In the 70s and 80s I almost never bought music because the radio was the only way to hear anything other than randomly buying albums. Occasionally I would hear an album in a record store that I liked. Sometime in the late 80s there was a CD store near me that allowed you to actually listen to an entire CD before you bought it. For the first time in my life I felt free to actually try new music. Stuff that I had never heard on the radio. It was amazing. The problem was that they charged a premium for the actual CD. So it was tempting to listen to it at the store for free and then buy it elsewhere to save a few bucks. They didn't stay in business very long.

      I started to see used CD stores pop up in my area at around this time, but their selection was pretty poor by any standard and they didn't pay much for CDs. Besides, before minidisc and DAT came out in the early 90s there was no way to make a digital copy. High quality metal tapes were pretty good but they wore out.

      I think it was Amazon that really changed things for me. Along with Audiogalaxy. As much as I despise Bezos for his abusive patents, I gotta give the guy credit. It was great. The large selection and that whole suggesting similar music thing (which I guess he now has a patent for) was incredible. I could listen to 30 second samples of quite a few albums. Then I would download them from Audiogalaxy (which had almost everything) to see if I really liked it. Then I would buy the album from Amazon at least partially to reward them for helping me find new music. It's still that way for me except that I use soulseek or emule and don't have a job or any money so I have to be satisfied with low quality mp3s until I find a job again.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  57. Only enforce "important" laws? Again? by goldspider · · Score: 1

    Back to that again, are we? So while dangerous stereo thieves and Muslim bombers are still on the loose, I suppose law enforcement should just ignore the rest of the crime being committed in the UK.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  58. Breaking the law by Anonymous Coward · · Score: 0

    If only there was a law againt price fixing...

  59. Funny by StarWreck · · Score: 1

    When I used to download free music from Audiogalaxy, I used to buy tons and tons of CD's. Maybe 2 CD's per week. The lawsuits against music users in the US helped get the message accross about how evil the music industry was, so I stopped downloading music. And I also stopped buying music from them. Now I get music exclusively from non-RIAA sources like www.magnatunes.com

    Funny, if the lawsuits had never happened, I would STILL be buying 2 CD's per week. As it is now, I havn't bought a single CD from a member of the RIAA in 2 years I believe.

    --
    ... and in the DRM, bind them.
  60. iTMS: buy, burn, rip by tepples · · Score: 1

    Itunes suffers the same problems all (most?) other legal download services have: DRM. This is the sticking point that will keep me from buying legal music services. Until I can get an unrestricted MP3 or OGG file, I'm not interested.

    Buy, burn, rip, and you've got an DRM-less .aiff or .wav file. Encode that to an DRM-less .ogg file.

    1. Re:iTMS: buy, burn, rip by nzkbuk · · Score: 1

      Or you just use the many apps out there to make a m4a out of the m4p (copy the file without the DRM in it)

    2. Re:iTMS: buy, burn, rip by Anonymous Coward · · Score: 0

      And lose yet MORE quality from the already-downsized AAC! Great idea there.

    3. Re:iTMS: buy, burn, rip by tepples · · Score: 1

      Some claim that an unencumbered file is worth the quality loss.

  61. Music should be free by inkysplat · · Score: 1

    "Music is everybody's possession. It's only publishers who think that people own it." --John Lennon In my opinion music is (or at least) should be free. How can a record company slap a price on someone's guitar playing and voice? I could understand paying for the media, eg a CD because they cost money to produce, and i can understand paying a little extra for a CD for the marketing costs and distrobution. However the song itself is just recorded sound produced by someone with natural talent, and even so in ogg format it costs nothing to produce. The artists can nowadays even record they're own tracks using inexpensive computer software or better yet open-source software like audacity? Why don't the musicans instead of trying to get rich and famous just go and release they're music in the Creative Commons License, if the band were that good they would be famous because of hearsay. It could be like the Open-Source software world at the moment, guys with day jobs who program in the evenings, why can't musicans get a day job and write and play/record by evening?

    1. Re:Music should be free by 0111+1110 · · Score: 1

      guys with day jobs who program in the evenings, why can't musicans get a day job and write and play/record by evening?

      Even some signed and famous musicians have day jobs. A vocalist for one of my favorite artists also works as a waitress 'cause she has to pay the bills. Haha. Seems like those royalties don't add up to that much. I wonder what percent of signed musicians can make enough money to support themselves without day jobs.

      I don't think that musicians should just release all their music for free unless it is their first album and no one has ever heard of them. Otherwise they can just open their own online store and sell FLAC/OGG/MP3 files along with free downloads of 30 second samples of same. If the music is good, they should have no problem making a decent living without the record company.

      Remember some fans want to give the band some money for their work. I am anything but rich, but when one of my favorite artists ever put up an Amazon donation jar. I donated the max of $50. I liked the idea that they would actually be buying something (maybe lunch?) with my money! It was cool. It still wasn't much but it was the least I could do for what they had added to my life. If 90% of that had gone to the record company obviously I wouldn't have bothered. Although I own new copies of all of their CDs I still feel like I haven't paid the artist since they might get like $1 per CD. What a joke. A waitress gets a bigger tip than that.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  62. allofmp3.com by slashpot · · Score: 1

    Go to allofmp3.com - its legal, its extremely cheap, it works great, and the russian mafia is not really into coke

  63. Maybe I'm a little old by Allnighterking · · Score: 1

    But I remember the days when companies tried to get my dollar by offering me quality and service. Now it seems we get handed BS, and threats. Gone are the days when loyalty mattered. Now. Screw you if you aren't new.

    --

    I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  64. Re:Only enforce "important" laws? Again? by Anonymous Coward · · Score: 0

    No. Perhaps its a bloody disgrace the legal system has degenerated into the mess that it is now.

  65. Here is how I ruin music by $uperjay · · Score: 1

    1. Look up a band I like on AMG / talk about it on a music forum / chat with one of the guys down at the record store about it

    2. Look up bands I heard about from (1) on Soulseek

    3. Listen to music I 'stole' during (2)

    4. Buy vinyl with music I enjoyed during (3)

    5. Goto (1)

    Don't be like me. Enjoying music will destroy the industry. Piracy is the greatest threat to free thought in all of the entire universe. And don't get me started about checking out live acts in your town or city: if you were to buy a record on the basis of a good live show, you'd drive thousands of innocent artists into the merciless streets. Honest.

  66. Democracy, my butt, you have a police state by Anonymous Coward · · Score: 0

    At least in America we aren't on camera 24/7 and don't go to jail if we refuse to give up our encryption keys. And just how is that GPS based road tax and national ID coming along?

  67. The music industry by Pranadevil2k · · Score: 1

    The damage being done to the music industry is: Spending lots of money on antipiracy protection on CDs (that don't work, and cost the artists extra) Decreasing the number of songs per CD Increasing the price of CDs because piracy is hurting sales So, we have the music industry making you pay more for less for no benefit whatsoever, because the execs think they're losing money. I've seen reports that go both ways on the issue. Lots of people who pirate music go out and buy the CDs after listening to the songs. Personally I think the real issue is that artists get paid too much. People in the music industry, especially after "hitting it big" so to speak, get rich very quickly. The more one artist is getting paid, another artist will notice and want more money too. Same deal in professional sports and acting. These people certainly work dilligently (actors and athletes, only some music artists) but I don't think they deserve multi million dollar salaries. Especially not when important social jobs that are NEEDED for our (US) society get paid so little.

  68. Just Buy the CD dumbass! by johnnytv · · Score: 1

    As a musician who is independent from the record industry, we have come to regard the CD as little more than a business card nowadays. Why? Because the fact is, most retail CD's are overpriced, and most records nowadays are done with very little financial support. To go into a recording studio on average you pay around $500-$1200 per day in a good recording studio with qualified personel. Just as most of you wouldn't cheap out if you needed a good mechanic, same goes for recording. With that in mind, record companies have things rigged so well that they undermine the process by only backing artists that have the potential for big payout on the first record. In days past, companies "developed" artists by allowing them at least three records to begin to establish a career. Now, forget it. As well, the average record contract pays pennies to the artist while most of the retail price goes to the label and their infrastructure. Bottom line is, if you need a good computer, you pay for one. If you want the CD that you love, buy it too. Quit looking for the cheap ass way out, or blaming the companies, as they are always in it for the profit. Music that makes you happy is special, that's why we musicians give it away for the most part, expecting the fans will only come back to the next show or buy the next CD. Perhaps that is the lesson in all of this. Sure you can get it legitimately, but somehow in your mind if you aren't 100% with a CD, you feel you should rip it just to get what you want.

    --
    Install, Then Run
  69. Re:Damaging music? Easy. by nzkbuk · · Score: 1

    Easy. Any level of lossy compression is a damaged version of the original. And if consumers get used to listening to damaged music, and even like it, well bad music will certainly drive good music out.

    Try getting a copy of the somg from any online retailer and all of them will be low bitrate DRM's. If the p2p version is superior (technically) to the (online) retail version, then how is it damaged ?

  70. Reprint of my letter to the inq - Music Piracy by burnttoy · · Score: 1

    direct link http://www.theinquirer.net/?article=9250

    This was published by the Inq a coupla years ago after the RIAA went batshitloco on the great American consumer. It was written by me to make a point or 2.

    Subject: Music Piracy....

    Hi there - I'll try and make this quick... I have work to do too you know!

    1 - People pirate music because it is easy and "natural". To the industry sharing == piracy to the individual NOT sharing == miserable bastard.

    2 - If I knew cash from music sales was actually going to the artist(s) I would be far happier buying it - if I can I will buy DIRECT from an artist (e.g. at a gig, from their OWN webshite etc).

    3 - If CD's were cheaper I'd buy more - I do not like paying 15 quid for a CD. TBH I do most of my music shopping at places like SelectaDisc (Berrick Street for those in the know in Soho) - cheap with an excellent range - older CDs and back catalogue items can be had for 5 to 10 quid - GUESS WHAT!!! When I go into this shop I don't buy 1 CD at 15.99 I buy 3,4 or 5 CD's at 5 to 10 pounds each - yes I know that adds to more more but the encouragement to buy provided by impulse purchase prices is incredible! Plus I know I have a good few hours of listening to do.

    4 - There is now an enormous back catalogue of music - I may be a 30 something Goth but at the Prism Multimedia shop up the road I can buy Johnny Cash's greatest hits for 3.99 - now that is amazing value.. so I bought it - and some Elvis and some Little Richard (I likes me rock n' roll) - The back catalogue problem is obviously a huge one for record companies (an increasingly dead concept) these (often dead) artists are cutting into the sales of modern artists (usually living but in the case of Girls Aloud I have yet to come to a conclusion). Classical music has an even bigger problem here as the works are often the same (e.g. Messiah) performed by different artists. Once a classic recording has been made (with good fidelity) why go back and do the same thing again? There are reasons but few that encourage sales.

    Penultimately to back up some of these assertions it is interesting to witness the rise and rise of "alternative" (bogus phrase) music such as Metal, Death Metal, Goth, Techno, Garage House etc. More music is produced but to a smaller audience - the total audience is growing however.

    Ultimately - there are a lot of artists and I suspect the days of 1,2,3 million selling singles have pretty much gone. There are now more artists, more genres and more listeners - artists can not expect to sell as many records as the Beatles but then consumers have more choice. Warhol was right - many more artists well have 15 minutes of fame. That still means there are 35064 fame slots per year.... nice!

    So... where was the InterWeb in all of this? It is a cheap and convenient way of getting music to customers in places you would never imagine sending a CD to without a huge P&P markup.

    If modern music lacks anything it is credibility and style - you can't buy class you know.....

    30/04/2003.

    That was then, this is now. What's changed? TBH I've never been a huge fan of p2p style networks. Frankly it seems that most people out there are just serous kleptomaniacs or will simply copy, copy, copy because they have a fat pipe and a fast machine. A little pointless in my opinion as they are not discussing, criticising or in anyway taking part in the collective experience of listening to music.

    Also, at least in good ol' London Tan(sic), a lot more small, independent record shops have opened up and these are very appealing to me and to others. HOORAY! Sadly Prism Multimedia has shut down... but been replaced by another cheapo cd store so I ain't complaining yet.

    LASTLY... SHAMELESS PLUG!!! If you want to download some music that the copyright holder is happy to have you sharing, discussing, p2ping then TRY MY WEBSITE! ;-D www.burnttoys.co.uk - all sorts of stuff from sc

    --
    Time flies like an arrow. Fruit flies like a banana.
  71. Re:Only enforce "important" laws? Again? by Anonymous Coward · · Score: 0
    So while dangerous stereo thieves and Muslim bombers are still on the loose, I suppose law enforcement should just ignore the rest of the crime being committed in the UK.

    Actually, they are putting petty stuff like murders on hold

  72. Reducing sales by this sort of action by dunstan · · Score: 1

    A number of artists have twigged that the distribution of illegal copies can have a positive effect on their album sales.

    I'm waiting for one of them to sue their record company for artificially depressing their sales by prosecuting illegal distributors ...

    --
    The last scintilla of doubt just rode out of town
  73. Why share? by msormune · · Score: 1

    Ok so I buy a CD record, happened about 500 times already in the past so I expect this is a fairly likely scenario in the future also. Why would I want to share it in the first place? It says in the CD sleeve copying and sharing the record is illegal as it clearly violates the contract I made with the record company as I purchased the record; a copyright infringement. For the love of being an atheist, just how does this limit my rights? No, don't anyone give me bullshit about how sharing is not a theft. I know it is not. But it is still illegal as you are violating copyright. The record companies have EVERY RIGHT to come after your sorry asses. What are you people still crying about? Are you just trying to justify downloading music for free is legal, because you do not have money or are too cheap to buy the damn CDs?

    1. Re:Why share? by Anonymous Coward · · Score: 0

      Really, I don't think that I make any sort of contract with anyone when I purchase a record. I'm just buying a CD.

      By reading this post, you agree to send me a dollar.

      Now you owe me, biatch!

      See - silly, isn't it?

    2. Re:Why share? by Travelsonic · · Score: 1
      Are you just trying to justify downloading music for free is legal, because you do not have money or are too cheap to buy the damn CDs?

      OR have you become so accustomed to free = illegal that you like so many others have forgotten about the legal and free option: dmusic.com for example? It appears that you like many others have become to accustomed to their montra that the independent artist and the common act if them releasing their music online for free legally has passed over your mind.


      Don't be so broad with the phrase "downloading music for free" when talking about legalities, since it is not all legal, and it is not all illegal.


      * *

      "

      \_/

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    3. Re:Why share? by msormune · · Score: 1

      Oh yea you did. Legally, by purchasing the record, you AGREED and are obliged to follow all the copyright stuff in the record or in its sleave. It's the same thing. What, have you also signed a contract with your government saying you can't drive 200km/h with your car on a highway? No? Well is it legal for you then?

    4. Re:Why share? by Anonymous Coward · · Score: 0

      Nope - I just purchased a record. I didn't enter into any sort of a contract with the record company.

      A government has the ability to make laws, and I am obliged to follow them (although I don't always). While I am supposed to respect the publisher's copyright, it is not because I entered into a contractual agreement with that publisher.

      As far as I know, there is no EULA for music.

      If you respond to this post, you agree to give me a million dollars.

      : D