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RIAA Recommends Students Drop out of College

boarder8925 writes "An MIT student accused of copyright infringement has been documenting her struggles with the RIAA. Upon trying to negotiate her settlement, a representative told her that "the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements.""

869 comments

  1. No comments, already /. 'ed by Anonymous Coward · · Score: 0

    You'd think MIT would hold up better, honestly.

    -Shawn

  2. MIT to community college? by Anonymous Coward · · Score: 0

    They can't be serious.

    1. Re:MIT to community college? by dr_dank · · Score: 2, Funny

      Why not? An MIT kid would DOMINATE over there.

      Reminds me of a friend who was born in Spain and took Spanish in high school. His halfwit teacher could't figure out how a guy with a last name of Perez could score near 100% on every test.

      --
      Where does the school board find them and why do they keep sending them to ME?
    2. Re:MIT to community college? by plague3106 · · Score: 1

      Actually I don't think making copies of songs should bankrupt anyone. There are some many problems with equating copyright infringment with theft I can't see how any reasonable person would try to do so.

      Does anyone else see a problem where a country punishes people more for copyright infringment than murder?

    3. Re:MIT to community college? by topical_surfactant · · Score: 1

      Common sense ("street smarts") and raw IQ intelligence are definately two separate things. Many of the world's greatest scientific minds lack a solid grasp of the world around them. Think autism.

    4. Re:MIT to community college? by Anonymous Coward · · Score: 4, Insightful

      I have to agree.....
      question 1. Did you download copyrighted material without monetary recompense inviolation of current civil law? (notice how I avoid the use of the words "steal" or "pirate", nor did I use the word illegal)
      question 2. Are you not an adult, legally responsible for your actions?...

      You see, I have many things in life that I need, like my house, which I need as much as this person needs his/her education. I could get a cheaper house, she/he could get a cheaper education. If I were to be hit with a lawsuit that would surely bankrupt me, I would be forced to sell my house (or give it up in other ways) As an adult, I am responsible for my actions, and if I take actions that endanger the stability of my life, and those things in my life that I consider important, I do so knowing that I may be called upon to live up to that obligation. College is not just a place to get the book knowledge, its a place to learn to be an adult. This is a big lesson.

      You violated the law, you must make restitution. Either settle for what they want, or take your chance with the court, like an adult. No sympathy.

    5. Re:MIT to community college? by punkr0x · · Score: 1

      Yeah and most corporations are real impressed when you show them your Bachelor's from Podunk Community College!

    6. Re:MIT to community college? by Gattman01 · · Score: 1
      Actually, if she had the grades and the money to get into M.I.T. , she should have had enough 'smarts' to not do what she did.
      Think of this as intellectual Darwinism at it's finest. If she had no clue about pirating , she is NOT M.I.T. material.


      How does her choice to pirate deminish her intelligence?

      Plenty of kids I went to college with pirated stuff. Does that make them stupid? No.

      Does that make what they did right? Legally, no.

      Did they think it was ok? Sure.

      My personal view has always been that you can do what ever you want, as long as you are willing the accept the consequences, legal or otherwise.

      As long as you know the possible out comes and are willing the take the risks, then you aren't really stupid.
    7. Re:MIT to community college? by IDontAgreeWithYou · · Score: 1

      Punishment for copyright infringement = $3750 fine
      Punishment for murder = Life in Prison/Death Penalty

      I do agree that the fines given for downloading music are too high. It really shouldn't be any more than the cost to buy all of the music you downloaded. Say $1.00/song like iTunes. Of course this should not include any songs which you already owned on CD, cassette, Vinyl etc. and downloaded rather than ripping yourself.

      --
      Finding other idiots on /. that agree with your opinion doesn't make it any less stupid.
    8. Re:MIT to community college? by dogmatixpsych · · Score: 1

      Of course, then there is the other side. When I took Spanish in Jr. High, the students from Mexico almost always did the worst in class! I always thought it was a little weird, especially since it was basic Spanish.

    9. Re:MIT to community college? by Irish_Samurai · · Score: 1

      My personal view has always been that you can do what ever you want, as long as you are willing the accept the consequences, legal or otherwise

      You are the only other person I have ever heard that follows this idea.

    10. Re:MIT to community college? by 'nother+poster · · Score: 1

      Punishment for 2nd degree murder = 3 years house arrest (monitored), and 5 years parole/probation. Well, at least for my mother-in-law's neighbor. Not a hell of a lot worse than the RIAA settlement, that's for sure.

    11. Re:MIT to community college? by Headcase88 · · Score: 2, Insightful

      Are you sure they were "from Mexico", or just had Mexican descent?

      I mean part or my ancestry is Irish, would you assume I speak Irish? Or that I'm "from Ireland"?

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    12. Re:MIT to community college? by swillden · · Score: 1

      I can't imagine anyone would ever need more than (1^100)^(1^100) bytes of RAM...

      I

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:MIT to community college? by Headcase88 · · Score: 1

      What if you know your action will hurt somebody else (more than it will benefit you) and you also know you'll get away with it?

      (Unless consequences include feeling bad about yourself)

      --
      "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    14. Re:MIT to community college? by Anonymous Coward · · Score: 0

      Nah, you would be a whiny bitch trying to figure out how to get out of it just like everyone else.

    15. Re:MIT to community college? by Anonymous Coward · · Score: 0

      *yawn* /'nough said

    16. Re:MIT to community college? by dusik · · Score: 1

      >> "What if you know your action will hurt somebody else (more than it will benefit you) and you also know you'll get away with it?

      I think you're missing the point. GP didn't indicate his advice is for the purposes of being "good", nor did he say doing what you want as long as you know the consequences means you're a good person. He just said that means you're not stupid.

      That reminds me - I've always thought it was illogical when a kid hurts another kid, and the victim screams, "That hurt, dumbass!"

    17. Re:MIT to community college? by Irish_Samurai · · Score: 1

      Wow, thats an open ended scenario.

      Regarding what? Me making money? Me getting a dream job? Me saving the world through double homicide?

      Come on man, just because I understand that I can do whatever I want in theory if I don't mind the consequences doesn't make me a heartless evil bastard. The behavior is usually of the "victimless crime" type.

    18. Re:MIT to community college? by stevew · · Score: 1

      I have a contrawise example from a foreign exchange student (this is WAY off topic - but a good story anyway) I'm going to see the guy in a couple days for the first time in 25 years..

      Anyway - Mika lived with me when we were both 17 years old during my senior year in high school. Oh - very important to the story is that Mika is from Finland (he's met Linus but that is ANOTHER story).

      So naturally Mika took an English class while attending American High School. He pretty reliably was receiving D's during this process.

      My father went down to talk to the English teacher to see if he could understand why Mika was having such a horrible time in this class. The teacher commented that his work wasn't that good and didn't compare well with the other foreign exchange students the teacher had encountered. My Dad asked him where those other students were from...uhm England, Australia, and New Zealand. The teacher couldn't see the fact that those are ENGLISH SPEAKING COUNTRIES! Mika took his D's and ran with it - I'll just say that he has been quite successful in his chosen career since then and the English teacher was an idiot ;-)

      --
      Have you compiled your kernel today??
    19. Re:MIT to community college? by lesleymac · · Score: 1

      There's a pretty big difference between proper Castelian Spanish and the language of the streets in Mexico. You have to unlearn the bad habits you've learned before you can really learn the grammatically correct version.

    20. Re:MIT to community college? by Gattman01 · · Score: 0
      What if you know your action will hurt somebody else (more than it will benefit you) and you also know you'll get away with it?

      (Unless consequences include feeling bad about yourself)


      Yes, guilt is a consequence. As is someone seeking revenge for feeling that they have been wronged, however the person seeking revenge also takes on responsibility for his/her actions.

      As long as someone knows what the consequences are, and is willing to accept responsibility for them, then they should be able to take the action.

      If someone steals something, they should do so knowing they might get caught and face the consequences.
      Does that make it ok to steal? No
      Can they somehow try to get out of it? Yes, as long they are willing to accept those possible additional consequences.
      Does that make it ok to try to get out of trouble? That depends on your own view, in mine it does as long as you accept the consequences, which could include loss of creditability.

      My point is that every action has consequences. Guilt, revenge, loss of creditability, fines, incarceration, if you are willing to accept these results, then you are free to choose the action that causes them.
      That does make an action "right", but it doesn't restrain you from not performing it.
    21. Re:MIT to community college? by TheJediGeek · · Score: 0

      The extortion fees are for SHARING, not downloading. They can only get people for SHARING files. Every single case has been brought for sharing files. The RIAA tries (and the media usually helps) to convince everyone that they can get in trouble for downloading. The RIAA can't prove anyone is downloading. Sharing is what they're going after.

    22. Re:MIT to community college? by Eunuchswear · · Score: 1

      Frankly, many Finns speak better English than most English people. As for Aussies & Kiwis, forget about it.

      --
      Watch this Heartland Institute video
    23. Re:MIT to community college? by jank1887 · · Score: 1

      actually the $3750 isn't the punishement imposed for copyright infringement. It's what the damaged party is willing to accept in lieu of subjecting you to the punishement imposed for copyright infringement.

    24. Re:MIT to community college? by Anonymous Coward · · Score: 0

      I had the same experience, and yes, the students were from mexico.

    25. Re:MIT to community college? by lgw · · Score: 1

      Actually, if she had the grades and the money to get into M.I.T. , she should have had enough 'smarts' to not do what she did.

      Life experience comes into play too here. I'm guessing she's smart enough. Eventually the RIAA will succeed in pissing off someone smart enough to make a p2p tool that the RIAA simply can't trace, and make it their life's mission to make that tool popular, just to get revenge. A tool like FreeNet, except with bandwidth, would do the trick, if combined with a killer UI for Windows.

      Eventually someone with nothing to lose will hit the RIAA where it hurts. Heck, if the tool is good enough, it might become a voting issue if the RIAA tried to legislate it away.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    26. Re:MIT to community college? by kayditty · · Score: 0

      So becoming an adult is accepting society's ignorance, the corporations' enslavement, and the government's legislation as it is, without question or action of your own, free thinking mind? I don't want to be an adult.

    27. Re:MIT to community college? by Anonymous Coward · · Score: 0
      " Common sense ("street smarts") and raw IQ intelligence are definately two separate things."

      Hmm, well you can't spell definitely correctly, so does that mean you don't have a high IQ or lack common sense?

    28. Re:MIT to community college? by triffid_98 · · Score: 2, Funny
      I mean part or my ancestry is Irish, would you assume I speak Irish? Or that I'm "from Ireland"?


      Of course. Hey, aren't you part of the IRA too?
    29. Re:MIT to community college? by compro01 · · Score: 1

      well, assuming that the average Mexican school's Spanish program is comparable to the average American school's English program, i can certainly see that being possible.

      or it could be that different dialects of Spanish were being used, and thus the difference there would be enough to royally screw up things.

      --
      upon the advice of my lawyer, i have no sig at this time
    30. Re:MIT to community college? by toddestan · · Score: 1

      Of course, then there is the other side. When I took Spanish in Jr. High, the students from Mexico almost always did the worst in class! I always thought it was a little weird, especially since it was basic Spanish.

      Probably for the same reason that my Spanish teacher in high school gave lectures in English about the English language in Spanish class more than once. How was she supposed to teach us what a past participle was in Spanish if we didn't know what one was in English? (the fact that you can be fluent in English and not know what a past participle actually is seems mostly irrelevant to the people who design high school language programs).

    31. Re:MIT to community college? by plague3106 · · Score: 1

      First, the fines I've heard have been much higher for copyright infringment than you state.

      Secondly, while murder should land you in prision for life, you're typically out in a few years. Some have been known to be out in 10.

    32. Re:MIT to community college? by Anonymous Coward · · Score: 0

      Do you Slashdotters ever wonder how many of these hard-nosed "no sympathy" people are RIAA shills trying to win over your acquiescence to their approach?

  3. Perfect... by InVinoVeritas · · Score: 5, Funny

    Drop out of school so you can afford the settlement offer, which will severely hinder your earning potential, causing you to pirate more material because you can't afford it... lather, rinse, repeat.

    1. Re:Perfect... by CPT+Carl · · Score: 5, Insightful

      I'm surprised the RIAA hasn't tried to re-introduce the concept debtor's prisions. That seems to be the timeframe they think they're operating in...

      --
      THIS SPACE FOR RENT Call 1-800-555-CARL
    2. Re:Perfect... by jozi · · Score: 5, Funny

      "lather, rinse, repeat."

      I finally figured out the mystery why programmers always use the entire bottle of conditioner when taking a shower... Thank you!

      --
      "If you can't live without me, why aren't you already dead?"
    3. Re:Perfect... by ImaNihilist · · Score: 1

      It's funny because it's true.

    4. Re:Perfect... by Anonymous Coward · · Score: 1, Insightful

      causing you to pirate more material because you can't afford it

      Why is pirating allowed if you cannot afford it? i learned that if you cannot afford it, you don't get it. Fricking commies

    5. Re:Perfect... by networkBoy · · Score: 4, Funny

      It's sad because it's funny.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    6. Re:Perfect... by giantsfan89 · · Score: 1

      Dang....

      Ladies and gentlemen (ok maybe just gentlemen), I think this Latin dude just solved the '...' step right before 'Profit!!'

      --
      Don't ping my cheese with your bandwidth!
    7. Re:Perfect... by Tim+C · · Score: 1

      He's not saying it'd be ok, he's saying it's a likely consequence.

      Duh.

    8. Re:Perfect... by ScoLgo · · Score: 2, Insightful

      "Why is pirating allowed if you cannot afford it? i learned that if you cannot afford it, you don't get it. Fricking commies..."

      Piracy, schmiracy. I don't see any eyepatches, parrots, or bottles of grog being passed around. On the other hand, copyright infringement isn't legal and the OP's statement doesn't make it so. But s/he's still correct - it's gonna happen. With every subsequent action, the RIAA continues to prove their irrelevancy in the modern world. They need to just die already...

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
    9. Re:Perfect... by Karzz1 · · Score: 5, Funny

      Well, that and 2 bottles of conditioner a year is not a huge expense :)

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    10. Re:Perfect... by oirtemed · · Score: 3, Insightful

      except this isn't even a legal debt this is extortion... You OWE me or I'll take you to court. In a way I hope it lasts till I graduate from law school.

    11. Re:Perfect... by Irish_Samurai · · Score: 4, Funny

      It's inspirational because it's sad.

    12. Re:Perfect... by kz45 · · Score: 1

      Piracy, schmiracy. I don't see any eyepatches, parrots, or bottles of grog being passed around

      I think the slashdot crowd has gotta let this one go. Piracy now means copyright infringement. Hacking also means to get unauthorized access to a person's computer.

    13. Re:Perfect... by twistedsymphony · · Score: 2, Insightful
      the RIAA continues to prove their irrelevancy in the modern world. They need to just die already...

      So very true, I propose we make a new group the "DMAA"; Digital Music Artists Association. Bylaws include that fact that the original artist are REQUIRED to own their own copywrites, if they have a problem with something someone is doing they can use the DMAA's force, but the DMAA is not allowed to act on anything without the artists consent.

      Also any member of the DMAA can not also be a member of the RIAA

      You want a group to help protect you and not rob you AND your customers blind... The RIAA wouldn't have a leg to stand on if the Musicians went and formed a new group altogether. Unfortunately I fear it would eventually fall into the same problems the RIAA has.

    14. Re:Perfect... by uncanny · · Score: 1

      or, not break the law in the first place. If you break any law, dont go crying that it might have messed up your schooling

    15. Re:Perfect... by Moofie · · Score: 3, Insightful

      I wonder if there's some sort of cautionary tale that should make people skeptical of organizations that attempt to re-define emotionally charged terms...

      Newspeak is doubleplusgood.

      --
      Why yes, I AM a rocket scientist!
    16. Re:Perfect... by ravenshrike · · Score: 1

      No it doesn't. Piracy means selling fake copies on the streets. Not downloading. Downloading is downloading. Still perfectly legal to do. It's uploading that's illegal. So if you're a leecher or only share your legal material you're perfectly in the clear

    17. Re:Perfect... by LordOfTheNoobs · · Score: 2, Funny

      Lather, repeat, and again, repeat once more, repeat a while longer, repeat a bit faster, pull back the repeat rate a bit, repeat, switch off and lather a bit with the other hand, repeat, lather, repeat faster, faster, Faster, and I'm spent.

      --
      They're there affecting their effect.
    18. Re:Perfect... by fireweaver · · Score: 0, Flamebait

      "I wonder if there's some sort of cautionary tale that should make people skeptical of organizations that attempt to re-define emotionally charged terms..."

      Two I can think of off the top of my head:
      [1] "1984", George Orwell
      [2] Republican party, years 2000, 2004

    19. Re:Perfect... by adolfojp · · Score: 4, Funny

      It's funny because it's inspirational.

    20. Re:Perfect... by ScoLgo · · Score: 1

      Piracy now means copyright infringement. Hacking also means to get unauthorized access to a person's computer...

      Yeah, I've always felt funny calling people who break into computers, 'cracker'. It sounds a bit racist, doesn't it?

      Still, the distinction between 'copyright infringer' and 'pirate' is an important one. By using the words 'pirate' and 'piracy', the **AA is able to place a fairly specific concept in the mind of the public; that of an unsavory individual living on the fringes of society, 'stealing' from good, honest, law-abiding citizens of the commonwealth. This places the *AA in the position of the 'good guys', protecting us all from these dangerous brigands.

      Yeah, I know. It's a fairly silly description. But that's how people perceive the words 'pirate' and 'piracy'. They don't think of their son or daughter sitting in a dorm room at college downloading mp3s. They think of the guy with the pegleg and the buried treasure. These small concepts add up quickly. By not making the proper distinctions, we allow the **AA to use words as weapons. For this reason, when the topic comes up, I always make the distinction between 'piracy' and 'copyright infringement'.

      Go ahead, call me a zealot... ;-]

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
    21. Re:Perfect... by 'nother+poster · · Score: 1

      Also any member of the DMAA can not also be a member of the RIAA

      Well, that would go without saying since your proposed DMAA is apparently for artists, and the RIAA is for record labels. http://www.riaa.com/about/members/default.asp

    22. Re:Perfect... by 3NF · · Score: 1

      Those who represent the RIAA should be forceably removed from society ...

    23. Re:Perfect... by networkBoy · · Score: 1

      In the US this is only pragmatically true.
      Downloading is still willful infringement, it's just that you are too small a fish to worry about if you leach only.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    24. Re:Perfect... by Anonymous Coward · · Score: 0

      So, you guys have hair? ... Sucks to be me :(

    25. Re:Perfect... by Anonymous Coward · · Score: 0

      Ummm, what's conditioner?

    26. Re:Perfect... by It'sYerMam · · Score: 1

      If steal the song from the shop, you're committing a crime. If you buy the song from some guy selling fake CDs on the street, and are somehow proven to know what you bought was stolen, I believe that is a crime. At the very least, they can take the goods.

      --
      im in ur .sig, writin ur memes.
    27. Re:Perfect... by MyNameIsEarl · · Score: 2, Funny

      We can always hope the REAL piracy happening off the coast of Somalia can help to change the terms we use. Certainly uploading a song can not be confused with killing and pillaging on the high seas, can it? On the other hand it might be to the RIAA's advantage, who would want to be associated with REAL pirates, with the killing and pillaging and such.

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

      Just buy the bottles that say "Lather, Rinse, Repeat as necessary" and give them to your [insert cleanliness challenged and mentally stupid person here]

    29. Re:Perfect... by susano_otter · · Score: 0

      You could also not pirate stuff to begin with. Sure, the RIAA's enforcement policies are draconian, but if you know they're out to ruin your life, what kind of an idiot would you have to be to sign up for it?

      Portable music is a privilege, not an entitlement. Here's an idea: don't pirate during while at school. Focus on paying tuition and learning things. Later, when you've got the degree and the earning potential, consider branching out into a life of crime.

      Need to relax? Get yourself some public domain music. Or save up the whole twenty dollars you'd need to buy one CD of really good music--something classical, say, with lots of replay value and brain-strengthening effects.

      Or just do without. Two hundred years ago, everybody did without. Maybe you should give it a try. Leave the RIAA, with its newfangled technologies and unreasonably harsh punishments out of your life entirely.

      Or, if you're unwilling to do that, STFU and take the heat when the heat comes down. Yes, even if that means quitting school to pay for the totally forseeable consequences of your oh-so-3dgy anti-The Man lifestyle.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    30. Re:Perfect... by elrous0 · · Score: 4, Funny
      Brilliant! Kids don't have to party, drink, do drugs, have fun, or do anything but study all day! What a GREAT idea.

      You should let them know this. I'll bet no one in history has ever delivered that revolutionary message to college students or teenagers before. Just think of all the lives that could have been saved if a innovative thinker like yourself had been born in an earlier age.

      I'm going to go tell my daughter to not have sex or do drugs right now. If only I had thought of it sooner!

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    31. Re:Perfect... by irablum · · Score: 1

      I can still get a nice Parrot down in Booty Bay. :)

      Ira

    32. Re:Perfect... by freakmn · · Score: 1

      Ahh, yes, the old recursive function. Or was that a reference to the fact that a programmer could be called a "long-hair"? Or maybe even a reference to the "personal habits" of a lonely person? It could be taken many ways, but I think it's funny no matter how you look at it.

      --
      warning: This post is likely to contain gobs of dripping sarcasm. Consume at your own risk.
    33. Re:Perfect... by watermodem · · Score: 2, Interesting
      There are some major issues that need discussion here.

      1) Entrapment! Entertainment being part of the culture - the insanely long copyrights (currently 130 years) deny legal access to culture to the in-mature young. (Sort of like holding drugs in front of addicts then arresting them when they use them.)

      2) Peer pressure is extreme in the college environments. I remember being shocked when the oldest son was in UCLA. Each floor had its SHARING SERVERS and everybody knew when the latest booty was there. - Again, we need to revisit what all these laws mean in a criminal and social sense.

      Are all High School and College Students to be declared DEFACTO criminals just like the justice systems assume ALL DRIVERS ARE SPEEDERS?

      Should the whole nation be declared criminal of something and put in jail?

      3) What does it say about Big Business when they are putting the nation's FUTURE (in this case a young woman from MIT who can contribute to both Firms and the Nation out of the talented workforce for downloading a $1 song?) Short sighted comes to mind.

      4) It reminds me of the the RIAA trying to put soldiers in Jail as they went off to fight the Iraq war. AMAZING comes to mind. Also, small minds in Hollyweed!

      5) This criminalization of life reached another stage in a LA suburb a few weeks ago when they banned smoking tobacco outside with a $1,000 fine. The fine for smoking a joint in public was about $50! A factor of 20 less. What gives?

      Anyway... we need to discuss appropriate fines and sentences for everything and behaviors of big business and big government in trying to make living life illegal and MAKING TAX PAYERS (not big biz which doesn't pay taxes) pay to convict and jail all these folks.

      Back in the mid-90s, the boys in the executive suites of the entertainment industry did liberally dust both sides of the aisles of Congress with gold. In return they got a massive extension on the copyright period. All at the same time they continue to cook the books on accounting. They still charge music artist for 'breakage' in their write offs. Ever seen an AOL or Earthlink CD damaged in the mail? As far as I'm concerned the entire lot needs to have RICO dropped on them cause it'll take the executives' treasury rather than the business'. No prisoners taken. Oh, and demand of your quaking Pub representative concerned about November to repeal the G*D* Sonny Bono Copyright Extension Act.

      BTW... I am surprised that our immature young people have not taken revenge on the RIAA and MPAA. It says something about them when compared to the Riots in France or the Car Swarms in the Mideast. That, being they are basically good kids.... We need a way to change behaviors of them, society and business without wasting their lives and taxpayer pocketbooks!

      /end rant

      You may flame away on principle but think about the waste. Drug dealers, robbers and killers are not treated as bad as we are starting to treat people who commit more minor infractions.

    34. Re:Perfect... by ultranova · · Score: 4, Insightful

      or, not break the law in the first place. If you break any law, dont go crying that it might have messed up your schooling

      Yeah, and on that note, we should also hang all jaywalkers ! Sure, it may seem rough, but jaywalking is against the law, and anyone who breaks the law is a black-hearted subhuman scum and deserves to lose their life ! Down with this silly idea that the punishment should be in some proportion to the crime ! I say: death penalty for everything !

      Doing otherwise might mean that some corporation doesn't get quite as much profits than it might have gotten in some alternative reality, and that is much more important than some antiquated concept of "justice" or "fairness". Only an unpatriotic terrorist communist hippie in his drug-induced haze would disagree !

      Hmphhh... To think that the punishment can be too harsh... What's this world coming to ?

      --

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

    35. Re:Perfect... by ILikeRed · · Score: 4, Insightful
      They don't think of their son or daughter sitting in a dorm room at college downloading mp3s.

      They also don't think of their office parties or visiting relatives at nursing homes as infringing activities, but they are the same type of crime.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    36. Re:Perfect... by hotspotbloc · · Score: 1

      You forget to make various threats to the UN and end your posting with "Screw Flanders. Screw Flanders. Screw Flanders."

      --
      "I hate to advocate drugs, alcohol, violence or insanity but they've always worked for me" - HST
    37. Re:Perfect... by spectecjr · · Score: 1

      I think the slashdot crowd has gotta let this one go. Piracy now means copyright infringement. ... and has done for about 300 years :) First usage in the sense of infringing on someone else's intellectual property was in 1701.

      --
      Coming soon - pyrogyra
    38. Re:Perfect... by JabberWokky · · Score: 1
      What kind of conditioner are you using that lathers up? My shampoo does, but my conditioner doesn't.

      --
      Evan "Boycott shampoo, demand real poo"

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    39. Re:Perfect... by allanw · · Score: 1

      To wank with? :)

    40. Re:Perfect... by de+Siem · · Score: 1

      If only they'd realize how conditioner anti-aliases their hair!

      --
      Beating up people in little rooms, if you do it for a good reason you do it for a bad one.
    41. Re:Perfect... by JabberWokky · · Score: 4, Interesting
      Yes, but this isn't the executive branch bringing somebody to the judicial branch who decides your guilt and sentence in a courtroom... this is a private organization acting as the police, judge, jury and determining the fine. How about if MADD started setting up DUI stops and fining people for their own coffers? How about if they suggested you sell your car if you couldn't pay the fine?

      I'm all for prosecuting people who break the law -- but in a court system, not by an under-the-table system that borders on (or may be) blackmail.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    42. Re:Perfect... by Eunuchswear · · Score: 0, Troll

      Yet more proof that republicans are slow.

      --
      Watch this Heartland Institute video
    43. Re:Perfect... by Eunuchswear · · Score: 1

      Um, assuming you're using bittorrent, even leachers upload. (fucking killed my crappy ADSL 'till I put --max_upload_rate on).

      --
      Watch this Heartland Institute video
    44. Re:Perfect... by grqb · · Score: 2, Insightful

      Isn't that the definition of a settlement?

    45. Re:Perfect... by Eunuchswear · · Score: 1
      Yeah, I know. It's a fairly silly description. But that's how people perceive the words 'pirate' and 'piracy'. They don't think of their son or daughter sitting in a dorm room at college downloading mp3s. They think of the guy with the pegleg and the buried treasure.

      And that's one more reason the (MP|R)IAA and their lackeys are going to lose. Every time people see that the ones getting zapped are their kids, and not drug dealers/terrorists the (MP|R)IAA lose credibility.
      --
      Watch this Heartland Institute video
    46. Re:Perfect... by Crussy · · Score: 4, Insightful

      If the party is guilty. The RIAA is leveraging it's finances against people who obviously cannot compete in court and have no chance of proving their innocence. The RIAA even has a policy of no negotiations (from TFA). So in this way it is extortion.

    47. Re:Perfect... by Anonymous Coward · · Score: 0
      something classical, say, with lots of replay value and brain-strengthening effects

      Hah, you still believe that? It was debunkedsome time ago.

      However, gullible is still not in the dictionary.

    48. Re:Perfect... by mikeydb · · Score: 1

      I have a preventative solution, not guaranteed to protect you but there's a good chance and it's simple. STOP ENJOYING MUSIC AND VIDEO. It sounds harsh at first, but really, you've been complaining that the latest XYZ film is predictable crap for years, if you can't live without music then live in the past, you're old CD's are forgotten classics (possibly), enjoy the things you enjoyed in the past. Don't buy new CD's, you're probably unwittingly purchasing music with proprietary software that will spoil your enjoyment of music even more and also risk causing high blood pressure and mood swings..

    49. Re:Perfect... by whois_drek · · Score: 1

      Lather, rinse, repeat.

    50. Re:Perfect... by JedaFlain · · Score: 1

      Segmentation fault: Core dumped.

    51. Re:Perfect... by soupdevil · · Score: 1

      It's not just a matter of being a small fish, it's that, depending on the file sharing network, the RIAA would have to upload at least part of the file to you in order to prove that you downloaded it. And in order to upload at least part of the file to you, they would have to publish it on a P2P network. Which might have two possible effects: Either making it legal for you to download, or making their evidence illegal.

    52. Re:Perfect... by thc69 · · Score: 1
      that's how people perceive the words 'pirate' and 'piracy'. [...]They think of the guy with the pegleg and the buried treasure.
      Actually, I think of a guy with a pegleg and a beard which are both fake and exposed by Scooby Doo and his human pals. He generally will then say "...and I would've gotten away with it if it wasn't for you meddling kids!".
      --
      Procrastination -- because good things come to those who wait.
    53. Re:Perfect... by Anonymous Coward · · Score: 0

      I AGREE completely.

    54. Re:Perfect... by kemichail · · Score: 1

      I wonder, should every defendant actually to court, and request trial by jury, and tie up expensive lawyer time, if that would perhaps encourage the RIAA to consider other alternatives. Presumably they could then request reimbursement of legal fees and increase defendants debt, but in my experience judges seem to be mostly fair when considering economic hardship (maybe this just pertains to the real estate buisness). Would be funny if defendants all requested a community-service like alternative to paying $$, and judges actually granted it...

      --
      --- This space reserved for the day when I have something witty to say.
    55. Re:Perfect... by Anonymous Coward · · Score: 0

      debtor's prisions, that's what the ARTISTS are placed in, isn't it? You owe's us 10 billion for printing your CD's for $.03 each! Keep making music fools!!!
      They are just looking to extend this outside of the artists to everyone.

    56. Re:Perfect... by TopShelf · · Score: 1
      The settlement offered in this case was under $4000, so that's hardly "hanging a jaywalker". I'm just not buying this one, I'm sorry. Quotes like this:

      The Recording Industry of America would rather see America's youth deprived of higher education, forever marring their ability to contribute personally and financially to society -- including the arts -- so that they may crucify us as examples to our peers.


      Are so wildly off the mark and self-serving that they're obviously the ramblings of someone who's been caught, and is simply trying to worm their way out of the consequences.
      --
      Stop by my site where I write about ERP systems & more
    57. Re:Perfect... by Anonymous Coward · · Score: 0

      It is called fascism. Deal with it or we'll deal with you.

    58. Re:Perfect... by mconeone · · Score: 1

      They'll still blame it on file sharing...

    59. Re:Perfect... by timeOday · · Score: 1

      The difference is that in the past, it was used against the *vendors* who were selling information for profit, without license. The new definition of piracy is for people who are accepting or distributing copies, but without any money changing hands. It's an expansion of the definition.

    60. Re:Perfect... by flooey · · Score: 1

      Yes, but this isn't the executive branch bringing somebody to the judicial branch who decides your guilt and sentence in a courtroom... this is a private organization acting as the police, judge, jury and determining the fine. How about if MADD started setting up DUI stops and fining people for their own coffers? How about if they suggested you sell your car if you couldn't pay the fine?

      I'm all for prosecuting people who break the law -- but in a court system, not by an under-the-table system that borders on (or may be) blackmail.


      I certainly don't support the RIAA's tactics, but that's not exactly an accurate representation. Everyone who the RIAA files a lawsuit against has the option to not settle and get their day in court. They'll probably lose and end up far worse off than they would have been by settling, but they have that option.

    61. Re:Perfect... by romeo_in_blk_jeans · · Score: 0, Flamebait

      I absolutely LOVE the part where you lump mind-destroying narcotics in with the rest of the list. It certainly lends credence to everything else you have to say.

    62. Re:Perfect... by romeo_in_blk_jeans · · Score: 1

      Your analogy is severely and fatally flawed.

      Never the less, I agree that RIAA tactics are grey at best and border on extortion. This isn't so much a case of "eeeeevil plaintiff" as "flawed legal system".

    63. Re:Perfect... by one_red_eye · · Score: 1

      I'm in community college and I certainly couldn't afford an extra $4000, I'm already $8000 in debt from tuition and books let alone rent on my living space.

    64. Re:Perfect... by romeo_in_blk_jeans · · Score: 1

      Since we're making silly analogies here, let's take your argument to its logical extreme. Are you trying to suggest that a human life is worth less than $4000?

      Fact: The guy pirated music and got caught.

      His life is not over. He will not need to give up any hope of having a career or being successful. He will not need to work as spooge-mopper for the corner porn shop until he's 65.

      He will need to drop out of school for a semester, possibly two. He will need to get some roommates. He will need to pay back what he owes. He took a gamble and lost. Don't tell me he was so busy studing like a good little geekling that he never heard about the illegality of copying music or what the RIAA has been doing to those who can't affort to fight them *cough*students*cough*. He goes to MIT for god's sake! He's CLEARLY an intelligent human being. He knew what the potential consequences were but decided to play the game anyways. He rolled the dice and lost. Now, he's whining that his actions have *gasp* CONSEQUENCES!! Oh NOES!

      I'm really not sympathetic to people that feel the need to pirate copyrighted music. There are so many bands out there that haven't signed their souls, firstborn, and left kidney over to the RIAA. Not all of them are bad. Some of them, in fact, are quite good -- much better than what you'll hear broadcast from radio wasteland. How about checking them out instead?

    65. Re:Perfect... by RandomFactor · · Score: 1
      Never the less, I agree that RIAA tactics are grey at best and border on extortion. This isn't so much a case of "eeeeevil plaintiff" as "flawed legal system".


      The two are not mutually exclusive.
      --
      --- Mercutio was right.
    66. Re:Perfect... by shaneh0 · · Score: 2, Insightful

      Actually, I think it was lumped-in a long long time ago and he's just bringing it up. Besides, not all drugs are narcotics.

    67. Re:Perfect... by susano_otter · · Score: 0, Flamebait

      Actually all I said was that kids don't have to pirate music, and that if they decide to do it anyway, they're not really in a position to complain when the music piracy boogeyman comes for them.

      For my money, the best part of your rant is the part where you totally fail to come up with any objection to what I said, and are forced to object to other things I didn't actually say, in order to have an excuse to rant in the first place.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    68. Re:Perfect... by kz45 · · Score: 1

      Yeah, I know. It's a fairly silly description. But that's how people perceive the words 'pirate' and 'piracy'. They don't think of their son or daughter sitting in a dorm room at college downloading mp3s. They think of the guy with the pegleg and the buried treasure. These small concepts add up quickly. By not making the proper distinctions, we allow the **AA to use words as weapons. For this reason, when the topic comes up, I always make the distinction between 'piracy' and 'copyright infringement'.

      should police officers not be called cops? or web logs not blogs? ....

      When I hear the word "piracy", I think of copyright infringement..not a pirate on the high sea. Pirates haven't really been around for many years..so I don't think the general public will get too confused.

    69. Re:Perfect... by susano_otter · · Score: 1

      First of all, I acknowledged that the policy was bad policy. I'm not saying that the RIAA is going about this in the right way. In fact, they're going about it in a pretty fucked-up way. Which is kinda my point: you know how it's going to be if the dragon catches you stealing it's treasure, so whose fault is it when the dragon wakes up, sees you stealing its treasure, and then makes with the breath weapon?

      Second, your analogy is incredibly bad.

      MADD has no legal right or authority to enforce DUI laws or set up DUI checkpoints. The RIAA has all kinds of legal basis for enforcing their copyright.

      Cars are, by and large, essential to the average citizen's daily life. If MADD were to do what you describe, it would result in unacceptable hardship for many individuals and whole communities. Music on CD is not an essential item. There's plenty of other ways to occupy your mind, if you can't afford a CD and don't want to mess with the RIAA dragon.

      A criminal's possessions are often seized and auctioned off to cover some of the costs of their crimes. This is in many ways similar to what the RIAA is suggesting.

      If you think that several years of college tuition is an exorbitant license fee to pay for pirating their content? Fine with me. But in that case, either don't pirate the content, or don't get caught, or don't come whining to me when you do get caught and have to make an Important Life Choice about what matters most to you: squaring things with the RIAA, or finishing school. As far as I'm concerned, you should have figured that out before you started goofing around in the dragon's lair.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    70. Re:Perfect... by Pyrion · · Score: 2, Interesting

      An out-of-court settlement doesn't automatically carry the implication or admissal of guilt, it just means that one side doesn't feel like fighting the case. Most people settle, simply because an out-of-court settlement is cheaper than hiring an attorney and blowing all that time away attending court hearings.

      Furthermore, "guilt" of a tort crime isn't the same as guilt of a "real" crime; all you're really doing is addressing the plaintiff's grievances, regardless of whatever's codified in law.

      --
      "There is much pleasure to be gained from useless knowledge." - Bertrand Russell.
    71. Re:Perfect... by Anonymous Coward · · Score: 0

      I for one am glad that you have not told your daughter this before now.

    72. Re:Perfect... by KarmaMB84 · · Score: 3, Insightful

      I think the issue most geeks have with the RIAA and these "settlements" is that the RIAA won't even listen to you when you tell them you didn't do anything and can prove it. You get a letter saying "pay us $X or we'll bury you in court costs with our multimillion dollar law firm" and they don't want to hear it if you think they're wrong because they know you're going to pay or lose even bigger.

    73. Re:Perfect... by Anonymous Coward · · Score: 0

      I love the part where your demented all or nothing moralizing stands in the place of anything logical.

    74. Re:Perfect... by jrockway · · Score: 1

      Holy shit, slashdot can do fonts! ?

      --
      My other car is first.
    75. Re:Perfect... by raoul666 · · Score: 1

      Settlements are not just for the guilty. If someone has the choice between settling for $x and going to court where it would cost them $10x just for a lawyer, settling is a pretty good choice, guilty or not.

      Not saying that the RIAA isn't being a giant tool here, just that settling isn't an indication of guilt.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    76. Re:Perfect... by ScoLgo · · Score: 1

      Pirates haven't really been around for many years...

      Really? are you certain?

      Also, 'cops' & 'blogs' are poor analogies for this discussion. No-one that I'm aware of is going around using those terms to further their litigation agendas.

      Look, do most people think like you and consider 'copyright infringement' to be 'piracy'? Yes, it's a fact that they do. Is that good? IMHO, no. My point is that it plays into the hands of the **AA's. Maybe that's not important to most people. Fair enough. I prefer to make the distinction because I feel that it is important.

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
    77. Re:Perfect... by Anonymous Coward · · Score: 0

      You either A.) Never went to college. Or B.) You're parents have money. College isn't cheap, especially for a college student with no source of income, or a poor source of income (if you haven't noticed, a lot of college kids work at places like Starbucks and clothing stores, not exectally a well paying job). How do you expect a student to pay $4000 and still be able to afford food, rent, tuition, etc?

    78. Re:Perfect... by ScrewMaster · · Score: 1

      Which all sounds well and good until you consider the truly insane degree to which copyright law has been perverted by these people, with the willing complicity of Congress. All civilized cultures eventually come to understand that if you want people to respect the law, the law must and should respect the people. Period. End of statement. That is simply not happening in this case: the penalties for copyright infringement (and I use that term specifically, we aren't talking about piracy here) are simply too far out of line. And that is the crux of the problem: the RIAA is using a legal structure originally put in place to deter true piracy, that is, the illegal mass duplication and sale of copyrighted materials against ordinary citizens who have no desire to profit by their actions. Those laws are really not appropriate in these case, and they give the media companies too big a hammer. If you want to claim that I "stole" (and I use that term loosely) some songs, bill me for the tracks. If you ask nicely I might even pay for them just to make you go away. Otherwise here's my attorney's phone number.

      Ultimately, they should be told (in no uncertain terms) that if they wish to accuse someone (anyone) of committing copyright infringement that they need better "evidence" than an IP address and a timestamp. If they feel their rights are being infringed then they should have to provide real evidence of wrongdoing. The automated "justice" being meted out by the RIAA is simply too unreliable. They know this full well, and make every effort to avoid going to court. Their track record in court has not been good, and interestingly they don't seem to have any interest in examining their victim's computer equipment to verify that their threats are on target. Probably because they know that often they are not.

      --
      The higher the technology, the sharper that two-edged sword.
    79. Re:Perfect... by trg83 · · Score: 1

      Tort is a civil law concept...

    80. Re:Perfect... by spectecjr · · Score: 1

      The difference is that in the past, it was used against the *vendors* who were selling information for profit, without license. The new definition of piracy is for people who are accepting or distributing copies, but without any money changing hands. It's an expansion of the definition.

      Actually, no, the definition has not changed. Copyright lies in who has the authority to create copies - not whether or not they're being sold.

      --
      Coming soon - pyrogyra
    81. Re:Perfect... by TopShelf · · Score: 1

      Quite the contrary, I put myself through college - it took 10 years, and at times I had to drop out and build up cash before picking up with the next term. Paying for college is just like anything else - A CHOICE. You have to balance it along with your income, assets, expenses, and sort out your own priorities.

      In short, if the student in question has to drop out for 6 months or a year to work off this debt, that's their problem. It's not the end of the world to have to take a break from college.

      --
      Stop by my site where I write about ERP systems & more
    82. Re:Perfect... by TopShelf · · Score: 1

      Making it through college on your own is tough work - I did it myself. The worst mistake is to assume you have to go full-bore and end up drowning in debt as a result. There's nothing wrong with taking a term off to shore up finances before picking up with more.

      And if you can't afford the $4000, I'd highly recommend staying away from illicit activities that would land you in such a mess. But then again, you'd think that would be common sense.

      --
      Stop by my site where I write about ERP systems & more
    83. Re:Perfect... by doubtless · · Score: 1

      when you're at that, tell her not to ever have a /. account too.

      --
      geek page at KY speaks
    84. Re:Perfect... by baronvonwalz · · Score: 0

      Two hundred years ago, everybody did without.

      Two hundred years ago a group of wise men fought against tyranny rather than lying down and accepting unfairness, so no, I don't think they did without. And while that may have been against a government, its message is just as appropriate when dealing with corporations.

    85. Re:Perfect... by Flower · · Score: 1
      That's dumb in this case. All the RIAA had to do is up the fine and provide a reasonable payment schedule. They could have tripled the fine and spread out the repayment over 7-10 years. If it could be done, which I don't know as I've never been in this position, they could have allowed the student to get financing to defer the payment and charge interest on the settlement. All of a sudden $3K becomes $15K or some other hideous figure to haunt the person once they graduate and have the proverbial real job.

      This way, the RIAA gets to claim larger settlements in their PR war and make it look like a bigger boogeyman. The money is peanuts to them anyway. The only thing that counts is spin. And *this* type of spin with having people leave MIT over trading songs will backfire on them. What's more important? Madonna having enough cash for another Kabbala junket or society having another scientist/engineer/educated worker? The person in question allegedly traded songs over the Internet in violation of copyright. They didn't get drunk and hit somebody crippling them for life. There is a matter of perspective here.

      I'm betting people in general are going to go for another MIT grad. The RIAA has seriously lost their mind on this deal.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    86. Re:Perfect... by susano_otter · · Score: 1

      Look, I understand your need to speechify about how the world is supposed to be. Believe me, I am all too painfully aware of how imperfect the law is, and how obscenely it has been perverted by the RIAA.

      Which is precisely why I say, don't fuck with them if you can't take the heat. Because not even the law will be on your side. And if you do fuck with them, don't complain then that it's too hot for you. Because, as we all know, not even the law will be on your side.

      Of course, maybe this poor kid didn't know all that. Maybe he hadn't done his homework, was just merrily bebopping through life, naively thinking, hey, music piracy, what's the big deal? It's like copying a tape, right?

      Totally clueless. How's that for fucked up? There's this whole "hacker culture" out there, telling him go ahead, step to the man, rebel, fight for your rights, it's hip, it's cool... And it's all lies, because the reality is that the RIAA is a vast, heartless, soul-sucking beast, and it will absolutely destroy your life to feed its bizarre and inhuman appetites.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    87. Re:Perfect... by nessus42 · · Score: 1

      I'm sorry, but this is just not a realistic thing to do for an MIT education for most people. First of all, tuition alone is $33,400 per year. Add in room and board, etc, and you're up to $46,350 per year. You just can't make this kind of money or shore up your finances by working at Starbucks for a year.

      Furthermore, the amount of information that you are expected to absorb at MIT is phenomenal. It's a serious challenge not to forget things at a faster rate than you learn new things. Take a while off, and it's very difficult to pick up where you left off.

      Furthermore, to succeed at MIT, you need to develop and nuture relationships with friends, dorm mates, graduates students, and faculty. If you take time, off these relationships may suffer or disappear.

      The OP is quite correct -- if the RIAA cared about the future of our country, they wouldn't be trying to derail the students who are its future. But it's become quite clear by now that they don't give a shit about the future of anything except their own pockets.

      |>oug

    88. Re:Perfect... by westlake · · Score: 1
      I'm all for prosecuting people who break the law -- but in a court system, not by an under-the-table system that borders on (or may be) blackmail.

      Out-of-Court settlements in civil actions are the norm in the United States.

      Ordinary civil actions are, by their very nature, initiated by aggrieved party, not the state.

      The RIAA has the right to investigate and pursue infringement of its members' copyrights. It has the right to propose a settlement.

      There are risks for the accussed infringer in going into court.

      If there is a finding for the plaintiff (not a conviction, this is a civil case, remember) damages may be assessed according to a statutory formula or other rule.

      No need for proof beyond a reasonable doubt.

      The final bill is likely to much more painful than the four grand he could have settled for earlier and it is not a debt that can be discharged in bankruptcy.

    89. Re:Perfect... by Anonymous Coward · · Score: 0

      The final bill is likely to much more painful than the four grand he could have settled for earlier and it is not a debt that can be discharged in bankruptcy.

      You sure? I though bankruptcy would clear that sort of thing.

    90. Re:Perfect... by kz45 · · Score: 1

      Look, do most people think like you and consider 'copyright infringement' to be 'piracy'? Yes, it's a fact that they do. Is that good? IMHO, no. My point is that it plays into the hands of the **AA's. Maybe that's not important to most people. Fair enough. I prefer to make the distinction because I feel that it is important.

      Interesting that you say the RIAA using the word piracy as a weapon, when you are in fact doing the same thing with **AA.

      I see no distinction. The word is now (and has been for quite some time) commonly known as a synonym for copyright infringement. Although it not stealing per se, it is a form of software counterfeiting, which does cause the value to go down over time and a loss in revenue.

    91. Re:Perfect... by MadUndergrad · · Score: 1

      Interesting that you mention sharing servers. I met this particular girl about a year and a half ago; she was in the suite of a friend I was visiting. They had a laptop attached to the door to the bathroom hooked up to speakers in the bathroom. It was aptly named the Shower Server. Personally, I thought that was an awesome idea. Damn them and their stifling of good ideas.

    92. Re:Perfect... by Anonymous Coward · · Score: 0

      Debtor's prison's do in fact exist in the U. S. under the guise of 'child support' enforcement.

    93. Re:Perfect... by ScoLgo · · Score: 1

      Do you really not see the distinction? The difference seems obvious: I'm not using '**AA' in an effort to extort money through threatened litigation. You seem to still be stuck on that 'cops and blogs' type of analogy. Newsflash - it still doesn't fit this discussion which, as far as I'm concerned, is over. I've wasted enough time already and am clearly not getting through to you.

      HAND

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
    94. Re:Perfect... by ultranova · · Score: 1

      Since we're making silly analogies here, let's take your argument to its logical extreme. Are you trying to suggest that a human life is worth less than $4000?

      The parent said that "If you break any law, dont go crying that it might have messed up your schooling". Hanging jaywalkers is the logical consequence of that attitude. Not my fault if it's silly.

      --

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

    95. Re:Perfect... by JabberWokky · · Score: 1
      My analogy is just that -- an analogy. I tried to come up with a better one, but it suffices. I make no claims that you can't find ways it's different, but you aren't hitting them.

      You say that MADD isn't a legal authority to enforce checkpoints. And yet the RIAA is setting up checkpoints and contacting people directly. They are then offering the option of going to court or settling by paying a fine that the RIAA suggests. All perfectly legal (just as MADD staffs their DUI checkpoints, which isn't a theoretical situation as somebody else has pointed out).

      You say that MADD seizing cars would be an unacceptable hardship. But the RIAA suggesting that people drop out of college is acceptable? That their possessions be seized and auctioned off (as you suggest in the next paragraph)?

      Look, I'm probably one of the few people in this discussion who has been part of a music copyright fight. My band had released a song for a compilation that was part of a fundraiser to support a local coffeehouse. Afterward, the person who compiled it continued selling the compilation and pocketing the money... several of the artists wound up filing lawsuits, at which point it was settled.

      I am *hardly* defending the action of stealing music. I've started the process of legal action against music pirates myself to defend my own music. My brother has pondered doing the same with his music when he found a bootleg CD of his album in a used CD store. It's pretty cut and dry -- there's a legal system in place to handle it.

      A large third party group approaching people and saying "you're guilty, give us money or we'll take you to court" is pretty nasty. It's legal, but it's still nasty. I'm one hundred percent behind defending copyrights (and also behind the artist choosing not to enforce them). But the idea of a large group wandering around and saying "you have committed a crime" and then pocketing money without using the legal system -- but rather using the legal system as a threat -- is not a good thing. Suggesting to people that they drop out of college is reprehensible. Legal does not mean it is good.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    96. Re:Perfect... by TopShelf · · Score: 1

      BS, BS, BS. If you want to go to an expensive school, you have to come with the scratch to do that, period - whether through financial aid, work, etc. To say "I shouldn't have to pay for the consequences of my actions because I'm a struggling college student" is absurd.

      --
      Stop by my site where I write about ERP systems & more
    97. Re:Perfect... by Anonymous Coward · · Score: 0

      Keep at it, kid. While the RIAA's specific methods are distasteful, it ain't extortion to offer not to litigate for monetary compensation.

    98. Re:Perfect... by White+Yeti · · Score: 1

      Hmm... Maybe I can go down to the siezed-property auction to bid on some MP3s? They'd sound really great in a siezed drug-boat.

    99. Re:Perfect... by kz45 · · Score: 1

      Do you really not see the distinction? The difference seems obvious: I'm not using '**AA' in an effort to extort money through threatened litigation. You seem to still be stuck on that 'cops and blogs' type of analogy. Newsflash - it still doesn't fit this discussion which, as far as I'm concerned, is over. I've wasted enough time already and am clearly not getting through to you.

      HAND


      HAND? HAND?

      what the fuck is that supposed to mean?

      I have been using the words "pirated" and my personal favorite: "warezed" for illegal software for at least 10 years. Ever hear of the word "bootleg"? It's also a word used for illegal software or music.

      New flash: if you really want to stop the RIAA, you need to stop concerning yourself with something as petty and pointless as word usage. It will only make you look foolish.

    100. Re:Perfect... by Shajenko42 · · Score: 1

      Which is the main argument against plea bargaining, but that's another argument.

    101. Re:Perfect... by decepty · · Score: 1

      H.A.N.D. Have A Nice Day.

      --
      Be careful! Bears shouldn't consume large furry dogs.
    102. Re:Perfect... by kz45 · · Score: 1

      H.A.N.D. Have A Nice Day

      ahh, kind of like: c u next tuesday.

    103. Re:Perfect... by nessus42 · · Score: 1

      I think that you're the type of person who would argue that a $3700 fine for driving 56 in a 55 MPH zone is a just punishment.

    104. Re:Perfect... by decepty · · Score: 1

      Except that 'c u next tuesday' isn't an acronym... but just as idiotic, yes.

      --
      Be careful! Bears shouldn't consume large furry dogs.
    105. Re:Perfect... by TopShelf · · Score: 1

      And you're probably the type of person who thinks admission to MIT constitutes certification as a national treasure, complete with entitlement to education and diplomatic-style immunity from the rules that the hoi polloi must live by.

      But hey, who wants to resort to ad hominem attacks?

      --
      Stop by my site where I write about ERP systems & more
    106. Re:Perfect... by nessus42 · · Score: 1

      I think that everyone is entitled to a decent education, and, in fact, that the future of our nation depends on it.

      If you don't agree, you can take up the issue with Adam Smith, as he felt the same way.

  4. RIAA has some learning to do by liliafan · · Score: 4, Interesting

    I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court.

    I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime? In my case p2p has caused my to buy more cds than I usually would have if I hadn't of been exposed to certain artists and songs. Is this common I really don't know perhaps other people don't purchase cds by artists they like personally I like to support musicians I like.

    One great example my favorite group collective soul release an album entirely self financed, the day it was released I was able to find tracks on p2p which I downloaded and listened to constantly, until my next paycheck came through at which point I went out and purchased 5 copies of the album 2 for me 3 for various family members, I did the same with two of their previous albums, I own every single album they have release in some cases more than one copy of the album, it gets interesting when you consider I discovered this group through p2p in the first place.

    --
    GeekServ Unix Consulting Services (http://www.geekserv.com)
    1. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      First, I'd like to say I completely agree with your point of view, I have the same view.

      Now, let me tell you what the RIAA's perspective is on your opinion. They believe that it doesn't matter what reason you have, that there should be zero tolerance for unauthorized music distribution.

      That's their viewpoint, take it or leave it.

    2. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      yes you are committing a crime. by supporting buying legit cds you are funding the RIAA which is then abusing the legal process to commmit crimes. this makes you an accomplice to a crime. please stop committing crimes and buying cds.

    3. Re:RIAA has some learning to do by immakiku · · Score: 5, Insightful

      Yes if you download copyrighted music, you're commiting a crime. Maybe it shouldn't be a crime, but it's a crime all the same. Yours is a weak justification of why the RIAA might want to not keep this illegal, but for the moment it still is illegal and so making a stand in court will probably not do any good.

      I think the point here is that RIAA's methods are objectionable. From what I've read about them, I get the impression the RIAA is like the secret police in the way it works. People should be making a stand outside courts - like boycotting or setting up organizations to oppose RIAA.

    4. Re:RIAA has some learning to do by erroneus · · Score: 1

      Are they really? I'm not so sure about that.

      I'd love to see some follow-up on the defendants and their friends, family and associates. Has the experience and workd of mouth actually had any effect on their buying of musical entertainment? I think it would be really interesting to see what the actual result of their crusade is at present.

      My guess is that the general public has still not heard of the RIAA and as frequent as the lawsuit-lotteries are, the general public doesn't know anyone who has been sued or offered settlement. Even so, it would be interesting to see if the results are what we generally hope them to be.

    5. Re:RIAA has some learning to do by AviLazar · · Score: 3, Insightful

      I can't wait for someone to make a stand against them in court.

      Anti-**AA lawyer "Your honor, I am making a stand in court"
      Judge - "What is your stance"
      Anti-**AA lawyer "To put restrictions on the **AA, a group who malignantly, vilely, evily, uncaringly, and in a mean spirited fashion sue people who pirate music/movies"
      Judge - "Isn't pirating illegal, and punishable by law"
      Anti-**AA lawyer "Well yes but..."
      Judge - "Whats your point son"
      Anti-**AA lawyer "The **AA do it malignantly, vilely, evily, uncaringly, and in a mean spirited fashion"
      -Dead silence fills the court room.
      Judge - "Get out"

      --

      I mod down so you can mod up. Your welcome.
    6. Re:RIAA has some learning to do by somersault · · Score: 1

      "does this mean I am commiting a crime?"

      the obvious answer to that is yes..

      I dont see why you'd get more than one album for yourself, and I agree that some people could buy more CDs through listening to more music online, though that doesn't mean it's legal. I don't like the way the RIAA operate, though they are within their rights to do so - I used to download music, though yes I'd only download singles, and random stuff I remembered from my childhood etc, that I probably could not get in the shops normally (and I didnt have a credit/debit card to be able to order stuff online myself). People should really not just be swapping their music in this way, at least according to the law. I'm quite happy for people to listen to mp3s of my band, but that's because I've got a job :p

      I am actually quite surprised at the success of iTunes, but I guess a lot of the users of iTunes are people who never used P2P networks, or maybe people that got fed up with the waiting. Personally I still like to buy albums for some reason, just so that I have the source there, but I guess I could download stuff online and make my own CDs (thought they'd be poorer quality of course, so there's a good reason not to..).

      Not being a troll, but you should maybe use a bit more punctuation so that people can read your writing more clearly. One day I may just give up on trying to understand people who write like you ;) I have a habit of just sprawling out my thoughts in one go also, but I try to punctuate :D

      I wouldnt say I ever found out about new music via P2P networks - some people do just randomly download things, but I wouldnt want to spend my time doing that, or listening through it all to find one good song in amongst 50 crappy ones. Maybe the ratio wouldn't be that bad, but for the most part you still get good bands filtering into the mainstream, or being played on evening BBC Radio - though I hardly listen to the radio anyway, so guess I'm stuck stagnating until I start listening to internet radio or something :p

      --
      which is totally what she said
    7. Re:RIAA has some learning to do by meringuoid · · Score: 1
      Yes if you download copyrighted music, you're commiting a crime. Maybe it shouldn't be a crime, but it's a crime all the same.

      AFAIK, in the US (which is where MIT is) it's not a crime, it's a civil offence. Things vary in other countries; I think it actually is a crime in the UK.

      --
      Real Daleks don't climb stairs - they level the building.
    8. Re:RIAA has some learning to do by anotherone · · Score: 1

      The RIAA is not affiliated with the government in any way, they cannot make anything illegal.

      --
      Username taken, please choose another one.
    9. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets,

      Earning little Money, getting big PR (negative, but it's not important if PR is negative or positive).

      There are even some new small companies who specialize in automation of the process of finding downloaders and sending letters to them... and they're hiring. (Surely a better job than just doing consulting or so...)

    10. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 4, Informative

      Actually, in the US, it is often both. 17 USC 501 covers civil infringement, while 506 covers criminal infringement. Some infringement has been criminal since the late 19th century, so this isn't all that new.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:RIAA has some learning to do by cascadefx · · Score: 2, Insightful
      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?

      Yes. You are breaking the law. Whether you get caught or not or whether or not it is a good law is a different question.

    12. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      I agree.

      i usually sneak into a concert or movie, then if I like it I send the musicians or theatere the price of admission. I mean why should I pay for somethign I might not like.

    13. Re:RIAA has some learning to do by liliafan · · Score: 1
      I dont see why you'd get more than one album for yourself


      2 reasons firstly, I keep one copy in my car and one in my house, secondly, the album was self financed I wanted to do what I could to support the band.

      Not being a troll, but you should maybe use a bit more punctuation


      I know, I know, I am dyslexic sometimes I have trouble with punctuation, however, I will make more of an effort in the future :p
      --
      GeekServ Unix Consulting Services (http://www.geekserv.com)
    14. Re:RIAA has some learning to do by Kadin2048 · · Score: 3, Interesting

      Despite the handicap of not actually being the government, they seem to be doing fairly well for themselves in terms of getting whatever laws they want passed. Well, until recently -- seems people have started to notice in the last few years. But as a nation in general we pretty much let them push the DMCA right through without so much as a whimper in Congress -- hell, we don't even know who voted for the thing, the way it was done.

      Sure, they're not a government agency, but in many ways it would be better if they were; we'd probably have more control over them then, and they wouldn't be able to pour money into the political system in the way they do.

      But to say they're not "in" government, in terms of having their fingers pulling various strings, is a mistake.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    15. Re:RIAA has some learning to do by liliafan · · Score: 2, Interesting

      If you are thinking about buying a book, you can browse the subject you like in a bookstore, why can't we do the same with music?

      --
      GeekServ Unix Consulting Services (http://www.geekserv.com)
    16. Re:RIAA has some learning to do by squiggleslash · · Score: 2, Insightful
      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets,
      Just "lawsuits". The only "extortion" they're doing is going around people who are guilty of copyright infringment against their members, and negotiating relatively cheap (compared to the fines you'd suffer if they took you to court) out of court settlements. This is usual, "out of court" is generally not refered to as "extortion" outside of the lunatic pro-piracy fringe, it's actually pretty usual and beneficial to both parties.
      I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court.
      The RIAA's core market consists of the music publishers who are concerned about copyright infringement and the negative affects it has on their business. By initiating lawsuits against those who willfully, without the consent of the copyright holders, infringe copyrights, it's hard to see how they're "alienating their core market". They might possibly alienate the core market of their customers/members, only those whining about these lawsuits have been very careful to blame the RIAA for them, not, say, "Sony's representatives" or even "Metallica's publisher and its representatives".

      And it would be questionable even if they did. The RIAA is acting like a private police force, in some senses, only with relatively little power. Suppose it was the real police, the FBI perhaps, responding to complaints of copyright infringement. Then what? Would Metallica or Sony suddenly get the blame?

      If we use a more clear example of an unfair law: suppose a landlord tells the cops he doesn't want his residents smoking dope any more. Does the landlord get the blame for the bust? Rarely, it's generally the cops and the government who do.

      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?
      Possibly, and it strikes me as likely, unless you're vetting your downloads, that you're guilty of copyright infringement which can be a crime, but is more often a civil matter. The key is that the copyright holders haven't given consent for this. You may feel you're doing them a favour, but they either don't feel the same way, or feel that the net effect of the consequences of you being allowed to do what you do is negative for them. That is, the infrastructure you're contributing to may result in you buying more CDs, but it may be that the existance of the infrastructure means a lot of people don't, and that, overall, more people will end up buying less than can be made up for by people buying more. Who are you to say they're wrong? Or to force them to engage in your particular choice of marketing scheme simply because you happen to buy CDs.

      In the end, if a copyright holder wants to use free MP3s as a marketing system, they have that ability anyway. Look at most major band websites, and a great many have free downloads available. Hell, I recall going through most of Garbage's *videos* only a few months ago - free for viewing and listening to on their website.

      The current law says "If you create something new and wonderful, we'll give you limited control over how its copied and distributed so you have a chance to make money from it to cover the costs of making it." Nothing forces anyone to buy into that law. Listeners can act like works that rely upon the law were never invented and never listen to them. Music creators can always put music into the public domain, or else make use of the myriad of distribution systems available today, should they chose. There's little excuse for copyright infringement of the type we're talking about today. And, quite honesty, in 2006, if you're being sued for distributing someone else's work on a network that makes them available to millions of anonymous strangers, then you only have yourself to blame.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:RIAA has some learning to do by plague3106 · · Score: 1

      Why is his argument weak? The whole problem the RIAA has is with someone listening to music they didn't pay for. If he downloads then buys the CD, how have they lost revenue? If he dowloads, doesn't like it and deletes it, again, how have they lost revenue? Or are they entitled to make money for a product a consumer doesn't like?

    18. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets

      ...
      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it


      This is exactly what they DON'T want. You see, if you go to the internet, whether P2P or the now outlawed internet "radio," you might be exposed to indie music; music the RIAA members don't want you to hear.

      See, the indies use P2P to get the word out. You're not very likely to buy an album that you never heard a single song off of.

      The RIAA labels have radio and empty-v, and they control both outlets. You're not very damned likely to hear this band on empty-v, although you might hear them on a college station.

      At one time, the major labels controlled the studios, the media, and the retail outlets. They had no competetion.

      It's not their music the RIAA doesn't want you downloading, it's their competetitors' music.

    19. Re:RIAA has some learning to do by cascadefx · · Score: 1

      It is illegal to share copyrighted material without prior consent with the exception of fair use. For music and video, courts have stated what actions constitute fair use and not. P2P file sharing has definitevely been ruled out as an example of fair use.

    20. Re:RIAA has some learning to do by xtracto · · Score: 1

      should be zero tolerance for unauthorized music distribution.

      Sorry for being the devil's advocate here (as I dislike what the music industry is doing) but, what the girl was doing was something illegal, she commited a crime (called copyright infringement, not theft). Any person commiting a crime must not be tolerated and the law should apply completely on them, otherwise it is called corruption.

      Of course, the practice of the RIAA settlements should be examined by the government in some way. I mean, that just can not be right!

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    21. Re:RIAA has some learning to do by somersault · · Score: 1

      heh yeah sorry for the comment about writing but it's kinda annoying to read =p I personally just rip my CDs to my PC, then use that in the house, and take the CD for the car :) Have an MP3 player too, but car doesnt have an aux-in input, and I'm not gonna buy a player/system that has one until I've got a better car, heh

      --
      which is totally what she said
    22. Re:RIAA has some learning to do by Haeleth · · Score: 1
      AFAIK, in the US (which is where MIT is) it's not a crime, it's a civil offence.

      Downloading, perhaps. But you need to be damn careful about uploading. Quoting 17 U.S.C section 506(a)(2):

      Criminal Infringement.--Any person who infringes a copyright willfully [...] by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18.


      Where the relevant punishments are:

      Any person who commits an offense under section 506(a)(2) of title 17--

            1. shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;

            2. shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

            3. shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.


      So, be very careful. If you're going to share music you don't have a license to share, make sure the total retail value of what you share is under $1,000, or you're looking at jail time.
    23. Re:RIAA has some learning to do by cascadefx · · Score: 1

      Under the DMCA, it is illegal. Have you been asleep since 1998?

    24. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      Browse is the key word.

      You browse a book, I guess you could sit down and read the whole thing if you wanted to, although I doubt you would enjoy it. You are not browsing music when you get the whole song. Perhaps is you were offered a 30 second clip, that woudl be the saem as your book anology, downloading the complete, album or song is nto even close.

    25. Re:RIAA has some learning to do by Aardpig · · Score: 2

      Did she commit a crime? Was she found guilty of copyright infringement in a court of law? Was she even indicted for copyright infringement?

      --
      Tubal-Cain smokes the white owl.
    26. Re:RIAA has some learning to do by Haeleth · · Score: 0

      He didn't say it wasn't illegal. Of course it's illegal. He said it's not a crime. Which is sometimes true, depending on whether it was done for commercial gain and what the total value was of the works on which copyright was infringed.

      To put it simply: not everything that is illegal is a crime.

      It disturbs me how many Americans appear to be ignorant of these fundamental concepts of the legal system that rules their lives...

    27. Re:RIAA has some learning to do by Bogtha · · Score: 1

      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets

      The RIAA hope to make people scared that they'll get sued if they download illegally. They hope to deter illegal music downloads.

      I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court.

      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album...

      If you, as somebody concerned about their actions, who want others to stand up against the RIAA, readily admit that you are still buying from them*, then the RIAA really has nothing to lose by "alienating their core market". Their core market are still sheep who'll put up with all kinds of shit from the RIAA if that's the only way they can worship their pop stars.

      If you can't wait for someone to make a stand against them, how about you stop giving them money?

      * Collective Soul are signed to Atlantic, a member of the RIAA.

      --
      Bogtha Bogtha Bogtha
    28. Re:RIAA has some learning to do by cascadefx · · Score: 1

      Sure, you can keep those copies for yourself as "backups" but when you give complete copies to people on your P2P network, you are running into illegal territory.

    29. Re:RIAA has some learning to do by cortana · · Score: 1

      If you want to browse, do it with the permission of the copyright holder. For example, you could listen to a short clip of a song with the iTunes music store.

    30. Re:RIAA has some learning to do by ScottLindner · · Score: 1

      "I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court."

      Exactly. I owned about 150 CDs before Napster that I purchased over about 8 years. During Napster's prime, I bought another 170 CDs *because* Napster helped me find great music that I otherwise would have never known about. Since the RIAA insanity started.. I have purchased ZERO CDs in protest of their trying to become a branch of our Government. They are writing laws, ratifying them, passing judgement, and enforcing them. The problems with merging all three branches into one entity is bad enough, but these guys weren't even elected and have no legal premise to even act as our government.. yet they are. So I refuse to support them. It pains me sometimes because I want to buy CDs.. I almost do it.. and then refuse to because of how they are behaving.

      They failed to embrace a new distribution mechanism. That isn't our fault.. that's theirs. Some companies go out of business just because what they sell/do is no longer necessary. Either they need to adapt to new technologies.. or they will fail.

      --
      Slashdot.. where people join together in deliberate ignorance.
    31. Re:RIAA has some learning to do by Anonymous Coward · · Score: 1, Insightful

      no, she was not found guilty, and she can go to court if she wishes. The RIAA has put a price on what they think her violation was worth. If she agrees that she did wrong, and that the amount they have set is a fair estimate of what the violation was worth, she can pay. If she believe she was not guilty, so may go to court and force the RIAA to prove her guilty. At that point, the court will place an estimate of the monetary value of her violation and not the RIAA. Of course they will ask for a higher value than they are willing to settle for now, settling out of court will save them the court costs and time.
      I have a problem with the RIAA suing kids and folks who don't share music, but if you distributed music in violation of civil law, you are guilty. If you believe the law to be unjust, then fight to change it, but until it changes, it is the law.

    32. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      "I have always found that mercy bears richer fruits than strict justice."
      -Abraham Lincoln

    33. Re:RIAA has some learning to do by cascadefx · · Score: 1

      There is nothing wrong with downloading copies of music that a band or its agents have placed on a P2P network (you better be sure they authorized it though). That's why P2P isn't illegal, but using P2P to download copyrighted music that has not been given previous consent to be place on such networks is illegal.

    34. Re:RIAA has some learning to do by Surt · · Score: 5, Insightful

      It's extortion when you haven't committed the copyright infringement but have no hope of defeating their lawyers.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    35. Re:RIAA has some learning to do by AllahsAvatar · · Score: 1, Insightful

      If she does not believe she is guilty she can take it to court. She was on their phone line with them discussing how to pay it because she knew she was guilty.
      OT: Nice sig.

      --
      No sig for you! Come back, one year!
    36. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      heh yeah sorry for the comment about writing but it's kinda annoying to read

      Yeah, about as annoying as your gay ass smileys at the end of every sentence. It's like reading something Charlie Gordon would write.

    37. Re:RIAA has some learning to do by Kymermosst · · Score: 1

      If you are thinking about buying a book, you can browse the subject you like in a bookstore, why can't we do the same with music?

      You can. Go to any decent music store and you can listen to the CD in the store. Some places even have automatic preview systems that scan the UPC code of a CD you present to it and play some of the music on the disc. Some places will open a CD and play it for you at the counter.

      You can't (legally) photocopy the book and take it home. If you could, would you really pay for the book?

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    38. Re:RIAA has some learning to do by Ninjy · · Score: 1

      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it

      I used to do this, years ago. For the past years I've goten up on music completely. They're welcome to keep shooting themselves in the foot for all I care, as long as they stay the hell away from me, my friends, and my family. OR ELSE I SWEAR I WILL RIP T-- Sec, there's a knock on my door...

    39. Re:RIAA has some learning to do by liliafan · · Score: 1
      * Collective Soul are signed to Atlantic, a member of the RIAA.


      No longer they finished their contract and decide to start their own label completely financing their own albums and releases. [url]http://elmusicgroup.com/%5B/url%5D
      --
      GeekServ Unix Consulting Services (http://www.geekserv.com)
    40. Re:RIAA has some learning to do by gcatullus · · Score: 1

      At Borders Bookstores you can "browse" any cd that they are selling from listening stations in the store, all you need to do is scan the cd and put headphones.

      Comparing p2p downloads of music to browsing books is false. You can't download a pdf of any book to your home pc, like you can download an mp3 of any song.

    41. Re:RIAA has some learning to do by stlhawkeye · · Score: 1
      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court.

      They're protecting their intellectual property. Poorly, but that's what they're doing. I'd much rather see them pursue remedies to the piracy problem through the existing laws on copyright infringement than try to mandate their business model by lobbying Congress for mandatory DRM in playback devices. We have current laws that make copyright infringement illegal. If people do it anyway, they can be caught and sued for it. That's how the legal system works. I haven't ever really understood Slashdot's collective indignation that the RIAA is suing people who are breaking the law. I think it's bad PR on their part, and that there are other (better) solutions, but this is better than MORE legislation. The piracy problem cannot be solved by more laws, or even the existing ones. But when they have a lead on somebody, I'd expect them to pursue it. I certainly would.

      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?

      Maybe. Depending on how much you download, it is most likely not a criminal offense, so you're not commiting a crime. Copyright infringement is a criminal offense when you do it for personal financial gain, or accrue what would be $1000 or more in damages in a 6-month period. It's unlikely that you're doing this. If you've downloaded $1000 worth of music in the last 180 days, then yes, you're commiting a crime.

      In my case p2p has caused my to buy more cds than I usually would have if I hadn't of been exposed to certain artists and songs. Is this common I really don't know perhaps other people don't purchase cds by artists they like personally I like to support musicians I like.

      It's fairly common for people who are out of school and have jobs. Personally I don't listen to CDs much, so if I had the digital copy I'd just burn a CD for my car and be done with it, I wouldn't bother to go buy a CD for music I already have. But I also find most P2P networks to be a mess of poor-quality copies, so I mostly get my music through the ITMS.

      I think it's less common to "try and buy" among teenagers and college students. They tend to just "try" and then "not buy" because they don't have much money. Especially college kids. It is a common fallacy of Slashdot to abstract our behavioral "try and buy" pattern to the world's population in general. It's odd, that we take such pride in NOT being like everybody else, but we think everybody else is like us when it comes to music downloading behavior.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    42. Re:RIAA has some learning to do by somersault · · Score: 1

      I am aware of doing them but I cant help it :p looky there I go again. I dont even know who Charlie Gordon is, and neither am I gay. Though my brother is.

      --
      which is totally what she said
    43. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      That judge needs to learn about question marks and periods as there is a strange lack of both in his speech.

    44. Re:RIAA has some learning to do by MarkByers · · Score: 2, Insightful

      Any person commiting a crime must not be tolerated and the law should apply completely on them

      So if $evil_company makes a law that means it is illegal to breathe without paying them for the air, should everyone on the planet be punished? No!

      Sometimes it is the law that is wrong, not the offender. That's why laws are changed all the time. The RIAA has found a loophole in the law which allows them to get away with price-fixing, so it's the law that needs to be fixed. Soon.

      --
      I'll probably be modded down for this...
    45. Re:RIAA has some learning to do by Bogtha · · Score: 1

      Thank you for the correction. Their website was pretty unhelpful, so I went by what was listed on Amazon.

      --
      Bogtha Bogtha Bogtha
    46. Re:RIAA has some learning to do by hunterk1 · · Score: 1
      The only "extortion" they're doing is going around people who are guilty of copyright infringment against their members, and negotiating relatively cheap (compared to the fines you'd suffer if they took you to court) out of court settlements. This is usual, "out of court" is generally not refered to as "extortion" outside of the lunatic pro-piracy fringe, it's actually pretty usual and beneficial to both parties.


      The last time I checked, one is innocent until proven guilty. To suggest otherwise and threaten presumably innocent citizens in this manner is extortion. Saying so is not a "lunatic fringe" statement. They are currently being sued for RICO violoations by an innocent woman in Oregon; more information is here.

    47. Re:RIAA has some learning to do by tobiasly · · Score: 1
      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?

      No, being full of BS isn't a crime. Sure ya delete 'em all. Sure.

    48. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      Did she commit a crime?

      Legally, this hasn't been decided yet. The RIAA believes they have enough information to pursue this but are offering a settlement first. I'm sure they would rather have a quick payment/settlement over a trial. If she goes to court, then it is all together possible that she'll be found guilty of commiting a crime.

      Was she found guilty of copyright infringement in a court of law? Was she even indicted for copyright infringement?

      Apparently the RIAA believes they have enough evidence/information to reach this outcome. They are choosing to offer an alternative to expite the process.

      I'm no fan of the RIAA but breaking the law because you disagree with them isn't going to change the fact that breaking the law is wrong. If you disagree, I'd love to try your logic if I get another speeding ticket anytime in the near future.

      Jim

    49. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 1

      FYI, downloading is reproduction, so don't think that criminal penalties are unavailable for downloading.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    50. Re:RIAA has some learning to do by jandrese · · Score: 1

      By "not affiliated" you mean "except through the K-Street Project right?" They've shown in the past that they can get favorable legislation pushed through both houses and past the president without much trouble at all. Often it's even fast tracked!

      --

      I read the internet for the articles.
    51. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      Hell, I recall going through most of Garbage's *videos* only a few months ago - free for viewing and listening to on their website..."

      Not really true. You need to be a 'member' to see the videos - which will cost you $19.95 per year. Not saying one way or the other whether that's a good or bad deal, just that your statement of 'free' is not really accurate.

      --

    52. Re:RIAA has some learning to do by Vancorps · · Score: 3, Insightful
      There are people in every country which do not care about the laws that govern them. Of course that all changes when it directly affects them but thats another story.

      The problem here is that there is too much product on the market to support a cd distribution system. P2P and iTunes services provide a fast and convenient way to both find and listen to new music. Every spent an hour and a half at a record store looking for a particular album? Lord knows I have and its annoying as hell. Of course the only reason I was willing to spend that time to find it was because I had listened to a few songs I downloaded. It is a weak justification but I am provided no alternative. The one exception is of course satellite radio; the last place I can listen to new music without being inundated with advertising.

      FM Radio wouldn't be so bad if they broke up their advertising so it wouldn't make it sometimes more than a minute between songs. There is nothing worse than enjoying a song, having it come to the end, and then hearing a loud ad pushing a product you couldn't care less about. You want more music, not just one song at a time.

      Back to the issue at hand, the RIAA has criminalized the issue and in the process alienated a lot of their customers. One need only to look at the top selling software to see that pirating does not hurt sales but in fact helps it. Think how much Windows was pirated in the past and how much other software has profited from having a computer that can run it. Music is obviously different since it only has one step, nothing to build off past works.

      The RIAA needs to stop wasting time and money on this and start working on an online distribution system that works without killing their customers. They want format change after format change, the only problem is existing formats are digital. My father repurchased a lot of his LPs on CD and has since converted almost all of his cds to MP3s which he will always be able to listen to. Why would he want to repurchase it ever again?

      If they was a subscription based revenue stream then they should provide one, not force people to spuradically rebuy the stuff they've been enjoying for years. Until they realize this people will download illegal software. Might add downloading is in no way criminal, its the uploading part that is in question. Downloading is fair use, just like I can copy a tape and give it to a friend perfectly legally.

    53. Re:RIAA has some learning to do by bckrispi · · Score: 1
      The RIAA is not affiliated with the government in any way, they cannot make anything illegal.

      Ahh, the blissful folly of youthful naievete!

      They're not a government agency, this is true. But they represent corporations that have billions of dollars in disposable income. If you buy the right congressman, you most certainly can make something illegal.

      --
      Xenon, where's my money? -Borno
    54. Re:RIAA has some learning to do by Billygoatz · · Score: 0

      Maybe they think he'll buy some CDs that has music he doesn't like on it, because he heard it was good.

    55. Re:RIAA has some learning to do by balsy2001 · · Score: 1

      I know more people that have won the lottery (my cousin won 180K not millions but not shabby) than had run ins with RIAA.

      --
      GENERATION 27: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    56. Re:RIAA has some learning to do by nsayer · · Score: 1
      she commited a crime

      BUZZ! Oh, I'm sorry, but that's incorrect. Thank you for playing, we have some lovely parting gifts in the back.

      She allegedly committed a tort. Not a crime. If criminal law were involved, she'd be negotiating with a district attorney, not the RIAA.

    57. Re:RIAA has some learning to do by Theatetus · · Score: 1

      Eh... her actions may have been illegal, but prosecuters aren't exactly going out of their way to find music downloaders*. What is important here is that her actions were tortious, which means someone other than a prosecuter (say, RIAA) can bring her to court for them.

      * and IMO if RIAA were serious about what they said, they would be pushing prosecuters to charge these people. Instead, they are going the civil route, I believe because the burden of proof is lower and they get more $$ that way. If they pushed for criminal charges, the most they could claim was restitution for the value of the "good", which would be nowhere near 3 grand.

      --
      All's true that is mistrusted
    58. Re:RIAA has some learning to do by Wansu · · Score: 1


        I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court.

      One thing the RIAA has achieved is they've made lots of enemies. There's an old saying, "Friends come and friends go but enemies accumulate." They've done such a fine job of making enemies that should some extraordinarily bad things happen to RIAA staffers, the pool of potential suspects will be huge.

      --
      Wansu, th' chinese sailor
    59. Re:RIAA has some learning to do by ravenshrike · · Score: 1

      Or it could be that taking them to court over the matter is a complete pain in the ass.

    60. Re:RIAA has some learning to do by Vancorps · · Score: 1

      The person do the uploading is reproducing. The person doing the downloading in not liable unless they pass it on.

    61. Re:RIAA has some learning to do by CRCulver · · Score: 1

      Sorry for being the devil's advocate here (as I dislike what the music industry is doing) but, what the girl was doing was something illegal, she commited a crime (called copyright infringement, not theft). Any person commiting a crime must not be tolerated and the law should apply completely on them, otherwise it is called corruption.

      You should read up on a concept called jury nullification, often seen as a necessary force for correction in a democratic society.

    62. Re:RIAA has some learning to do by feijai · · Score: 1
      The last time I checked, one is innocent until proven guilty.
      Only in criminal court.

      But let's accept that the grandparent shouldn't have used the phrase "guilty". Even so, here's what we have: a student, who has has all but admitted to illegal file sharing, is being offered a settlement to avoid being sued for rather more money than that (likely). Is this a bullying, stronghanded tactic by the RIAA? Sure. Is it extortion? Absolutely not. Unless you (ahem) think that people should be presumed guilty of extortion before it's proven in court.

      Words like "RICO", "extortion", and "threaten" suggest to me that you are in *fact* one of the lunatic fringe. At any rate, I find it very interesting that in the woman's sob story, she never once admitted that she was responsible for getting herself in this mess in the first place by doing something illegal. I'd bet you wouldn't admit that either.

    63. Re:RIAA has some learning to do by ravenshrike · · Score: 1

      However, comparing it to a library is perfectly valid, as you could photocopy the book, at least in theory, and then return it. As an aside, does anyone else rent CD's from the library and burn them and if so, what's the actual legal situation there?

    64. Re:RIAA has some learning to do by e_slarti · · Score: 5, Interesting
      "...and she can go to court if she wishes."

      Just a reminder to those who might want to look it up in the dictionary:

      extort n. To obtain from another by coercion or intimidation.

      The threat and coercion being: Expensive legal fees or expensive settlement. For a person of limited resources, this is legal extortion. That's why some forms of torte reform are unreasonable and unworkable.

      And if the fee isn't paid the RIAA gets to file liens or even get the defendant thrown in jail. Also as a reminder liens affect credit ratings which affect loan rates which affect future income... the snowball effect of this really is huge.

      I would contend that the REAL piracy is a social piracy on the part of the RIAA. In my opinion, they're plundering our society for short-term monetary gains on what amounts to be bad business processes practices by the RIAA's members. I understand they want to make a buck (who doesn't?), but at what cost to society?

      My apologies to the Pastafarians out there for putting the RIAA in the same ball field as the Flying Spaghetti Monster. His wrath will be mighty and oregano flavored.

    65. Re:RIAA has some learning to do by cjh79 · · Score: 1

      In my case p2p has caused my to buy more cds than I usually would have if I hadn't of been exposed to certain artists and songs.

      I see this argument all the time and I fail to see where you and others like you get off thinking it is your job to dictate to the RIAA their business model. Whether or not downloading music illegally increases album sales is irrelevant. It is illegal, and you are displaying a severe lack of respect for the artists you claim to love so much.

    66. Re:RIAA has some learning to do by teh+kurisu · · Score: 1

      If you want to sample music before you buy it, trying out the iTunes Music Store might be a good idea. They let you listen to ~30 second clips of every song, and it's entirely legal. Failing that, most online CD stores have similar clips that you can stream (Amazon does, at least on some of its stock).

      Better yet, look for independent bands that put sample songs on their websites (I think it's a good idea in general to look for bands that aren't RIAA-affiliated). And look for podcasts that play these bands' music. My favourite is the tartanpodcast... have a listen and see if it's you're kind of thing.

      Or, by all means, continue to download. But ignorance of the law isn't a defence, and what you're doing is illegal. Just bear that in mind.

    67. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 2, Insightful

      That is generally incorrect.

      As the Napster case, and many other cases have held, downloaders infringe on the reproduction right. There is a question as to who is responsible for downloading, but the Marobie-FL case puts the responsibility on the person who caused the downloading to occur; generally, this is the downloader. In the rare case that someone hacked your computer and made it download files, it would be the fault of that person. But if you're just using ordinary P2P software, it's your own fault.

      Uploaders, OTOH, are liable for infringing the distribution right, by making the files available for downloading.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    68. Re:RIAA has some learning to do by Kainaw · · Score: 1

      I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime? In my case p2p has caused my to buy more cds than I usually would have if I hadn't of been exposed to certain artists and songs. Is this common I really don't know perhaps other people don't purchase cds by artists they like personally I like to support musicians I like.

      It seems that everyone who downloads music from the net claims that they buy more albums because of it. Yet, as more people download free music off the internet, less music is sold in stores. How is that possible? Shouldn't people be buying so many CDs that the stores couldn't keep them in stock? Or, are the people who are dishonest enough to download a copy of a song they have no legal right to own also dishonest enough to lie about buying more music because of it?

      --
      The previous comment is purposely vague and generalized, but all of the facts are completely true.
    69. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      The real shame is that I, having bought maybe 10 records/tapes/CDs in my life, cannot really "stop buying" to hurt the RIAA. Surely there are others out there in a similar position. What can we do to help?

      Of course, replace RIAA with MPAA and it's a bit different...for now. Soon enough, chances are I'll have stopped buying them too. They'll have to pry VHS/CRT/DVD from my cold, dead hands first though.

    70. Re:RIAA has some learning to do by nasch · · Score: 1

      The music labels aren't the RIAA's customers, they're its members. The closest thing the RIAA has to customers are its members' customers.

    71. Re:RIAA has some learning to do by duffstone · · Score: 1

      Just go to the public library and listen to the CD in part or whole. Don't know why people don't do this more often, are public libraries that bad?

      I've gone to the library to read entire books for study or for enjoyment. I've gone to the library to listen to Music for study or for enjoyment. If this was illegal then how could a public (government funded) library get away with providing this material to the general public for free?

      IF I obtain copies of this music or written work for personal use (study, reference, etc...) is this illegal as well? How many college students have broken copyright laws by making copies of text snippets or even whole volumes for reference at a later time? The idea of providing copyrighted material to a public forum for public consumption without direct or indirect payment to the copyright holder is, IMO, the key to beating the RIAA. Or any Copyright holder. If you can find the work in the Public library, then you should be able to beat the rap. INAL though.

    72. Re:RIAA has some learning to do by cooley · · Score: 1

      Did she commit a crime? Was she found guilty of copyright infringement in a court of law? Was she even indicted for copyright infringement?

      This is a "civil" suit (not a criminal court proceeding) and you're not found guilty or innocent; nor are you indicted or arrested. You're either forced to pay, or you're not.

      Think of the OJ trial: he was found not guilty in criminal court, so he didn't go to jail. However, he was found to be liable (sp?) for the deaths of the two people is lawsuits suits brought by their families in civil court, and had to pay a settlement.

      The burden of proof in US criminal court is "beyond a reasonable doubt". In US civil court, it's "preponderance of the evidence" (a much lower standard).

      --
      Just then the floating disembodied head of Colonel Sanders started yelling Everything You Know Is Wrong!-Weird Al
    73. Re:RIAA has some learning to do by RITMaloney · · Score: 1
      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market
      That's a somewhat silly question. They're attempting to scare people into not pirating songs by showing them examples of where others have been severly punished for doing so. Even if you don't think this works you should understand the idea. Remarkably, I think its working with the average consumer. I went to RIT for undergrad, a very tech oriented school. Even the public policy majors were computer nerds. Everyone was file sharing. I now go to law school at a State University. I'm absolutely amazed at the lack of technical know how on the part of the average student here. Beyond that most of them are scared of the possibility of lawsuits and want nothing to do with file sharing, where as at RIT everyone was downloading all day long.
    74. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      The real shame is that I, having bought maybe 10 records/tapes/CDs in my life, cannot really "stop buying" to hurt the RIAA. Surely there are others out there in a similar position. What can we do to help?

      Help others to stop buying by downloading and sharing as much RIAA music as you have the bandwidth for? It's the only thing I can think of.

    75. Re:RIAA has some learning to do by Jason+Earl · · Score: 1

      How can you have "no hope" of defeating their lawyers in a crime that you didn't commit? If there was "no evidence" then you would have all sorts of legal avenues for reprisal, many of which could possibly lead to a large pot of gold.

      The reality is that the RIAA has plenty of evidence that the people in question were distributing their copyrighted materials illegally. At the very least they know that someone at your computer was distributing the files. The RIAA certainly has enough evidence that if they were to call in the feds the agents could get a search warrant to seize your computer, search your house and start building a case. Most people, when confronted, wisely choose to take the RIAA up on its offer to settle out of court. They know they were distributing copyrighted material, and they likewise know that if the case became a criminal matter the feds would find enough evidence to put them in prison for a long time. Our current penalties for this sort of crime are ridiculously harsh. That doesn't make the person innocent, it just means that they aren't stupid.

      As a practical matter this means that you shouldn't distribute copyrighte material. Heck, you can probably even download it, just don't distribute it (IANAL, and all that). Or perhaps you should simply stick to musicians that are happy to allow you to download their work. As a practical example I really enjoy Harvey Danger's new album, and it's available as a free download via bittorrent (they even have the music in ogg format).

    76. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      I for one do NOT buy music after listening to a downloaded version.

      Then again, I don't really care for the music that the RIAA has to offer...

    77. Re:RIAA has some learning to do by nuzak · · Score: 5, Insightful

      > The only "extortion" they're doing is going around people who are guilty of copyright infringment against their members

      You misspelled "accused". Glad I could clear that up for you.

      --
      Done with slashdot, done with nerds, getting a life.
    78. Re:RIAA has some learning to do by LunaticTippy · · Score: 1
      It is infringement to copy a library CD.

      It is also impossible to be caught doing this. Unless p2p dies and everybody starts ripping library CDs. Then the RIAA would probably subpoena library records and perform illegal searches of frequent renters homes.

      --
      Man, you really need that seminar!
    79. Re:RIAA has some learning to do by Mr.+Underbridge · · Score: 2, Insightful
      But let's accept that the grandparent shouldn't have used the phrase "guilty". Even so, here's what we have: a student, who has has all but admitted to illegal file sharing, is being offered a settlement to avoid being sued for rather more money than that (likely). Is this a bullying, stronghanded tactic by the RIAA? Sure. Is it extortion? Absolutely not. Unless you (ahem) think that people should be presumed guilty of extortion before it's proven in court.

      You're right - in this case. However, the problem is that the RIAA is adopting the same tactics against people who *haven't* all but admitted to being guilty. That combined with their threats to bleed people out of legal fees if they don't settle is certainly questionable. I don't think one need be a "lunatic" to see that as a threat.

      If the RIAA were carefully vetting their cases to at least convince themselves of someone's likely culpability, that would be one thing. They're not.

      Where's the limit here? Can I go to my neighbor and tell him to give me $3000 or I'll sue him because his tree is casting a shadow on my lawn? That wouldn't be extortion or anything, right? Because in some of these cases, the level of probable guilt is comparable. Not all, mind you, and maybe not even the majority. But the point is that the RIAA is making basically no effort to check.

      Aside from that, I agree with your sentiments regarding the specific case. You knowingly do something that has enormous criminal and civil penalties, don't cry to me when they bust you. Maybe the punishment didn't fit the crime, but you knew what the punishment would be...

    80. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      you're commiting a crime. Maybe it shouldn't be a crime, but it's a crime all the same.

      Copyright infringement is not a crime. It is a civil tort.

    81. Re:RIAA has some learning to do by croddy · · Score: 1
      To imply that RIAA influence peddling is a "Republican" phenomenon is simply foolish. Don't forget who voted for the DMCA -- 99 senators, the only abstention being a Republican. Don't forget who signed it -- a Democratic president.

      The selling-out of our rights is a decidedly bipartisan effort.

    82. Re:RIAA has some learning to do by garyrich · · Score: 2, Interesting

      "Back to the issue at hand, the RIAA has criminalized the issue and in the process alienated a lot of their customers. One need only to look at the top selling software to see that pirating does not hurt sales but in fact helps it."

      True, but you miss the point. Yes, it helps sales but they don't care about sales, they care about profit. Max profit comes from having everyone listening to the same music. P2P and other post modern music distribution makes that impossible. They need you to buy Madonna, if you buy Ayumi Hamasaki instead you have seriously screwed up their business. Their real business is controlling access to the listening public. you can't get people to listen to your music unless you go through them.

      If everyone listens to music that they like, the terrorists win.

      --
      -- your Web browser is Ronald Reagan
    83. Re:RIAA has some learning to do by QuantumPion · · Score: 1

      Do libraries, like video rental stores, buy books which are licensed for rental or public use that cost more then a general personal copy?

    84. Re:RIAA has some learning to do by EzInKy · · Score: 1


      There are people in every country which do not care about the laws that govern them. Of course that all changes when it directly affects them but thats another story.


      You are absolutely correct. Prohibition was a perfect example of this. Once it gets to the point that the majority are breaking the law then the law gets changed.

      --
      Time is what keeps everything from happening all at once.
    85. Re:RIAA has some learning to do by dpilot · · Score: 1

      >I haven't ever really understood what the RIAA hopes to achieve...

      It's quite simple. It could be summarized thus:

      NNN people pirated OUR music. We RUINED them, We DESTROYED their lives, and made it so they will NEVER financially recover. They will NEVER creep meaningfully above the poverty line before they die.

      We're fully ready to DESTROY your life, too.

      So don't pirate our music, or we will.

      Oh, but please buy it. Buy LOTS of it. At OUR prices.

      --
      The living have better things to do than to continue hating the dead.
    86. Re:RIAA has some learning to do by Grishnakh · · Score: 1

      It seems that everyone who downloads music from the net claims that they buy more albums because of it. Yet, as more people download free music off the internet, less music is sold in stores. How is that possible? Shouldn't people be buying so many CDs that the stores couldn't keep them in stock? Or, are the people who are dishonest enough to download a copy of a song they have no legal right to own also dishonest enough to lie about buying more music because of it?

      Here's my perception:
      Back in the Napster days, it was really easy to find music on Napster thanks to its centralized server model (instead of the distributed mess that modern P2P networks have). And, because so many people were using it (since the RIAA hammer hadn't fallen yet), there was tons of music available there and no one was afraid of getting sued yet.

      However, the music there was frequently low-quality: it was badly ripped, had a low bitrate, etc. Or it might be hard to find entire albums instead of just certain songs on those albums. Also, broadband wasn't quite as common back then, so it took a long time to download a song. So, for many people, they liked to download a few songs from an album, and then when they decided they liked it, they went out and bought the whole album. Consequently, if you look it up, the record companies' profits skyrocketted during that time.

      These days, things are different. Many people no longer download music, because they're afraid of lawsuits, it's too much trouble, etc. I know this is the case for me; I bought a lot of stuff back in the Napster days because I "tried before I bought", but now I just don't bother downloading anything, so I don't buy any music either: why would I buy an album if I don't even know what it sounds like?

      So I think your assertion that "as more people download free music off the internet" is simply false, or perhaps it's more complicated than that; the people downloading now are too cheap/poor to afford actually buying it (like students, rather than working people like myself), and the people with money to buy music aren't downloading.

    87. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      The library paid for that copy of the book/cd/whatever to lend to you. The makers of that item got their money.

    88. Re:RIAA has some learning to do by liliafan · · Score: 1
      you are displaying a severe lack of respect for the artists you claim to love so much.
      How could I calm to love them if I had never heard of them? Additionally if I am buying their albums how is that showing a lack of respect?
      --
      GeekServ Unix Consulting Services (http://www.geekserv.com)
    89. Re:RIAA has some learning to do by RESPAWN · · Score: 1

      How can you have "no hope" of defeating their lawyers in a crime that you didn't commit? If there was "no evidence" then you would have all sorts of legal avenues for reprisal, many of which could possibly lead to a large pot of gold.

      There have been documented cases where the RIAA have fingered the wrong person. Witness the case brought against a lady who doesn't even own a computer. Their detection and identification methods aren't at all fullproof, but becuase nobody can afford to go to court with them, their methods have not stood up to a true test in court. Yes, they are opening themselves to various legal avenues for reprisal, but they also realize that most of the defendants can't afford to take the trial that far anyway. Hence, the extortion: the alternative to settling out of court would put such a severe strain on most people's monetary resources that simply giving in to the extortion is a much cheaper solution. Until one of these cases actually goes to court, the RIAA's "evidence" is of such dubious nature that it should not be considered a de facto proof of guilt.

      Besides, that's the point of a trial: to determine if the evidence warrants a conviction.

      The RIAA certainly has enough evidence that if they were to call in the feds the agents could get a search warrant to seize your computer, search your house and start building a case. Most people, when confronted, wisely choose to take the RIAA up on its offer to settle out of court.

      Unless I'm mistaken, the RIAA's lawsuits are civil are they not? IANAL, but I don't believe the "feds" are allowed to get involved in evidence collection for a civil suit. I believe that it is completely up to the plaintiff to collect and present whatever evidence they feel would be necessary for a conviction. Again, the settlements in the RIAA suits are more or less a case of the defendants simply giving in because their pockets a much shallower than those of the RIAA.

      I can't wait for the day that the RIAA takes on somebody who can afford a proper defense and take the case all the way to court. That's the only way we'll ever get a decision as to whether or not the RIAA's tactics are legal. Of course, the down side is, if the defendant loses, that sets precedent for the RIAA. We would most likely be assured of a renewed wave of lawsuits backed by this precedent. In reality, we need to change the laws... something that's hard to do when the RIAA has already taken all of your money.

      I'm still not sure what their intent is with these lawsuits, though. It seems like they are hasseling people just for the sake of hasseling them. Why don't they just go after the real pirates - the guys who make money from selling bootleg copies of their albums.

      --

      If Murphy's Law can go wrong, it will.

    90. Re:RIAA has some learning to do by shorgs · · Score: 1

      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets

      They hope to regain some control over what the perceived value of their product. When file sharing came along consumers set their own price point for recorded music...and it was zero. If unchallenged it would stay zero too. Consumers have no incentive to pay for anything unless there are repercussions for receiving it for free.

      I think you are one of the consumers that sees the light and sees the indirect costs of not paying artists, and sadly the middlemen. You see those repercussions and police your own actions. The RIAA feels that there isn't a large enough population of consumers that share your responsible views and that puts their business is in danger.

      I personally don't think the RIAA have painted a good reputation for themselves. I think they are unnecessary barrier of rot between myself and the artists I respect. I think that they are greedy and if they had it their way they would charge more than their old cartel prices while pocketing all the additional revenue they save with digital distribution. I think you can see that in their dealings with itunes. But I think this particular action is at least a necessity if they are to continue to profit by selling music to consumers. I wish they weren't there...but they are...and that is their reasoning.

    91. Re:RIAA has some learning to do by EzInKy · · Score: 1


      The piracy problem cannot be solved by more laws...


      Sure it can. All Congress has to do is pass a law legalizing the sharing of any and all works and the piracy problem completely disappears.

      --
      Time is what keeps everything from happening all at once.
    92. Re:RIAA has some learning to do by dsharp · · Score: 1

      1008. Prohibition on certain infringement actions

      No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings. IANAL, but the bolded section would seem to imply downloads are ok as long as no money changes hands.

    93. Re:RIAA has some learning to do by hunterk1 · · Score: 1

      It appears the RIAA will have its day in court, and, should it be found guilty, so be it.

      You are correct, civil courts have no presumption of innocence - my bad - which places a large burden on poor (or even middle class) people in defending themselves from such suits. If a person who is subject to such a suit is actually innocent of the crime - which could indeed be the case in the example I cited - then describing the RIAA's effort to obtain a settlement through intimidation seems to meet the definition of extortion.

      You yourself stated it is a "bullying, strong-handed tactic" - is this not intimidation, or the word I used earlier, a threat?

      Addressing the student's status: I agree that personal responsibility is paramount, and, if she is actually guilty of the crime, she alone is responsible for the consequences. Indeed, a lesser payment to the RIAA is a generous allowance of clemency, should they actually have enough evidence to bring a full suit. I did not actually read the original post, so am unaware of the student's status.

      With regard to admitting illegal behavior: I wouldn't recommend that you bet very much on something you don't know anything about - me. Also, please stick to the argument, rather than categorizing which fringe I belong to.

    94. Re:RIAA has some learning to do by danpsmith · · Score: 1

      I call BS, there are legal arguments to be made in the matter. It's not a matter of the legality of piracy, but the proof that can be questioned in nine out of ten cases. I'd like for these RIAA attorneys to prove beyond a reasonable doubt that the charges are accurate in these cases. First of all, the amounts are questionable. I don't think $750 per song shared is a reasonable assumption of loss. There's no telling how much money would've actually been made had the person not shared the song. For the first thing, you can't assume that everyone that downloaded the song would've bought it. You also can't assume that every time a person downloaded a portion of a song, that this is legally the same as downloading the whole thing. Even if you charge $1 per song downloaded, or $1 per shared copy distributed, it's hard to actually come up with concrete numbers in these cases. This is a court of law, they have to prove losses, not speculate, and I think this is where the RIAA can definitely be challenged.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    95. Re:RIAA has some learning to do by Politburo · · Score: 1

      They use civil cases, so there isn't a burden for "beyond a reasonable doubt". All they need is a preponderance of evidence.

    96. Re:RIAA has some learning to do by Seraphim_72 · · Score: 4, Insightful
      How can you have "no hope" of defeating their lawyers in a crime that you didn't commit? If there was "no evidence" then you would have all sorts of legal avenues for reprisal, many of which could possibly lead to a large pot of gold.
      You obviously have never been through the "Justice" system. I suggest you look up the names of those who have been put to death and later found innocent. Try deathpnaltyinfo to watch people getting railroaded in almost real time.

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    97. Re:RIAA has some learning to do by nelziq · · Score: 1
      Actually, what this is is barratry. From the wikipedia entry:

      "In criminal and civil law, barratry is the act or practice of bringing repeated legal actions solely to harass. Usually, the actions brought lack merit. This action has been declared a crime in some jurisdictions. "

    98. Re:RIAA has some learning to do by Raptor+CK · · Score: 1

      Technically, I don't think that this falls under criminal law. That doesn't make it right, nor does it make said actions legal, but it doesn't make them crimes, either. Of course, the RIAA can go about letting you think that it's a crime, since that leads to more settlements, and the cost of the settlement is often lower than the legal fees involved in one's defense.

      It's also unclear if the author was actually distributing copyrighted material, or merely downloading it. There's a reason that cops will arrest the person selling bootleg DVDs and CDs on the street, but not the person buying said bootlegs. Downloading music without the permission of the copyright holder isn't victimless, but it's in the area of lawsuits, and not handcuffs. At the same time, the RIAA has to take into consideration the idea that their actions are quite questionable, aren't winning them any new customers, and amount to little more than extortion. At what point do we see a massive class-action countersuit for barratry?

      --
      Raptor
      "Procrastination is great. It gives me a lot more time to do things that I'm never going to do."
    99. Re:RIAA has some learning to do by duffstone · · Score: 1

      Then my point is, would it not be perfectly legal to jack the copyrighted works from a public library and distribute them? If the fees were already paid, and the rights already satisfied, then what difference does it make who gets the IP from that source?

      Or more to the point, the purpose of a public library is to serve up this information to anyone who so chooses to seek it out. So if 2million people gave up their P2P networks in leu of waiting lists at their local library, Would the RIAA have a leg to stand on?

      Is the issue "Where" the rogue IP originated, or that it's rogue to start with? Maybe I'm just unclear on the details. Just seems to me that if the IP has been cleared for public consumption, then it shouldn't matter where the IP comes from or how many copies exist. It was cleared for the public, and is being offered to the public presently. I see no laws or civil codes being broken. again, INAL however.

      -Duff

    100. Re:RIAA has some learning to do by ColeonyxOnline · · Score: 0, Flamebait

      It does get tiring to see so many people defending the person who knowingly broke the laws (copyright laws), and going after whoever (in this case the RIAA) for being evil. If they were on the other side of the fence having their stuff stolen, they would be glad to have an "evil" corporation defend them.

    101. Re:RIAA has some learning to do by Surt · · Score: 1

      I would say that this situation is typically neither repeated nor intended solely to harass, but IANAL. It seems to me it happens once, and is intended to frighten you into handing over money. Legally in the US, this may or may not be extortion, but from the practical point of view of someone at the receiving end, it is.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    102. Re:RIAA has some learning to do by Vancorps · · Score: 1
      Way I see it maxing sales will maximize their profit. They aren't even working for it. Its not costing them a dime having these people distribute their music. Instead people are downloading, liking what they hear, and buying from it.

      You're right their goal though, they want to control everything you hear and see but that will not maximize profit. If everyone is downloading Ayumi then they would be wise to pursue a contract. Its free market research! Seems like they see this new technology as a threat to their old business which it is, except instead of adapting and using it to their advantage they'd rather squash it. The Microsoft embrase and extend strategy works. They would be wise to take a look at how other software makers deal with the issue. They seem to make money much more efficiently although thats not universal by any means.

      Its a free market, at some point they are going to need to change how they do business. Look at SGI and Novell, both shadows of their former selves trying to remake their image to turn a profit. Novell went into services much like IBM has and they are working out nicely. So while the RIAA is suing their own customers iTMS is making money, other services are emerging. They could bring them all together and sweep up enormous profits. With distribution costs near zero its mostly profit for them. It's a no brainer at least in my mind. I'm sure there are factors I'm overlooking. Just seems like an organization responsible for distribution would want to embrase a new distribution medium.
    103. Re:RIAA has some learning to do by VertigoAce · · Score: 1

      Whereas I happen to know four people who have settled lawsuits with the RIAA and no one who has won the lottery. One of the four was among the first and made national news (ended up raising thousands of dollars through donations on his website to cover the settlement). The other three were part of a batch of lawsuits targetted at college students.

      As far as I know, none of them has any interest in ever purchasing music again. They might have stopped downloading/sharing music, but they also discourage everyone they know from buying CDs.

      I'd say the RIAA made a huge mistake suing students with large social circles at expensive private schools. These are students with a large potential income after graduation who would likely buy a reasonable amount of music. If you sue one person out of fifty in a fraternity, for example, each member only has to refrain from $100 of music purchases for it to be a net loss for the RIAA. Sure, they got the $5000 right away, but they'll end up losing far more than that in future lost business.

    104. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      It's true, I still buy CD's but to be honest I download a lot more than I buy and there's quiet a bit that I download that I like and don't buy. I buy as many CD's as used to before the downloading craze which isn't many, but I listen to a heck of a lot more music than before downloading. I also download music to put on home made movie projects, music I wouldn't listen to leisurely but that fits a project well.

    105. Re:RIAA has some learning to do by antiMStroll · · Score: 1
      "I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets, I mean all they are doing is alienating their core market the way they have been going recently I can't wait for someone to make a stand against them in court."

      I never understood why people don't understand. The RIAA and their ilk want a license-based society, create/fund/steal one IP and make an eternity in profits by licensing per use. OK, perhaps not a literal eterinity, just a lifetime + 70 years. They want this vision enforced by federal law and penalties. It doesn't matter to them if this subverts the very basis on which Western cultures were founded, what level of government monitoring and control over information transferal is required, or that they are purveyors of 'product' the vast majority of which has about as much import as face cream or garden gnomes. ALL they care about is legislating a permanent and profitable position between you and the artist, technology be damned. If the RIAA was around at the start of the last millenium written material would still move by pen and monk.

    106. Re:RIAA has some learning to do by crabpeople · · Score: 5, Funny

      Yeah wow nice troll buddy but it more likely will go like this:

      Anti-**AA lawyer "Your Honor, These *.AA people are threatening lawsuits all up in here. They have no evidence. They should make their peace.."
      Judge - "Wow.. your right. Case dismisssed!"
      *.AA - " but but PIRATES!!"
      Judge - "Pirates sail the sea son, now take your extortion racket and leave town"
      *.AA - * whine whine lumbering dinosuar of the old world noises *
      Judge - "Thats it motherfuckers, you going down!!"
      *Judge pulls out sawed off shotty and jumps up on his bench*
      Judge - " Pistol grip pump motherfuckers!! "
      * *.AA lawyers head asplode *
      * Lawyer falls down, a crimson fountain coats everything in recently depreasureized blood. A leather satchel falls to the floor *
      Judge - "Well now you dirty slime-yer, whats this?"
      * Judge opens the satchel and a small white kitten tumbles out*
      Kitten - "mew!"
      Judge - " Those evil bastards, they were going to eat that kitten "
      * Anti-**AA lawyer steps onto the severed skull of *.AA lawyer crushing it to dust*
      Judge - " your kitten eating hording culture days are over. Set my people free! "
      * all the peoples of the world get together and share their collective culture and world peace is declared (also bu$h gets cancer and dies)*

      -FIN-

      --
      I'll just use my special getting high powers one more time...
    107. Re:RIAA has some learning to do by Lobster+Quadrille · · Score: 1

      ...so the question is, does the law represent morality? whose morality? Laws don't keep up with changing societies and personal viewpoints. Therefore, why should they be obeyed in the first place? To support a system that is rapidly becoming dated? I recognize that this is completely ignoring the fact that the artists and labels have put money into production of this music, my point is that regardless of the issue, the argument that "it's wrong because it's illegal" is completely invalid. Slavery is still legal in some countries, does that make it okay for them, just not for us? Fuck the system, download your music, spend your money supporting the artists when they come on tour. The artists themselves make way more money from the tour than from the album sales, and the record industry itself doesn't deserve the money. I'm a punk.

      --
      "The cup is in turn designed for holding hot or cold liquids, and has an open rim and closed base." --US Patent #5425497
    108. Re:RIAA has some learning to do by jandrese · · Score: 1

      I was more referring to lobbyists in general.

      --

      I read the internet for the articles.
    109. Re:RIAA has some learning to do by danpsmith · · Score: 1

      You are correct, but do you think that they even have that? Evidence of IP addresses can't even confirm what user was using the computer at the time, or the connection with the advent of routers. It could easily have been someone else entirely.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    110. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      WHy do you insit on making a comparison between a public library and a P2P network?

    111. Re:RIAA has some learning to do by jimicus · · Score: 1

      negotiating relatively cheap (compared to the fines you'd suffer if they took you to court) out of court settlements.

      Whoa. Stop right there.

      Granted, there's plenty of case law for what kind of punishment might be exacted on someone who's behind distributing bootleg CDs by the thousand. The RIAA would like similar punishments meted out to file sharers, but how many cases have actually been to court and resulted in that?

    112. Re:RIAA has some learning to do by shark72 · · Score: 1

      "It's extortion when you haven't committed the copyright infringement but have no hope of defeating their lawyers."

      Perhaps, but how is this relevant? The author of the article does not claim that she wasn't downloading music illegally. Sounds to me that she took a chance and got the the old double zero on the RIAA roulette wheel.

      As an aside, it's interesting that there is a large "Copyright and distribution information" link at the end of the piece. Apparently she's not going for the "entertainment wants to be free" angle that many Slashdotters subscribe to; otherwise, she would have published it through a service that would agree to release it in the public domain, and she would have refused payment.

      --
      Sitting in my day care, the art is decopainted.
    113. Re:RIAA has some learning to do by Jason+Earl · · Score: 1

      There have been documented cases where the RIAA have fingered the wrong person. Witness the case brought against a lady who doesn't even own a computer. Their detection and identification methods aren't at all fullproof, but becuase nobody can afford to go to court with them, their methods have not stood up to a true test in court. Yes, they are opening themselves to various legal avenues for reprisal, but they also realize that most of the defendants can't afford to take the trial that far anyway. Hence, the extortion: the alternative to settling out of court would put such a severe strain on most people's monetary resources that simply giving in to the extortion is a much cheaper solution. Until one of these cases actually goes to court, the RIAA's "evidence" is of such dubious nature that it should not be considered a de facto proof of guilt.

      Yes, and she didn't didn't settle. In fact, the RIAA is going to probably end up picking up her legal fees. If the RIAA presses then they are likely to find themselves on the hook for considerably more than legal fees. This is how the system *should* work. The RIAA made a mistake and they are going to pay for it.

      Unless I'm mistaken, the RIAA's lawsuits are civil are they not? IANAL, but I don't believe the "feds" are allowed to get involved in evidence collection for a civil suit. I believe that it is completely up to the plaintiff to collect and present whatever evidence they feel would be necessary for a conviction. Again, the settlements in the RIAA suits are more or less a case of the defendants simply giving in because their pockets a much shallower than those of the RIAA.

      Yes, the RIAA lawsuits are civil, but that's only because if the RIAA were to press criminal charges people would end up in jail for the simple act of sharing Brittney Spears music. Distributing copyrighted works on the scale that is alleged is a federal offense. The RIAA, wisely, in my opinion, is taking a different tactic than unleashing the federales on filesharers. Basically the RIAA takes a group of "John Does" to trial in order to force the ISPs to actually cough up contact information. Then, at that point the RIAA drops the John Doe case and files seperate civil cases in the appropriate venue against the various filesharers. At that point the RIAA has a huge club as they have evidence that the filesharer has committed a federal crime. Sure, it's possible that the ISP got the IP address wrong, or that the identity of the person had been stolen and used to purchase the services of the ISP (that's probably what happened to Marie Lindor), but its not likely in most cases. What's more likely is that the parents are the ones that are sued while it is really the children (or neighbors, or someone else that has access to the computer) that is actually to blame.

      Not that it really matters, in most of the cases the person whose name appears on the account at the ISP has plenty of reason to settle. Maybe they aren't guilty, but chances are good that if they aren't someone in their family is guilty. Once again, pretty much at any point the RIAA could turn the case into a criminal case in which folks could go to prison. So instead of fighting the person *wisely* accepts the RIAA's terms.

      I can't wait for the day that the RIAA takes on somebody who can afford a proper defense and take the case all the way to court. That's the only way we'll ever get a decision as to whether or not the RIAA's tactics are legal. Of course, the down side is, if the defendant loses, that sets precedent for the RIAA. We would most likely be assured of a renewed wave of lawsuits backed by this precedent. In reality, we need to change the laws... something that's hard to do when the RIAA has already taken all of your money.

      You'll be waiting a long time, because it's not re

    114. Re:RIAA has some learning to do by lahvak · · Score: 1

      Or perhaps you should simply stick to musicians that are happy to allow you to download their work

      That's what I do. I only bought about 10 CD's in last 6 or 7 years, and all of them were bought directly from the artists. All songs in my digital music collection have been downloaded directly from the artists' web sites.

      --
      AccountKiller
    115. Re:RIAA has some learning to do by Fulcrum+of+Evil · · Score: 1

      Sorry for being the devil's advocate here (as I dislike what the music industry is doing) but, what the girl was doing was something illegal, she commited a crime (called copyright infringement, not theft).

      So far as I can tell, she's not been accused of any crime, only compyright infringement, which is a civil tort. Too bad I can't see even that, as nobody has provided any background info.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    116. Re:RIAA has some learning to do by Drachasor · · Score: 1

      A lot of the "devil's advocates" here seem to be forgetting some pertinent facts.

      One of the most important of which is that study after study has shown that people that download music illegally also buy more music because of this. So the industry has likely already made a larger profit off her than if she didn't download anything.

      The whole piracy thing is a red herring, and the problem is blown totally out of proportion. Heck, it is hardly worth being called a problem at all--the only part that is arguably a problem is that some studies show that bigger music groups with loads of cash make a little bit less than they would otherwise, whereas the poorer blokes make more. Is anything really wrong with that though?

      So, to reference an earlier post by someone on here, the situation is really similar to jaywalking. It is almost completely harmless. To demand she give up her college education because of it....that's not just ridiculous, but grossly inhumane. I suspect it is a lack of relevent knowledge that causes some people to put up with that level of immorality from the RIAA.

    117. Re:RIAA has some learning to do by AviLazar · · Score: 1

      I call BS, there are legal arguments to be made in the matter. It's not a matter of the legality of piracy, but the proof that can be questioned in nine out of ten cases. I'd like for these RIAA attorneys to prove beyond a reasonable doubt that the charges are accurate in these cases. First of all, the amounts are questionable. I don't think $750 per song shared is a reasonable assumption of loss. There's no telling how much money would've actually been made had the person not shared the song. For the first thing, you can't assume that everyone that downloaded the song would've bought it. You also can't assume that every time a person downloaded a portion of a song, that this is legally the same as downloading the whole thing. Even if you charge $1 per song downloaded, or $1 per shared copy distributed, it's hard to actually come up with concrete numbers in these cases. This is a court of law, they have to prove losses, not speculate, and I think this is where the RIAA can definitely be challenged.

      Civil cases do not require "beyond a reasonable doubt" - that is for criminal cases. If you are going to talk about the law then at least correctly speak of the most basic requirement for proof in civl and criminal. Now, going on beyond that little thing, the attorneys are allowed to sue someone for pirating and that is what they do. Actually we are allowed to sue someone for anything, though you can counter-sue for frivolous lawsuits...while we hate the **AA, their suits are not frivolous. They have LOTS of legal backing. It is up to a judge/jury to figure out if the plaintiff is correct and by how much.

      Since the RIAA/MPAA goes against people who give access to their servers (basically the people sharing the music, not downloading the music - unless I missed a case) I think it is VERY reasonable at 750$ per song. First and foremost it is never an even ratio when talking about penalties. When you break the law and you are paying for damages there are two - the base costs and the punitive damages. The base costs is the actual costs "We know you gave away 100 songs and at 1$/song that is $100). The punitive cost "For your malicious acts, you are being penalized an additional $50/song. If I setup a computer that ran 24/7 for a year - it is really not unreasonable that the songs would be downloaded a few hundred times...the fact they are ONLY charging 750$ is CHEAP! *You* may set the price at $1/song/download - but we are talking punitive damages for breaking the law which has historically jacked up the price.

      There is no doubt that they lose money. You share one song and the sellers lost money on that one song. The jacked up prices are punitive damages. If you want to argue that punitive damages are not cool, then you just joined every single doctor/health insurer in the nation.

      --

      I mod down so you can mod up. Your welcome.
    118. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 5, Informative
      Ah, I haven't seen anyone misread 1008 in the usual way for a little while. It's refreshing. Wrong, but refreshing.

      The key to 1008 in this context is that there has to be the use of a digital audio recording device or digital audio recording medium. The question is, what are those things? Well, we have some important definitions in 1001. Usually the sort of person who cites 1008 will always forget to have checked 1001, to make sure that 1008 actually says what it appears on first glance to say.

      (1) A "digital audio copied recording" is a reproduction in a digital recording format of a digital musical recording, whether that reproduction is made directly from another digital musical recording or indirectly from a transmission.

      (3) A "digital audio recording device" is any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use, except for--
      (A) professional model products, and
      (B) dictation machines, answering machines, and other audio recording equipment that is designed and marketed primarily for the creation of sound recordings resulting from the fixation of nonmusical sounds.

      (4)(A) A "digital audio recording medium" is any material object in a form commonly distributed for use by individuals, that is primarily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital audio recording device.
      (B) Such term does not include any material object--
      (i) that embodies a sound recording at the time it is first distributed by the importer or manufacturer; or
      (ii) that is primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the purpose of making copies of nonmusical literary works, including computer programs or data bases.

      (5)(A) A "digital musical recording" is a material object--
      (i) in which are fixed, in a digital recording format, only sounds, and material, statements, or instructions incidental to those fixed sounds, if any, and
      (ii) from which the sounds and material can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
      (B) A "digital musical recording" does not include a material object--
      (i) in which the fixed sounds consist entirely of spoken word recordings, or
      (ii) in which one or more computer programs are fixed, except that a digital musical recording may contain statements or instructions constituting the fixed sounds and incidental material, and statements or instructions to be used directly or indirectly in order to bring about the perception, reproduction, or communication of the fixed sounds and incidental material.
      (C) For purposes of this paragraph--
      (i) a "spoken word recording" is a sound recording in which are fixed only a series of spoken words, except that the spoken words may be accompanied by incidental musical or other sounds, and
      (ii) the term "incidental" means related to and relatively minor by comparison.

      So, in order for a computer to be a digitial audio recording device, it must have a digital recording function which is designed or marketed for the primary purpose of making digital audio copied recordings for private use.

      This is not the case, however. Ordinary personal computers are general purpose devices; their digital recording functions are the same, whether the data being recorded is text, music, speech, pictures, etc. Thus, it doesn't qualify for 1008.

      Similarly, in order for a hard drive to be a digital audio recording medium, it must be primarily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital a

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    119. Re:RIAA has some learning to do by Surt · · Score: 1

      It's relevant to the parent poster's claim that the RIAA lawsuits in general are all valid (ie the 'just lawsuits not extortion claim'). It was the parent who diverged from the case in the article, not me.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    120. Re:RIAA has some learning to do by AviLazar · · Score: 1

      Funny - that is how we would like it to go down...but the **AA has a fair legal argument. You download/upload their music you are breaking the law. Here, go view a DVD that was actually produced (not pirated) and read the warning at the start. It is the big one that says it is blurb that says federal law prohibits unauthorized viewing/copying and is punishble by jail, fine or both. So the troll is yours - funny - but still a troll.

      --

      I mod down so you can mod up. Your welcome.
    121. Re:RIAA has some learning to do by shark72 · · Score: 1

      "I download music from the internet quite frequently, if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?"

      This is behavior I've only ever seen on Slashdot. Of my friends who opt to get their music via P2P, they do it to save money. So they don't have to buy the CD, or download it from a service that demands payment. If I explained to them that they should go and buy the CD (or download it from the iTMS) when they already got a perfectly good copy for free, they would probably utter a pitiful chuckle in the same manner that Rhett Butler did when Atlanta burned to the ground.

      Yet on Slashdot, there's a preponderance of people who always buy music they like after they've P2P'ed it, or people who wouldn't have bought it anyway (which is, of course, a tautology -- the existence of the music on the P2P networks is in itself a pretty good motivation not to buy it). P2P fans buy more music, not one dime has been lost to piracy, and the explosion of P2P's alignment with the decline in music sales is a complete and utter coincidence.

      --
      Sitting in my day care, the art is decopainted.
    122. Re:RIAA has some learning to do by cascadefx · · Score: 1

      "total value"

      Is subjective, but as has been used in cases such as the Napster ruling, the per incident "cost" of each file traded equals up to a hell of a lot of money and is the reason that most people don't fight in the courts and choose to settle as they would lose.

      The people that the RIAA are going after, by their own admission, are the "first sharers" and the "large sharers" as it can be easily argued that the "first sharers" precipitate later damages and the "large sharers" perpetuate the damages.

      With the DMCA and their court victories behind them, it is a crime.

    123. Re:RIAA has some learning to do by EzInKy · · Score: 1

      ...so the question is, does the law represent morality? whose morality?


      Yes. It represents the morality of those who have the power to enforce the laws.


      Laws don't keep up with changing societies and personal viewpoints.


      You are right, laws are usually slow to change but this is not always bad. Nazi Germany can serve as an example as what can happen when personal viewpoints becomes law.


      Therefore, why should they be obeyed in the first place? To support a system that is rapidly becoming dated?


      They shouldn't be obeyed. Just be prepared to pay the penalty for breaking them until the system catches up to your views.


      I recognize that this is completely ignoring the fact that the artists and labels have put money into production of this music, my point is that regardless of the issue, the argument that "it's wrong because it's illegal" is completely invalid. Slavery is still legal in some countries, does that make it okay for them, just not for us?


      You'll get no argument from me here. Of course I've never been much a cultural relativist either.


      Fuck the system, download your music, spend your money supporting the artists when they come on tour. The artists themselves make way more money from the tour than from the album sales, and the record industry itself doesn't deserve the money. I'm a punk.


      Absolutely. As a matter of fact not a few musicians who have become popular telling people to "fuck the system" are know looking to the system to protect their income. But I'm afraid it's still going to take seeing quite a few punks behind bars before you see much change.

      --
      Time is what keeps everything from happening all at once.
    124. Re:RIAA has some learning to do by TheJediGeek · · Score: 1, Insightful

      What the RIAA is doing is extortion. Plain and simple.
      She is SUSPECTED of committing a crime. It has not been proven yet.
      The RIAA is trying to extort money from her. If the RIAA simply wanted to protect their copyrights, they would simply file a suit immediately upon finding out. Instead they send threatening and intimidating letters to people to extort money.
      Whether or not the girl is guilty of copyright infringement is not relevant to the fact that the RIAA is using that as leverage for extortion.

    125. Re:RIAA has some learning to do by Jason+Earl · · Score: 1

      If you mean that I haven't been tried for murder, yes, that's true. I have never been tried for murder. Of course, neither have any of the people charged with illegally distributing copyrighted materials. I have seen how the justice system works, though. Heck, my father's a judge. I spent enough time at his office when he was a public defender to realize that I wasn't really interested in going into the family business.

      The justice system in the U.S. has its issues, but it works better than anything else you are likely to come up with. In this particular case I imagine that it works remarkably well. For the most part when the ISP coughs up contact information for the IP address in question the person that is fingered owns a computer that has been used for illegal purposes. Things would probably work even better if it wasn't in the ISPs best interest to encourage its users to share copyrighted material illegally. The illegal distribution of copyrighted materials in one of the primary uses of high speed connections to the Internet.

    126. Re:RIAA has some learning to do by BlackCobra43 · · Score: 1

      I think the case would really have much, much more to do with the invasion of privacy used to obtain IPs and/or the extortion in the form of profiling their lawsuits (and ALWAYS settling) so that the defendants cannot possibly hope to afford legal representation.

      But I guess that if you honestly believe ANY lawyer on God's green Earth actually speaks like that you hadn't considered these possiblities.

      --
      I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
    127. Re:RIAA has some learning to do by cascadefx · · Score: 1
      It did not take long to make a Nazi analogy. Wow. This devolved quickly.

      Let's just disregard the fact that you have no real perspective.

      If you don't like the law and don't like the RIAA's tactics, don't buy music from publishers and recording companies that support it. Buy music only from groups and companies that are expressly not members and/or support file trading.

      Jim's Big Ego (http://bigego.com/) is a great band and they release their music under the Creative Commons License. Only buy music from enlightened places like Magnatune (http://magnatune.com/). CDBaby (http://cdbaby.com/) works directly with artists and gives them most of the profits.

      Once you have done all that, then tell the companies that you would normally buy from why you aren't going to buy from them until they leave the RIAA or reign it in. Until you do that, if you still download music that you haven't paid for and don't have permission to download, you're full of crap.

    128. Re:RIAA has some learning to do by shark72 · · Score: 1

      I think Avi covered most of your points, but civil code is filled with inumerable examples of seemingly arbitrary statutory amounts. If you want to learn more about statutory vs. actual damages (this is crucial to understand if you want to make statements like "This is a court of law, they have to prove losses, not speculate"), and the bounds set by the courts for situations like this, you'll want to read Section 504. You'll see where the RIAA get that $750 number. HTH.

      --
      Sitting in my day care, the art is decopainted.
    129. Re:RIAA has some learning to do by ostermei · · Score: 1
      I haven't ever really understood what the RIAA hopes to achieve from all their lawsuits and extortion rackets [...]
      It seems pretty straightforward. This (suing folks) is the most profitable business they can be in. Based on that link, there have been an estimated 18,337 people who have had a suit filed against them by the RIAA. With a large number of these cases being settled for between $3000-$6000 (thus assuming an average settlement of around $4500), if we assume an average of around $12.50 per CD, each person settling is paying the RIAA enough to buy (roughly) 360 CDs. That's far more than the average consumer would generally purchase, probably throughout their lifetime.

      Plus, I imagine it's probably cheaper to hire a two-bit lawyer to sling threats around than it is to record/market albums.
      --
      "Outside of a dog, a book is man's best friend. Inside of a dog, it's too dark to read." -- Groucho Marx
    130. Re:RIAA has some learning to do by AviLazar · · Score: 0, Troll

      I think the case would really have much, much more to do with the invasion of privacy used to obtain IPs and/or the extortion in the form of profiling their lawsuits (and ALWAYS settling) so that the defendants cannot possibly hope to afford legal representation. But I guess that if you honestly believe ANY lawyer on God's green Earth actually speaks like that you hadn't considered these possiblities.

      1) Invasion of privacy - if your IP provider sells your info, your beef is with them, not the **AA. You sue the IP provider, unless (which they probably all do) have provisions saying they can and will give your info away at their whim. But even if you were correct and the *AA did something wrong - each case on it's on basis. The **AA would sue you for pirating and you could sue them for invasion of privacy. But really, nobody has done it (or at least been successful) at targeting the **AA for this because there is no case there. You would, again, have to go after your IP (unless they have a clause in the contract allowing them to do so, or the **AA came with a warrant). Maybe someone could clarify this. I do not want to speak, wiht 100% assurance someone hasn't sued and won for this since it COULD have happened. Just to make another note: When i said nobody has targetted the **AA. Well someone might say "that is because nobody can afford to"...trust me, there are PLENTY of lawyers who would pro-bono sue the **AA if they thought they had a valid case. There would be a line of them.

      2) They are not extorting anything. They are saying "Give us XYZ dollars, and admit you did something wrong or we are going to sue you into oblivion AND press charges against you so you have to face criminal charges. By the way our lawyers *as well as your lawyers* are agrreing with us, and we will sue you for XYZ dollars to the Nth power if you don't comply." That is not extortion that is giving someone an option - which they do not have to do. If they were so evil they wouldn't give people the option. They would just sue them for some insane amount, then press charges and the gov't would take over with jail time and fines that could range in the millions. Settling is NOT illegal, and in fact the courts would PREFER that people settle out of court. It is not only legal, but it is encouraged. It saves time on everyones side. It saves money on everyones side (including the tax payers who need to pay for judges, courthouse, etc). If you are comitting a crime (and pirating *IS* a federal crime) then you can get sued...and if you cannot afford a lawyer that is really YOUR problem. You cannot blame the **AA because the person who is uploading music (illegally) can barely afford to pay his electricity bill, let alone a lawyer...As the saying goes "If you don't want to do the time, don't do the crime".

      --

      I mod down so you can mod up. Your welcome.
    131. Re:RIAA has some learning to do by shark72 · · Score: 1

      "Exactly. I owned about 150 CDs before Napster that I purchased over about 8 years. During Napster's prime, I bought another 170 CDs *because* Napster helped me find great music that I otherwise would have never known about."

      I've had exactly the samee experience...but with the iTMS. I can listen to samples, find similar music, read reviews, and generally make informed purchase decisions. Since I started using the iTMS my music consumption has increased severalfold, I've never made an uninformed purchase, and I haven't had to break the law or otherwise paint a huge target on my back for the copyright holders to find me.

      "They failed to embrace a new distribution mechanism."

      I am not sure what you mean here. You mean online distribution? They sure did... remember, all the online music stores couldn't exist without permission from the record labels, and in most cases, the artists and songwriters. The iTMS has been growing at a logarithmic rate. Sure, it took time, but that's par for the course. CDs didn't really take off until about five or ten years after the format was invented; same with cassette tapes and LPs. New distribution mechanisms have tipping points, like so many other things in life.

      If by "new distribution mechanism" you mean "allow free, unlimited distribution and rely on the honor system to make a profit," would you really think it reasonable to expect them to? Expecting an industry to adopt an arbitrary business model because it suits you, and using this as the impetus to break the law just isn't appropriate. There are plenty of unsigned musicians, and even a few small labels, that follow this model. They're largely obscure (which serves to show how workable this model is), but they're out there if you want to look for them.

      --
      Sitting in my day care, the art is decopainted.
    132. Re:RIAA has some learning to do by TheUser0x58 · · Score: 1
      Do you have any idea how much legal fees are? Do you have any idea how time consuming going to court is? Do you have any idea how stressful it is, especially for someone already attending an ultra-competitive school like MIT?

      Settling out of court is neither an admission of guilt nor a claim of innocence. Its an admission that the defendant lacks the time, energy, and/or financial resources to go to court.

      --
      -- listen to interesting music, support independent radio... WPRB
    133. Re:RIAA has some learning to do by Grishnakh · · Score: 1

      I agree completely. I only brought up the Nazi comparison because it's a good example of a time when something clearly ridiculous was the law. I don't know why everyone hates it when someone brings up that time: it's an excellent point in history from which humanity should learn how *not* to do things, but instead it seems that no one wants to learn from these mistakes at all. Instead, I see the same mistakes made over and over, even today, on large and small scales.

      Maybe I should have brought up an example such as the fact that it's illegal for women to wear pants in Tucson.

    134. Re:RIAA has some learning to do by duffstone · · Score: 1

      Why not?

    135. Re:RIAA has some learning to do by jeffnhl · · Score: 1

      Carefull, not citing your source for the definition puts you in violation of the copyright from the dictionary you used for the definition. Quick, someone give me the number for the D(ictionary)IAA. ;-)

    136. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      "That's why some forms of torte reform are unreasonable and unworkable."

      Torte reform? Changes to dessert pastries?

    137. Re:RIAA has some learning to do by 3nd32 · · Score: 1

      No.

    138. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      The **AA does have a fair legal argument, but the benefits of arguing it out in court would be establishing a legal precedent for what fair damages are, and seeing how well the **AAs lawyers work when they're not just handing out threats to college kids.

    139. Re:RIAA has some learning to do by garyrich · · Score: 3, Insightful

      "Just seems like an organization responsible for distribution would want to embrase a new distribution medium"

      People hate change. Corporations hate change even more. They have never operated in a "free market" and have no desire to. /. Has a high representation of people that Alvin Toffler would call "change junkies". In the rest of the world these type of people are very very rare. I didn't really understand this until I worked for a few years for a dow 30 company, the feeling that what worked 50 years ago should still work now is so pervasive that you breathe it with the air. As far as I can infer - that's how normal people think.

      The RIAA isn't even the record companies that they represent. They are paid to represent the industry as a whole. That interest is selling a million copies of the same thing to everyone. They make the most $$ when the record stores all sell the same 30 products. I could write a 10 page screed on the law of large numbers to prove that point, but frankly nobody cares except investors and economists. It's the mega-platinum sellers that subsidise everything else according to the current (obsolete) business model. It really will be a bit sad to lose that.

      Jaince Ian has written about how cool it is to be truly wicked famous. We are going to lose that as part of this transition. It's kind of like losing the romance of whaling. I don't miss it, but Moby Dick was a hell of a book. We did lose something.

      The RIAA can't stop that, but their clear mission is to stop it or die trying. They *will* die trying, and it won't be pretty. The Hillary Rosen's and Jack Valenti's will cash their checks, sangine that they have done the best they possibly could at something that had no chance of success and move on to the next gig.

      This industry is going to die. But it is going to go out kicking and screaming like every other doomed business model that used to work so very profitably.

      --
      -- your Web browser is Ronald Reagan
    140. Re:RIAA has some learning to do by jratcliffe · · Score: 1

      I suggest you look up the names of those who have been put to death and later found innocent.

      I tried to look it up, and can't find a single name of someone executed in the US but later determined to be innocent. The site to which you link doesn't include any either.

    141. Re:RIAA has some learning to do by Evil+Poot+Cat · · Score: 1

      The RIAA is not affiliated with the government in any way
      ...other than drafting the legislation and paying "election contributions" to the target legislators. And whatever parties, gifts, and other bribery granted to ensure successful passage of whatever law RIAA has written this time.

      "not affiliated", you say? B.S. Pulling the strings is most definitely an affiliation.

    142. Re:RIAA has some learning to do by Ziviyr · · Score: 1

      And the Emergency Command Hologram is nowhere to be seen?!

      --

      Someone set us up the bomb, so shine we are!
    143. Re:RIAA has some learning to do by dsharp · · Score: 1

      Thanks for the informative reply. I've always wondered about that section, and was sure that there must be something I was missing, however nobody had ever taken the time to explain it to me.

    144. Re:RIAA has some learning to do by Vancorps · · Score: 1
      Change is a necessity to every business. The company I'm currently with has been around for 35 years now. Things are done a lot different here than even 5 years ago. You may be right about change addiction but I don't see it as a bad thing.

      I was stating the direction the RIAA can go to maintain their relevance which they seem to have no interest in doing. The record labels themselves aren't in any danger. You would think with the ultimate distribution system within reach they would grab it. I know gas and refinary companies would jump at the chance to easily transfer their products across the world. Think of all the overhead they save. I don't believe there is any economics theory that would say a poor distribution system will bring in the most money.

      I agree with you that the RIAA will die, but the music industry will endure.
    145. Re:RIAA has some learning to do by Kazoo+the+Clown · · Score: 1

      Here's perhaps a more interesting example.

      I don't download copyrighted music from the internet. Mainly because I've collected legal CDs for years and haven't found much new that I care enough about to acquire-- now and then when I do I just buy the CD, though usually used, as they're readily available, cheaper and I don't have to find available disk-space for it, or worry about accidentally deleting it or the possible lack of fidelity of mp3 compression.

      What I *do* though, is rip the CD and copy it to my open-source Ipod-like device (an Archos running Rockbox) as mp3 files. I still keep the CD, so I presume I'm entitled to do this legally.

      HOWEVER, if a friend comes along some day and says "hey, I've got a 300MB drive, hows about copying your entire library to my drive? Whether or not I'll say yes depends on a couple of things-- how close a friend it is first, and second, how pissed I am at the RIAA at the time. In this regard, at this point just about any yahoo off the street is a "close friend."...

    146. Re:RIAA has some learning to do by TechForensics · · Score: 1
      The RIAA are not bringing criminal prosecutions. They are threatening to make you broke with legal fees defending a civil suit if you don't pay their demand. Essentially, this is exploiting the so-called "nuisance value" of the lawsuit (which is the value it has to you if it goes away, and does not at all concern the merits of the claim). The trouble is that Grokster has already established you must pay $750. per unauthorized song in damages, so if they catch you with ten songs on your box there's no way, even if you stand up for yourself all the way through court, your fine will be less than $7,500 (unless the Court finds the downloading was not "willful"). (Which may be the case if your teenager did it.)

      The bottom line on the current state of the law is that if they can show you had "X" number of songs on a shared drive, a settlement of ($750X / 2) might be in your interest-- at least if you did the downloading and knew they were there. (And yes, I must admit, I Am A Lawyer.)

      The brutality the RIAA visits on the public under the current laws is sickening. The solution is Federal legislation (courts can't overturn the minimum $750 fine in the federal statute). Let's put pressure on our congresspersons this coming election year.

      At the risk of being modded down for a political rant, I have to say that one of the major flaws of capitalism is that capital (the big bucks the **AAs have got) accumulates WAY too much power, to say nothing of sweetheart laws and legislation.

      --
      Those are my principles, and if you don't like them... well, I have others.
    147. Re:RIAA has some learning to do by nleaf · · Score: 1
      The problem here is that there is too much product on the market to support a cd distribution system. P2P and iTunes services provide a fast and convenient way to both find and listen to new music. Every spent an hour and a half at a record store looking for a particular album? Lord knows I have and its annoying as hell. Of course the only reason I was willing to spend that time to find it was because I had listened to a few songs I downloaded. It is a weak justification but I am provided no alternative. The one exception is of course satellite radio; the last place I can listen to new music without being inundated with advertising.

      Try out www.pandora.com Enter in a song/band you like, and get a whole lot of music of a similar vein, much of which (if you are like me) you had no idea existed. There's a vertical add on the page, but the listening is ad-free. It takes a bit of listening to get a station that you really like (you vote "like" or "don't like" on each song), but I find that its definitely worth it.

    148. Re:RIAA has some learning to do by bzipitidoo · · Score: 1

      A question I've always wondered about is how is a downloader supposed to know something is copyrighted, and is not legal to download? Some of the available files are in the public domain, or copylefted, or copyrighted but the copyright holders have made them freely available. Downloaders can guess most things on P2P networks are copyrighted and not legal to download, but they don't know that for certain without additional information. Also copyrights have been known to expire. Not recently perhaps thanks to massive expansion, but that's another possibility. How does a downloader know? Is it reasonable from a legal standpoint to expect downloaders to know some file is in violation of copyright, and know this even before they download it? Seems to me that would put the guilt squarely on whoever ripped the original and left out the copyright notice, not on anyone else.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    149. Re:RIAA has some learning to do by Sabriel · · Score: 2, Insightful
      If she does not believe she is guilty she can take it to court. She was on their phone line with them discussing how to pay it because she knew she was guilty.

      How on earth did you get 'insightful' for this? Nowhere in the article is her guilt or innocence admitted or confirmed, so please feel free to share your hidden knowledge or psychic powers.

      She was on their phone line because SHE COULDN'T AFFORD TO TAKE IT TO COURT. What part of that INJUSTICE do you do not clue, or are you just being a shill or a troll? These idiots are suing infants and grannies, they don't give a crap about justice or innocence, only how they can exploit the system.

      (throws soapbox and walks off fuming)

    150. Re:RIAA has some learning to do by cascadefx · · Score: 1
      Maybe I should have brought up an example such as the fact that it's illegal for women to wear pants in Tucson.


      That would have been more appropriate.

      I have no problem remembering the Holocaust. I just think it cheapens those people's suffering to compare it to other more trivial endeavors (I am sure that I have been guilty of it in the past as well... but I am trying to learn and, thereby, instruct).

      We then get into ideas of justified and justifiable resistance. What are you fighting exactly through illegal downloading? Does your message, if it is indeed a political act of resistance ring true, or is it muddied by all the people that are downloading because they are simply want to get something for nothing? Would it not be better to use a more direct form of resistance and starve the income of the RIAA through directed boycott's? I don't know, but I would hazard that supporting those artists and labels that understand this new paradigm is a more effectively revolutionary protest than simply illegally downloading music. Hence my suggestions.

    151. Re:RIAA has some learning to do by ScottLindner · · Score: 1

      "I am not sure what you mean here. You mean online distribution?"
      "If by "new distribution mechanism" you mean "allow free,"

      The music industry's main business has always been in "exlusive distribution" deals. They make their money on the distribution of the music. Not selling the music, or producing the music, and not even the road shows. They make it all on selling and distributing LPs, 8 tracks, cassette tapes, and CDs. The Internet changed all that.. but they failed to embrace the new distribution mechanism that people wanted. It wasn't free that people wanted, it was the new distribution mechanism.. coupled with the power to choose what you want. That's why the music industry is fighting it so hard. They know they failed to change their business model to the new technologies. My comment has nothign to do with free.. or the people downloading MP3s for free. There are a lot of people that buy online music even though they could download for free. Why? Most people aren't thieves. Mostly college students are.. which is never going to change. Never has, never will.

      --
      Slashdot.. where people join together in deliberate ignorance.
    152. Re:RIAA has some learning to do by e_slarti · · Score: 1

      [[grumbles]] Damn spell check. Hehe. Thanks ;)

    153. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 1

      No sweat. Basically, it's what you use when you use analog cassette tapes, Audio CDR (the ones marketed as such, not the data CDRs people normally use, though they're functionally identical AFAIK), Minidisc, DAT, etc.

      And in any case, it was basically written by RIAA, and they're not going to give themselves the shaft.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    154. Re:RIAA has some learning to do by It'sYerMam · · Score: 1

      This is not the point. The issue at hand is that revenue for the record industry is being increased, so statistics and proponents suggest, so they shouldn't damn well be complaining. It may be illegal, but people have a good point when they say it's (possibly, currently) illogical.

      --
      im in ur .sig, writin ur memes.
    155. Re:RIAA has some learning to do by cpt+kangarooski · · Score: 1

      A question I've always wondered about is how is a downloader supposed to know something is copyrighted, and is not legal to download?

      Well, no one cares. Modern copyright law is weighted very far in the favor of copyright holders, particularly when computers are involved. So if you download it unlawfully, it's no excuse that you didn't know, or even that you had no reason to know. The best you can hope for in that situation is that you will only have to pay the bare minimum of $200 per work infringed. Pretty fair, right? Yeah.

      Ideally there should be notice, but it would only be attached to the work, not a link, and in any case the absence of the notice doesn't get you off the hook either, since the damn Europeans (and our own copyright lobby) have been in a race to make the law as bad as possible.

      It's probably something to ponder when considering the sweeping reforms we need for copyright to be reasonable once more.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    156. Re:RIAA has some learning to do by LordKronos · · Score: 1

      Well, I'm not sure about people who actually have been executed and then found innocent, but there have been plenty sentenced to death but luckily found exonerating evidence before they ran out of ways to stall the system. Read about them here:

      http://www.deathpenaltyinfo.org/article.php?scid=6 &did=109

      The reasons run the whole gamut: DNA evidence, prosecution destroying or withholding evidence, witnesses who lied or were coorced, coerced confessions, the real criminal confessing, etc.

      An entire 123 people on that list, all found innocent after being sentenced to death. So now let me ask you a question. Do you really think that every person wrongly convincted was lucky enough to find the proof before being put to death? Don't you think that there were probably at least a few (if not a bunch) who were not so lucky as to find the evidence in time?

      Remember, in most cases, once the suspect has been executed, there isn't a whole lot of motivation to continue devoting the time and expense required to find the exonerating evidence. Don't take a lack of documented cases as evidence that it's never happend.

    157. Re:RIAA has some learning to do by Seraphim_72 · · Score: 1
      You are right, my point was not the death penalty, but to the point of being railroaded by the legal justice system. How many innocent men have sat on death row? Here is a quote from wikipedia "Most notably, 67% of capital convictions are eventually overturned, mainly on procedural grounds of incompetent legal counsel, police or prosecutors who suppressed evidence and judges who gave jurors the wrong instructions.[4][5] Seven percent of those whose sentences were overturned between 1973 and 1995 have been found not guilty. Ten percent were retried and resentenced to death.[6]" even if you want to take the low number 7% of people is an outrageous number of innocent men whose lives have been shattered by the system. Read the bit I quoted from the grandparent again. My statement was about innocent men not having to fear procecution. Also find the pot-of-gold for one of those finally exonerated.
      As for your point if you want to read about what might be the first one executed read here. But as the people who investigate the mistakes are also the ones procecuting the original crime I don't see a lot of hope. Truth is, the reason that none have been found IMHO is that no one in an official capacity or position investigates a crime after a sentence has been handed down. This one was done by the NAACP, fer cripes sake. Most of the work is done on making sure the innocent aren't killed, finding the ones that still slip through or already have slipped through, well, there there just isn't enough money or manpower. No lawyer in the world would tell you with a straight face that it 100% has never happened. I sure hope I or no one I know is that fluke.

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    158. Re:RIAA has some learning to do by Grishnakh · · Score: 1

      I have no problem remembering the Holocaust. I just think it cheapens those people's suffering to compare it to other more trivial endeavors (I am sure that I have been guilty of it in the past as well... but I am trying to learn and, thereby, instruct).

      I don't know about this. If we only talk about Nazi times in comparison to equally horrible things, we won't be talking about them much, because there simply isn't much else that's on that level. Offhand, I can think of the Khmer Rouge, the Rwanda massacre, and that's about it. Some lesser things but still up there would be the Serbian-Kosovo conflict, and Saddam's genocidal attacks on his people. It seems to me that, though all the things that happened during the times of the Nazis (which does not only include the Holocaust, there were many other things that happened there such as their invasions of various countries, the way they got to power, the way they maintained power and eliminated any dissenters, etc.; all these things have valuable lessons) were at a very extreme level, remembering these things in relation to other, lesser things only helps us to remember the tragedy, not to cheapen it in my opinion. After all, Germans before WWII probably never imagined that such a thing could happen in their own country, but it did.

      Would it not be better to use a more direct form of resistance and starve the income of the RIAA through directed boycott's? I don't know, but I would hazard that supporting those artists and labels that understand this new paradigm is a more effectively revolutionary protest than simply illegally downloading music. Hence my suggestions.

      I agree; I haven't bought any RIAA music in years. They aren't getting any more of my money, and all my attention is now on independent artists.

    159. Re:RIAA has some learning to do by It'sYerMam · · Score: 1
      If he (or I) doesn't like it, why would he waste hard disk space keeping it on the system?

      In fact, if he doesn't listen to it but doesn't delete it, he's technically done nothing wrong, even if it is still illegal.

      --
      im in ur .sig, writin ur memes.
    160. Re:RIAA has some learning to do by It'sYerMam · · Score: 1

      I can see your point about legality, but respect? If anything, he's doing more respect to the artists, because he's buying their stuff, which otherwise he would not. The point is a fair one - if it increases revenue to the industry, why are they taking action? Because they're immoral, and apparently want to capitalise on something that has already made them money.
      Maybe we can't 'dictate' their business model, but we can certainly pass judgement. My judgement is that it sucks, and I'm happy that I've thought this through.

      --
      im in ur .sig, writin ur memes.
    161. Re:RIAA has some learning to do by idonthack · · Score: 2, Funny
      Judge - " Pistol grip pump motherfuckers!! "

      Watch out, they'll sue you for violating lyric copyright.
      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
    162. Re:RIAA has some learning to do by Pig+Hogger · · Score: 1
      It is infringement to copy a library CD.
      Not in Canada. Go to any library, and you'll find in any given moment many people ripping CDs on their own laptops. Or even on library computers!
    163. Re:RIAA has some learning to do by Tourney3p0 · · Score: 0, Flamebait
      I suggest you look up the names of those who have been put to death and later found innocent.

      I recall a case a couple months ago where some DNA evidence was found that could possibly prove a man put to death was innocent. All the way up to his death he insisted he didn't do it, and finally this evidence could potentially prove his case.

      Apparently this was a rather large news story, because there were many news articles. Almost every one I read noted that it was a big deal because it would be the first time someone who was put to death would later be found to be innocent.

      I looked through your link, then did some Google searches, and found no mention at all of a man put to death later being found innocent in America. Just wanted to let you know, so you don't try that argument again.

    164. Re:RIAA has some learning to do by LunaticTippy · · Score: 1
      You filthy Canadians get all the breaks.

      I'd put a smiley there, but since you're Canadian you probably have a sense of humor too!

      --
      Man, you really need that seminar!
    165. Re:RIAA has some learning to do by jrockway · · Score: 1

      Parody is fair use.

      --
      My other car is first.
    166. Re:RIAA has some learning to do by shark72 · · Score: 1

      I understand what you're saying, but it fails in practice. When one reads therads like this on Slashdot, there's the obligatory "don't forget Magnatune!" post. Magnatune embodies what many Slashdotters would consider to be the perfect music business model: no DRM, you can listen to it in entirety before you buy, Creative Commons licensing, liberal redistribution rights, and so on. Yet while Apple and the record labels are having a grand old time with the iTMS and its explosive growth, Magnatune is flailing. It's telling that somebody has to point out that Magnatune exists each time the subject of piracy comes up.

      If I were a record company executive, Magnatune's lack of success would not sway me from the "invest money in an artist and sell copies one at a time to recoup the expense" model. Piracy is a cost of doing business, just as retail businesses must deal with shrinkage. People will always try to get something for free, no matter what your business is. This means that it must be dealt with. I don't think it means the model is broken.

      --
      Sitting in my day care, the art is decopainted.
    167. Re:RIAA has some learning to do by ScottLindner · · Score: 1

      "I don't think it means the model is broken."

      The model is broken. Most people want music downloads.. not free. Even the sale statistics prove this that were just recently published.

      The problem is an antiquated business model that they are struggling to keep in tact.. even though it's going to fail unless they can take control of the Internet.

      Lots of businesses go away because they fail to adapt to a new business model when their old model is no longer profitable.

      --
      Slashdot.. where people join together in deliberate ignorance.
    168. Re:RIAA has some learning to do by geodescent · · Score: 1

      This is a bit old now but I seem to remember a case where the mother or grandmother was sued successfully(?) by the RIAA for being the owner of a computer and failing to be responsible for who was using it and what they were using it for, which, if it did go in favor of the RIAA, would have set a legal precedent against just such a claim of innocence.

    169. Re:RIAA has some learning to do by shark72 · · Score: 1

      "The model is broken. Most people want music downloads.. not free. Even the sale statistics prove this that were just recently published."

      Ah. I thought you were referring to the business model of investing money in a product and then selling it to recoup the investment, but I guess you're talking about the distribution model. I agree with you here; I think I've seen the same studies that show that physical media like CDs are going to be a niche product in another decade.

      "The problem is an antiquated business model that they are struggling to keep in tact.. even though it's going to fail unless they can take control of the Internet."

      I've lost you again. Do you mean specifically the business model of selling CDs, as opposed to selling online? From my observation, the record companies are getting into the online thing just fine, just a little late for most bleeding-edge Slashdotters (it's deja vu all over again... I bought my CD player in 1984 and it was years before the record companies would release content in CD simultaneously with the vinyl release). They'll probably continue to sell CDs for as long as there's a market (just as they continued to sell LPs for as long as they could), but given the lack of overhead (and thus more profit potential) of online distribution, I don't any record label will be particularly sad to see that day when CDs are museum pieces. I can't think of any record companies that are refusing to join the digital revolution and are hoping to keep the CD format alive... can you? I still run into some out-of-print CDs that I can't yet find on iTMS, but I usually assume that it's due to clearance issues (the composer and songwriter typically must give permission) rather than some wrong-headed effort to keep the CD format alive.

      At any rate, I think it's clear that record labels understand that piracy is a cost of doing business. Their efforts to curb it are with the goal of getting more people to pay for music... not pay for it in any particular format.

      "Lots of businesses go away because they fail to adapt to a new business model when their old model is no longer profitable."

      Yup. Luckily, Apple makes it pretty easy to get your stuff onto their store. There are even service bureaus like CDBaby that can take care of the transcoding for small labels or unsigned artists who don't have a friendly neighorhood geek to help them. I think the iTMS and their ilk are an opportunity for the indie labels to do better than in the past, since it's often harder for indie labels to get distribution of physical CDs. I've bought a lot more indie stuff than major label stuff on the iTMS, and it's stuff I never would have found in a traditional record store.

      --
      Sitting in my day care, the art is decopainted.
    170. Re:RIAA has some learning to do by ScottLindner · · Score: 1

      "Ah. I thought you were referring to the business model of investing money in a product and then selling it to recoup the investment, but I guess you're talking about the distribution model. I agree with you here; I think I've seen the same studies that show that physical media like CDs are going to be a niche product in another decade."

      I am referring to a business model. The music industry's main revenue stream IS their distribution. Over 80% of their profits come from their distribution model.. which IS their business model. See the point I'm making? This isn't even my opinion. Its' been written about before and this is even the reason why they artificially inflated CD prices high because they knew they were going to take it in the shorts... because their profits are based on distribution.. not on the music itself. The Internet is replacing over 80% of their business model. See the issue? Why the RIAA is so hostile toward this?

      --
      Slashdot.. where people join together in deliberate ignorance.
    171. Re:RIAA has some learning to do by mjwx · · Score: 1

      You've forgotten how the music industry does business. Remember that if you are allowed to choose what you listen to instead of accepting the crap that they shove down your throat all the marketing is ruined.

      You selfishly deny already ridiculously rich men more money, you cruel heartless bastard.

      I've got to rush out and buy a guitar before it is ileagal to produce your own music. "That was an A, you know that that note is covered under copyright".

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    172. Re:RIAA has some learning to do by danpsmith · · Score: 1

      Wouldn't that legal argument be the equivalent of owning a handgun and being responsible for someone committing a crime by using it?

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    173. Re:RIAA has some learning to do by Vancorps · · Score: 1

      Tis what I miss about Audiogalaxy, I don't know how much music I got from it before it was shut down. Seems a shame. I'll check out Pandora though, thanks.

    174. Re:RIAA has some learning to do by jamar0303 · · Score: 1

      That and Japanese labels actually *DON'T* use DRM anymore, saying that people have learned to respect copyright more. So indeed, Japan seems to lead in everything- including common sense. If Sony Music Japan had any control over Sony BMG, the rootkit fiasco would have never happened (but we would have had Sony CDs restricted to ATRAC ripping, and we know how much everyone loves SonicStage.

      --
      OSx86 FTW
    175. Re:RIAA has some learning to do by xtracto · · Score: 1

      Sometimes it is the law that is wrong, not the offender. That's why laws are changed all the time. The RIAA has found a loophole in the law which allows them to get away with price-fixing, so it's the law that needs to be fixed. Soon.

      Do you realize that my argument and yours are not opposite? I completely agree with you, copyright law is flawed, I am not completely against copyright but I am against the way it has been enforced or the way it has been driven. Irghtnow it is completely UNFAIR. There are several ways to make it fair, one of them is reducing the years of monopoly, the second is (and it is more difficult) enforcing an adecuate price model.

      Of course the pricing model that the music distributors are trying to enforce is irremediably broken as there is no way you can mantain a mole of a company that big (and all the supply chain) without reducing the prices. Of course as we all know nowadays there is *no need* for the same supply chain that was required before, there are better methods of delivery available.

      The problem here is that, it is the companies in the middle of the supply chain the ones that have acquired the most power and they are the same that are not needed anymore. The effect is that they are trying to *force* the marke to make them needed, of course it is a dead end for them.

      What they should do (and some of them will become that) is change their role in the chain, or change the way they made the role. They have not /discovered/ that they could use this shake in the supply chain to their beneffit, making for example a www.sonymusic.com/buymp3online.html portal where they will control from the manufacturing (record, production, even "stars" creation ala Spice Backstreet Kids on the block) to the consumer selling.

      The first mega corporation that realizes this will be the one that will rule them all :).

      Well, returning to what I was answering to, event hough the law is broken, it is a law. It is like speeding, there are highways that have a 100kph limit although they are really good and you could go to 130kph without problem, or the contrary some places where the max is 90kph and there is a school above the street, the law might be broken (ok, here it is not speciffically the law but, i hope you get it) but meanwhile it is like that *you can NOT brake the law*. In a democratic country (working the way it was supposed to work) you could /try/ to change it, but of course even if you do not like and try to change the law it does not warranty you nothing, because a democracy is based on the *mayority* so, the mayority of citizens should want to change the law.

      Of course in capitalism that may not work too fine as money is what really moves everything and you only get that the government becomes a kind of corporation where the "wealth" is defined in power.

      Now that I am on that, let me write something related, there is a phrase in Spanish (at Mexico) to name the president of a country, it is "Primer Mandatario" and it is translated to "First Mandatary", now it is interesting that the meaning of the phrase is somebody *who is mandated* and not somebody who *mandates*. I think this is something that has been lost thorough the times as the Government is supposed to be *mandated* by the people but nowadays it seems that is not the case.

      Of course it is *really* difficult to govern a country where you have a 50% division on the preferences of the citizens.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    176. Re:RIAA has some learning to do by plague3106 · · Score: 1

      So you really think the labels should lock up the OP because he violated the DMCA? I think he'd have a hard time buying CDs in jail.

      Fact is the DMCA is law that should have never been passed; it screws the consumer without any real benefit to them.

    177. Re:RIAA has some learning to do by nilbog · · Score: 1

      The offense is on the person who uploaded a copyrighted work, not a person who downloaded it. I've never heard of the RIAA actually going after someone for downloading (even thats what all the aritcles say) - it is distribution of copyrighted materials that pisses them off.

      --
      or else!
    178. Re:RIAA has some learning to do by cascadefx · · Score: 1
      Fact is the DMCA is law that should have never been passed; it screws the consumer without any real benefit to them.

      I completely agree and I was writing my senators and doing my bit to stop it from being enacted. My point is that downloading music that is now illegal because of it is not going to get it repealed. Instead, it will inculcate congress to pass even more laws of its nature in order to "protect" the RIAA and its members from those evil downloaders.

    179. Re:RIAA has some learning to do by cjh79 · · Score: 1

      if it increases revenue to the industry, why are they taking action? Because they're immoral, and apparently want to capitalise on something that has already made them money.

      I think that is a very narrow-sighted statement. The reason they are taking action is because they believe they are losing money through people illegally downloading music. I'm not sure whether that is true or not, but I'm pretty sure not everyone who downloads an album that they like *does* buy it, as the grandparent does... I don't believe for a second that they are doing this to reap more profit.

      However, my point about respect for the artists boils down to this: the artist (and the record company) expects you to buy their album if you want to listen to it, not try it, then decide whether or not to buy it. This is the implicit agreement you have with them as a music listener. By downloading it first, listening to it, and then deciding whether to buy it, you are violating that agreement, behind their backs. In my book, that displays a lack of respect. The fact that you do buy the album, while heart-warming, is not relevant to this argument. Especially considering that many, many of those who download music will happily listen to it many times over and never pay for the music they are enjoying. Try to look at it from the artists point of view.

      I gave up downloading music illegally some time ago for these reasons.

    180. Re:RIAA has some learning to do by It'sYerMam · · Score: 1
      The reason they are taking action is because they believe they are losing money through people illegally downloading music.

      Fair enough, however, your point about respect I still don't agree with. For me, where I control my actions, I know that I'm doing nothing morally wrong if I download a song, like it and pay for it. I also know I'm doing nothing "financially" wrong, since I have increased their revenue.
      If I go into a bookshop I can read the blurb and a few pages to see if I like a book. I see this the same way. There's nothing like blurb for a song - a review can't tell you whether or not you'll like it. A quick listen will - whether I do this with p2p, at a music store, or more likely these days, with last.fm.
      I find it unlikely that the artists themselves would mind particularly that I checked whether or not I liked their music before I bought it. If they are decent people, they'd appreciate that it is not their right to have my money, and should also be happy that I'm enjoying their work. Perhaps their label would get shirty, but the actual human beings I have difficulty imagining getting in a flap.

      --
      im in ur .sig, writin ur memes.
    181. Re:RIAA has some learning to do by Anonymous Coward · · Score: 0

      "if I like the song I have downloaded I will usually buy the album if I don't like it I delete it, does this mean I am commiting a crime?"

      Yes, that's what it means.

      And, I doubt that if you're saving money to try to have your wife's tubal ligation reversed you're actually buying the music. It's more likely that you're rationalizing your copyright infringement by saying "Well, I'm trying to save money for something more important, and I still want to be entertained, so, it's OK if I illegally download music."

      The only interesting thing about your post is the lengths that people will go to justify their actions.

      But, the pro-copyright infringement crowd here LOVES you, apparently.

  5. This is ridiculous by dobedobedew · · Score: 5, Insightful

    Are any of you still buying RIAA label cd's? If you are, you are supporting this crap.
    This has to stop.

    1. Re:This is ridiculous by sinucus · · Score: 1

      So you wouldn't mind posting your home address right here on slashdot then would you? I mean, if you don't have anything to hide, right? Just because you aren't breaking the law is by no means saying that you have no right to privacy. I don't do drugs nor have an illegal brothel running out of my bedroom but that doesn't mean I want the DEA or FBI walking into my house every week, "just to be sure."

    2. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Your taste in music is the only thing that should be hidden my friend (:

    3. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Hehe... When they infect your computer with buggy DRM-systems, it affects YOU.

    4. Re:This is ridiculous by The-Bus · · Score: 2, Insightful

      Or... if you still like the artists but hate the RIAA, buy the CD used. No more money goes back to the RIAA and you still have the CD.

      --

      Small potatoes make the steak look bigger.

    5. Re:This is ridiculous by dr_dank · · Score: 2, Insightful

      Are any of you still buying RIAA label cd's? If you are, you are supporting this crap.

      And when their profits fall, they play the victim card again and start cranking out ever increasing numbers of lawsuits. As long as they have legislators in their pockets and shyster lawyers that'll pressure settlements out of people, this will continue.

      --
      Where does the school board find them and why do they keep sending them to ME?
    6. Re:This is ridiculous by mrtroy · · Score: 1

      Yeah I just bought four of them and I don't really care. You wouldn't have a problem with this if you didn't have anything to hide.

      You sir, are an idiot.

      What if the RIAA decides to charge you? Can you really afford to fight it or is it easier to settle?

      You think their practices are acceptable?

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    7. Re:This is ridiculous by raygundan · · Score: 1

      No kidding. It's been years since I bought a CD. Last time I bought any significant amount was during emusic.com's all-you-can-eat-for-a-monthly-fee years, and since they've killed that and made everything online all DRM-pain-in-my-ass and the shady online alternatives legally dangerous, I'm just not interested in screwing around with it anymore.

      Or maybe I'm just getting old and I like listening to the news in the car better.

      Or maybe the lack of variety in radio airplay fails to expose me to anything new and interesting that might tempt me into purchasing.

      I catch the symphony and local Jazz bands live when I can, and that seems to fill the music need in my life pretty well. The RIAA can suck it.

    8. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Is there a resource out there that would tell me which labels to avoid and which labels deserve my business? I'm sure someone can help a brother out with a link and score some informative karma.

    9. Re:This is ridiculous by Thaddeus · · Score: 5, Insightful

      You wouldn't have a problem with this if you didn't have anything to hide.

      Sorry, but you're wrong. All the RIAA needs is for someone to tell them (maybe your own ISP, erroneously) that your IP address was associated with an illegal music download. Doesn't matter if they got it wrong. Only way you can prove it is to go to court, at which time the court will order your computer seized to be scoured for evidence, and you will incur thousands of dollars in legal bills even if you win (unless someone takes your case pro bono). Alternatively, you can shell out a few thousand to the RIAA and it will all go away.

      --
      ^X^S ^X^C
    10. Re:This is ridiculous by pebs · · Score: 1

      Or... if you still like the artists but hate the RIAA, buy the CD used. No more money goes back to the RIAA and you still have the CD.

      Yes, technically that is true, but reducing the supply of used albums increases the demand for new albums. The person who will buy it new or used goes to buy it, doesn't find the used album because you bought it, and buys the new one instead.

      --
      #!/
    11. Re:This is ridiculous by dlc3007 · · Score: 1
      Yes! Thank you!

      I buy all my CDs used or from the artist at live shows -- which generally gets an autograph as well. My favorite CD is the pirated on that was being sold by the artist. The record company let it go out of print, so he made his own copies and was selling the blank-label CD.

    12. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Idiot.

    13. Re:This is ridiculous by E2Hawkeye · · Score: 1

      Absolutely.
      If your favorite band is on an RIAA label, they really shouldn't be your favorite band anymore. There's plenty of great bands if you bother to look beyond what the Clear Channel stations are playing.

      Side note: Green Day pretending to be "alternative" or "rebels" somehow outside the system.

      Sheee-it, they do more to finance the RIAA than anyone else. Stop proxy financing the RIAA's legal team.

    14. Re:This is ridiculous by jrmiller84 · · Score: 1

      I'm really surprised they haven't gone after this market as well or perhaps they have?

      --
      I will forever be a student.
    15. Re:This is ridiculous by Colonel+Angus · · Score: 1

      When did this happen? I just recently finished off a month's subscription to eMusic and nothing I have is DRM'd.

    16. Re:This is ridiculous by Mateo_LeFou · · Score: 1

      I am not, and I use the RIAA radar to avoid them. Like e.g. I'm a big bjork fan but alas... good news is that her Drawing Restraint 9 soundtrack is non-RIAA. Can't decide how far to take the boycott -- boycott albums directly or any artist who generally releases under RIAA?

      --
      My turnips listen for the soft cry of your love
    17. Re:This is ridiculous by sk8dork · · Score: 1
      i agree. i must confess, though, that i did recently purchase a few albums that fell under the RIAA umbrella. my only excuse is ignorance; i was not aware of what i was doing. it didn't even cross my mind that DCFC's new album is on an RIAA label.

      one can view all of the RIAA labels at their site.

      a nifty tool can also be found here to search the RIAA radar database

      --
      ...all cock-blockery aside...
    18. Re:This is ridiculous by Daysaway · · Score: 1
      The problem with that theory is the same that plagues the video game industry, and any other media industry which you can buy used material.

      Sure, the RIAA isn't getting anything for that used copy of said CD, unfortunately neither is the artist. You are not supporting anybody but the store who sold you the used CD at that point... and they make a killing off of used CD sales.

      Think about it.. A music store pays $13 for a CD, and they sell it for $15. They give you $3 for a cd you (or at least somebody) bought new for $15. They sell the used CD for $10. The profit on a Used CD is $7 where the profit on a new CD is $2.

      This may not sound like a big deal to you, but if a music store cycles 10 used CD's for every 1 new CD, they make far more money than the artist.

      And lets face it. If there are 2 CD's on a shelf, guaranteed to function identically. One costs $10 and the other $15, which would you purchase? Any red blodded consumer is going to buy the cheaper one.

      --
      Colonel Cranium this is Rectal Reconnaissance, we are on a collision course sir, Abort Abort!
    19. Re:This is ridiculous by orangeacid · · Score: 1

      Perhaps we could just download them off limewire? [looks innocent]

    20. Re:This is ridiculous by hackstraw · · Score: 1

      Or... if you still like the artists but hate the RIAA, buy the CD used. No more money goes back to the RIAA and you still have the CD.

      To take it one step further, then rip the CD, post the torrent, and then resell the CD!

      Honestly, this is just like the patent lawyer feigning to be a businessman. This crap has gotten so out of control that this is NOT about music, business or anything like that. This is a lawyer game, just like the SCO thing.

      If the companies that are sponsoring the RIAA actually believe that this is a means to increase their bottom line, then all of them must of dropped out of school and are just stupid business people to begin with.

      Unless it was not press worthy or I never paid attention before, I have never heard of the business via suing people business model until recent years.

      For some reason, I used to think it was wrong or whatever to dl music instead of paying for it, but I have changed my mind. These people simply do not offer products that people want anymore. MP3s are almost a decade old to the average user, yet its practically illegal to use your MP3 player. iTunes, and a few other places online offer MP3s, but you cannot buy them in a store. A healthy business model would have started shipping all new CDs with either 2 layers or on 2 disks where one has the standard CD format, and the other would have MP3s in different bitrates already encoded.

      What other commodity item that you buy do you have to go home and waste your time rearranging the content so that it will work on something as ubiquitous as a CD and an iPod? Well, maybe uncooked food is that way, but when cassette decks came out, the record biz immediately started selling cassettes. When CDs came out, the record biz immediately started selling CDs. When DVDs came out, VHS, 8-tracks, you name it, the people were willing to simply sell you content for the new and better technology. I mean, shit, even worthless formats like the recently dead Sony UDF or whatever had content for a while until everybody realized it was shit.

      In 2006, still no MP3s.

      Now, they say, fuck you, I'll just sue you into buying our 30 year old technology, and you'll like it.

      My response: fuck you back.

    21. Re:This is ridiculous by Peyna · · Score: 1

      First sale rule stops this. It's not copying. Once you buy something, in the United States, you can pretty much do whatever you want with it (except make a derivative work or copy it or anything else their license or copyright law prohibits).

      --
      What?
    22. Re:This is ridiculous by InsertCleverUsername · · Score: 1

      Hereare a few suggestions regarding what you can do if you don't want to support the RIAA:
      1- Use the tools at RIAA Radar: http://www.magnetbox.com/riaa/ to avoid buying RIAA artists' work.
      2- Borrow music from your local library (they often have a surprisingly good, though not up-to-date, collection).
      3- Buy your music at concerts, where the artist gets most of the money instead of a handful of RIAA executives and all the pointless middlemen.
      4- Put in the extra work to find free music on the Net in the form of free downloads and Creative Commons licensed tracks. (Music blogs and the Internet Archive (http://www.archive.org/details/audio) are good sources.

      --
      Ask me about my sig!
    23. Re:This is ridiculous by nanojath · · Score: 1

      And then rip it to your HD and then sell it back. Don't slow down the circulation of informational currency. Personally I don't think it's even illegal, though you could argue the point (it is to my knowledge nowhere codified in law that you must destroy copies of information that you have legally created from media you own, and I think ripping a CD you own to your HD is certainly legal.

      --

      It Is the Nature of Information to Transgress Artificial Boundaries

    24. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Or... if you still like the artists but hate the RIAA, buy the CD used. No more money goes back to the RIAA and you still have the CD.

      Except that you deplete the copies available on the used market, which may cause someone else who wants it, but would buy it used if they could, to buy a new copy.

      I think your choices are: support the RIAA, pirate it or don't get it.

      Personally, my preference is to buy it on allofmp3.com (which differs from piracy only in the details) and then try to send a couple of bucks to the artist directly. I get the music cheaply and conveniently, the artist gets paid and the RIAA gets nothing. Also, some semi-mafioso in Russia makes some money, but you can't have everything.

    25. Re:This is ridiculous by itscolduphere · · Score: 1

      Yes, technically that is true, but reducing the supply of used albums increases the demand for new albums. The person who will buy it new or used goes to buy it, doesn't find the used album because you bought it, and buys the new one instead.

      Unless, of course, you buy it used, rip it, then sell it used the next day.

      It's a little more expensive than p2p, and a little more of a pain...but your chances of getting caught (and sued) are absolutely zero unless the RIAA convinces the government to give them permission for random forcible entries, searches, and seizures. Not impossible, given the way things are going...but still unlikely.

      And while the RIAA may have gotten money from the original sale, that's cold comfort when ten or twenty people are actually getting copies of the album...untraceably. It's p2p meets sneakernet. Plus you get the albums you want in the format/quality you want (MP3, OGG, FLAC, whatever)...so better than p2p in many ways.

    26. Re:This is ridiculous by Karzz1 · · Score: 1

      You could start with the RIAA

      Or, did you mean the bands that were represented by RIAA members? I could not find a list for that -- perhaps someone else may have a link for you.

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    27. Re:This is ridiculous by mag46 · · Score: 0

      I agree with you; I think I've only bought 1 CD from a major label in the last few years (the Firefly soundtrack, and technically that was a gift), and instead usually get independent stuff. The problem is, if you keep buying it, you're supporting the RIAA, but if you stop buying stuff, their sales drop, which only "proves" (in their minds) that people are buying less because they're downloading more. So you either support them financially, or strengthen their case (regardless of whether or not you're actually downloading.)

    28. Re:This is ridiculous by Minwee · · Score: 1
      "Any red blodded consumer is going to buy the cheaper one."

      Are you suggesting that green blooded Vulcans would buy the more expensive CD? How is that logical?

    29. Re:This is ridiculous by SoulRider · · Score: 1

      I agree, why would you buy something that could potentially get you sued or worse? Has everyone gotten so stupid that they dont realize this? I dont rob banks because I dont want to go to jail, I also dont buy RIAA music because I dont want to get sued. The risk is just too high.

    30. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Unless, of course, you buy it used, rip it, then sell it used the next day.

      It's a little more expensive than p2p, and a little more of a pain...but your chances of getting caught (and sued) are absolutely zero unless the RIAA convinces the government to give them permission for random forcible entries, searches, and seizures. Not impossible, given the way things are going...but still unlikely.


      Another option is the borrow it from the library, and then rip it. Technically, your tax dollars payed for those albums so you kinda own it :)

      Of course you need a library that has a good music selection, but some of the more well-funded ones do.

    31. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Truecrypt

      Go ahead, seize my computer...

    32. Re:This is ridiculous by kickedfortrolling · · Score: 1

      hmm.. i wonder what rights you'd have if your isp gave up information like that. RIAA are certainly not the police. If it were me i'd make sure my lawsuit with the ISP more than covered the RIAA's demands

      --
      --AlexC
      Just because I dont agree with climate change doesnt make me a troll
    33. Re:This is ridiculous by Lord_Dweomer · · Score: 1
      "Only way you can prove it is to go to court, at which time the court will order your computer seized to be scoured for evidence, "

      Here's a question I'm hoping someone with a legal background can answer...

      Lets hypothetically say that you were positive you did not download the song they were dragging you to court for. And you wanted to fight it.

      If the court seized your computer and you have...oh...lets say around 200GB worth of illegally copied music, movies and software...would you be busted for it? Or can they just bust you for the items listed in the lawsuit? Also, if the RIAA found out you had all of that in court, could they then come back and sue you for that content even though the initial legal action wasn't for any of those other files?

      --
      Buy Steampunk Clothing Online!
    34. Re:This is ridiculous by bugbiteme · · Score: 2, Interesting

      It just seems obvious to me how these lawsuits couldn't hold up. When I turn on my laptop in just about any neighborhood, I can always find a handful of unsecured wireless networks. What's to stop me from getting on one of these and use a p2p client? I think this is how poor old Grandmas get busted by the RIAA for downloading the new Masta P album.

      OK, I guess if they seize my computer and find the stuff, they got a case, otherwise no.

    35. Re:This is ridiculous by Anonymous Coward · · Score: 0

      Most warrants are fairly blanket, meaning they'd cover something to the effect "any digital files contained within said computer." It'd be more robust than that, of course, but I'm paraphrasing for effect. With most DA's, it would be easy to get a fairly generic warrant since it would be a computer crime, especially if they're susceptible to outside media pressure (no pun intended).

      Even if they did find something that wasn't listed in the warrant, they could always go back and reissue a new warrant and a new trial, most likely while they still have your computer siezed. But like I said, most warrants of a computer crime nature cover just about anything and everything which could read, store, or otherwise process or contain any form of digital file. Heck, I've even heard of police taking video game CDs when it was well known that they wouldn't contain anything relevant to the case. They could do so simply because they had such a blanket-type warrant.

    36. Re:This is ridiculous by quarterbrain · · Score: 2, Interesting

      You're forgetting 4 very important letters:

      DMCA

      All the RIAA has to do is send a letter to your ISP saying that they believe you have infringed on their copyrights, and they must comply with their requests for your information as per DMCA. To do otherwise could financially damage your ISP, as they would have no legal leg to stand on if they refuse, and could also be held liable for your alleged P2P misdeeds.

    37. Re:This is ridiculous by kickedfortrolling · · Score: 1

      Wow.. i didnt know that.. thats quite scary actually

      that sounds alot like letting people take the law into their own hands tho'. what do i have to have done/made to get similar rights to personal info about people?

      --
      --AlexC
      Just because I dont agree with climate change doesnt make me a troll
    38. Re:This is ridiculous by Anonymous Coward · · Score: 0

      uh, are you clear on exactly what the RIAA is? it's not a label, it's the club they all belong to. my daughter's boyfriend's band burns and sells cd's of their stuff that's not associated with the RIAA. lots of bar bands do the same. anything remotely close to the commercial current is going to be released by someone who's a member of the RIAA

    39. Re:This is ridiculous by quarterbrain · · Score: 1

      That's why the word extortion keeps popping up. All RIAA has to do is level an accusation, and basically you can either pay out your ass in court, or pay a few grand to avoid the whole ordeal - guilt doesn't even factor in.

      All you need to enjoy the same priviledges is some copyrighted material, a freaking army of lawyers, and millions of dollars at your disposal!

    40. Re:This is ridiculous by codegen · · Score: 2, Funny
      All the RIAA needs is for someone to tell them (maybe your own ISP, erroneously) that your IP address was associated with an illegal music download.

      Maybe it would be interesting to either report the IP address of an executive of RIA or spoof the ip address. See how long it takes them to figure out they are suing themselves

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
  6. Well college students pirate more often so by Shnizzzle · · Score: 5, Funny

    clearly, if the person is no longer a college student, he/she will be less likely to pirate music. Brillant.

    1. Re:Well college students pirate more often so by KnightTristan · · Score: 1

      Well, I guess that's actually true ... because college students tend to have less money that the working people.

    2. Re:Well college students pirate more often so by Lumpy · · Score: 1

      Why yes!

      College Education = lawless ness.

      The more college education you havethe more lawless you are.

      PHD's therefore are the Worst of society and need to be burned alive!

      Where's an angry mob when you need one.

      Anyone know what the education level of RIAA employees is? or should we start at the law-schools first?

      Ideas?

      --
      Do not look at laser with remaining good eye.
  7. Outrageous! by Anonymous Coward · · Score: 0

    Greedy mofos want to ruin someone's life over a few bucks?

    Oh wait... this is America - we advertise cigarettes to children... never mind.

  8. i've got suggestion for colleges by thedletterman · · Score: 0, Flamebait

    block out the RIAA.

    --
    Any fool can criticise, condemn, and complain, and most fools do. - Benjamin Franklin
  9. thats nice by tont0r · · Score: 1

    Even the IRS has been known to setup payment plans for people who dont pay all of their taxes. Its pathetic that the recording industry has basically suggested to someone to give up one of the most important opportunities of their life in order to pay them.

    1. Re:thats nice by gonk · · Score: 2, Insightful

      She made a choice. Choices can have a lasting impact on life.

      robert

    2. Re:thats nice by Anonymous Coward · · Score: 0

      You make choices in your life - some expand opportunities, others constrict them. While I don't agree in the slightest with what the RIAA is doing or the way copyrights in general are being handled, they have the law on their side at this time.

      So if you make the choice to pirate music, theres a small chance that you will be incurring large finacial obligations which may - as I said above - constrict your opportunities in life. Including getting a high end college education. It's not a right, it's an opportunity. Your choices in life make it possible - or not.

    3. Re:thats nice by MindStalker · · Score: 1

      Well they did "offer" a payment plan, one that would have the entire balance paid in a year. Most college students can't afford to drop 3K in a year. Its possible that you could settle and it would then be sent to a collection agency whom you can set a more reasonable payment plan with. But its also possible that they will file further legal threats if you don't pay on time. Anyone here had any experience with them??

    4. Re:thats nice by two.oh · · Score: 1

      In all fairness, anyone that downloads music illegally will have the belief "it wouldn't ever happen to me". The RIAA needs to make an example of extreme cases that puts fear into the other illegal uses of p2p. If she didn't want to get caught, she shouldn't have downloaded illegally, and that makes sense since in the end, it is the law. I feel bad for the student, and I don't support these extreme cases, but if anyone is going to download music illegally, they have to be willing to accept the penalties.

    5. Re:thats nice by stlhawkeye · · Score: 1

      There's another option. Fork over the $15 for the goddam CD in the first place and avoid the entire mess.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    6. Re:thats nice by EzInKy · · Score: 1


      She made a choice. Choices can have a lasting impact on life.


      The Record Industry made a choice. Choices can have life ending impacts also.

      --
      Time is what keeps everything from happening all at once.
  10. Okay... by eln · · Score: 5, Insightful

    The RIAA is suggesting she may want to drop out of college to pay the settlement IF she agrees to it, because she was complaining that she couldn't afford it. It seems like they're doing what most bill collectors do, which is suggesting you get rid of pretty much every unnecessary expense you have in order to pay them. Of course, what they consider unnecessary may not be the same as what you consider unnecessary.

    To agree to the settlement is basically to agree that you wronged them in some way, and should pay them. Once you've agreed to that, how you actually pay the settlement isn't their problem. They may make suggestions, some of which you might find distasteful or even absurd, but the bottom line is they don't care how you pay a settlement you agreed to, so long as you pay it.

    1. Re:Okay... by farker+haiku · · Score: 0

      They may make suggestions, some of which you might find distasteful or even absurd, but the bottom line is they don't care how you pay a settlement you agreed to, so long as you pay it.

      Except that she hadn't agreed to the settlement.

      --
      Your sig(k) has been stolen. There is a puff of smoke!
    2. Re:Okay... by eln · · Score: 1

      Except that she hadn't agreed to the settlement.

      Which I addressed in the first sentence of my post. The RIAA representative was speaking hypothetically, as was I. The RIAA rep is not suggesting she drop out of school now. The poster stated that she couldn't agree to that settlement amount because she couldn't afford it, and the RIAA rep offered suggestions as to how she might be able to afford it in the event that she took the settlement.

    3. Re:Okay... by Scarletdown · · Score: 1
      the bottom line is they don't care how you pay a settlement you agreed to, so long as you pay it.


      Does anyone else think that sounds like a quote from something like Organized Crime for Dummies?

      --
      This space unintentionally left blank.
  11. Common sense by Acid-Duck · · Score: 0

    I'm no lawyer, but anyone with common sense (and one who sits infront of a judge hopes the judge will have some, if any) would realize that dropping out of college is a non-logical choice. It will diminuish your chances of having a safe financial future, which makes you even less likely to be able to pay that fine. Having students dropping out of college or switching over to community college should NOT be considered as a valid option.

    1. Re:Common sense by HTL2001 · · Score: 1

      also, common sense would have it that she would not have gone out and bought all this music that would have left her with not enough money to pay for college... so its not realy a lost sale then...

      --
      By reading this, you have given me brief control of your mind.
    2. Re:Common sense by Acid-Duck · · Score: 1

      She didn't go out and buy any of the music, which is why she's now paying a settlement since she got caught for copyright infrigment. You were obviously half a-sleep when you read the article.

      Erik

    3. Re:Common sense by stlhawkeye · · Score: 2, Insightful
      I'm no lawyer, but anyone with common sense (and one who sits infront of a judge hopes the judge will have some, if any) would realize that dropping out of college is a non-logical choice.

      You would be surprised and a little outraged to know how arbitrary a judge's decision can be, as well as damage awards. Especially in the second tier courts. Whether or not you have to drop out of college is your own choice. If you have been tried by a court of this land and found guilty, you may be liable for damages, and in that case, you must pay them. That's how the law works. That you might have to sacrifice something very important to you is your own problem, and you should have thought of that before you broke the law. That's theory, anyway. In practice, it's hard to justify abandoning an Ivy-league education because you illegally copied some CDs, I agree. TFA says, "The Recording Industry of America would rather see America's youth deprived of higher education, forever marring their ability to contribute personally and financially to society -- including the arts -- so that they may crucify us as examples to our peers." No, they'd rather have you not pirating their shit in the first place. If you've done no wrong, don't settle. If you have done wrong, what are you bitching about?

      It will diminuish your chances of having a safe financial future, which makes you even less likely to be able to pay that fine. Having students dropping out of college or switching over to community college should NOT be considered as a valid option.

      But it is a valid option. It's a crappy one, but if you broke the law and don't think you can get out of it in court, then this is called a consequence. I know consequences are all but unknown in the current crop of college students, but they do occur. I agree with the general sentiment here this is shitty and that the RIAA is utterly unsympathetic and over the top, but at the root of all of this are individual people who made the decision to engage in illegal activity. They got caught and now they have to pay the piper. As much as I think the RIAA is being a bag of dicks about this, I have little sympathy for the people who put themselves in this situation.

      It's a tough issue. I despise the RIAA and the insanely stupid and short-sighted approach they take to their business, but I still can't get past the fact that we're rising up to defend people who unquestionable and admittedly and knowingly broke a law and are now pissed that there are consequences for it. Sorry. Zero sympathy.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    4. Re:Common sense by Garse+Janacek · · Score: 1
      if you broke the law and don't think you can get out of it in court, then this is called a consequence.

      Others have already pointed out that even if you're innocent you won't necessarily be able to get out of the consequences of an attack by the RIAA. I'm more concerned because the consequences here are completely disproportionate to the offense.

      There have been societies where the theft of something of relatively small value would be enough to lose the thief one of their hands, or even get them hanged. Being hanged would in that case be a consequence of someone's behavior -- but most of us believe that in a just society the severity of the punishment should be appropriate to the offense, and we no longer believe the death penalty is appropriate in those cases (or perhaps at all, but that's another flame war).

      That's the problem with how these cases are being handled: Yes, if you're lucky enough to be one of the people who actually did commit the crime you're accused of, then the results are consequences of your actions. But the consequences demanded by the RIAA are drastically disproportionate to those actions. That's (one of the reasons) why, even though a lot of these people did break the law, they're still getting a lot of popular sympathy, even from people (like me) who disapprove of their actions...

      --

      I am the man with no sig!

    5. Re:Common sense by atari8 · · Score: 1
      It's a tough issue. I despise the RIAA and the insanely stupid and short-sighted approach they take to their business, but I still can't get past the fact that we're rising up to defend people who unquestionable and admittedly and knowingly broke a law and are now pissed that there are consequences for it. Sorry. Zero sympathy.

      How about some sympathy for people who are justly found to have broken the law (or in this case, justly accused), but unjustly punished? In this situation, accused copyright-violators have the choice of either settling for more than they (and I) think they ought to have to pay, or going to court where they would have to pay even more for defense counsel than the settlement.

      Even if we assume that all of these people are lawbreakers (and the author of TFA essentially admits he is), that makes having consequences befall him just, but it doesn't necessarily make these consequences just.

    6. Re:Common sense by Wes+Janson · · Score: 1

      I agree with the general sentiment here this is shitty and that the RIAA is utterly unsympathetic and over the top, but at the root of all of this are individual people who made the decision to engage in illegal activity. They got caught and now they have to pay the piper.

      You're still not getting it. Yes, we're angry about the **AA's actions. But the real heart of this issue isn't the fact that the **AA's extortion tactics are immoral (although they are). It's the fact that the law itself is immoral as it stands, if a person can stand to be ordered by the government to pay a fine of millions of dollars for a product worth $20. It's the fact that the law itself is broken, and the people responsible for it's immoral state are using it for their own profit.

      The debate over whether copying music should be a crime or not will undoubtedly continue. But what shouldn't be up for debate are the consequences of such actions. The whole concept of justice is that the punishment fits the crime, and it's wildly clear in this case that the law as it stands is as far removed from that ideal as possible. And the only ones offering an alternate route are using their position to commit extortion.

      What you're missing is the fact that no matter how guilty or not guilty the defendants may be, their punishment cannot possibly be considered, by a reasonable person, to be appropriate.

    7. Re:Common sense by Acid-Duck · · Score: 1

      There are lots of different laws and some are just meant to be broken, ie: downloading MP3s.

      or how about how the fact it's common practice in I'm sure more then 50% to always drive the posted speed-limit +10km/h as a minimum, or how about smoking weed. Should you have a criminal record because you smoked weed? There are alot of questionable laws out there.

      Erik

  12. slashdotted already... by ToxikFetus · · Score: 5, Funny

    She might have to drop out of school just to pay for the webhosting bill...

    1. Re:slashdotted already... by Chrax · · Score: 1

      It's an article in the MIT paper, so it's being hosted on MITs servers.

    2. Re:slashdotted already... by goofyheadedpunk · · Score: 1

      Oh Chris, sometimes you can be one humorless bastard. Silly you.

      --

      What if the entire Universe were a chrooted environment with everything symlinked from the host?
    3. Re:slashdotted already... by Chrax · · Score: 1

      I thought perhaps it was trying to be funny. Alas.

  13. They're good fellas at the RIAA by Anonymous Coward · · Score: 0

    That's the way it is with a wiseguy partner.
    He gets his money no matter what.
    You got no business? Fuck you, pay me.
    You had a fire? Fuck you, pay me.
    The place got hit by lightning and World War Three started in the lounge? Fuck you, pay me

  14. Why pay at all? by edfardos · · Score: 1
    Why pay at all? If somebody defrauds me, I sue them, prove my case and get a judgement against that person. There is absolutely no compelling reason for that person to pay the judgement. The only way I could get any money is to sell the judgement to a collections company for less than 10 cents on the dollar. Just be cause you sue somebody and win does not mean the government will make that person pay -- quite the contrary.

    edfardos

    1. Re:Why pay at all? by Red+Flayer · · Score: 2, Insightful

      Because outstanding judgments can be listed on your credit reports. Since so many employers are now checking credit reports, probably not a good idea even if you don't care about your ability to get credit. Never mind whether you eventually want to get a mortgage or buy a car... even if you are issued credit, you'll pay for it many times over via an increased interest rate.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:Why pay at all? by eln · · Score: 1

      If you sue someone and win, and get a judgement against them, that allows you to, among other things, have the courts garnish the defendant's wages to recover the judgement. I know this because in my wild and misspent youth I was sued by someone (in small claims court, no less) and they were able to get a garnishment on my wages to pay the amount.

      Of course, if the defendant is a bum with no income, you're pretty much screwed. This is why when people get run over in a Wal Mart parking lot by a drunk with no insurance (for example), they sue Wal Mart.

    3. Re:Why pay at all? by cbirkett · · Score: 1

      So what did you do? :)

      --
      "My fellow Americans, these are not the droids the nation is looking for."
    4. Re:Why pay at all? by jim_redwagon · · Score: 1

      Yes, piracy is illegal, but when caught and fined, isn't the American way to declare bankruptcy when you have too much debt? A bad credit ding is only on your record for 7 years. I think this could instill a sliding scale of when to chance pirating.

      Year --- % Piracy --- Logic

      Freshman --- 95% --- 4 yrs undergrad + 2 yrs. grad, nearly clean credit score

      Sophomore --- 75% --- 3 yrs undergrad + 2 yrs. grad, explainable negative action

      Junior --- 50% ---- 2 yrs undergrad + 2 yrs. grad, still old enough to not to be fatal, plus, you can get into more bars and record more music in person.

      Senior --- 5% --- 1 yrs undergrad + 2 yrs. grad, you TA in most classes, get songs you want from Freshman, only pirate when needing to impress women with your hip music collection

      I can say that I used P2P for music minimally back in the early 00's, but also have purchased only a handful of new CD since VERY early 90's. Stuck in a timewarp maybe, but have found plenty of legal ways to get/listen to the music I like. Click here for my shameless plug of Nugs.net

      Please know that I think that declaring bankruptcy is a shameful way to skirt out of your responsibilities, I offer the above only in humor.

      --
      I forgot what I wanted to say, but honestly, it was important.
    5. Re:Why pay at all? by Red+Flayer · · Score: 1

      Unpaid judgments are not cleared from credit reports AFAIK. Bankruptcy is a different matter, and seven years is a very long time. Not only that, but bankruptcy courts are not likely to allow the filing for a debt of $7500 -- almost anyone can pay that off (theoretically).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  15. Ah, I KNEW the RIAA had the best interests of the by drhamad · · Score: 1

    Ah, I KNEW the RIAA had the best interests of the public at heart! I'm glad they're so forward thinking, realizing what's truly important in the world! It makes me all warm and fuzzy inside!

    --
    -Daniel
  16. Public Relations Nightmare by jokerr · · Score: 1

    I'd hate to be the PR coorespondent for the RIAA after this one gets out on the 6:00 news! "Yes we recommend that students drop out to pay us an over abuntant amount for songs illegally downloaded. What's that? You have a problem with us sueing for $750 a song when you can by it from iTunes for a $1.00? Expect a letter from our lawyers *evil grin here*."

    1. Re:Public Relations Nightmare by digitalamish · · Score: 1

      Are you kidding? There's a river in Africa that comes to mind: De-Nile. Who are the public going to believe? A poor company like the RIAA just trying to save it's business, or a maniacle, evil, kitten-drowning pirate?

      Since it was all done over the phone, unless it was recorded they will deny everything. And if it was recorded, they will probably sue her for that.

  17. She Ought To Be Able to Return the "Property" by BoRegardless · · Score: 1

    If she did not redistribute the intellectual property, she ought to just be able to return/destroy it and that is the end of it.

    Obviously my opinion, and obviously not RIAA or Record Label's opinion, but do they really gain over the next 20 years by doing this?

    Think not!

    1. Re:She Ought To Be Able to Return the "Property" by raitchison · · Score: 1

      Not sure but last time I checked the RIAA was still only tarketing people who were sharing a largem amount of files, likely because these people are much easier to pursue than someone who simply downloads a file but does not share it out.

      If that's what happend in this case (didn't RTFA as it's slashdotted) then she did technically redistribute it, even if it was done without any explicit action on her point (such as sharing her D/L folder through whatever P2P app she was using)

      Of course the laws that the RIAA has paid for mean she would be loable regardless of whether she redistributed the content or not.

  18. do the crime pay the fine? by Anonymous Coward · · Score: 0

    am i to understand that this person downloaded music off the internet
    and is now complaining of the results?

    heh, that is what you get for downloading that crap.

  19. Knee-jerk reaction? by erroneus · · Score: 1

    On one hand that looks pretty bad that the RIAA would suggest such a thing. On the other, it's all just business right?

    The person accused has given up their right to defend herself in court and in doing so has all but admitted to 'wrong doing.' This is pretty much what they deserve. They OWE that money once they enter into a settlement agreement. The fact that they are making any suggestion at all is irrelevant. It does, however, serve to make them seem all the more dark and evil.

    She would have been better off getting a jury trial I think...

    1. Re:Knee-jerk reaction? by Xzzy · · Score: 1

      If you RTFA, you'd note she hasn't actually agreed to settle yet.

    2. Re:Knee-jerk reaction? by erroneus · · Score: 1

      Oops... I was just reading it.

    3. Re:Knee-jerk reaction? by plague3106 · · Score: 1

      The person accused has given up their right to defend herself in court and in doing so has all but admitted to 'wrong doing.'

      I don't think so. Just because you don't have the money to fight something and thus choose to settle does not mean you admit wrong doing. Even in a criminal case, you have the option of pleading no contest; you'll accept the punishment but are not admitting guilt.

    4. Re:Knee-jerk reaction? by Xugumad · · Score: 1

      I agree - doing something wrong (copying copyright material without the copyright owner's permission) will have consequences, and these will be unpleasant. It's maybe a little dumb of the RIAA, as in this case they get their money maybe a little earlier, and a bunch of negative publicity with it, but it's not wrong.

      Now, product pricing, DRM with everything, wanting you to buy the same song more than once (different media), that's evil...

  20. Suck it up by T1mb0 · · Score: 0, Troll

    Don't do the crime if you can't do the time (or pay the fine!). I bet you all think she's a victim.

    1. Re:Suck it up by Temsi · · Score: 1

      Don't be a boob. Nobody here is saying she's a victim.
      We're saying, let the punishment fit the crime.
      She's not exactly a hardened criminal.

      She downloaded a song for Pete's sake, it's not like she was abusing children.
      Dropping out of college to pay what is essentially an extortion tactic, is stupid, and it's outrageous of RIAA to even suggest it.
      Do they want her to be a paying customer in the future? If yes, then they shouldn't suggest she limit her income potential in order to pay their extortion fees. In fact, their best option would be to suggest a payment plan she can handle, or even postpone payment until she graduates. Keeping her income potential high makes her a lot more likely to be a customer in the future (although I personally wouldn't dream of doing business with anyone who treats me the way RIAA is treating her).

      This is called being temporally challenged in business. They're only thinking of the short term profit, not the long term effect. Any seasoned professional worth his/her salt will tell you that it's better to keep the customer happy than the profit margin high (i.e. one sale/check may make you some money right now, but a happy customer will make you lots more money in the future by buying often).

      Most people who download are downloading something they never would have paid for in the first place. I've downloaded many a song, and gotten copies from friends. If I didn't have that option I simply wouldn't have those songs. Ergo, the artist and the copyright holders didn't lose my sale, but I did get to enjoy their work without compensating them for it. Is it fair? No, but neither is what the RIAA is suggesting here.

      I'm not going to drop $12-$25 on a CD. Not even for a song I like. That's right, "A" song. For the longest time, most CDs have had one or two good songs, and the rest was filler. That's changing now. You know why? Because of legal downloading. Once artists and producers realized that each song had to sell individually, the filler crap started going away. That's a very good thing, as it eventually will mean nobody will ever have to hear Ashlee Simpson again.

      Yet again, RIAA demonstrates what we already knew: they just don't get it.

      As someone said, I'd hate to be on their PR team on this one.

      Again, she's not a victim, but we won't see her face on the wall at the post office any time soon either - provided she stays in college...

      As I said. Let the punishment fit the crime. $1100 per song is simply moronic and has no basis in reality, which is why I say this is extortion. If they want her money, sue her and get a jury to decide. Until then, they can bugger off.

      --
      -- This sig for rent.
    2. Re:Suck it up by muuh-gnu · · Score: 1

      > I bet you all think she's a victim.

      She _IS_ a victim. She may have done something not legal at this time, but she hasn't done anything wrong or something what would hurt anybody. Copying is something pretty natural, and I would bet that almost all of her colleagues do it also. Enforced prohibition has never worked, under any circumstances, and it wont work here. Nobody will stop engaging in a natural activity like copying data just because it's "illegal" (And only so, for somebody else to be able to make money on this "illegality".) She just happened to have a bad luck getting caught and prosecuted under an unfair, unnatural and unjust law.

      Hat this happened some 1000 years ago, she kinda would be eligible for becomming a martyr.

    3. Re:Suck it up by ddcurri · · Score: 1

      Fair is that people that create intellectual property should be compensated for it -- and it happens to be the law. That applies to computer programs as well as music and movies. That the "poor" MIT student was told to quit school is a red herring. One's right to appropriate someone's property without compensation is no greater because they can't afford it. DC

    4. Re:Suck it up by Temsi · · Score: 1

      I'm sorry, but that's just fundamental BS.
      Nothing is as black and white as you're claiming it is.

      Besides, you seem to have missed the part where I said "is it fair? No".
      I never said downloading without compensation was fair to the artist or the copyright holder.
      However, I did make the point that they're not as big a victim in this as they claim to be. If you never intended to buy their stuff anyway, how exactly did they LOSE money when you made a copy for personal use?
      Again, let me repeat this for those who only seem to skim messages:
      How can you LOSE money you never earned and never would have earned?
      When I download music, I don't think of it as stealing, because I either A) never would have paid for it legitimately anyway, even if that was my only option of getting it, and B) I've already paid for it in some form, either as a CD or as a "protected" online purchase and I wanted to move it to my cell phone, which plays plain mp3's, but no DRM'd crap. In either case, the artist did not lose money, and was not cheated out of money I otherwise would have paid... because I wouldn't have.

      How the RIAA can come to the conclusion that a song is worth $1100 when they sell it for $0.99 online is beyond me. Even if they were to estimate that 1112 people had downloaded it from whomever they're attacking at the time, can they prove that number? More to the point, can they prove that none of those 1112 were like me, people with no intention of paying for it in the first place?

      My point is, how can you specify damages when you can't even prove you've been hurt?

      --
      -- This sig for rent.
    5. Re:Suck it up by ddcurri · · Score: 1

      The fundamental BS part is ... what?

      I don't disagree that their number is high. I'm not defending it. It is nothing more than a negotiation opener. If a person facing such a claim doesn't like it, don't pay it and wait for them to make the next move. You can do the same thing with the IRS if you're so inclined.

      But the notion that ... if at some point in time you hadn't or wouldn't form an intention to purchase something but later on you steal it ... doesn't mean that they haven't suffered a commercial loss. The burden is on them to prove it. But lost business opportunity is a head of damage that is well-established in the law. Using their property in a manner that is inconsistent with their ownership interest is stealing, despite what your home-spun definition suggests.

      That they have a commercial loss and the value of the loss are two distinct issues. Both must be proved.

      DC

    6. Re:Suck it up by Temsi · · Score: 1

      The fundamental part: "it happens to be the law."

      Anything that ignores circumstances and/or exculpatory evidence, is fundamentalist thinking, and it never gets us anywhere.

      You did have a good point though, when you said "Both must be proved."

      This is exactly why the extortion tactics of the RIAA are so absurd. They haven't been able to prove anything. They haven't even demonstrated a loss. They have not demonstrated or provided evidence for ANY of the damages they claim to have incurred, and thus the $1100 figure they're demanding per song seems rather O'Reilly like (as in, pulled from one's ass).

      --
      -- This sig for rent.
    7. Re:Suck it up by ddcurri · · Score: 1

      Since we've started communicating I've been doing more reading on this issue. While I stick with my "fundamentalist" thinking about the law (never been called that before ;-) I've got to agree that the RIAA's tactics are heavy-handed to say the least. There seems to have been a backlash growing against the RIAA. I wonder when it will achieve critical mass and have some positive effect. Cheers, DC

    8. Re:Suck it up by Temsi · · Score: 1

      When laws no longer make sense, they need to be changed.
      When we look only at the letter of the law and not the intent of the law, or at each particular case or at the people involved, the way we look needs to be changed.

      Copyright as we know it is dead. DRM is the dying gasp of the greedy beast it created. Instead of adapting, the beast is flailing about, desperately trying to force consumers to adhere to a business model that no longer works the way it once did, and is only getting worse.

      Art survived for millenia without copyright, and it will continue to survive without it.
      The original intent of copyrights and patents is long since gone.
      Remember, it was supposed to encourage further creation of art, allowing the artist to make a living while creating more art.
      How is it exactly that extending the copyright of Mickey Mouse and Donald Duck another 70 years is going to "encourage" Disney to create more art? The Walt Disney Co. hasn't created original art since Walt died. The only thing it encourages, is sales of Disney shares.

      The way the laws are set up today, if you're a songwriter, you can have one huge hit and retire (Dolly Parton made $9 million when Whitney Houston released "I will always love you"). If you can have one hit and retire, where's the encouragement part?

      One of many problems I have with the RIAA is that they claim to have the artists' interest at heart, while in reality, it's the bottom line of the giant corporations it represents. They couldn't give two shits about the artists. They're just tools to make money. Who makes more off CD sales, the artist or the Record label? Right... follow the money.

      Sorry... didn't mean to go off on a rant here...

      But seriously... record labels need to adapt or die... not sue their customers (or people who won't be their customers).

      --
      -- This sig for rent.
  21. Idea!!!! by mayhemt · · Score: 1

    1. patent the "system of tracking p2p illegal downloads & suing of internet users who download/does not download, et al" 2. Sue RIAA for patent infringement & take all the royalites & penalties they collected so far 3. ??? 4. Profit!!!

    1. Re:Idea!!!! by HTL2001 · · Score: 1

      ??? = win the case

      --
      By reading this, you have given me brief control of your mind.
  22. Unbelievable by Geldon · · Score: 5, Insightful

    I can't believe that the RIAA would stoop to such a level. The scariest part is that perfectly intelligent people believe that everyone who is sued by the RIAA deserves it and is guilty. I wish that there was some simple way to explain to a lay-person how knowing the IP address of someone downloading music doesn't mean much in linking to an actual person. People assume that an IP address is like a social security number, that always links to a single person and always to the same person. This fallacy is one of our biggest problems in infroming lay-people about what the RIAA is doing. Maybe this bit of info will help people to see how evil the RIAA actually is.

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

      Maybe you are right at some level, but I want to point that we all have broken the law here now and then. I don't know computer geek which haven't downloaded something from DC++ or eDonkey. What I question is *damages*, imployed by RIAA lawyers. They are completely wrong and that is judge's fault not to see that it is very doubtful that student has caused that enormous drop in income for RIAA.

      Judges should stop to allow RIAA play hard games here for creating fear atmosphere around file sharing. Because it is clearly abuse of legal system.

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

      With them suing 82 year old grandmas and little kids you are surprised??

      The xxAA Lawyers are a bunch of white collar thugs - plain and simple.

      I would hate to be in their vacinity when the karma for their actions comes full circle.

      The lowest depths of whatever place yours or any religion considers hell or it's equivalent is too good for these money grubing, souless, carion chasing low lifes.

      I say we take their water - now - while they are still alive, and pour it out on the sand in the mid-day sun. It is our way.

    3. Re:Unbelievable by Peyna · · Score: 1

      If you have a problem with statutory damages, you need to talk to Congress. I imagine if these cases did go to trial and the defendant had a decent lawyer, they could convince the judge to exercise their discretion and award a much lower award than asked for.

      You always ask for more in a lawsuit than actually think you get. That way you have room to negotiate.

      --
      What?
    4. Re:Unbelievable by Anonymous Coward · · Score: 0
      Explaining how an IP address doesn't link to a person is easy... just say that the IP address is like a parking space at a mall. My car may have been in the parking space at some point, and I might have been the one driving the car (or not) but just because something happened in that parking space does not automatically make it my fault.

      As with all analogies, it's not perfect, but it should get the discussion rolling.

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

      Well, in this case RIAA says they've got evidence of her infringing the copyrights of 272 different songs. If the RIAA opts for statutory damages (seems likely) they have a potential ceiling of $40.8 million. But it's more likely they'd get something in the range of $204,000 to $8.160 million. It is seems unlikely that the award would be any lower than the $204k figure, but the absolute minimum it could possibly be if RIAA won a court case against her would be $54,400. The law does not allow for a lower amount. And I seriously doubt that she could make the case for such a low number. The $204k amount is probably as low as the court will be able to go.

      So given that RIAA is willing to settle for a paltry $3,750, it is strongly in her own best interests to settle unless she didn't infringe at all.

      Naturally, if she hasn't got that much, then it doesn't matter how big the award is, as far as the RIAA is concerned. But it would hang over her, forcing her to try to discharge it in bankruptcy, or trying to pay it off for many years to come.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Unbelievable by jb.hl.com · · Score: 1

      If you're in a college or you're using broadband (I know my broadband ISP gives me an IP that only changes if I switch network cards or something) then IP addresses tend to point more reliably to a specific person. That and, if she agreed to the settlement, she's accepting guilt.

      Not that it makes the RIAAs methods or suggestions any less grotesque (charging people thousands of dollars for a song that they are perfectly willing to sell for $1 is wrong), but attack that rather than the methods they use.

      --
      By summer it was all gone...now shesmovedon. --
    7. Re:Unbelievable by cpt+kangarooski · · Score: 2, Insightful

      Meh. The greater problem is with the clients. The lawyers are just doing what they're directed to do, and it's not as though the organizations shouldn't be able to get representation.

      (Besides, from what I understand, there are relatively few lawyers involved anyway. It's regular employees or contractors who find infringers and offer canned settlements. It wouldn't usually get bumped up to a lawyer unless someone wouldn't settle.)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Unbelievable by OverlordQ · · Score: 2, Insightful

      Yea, but the incident happened at 4:35 PM, and your car was seen in that space at 4:35, since I assume the Parking Garage (ISP) has a camera (logs) which show that your car (computer) was parked in that spot (IP addy)

      --
      Your hair look like poop, Bob! - Wanker.
    9. Re:Unbelievable by Just+Some+Guy · · Score: 1
      I can't believe that the RIAA would stoop to such a level.

      I can't believe you're surprised. Understand this: these people are sociopaths. The definition, per Wikipedia:

      1. failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest
      2. deceitfulness, as indicated by repeated lying, use of aliases, or conning others for personal profit or pleasure
      3. impulsivity or failure to plan ahead
      4. irritability and aggressiveness, as indicated by repeated physical fights or assaults
      5. reckless disregard for safety of self or others
      6. consistent irresponsibility, as indicated by repeated failure to sustain steady work or honor financial obligations
      7. lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another

      Let's look at their behavior:

      1. RIAA members have been convicted of price fixing, collusion, and pretty much every RICO violation.
      2. "All copying is theft!" when we know that's blatantly false.
      3. Short-term business plans that are clearly unsustainable.
      4. Suing everyone in sight.
      5. Even when that person is an old grandmother without Internet access.
      6. Their member corporations notoriously rip off the actual artists.
      7. No explanation necessary.

      If the RIAA was a physical family, they'd all be in prison or under psychiatric lockdown. I'd never advocate physical violence, but if I were on the jury for someone tried for shooting an RIAA member, I think I'd vote "not guilty" on the grounds that no human was harmed. Yeah, I meant that. These aren't people. They are empty husks that know only hunger and lust.

      --
      Dewey, what part of this looks like authorities should be involved?
    10. Re:Unbelievable by AlterTick · · Score: 1
      If you're in a college or you're using broadband (I know my broadband ISP gives me an IP that only changes if I switch network cards or something) then IP addresses tend to point more reliably to a specific person.

      "tend to point more reliably" is a far cry from "always point reliably". Without hearing from the network admin at her school, we can't make any statement about the longevity of IP addresses. They may be fixed, assigned to mac addresses, or they might be assigned via DHCP with 1 hour leases. Speculating is utterly pointless.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    11. Re:Unbelievable by Anonymous Coward · · Score: 0

      You and I obviously ascribe different meanings to the word "intelligent."

    12. Re:Unbelievable by iivel · · Score: 1

      Unfortunatley the camera (logs) is sitting on the other side of a brick wall (firewalled NAT device), so you really didn't see a thing.

    13. Re:Unbelievable by Anonymous Coward · · Score: 0
      he scariest part is that perfectly intelligent people believe that everyone who is sued by the RIAA deserves it and is guilty.

      "Perfectly intelligent" people also believe that coercion, immoral by human nature, is somehow justified when voted upon.

    14. Re:Unbelievable by CapPicard · · Score: 0

      IP Addresses for the majority of Internet users are not static. They change every time a person connects. Even much of broadband subnets are dynamic. The RIAA would be extremely hard-pressed to prove that IP x.x.x.x was assigned to this person... ISPs aren't obligated to release their user connection records without a subpoena.

      Also, those same boobs seem to forget that the Internet is international. So, if the person making a song available for download isn't necessarily breaking their own country's laws. Something that is copyrighted in the U.S. isn't necessarily covered by copyright in another. If they are providing something that is publicly available in their own country but isn't freely available in the States, that person isn't violating U.S. federal law. They do not fall under U.S. federal jurisdiction. Only if that person violates their own country's copyright laws then can the U.S. legally prosecute. There's that item called sovereignty... At any rate, the RIAA are breaking quite a few laws themselves... exhortion among others. They are almost to the point where they can be prosecuted themselves under the RICO act (if they're not already).

    15. Re:Unbelievable by Gulthek · · Score: 1
      Unfortunatley the camera (logs) is sitting on the other side of a brick wall (firewalled NAT device), so you really didn't see a thing.
      Except that the Internet (where the crime is committed) is on the same side of the brick wall as the cameras. Oops!
    16. Re:Unbelievable by chanceH · · Score: 1

      If I was on a jury, and it was my decision, I'd _consider_ treble damages:

      (1 + 3) * .99 * 272 = 1077 dollars.

      and the fact that they asked for so much more than that to begin with would incline me to not award them antything for their legal representation. (assuming a judge would allow me to hear what the initial offer was).

    17. Re:Unbelievable by cpt+kangarooski · · Score: 1

      That's nice, but it would not be your choice.

      A jury can decide on the matter of whether or not there is liability. And if there is liability, they get to decide on the matter of how much to award. But if they are awarding damages, they only have a choice within a window. This window runs between $750 and $30,000 per work infringed. It can go up to $150,000 per work infringed if they find that the infringer acted intentionally. It can go down to $200 per work infringed if they find that the infringer didn't know and had no reason to know, that they were infringing. (Obviously the range could only be $200 - $30,000 or $750 to $150,000, since the findings for raising or lowering the range are mutually exclusive)

      A jury cannot go outside of this range. If they try, all that will happen is that they will be scolded by the judge, and the case will be tried again with a new jury. (This is because additur, which is when a judge increases an award because the jury decided too low, is not allowed in federal court)

      So you'd just end up wasting everyone's time and money, without otherwise accomplishing anything.

      Some sample jury instructions can be found here.

      Also, your math is wrong. You left out twelve cents.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:Unbelievable by Kjella · · Score: 1

      It is seems unlikely that the award would be any lower than the $204k figure, but the absolute minimum it could possibly be if RIAA won a court case against her would be $54,400. The law does not allow for a lower amount.

      And the approximate retail value is 272*0.99$ = 272$. To make it simple, around 1 CD worth of MP3s. The amount might make sense if you downloaded one song, so that it is possible to pursue small infringements, but the law was never meant to work this way. It's like stealing a bowl of candy and being hit with one charge of theft for each piece of candy. It may be technically correct, but it is nothing like justice. But I suppose that's the way they want it, facing absurd and unreasonable penalities the RIAA can offer "generous" settlement offers.

      --
      Live today, because you never know what tomorrow brings
    19. Re:Unbelievable by topical_surfactant · · Score: 1

      Nice. You shall be quoted.

  23. Damn Slashdoters by Anonymous Coward · · Score: 0

    Can't you keep your webserver overloading to yourselves?

  24. slashdotted by Anonymous Coward · · Score: 0
  25. Historical precedent the RIAA is looking at by $RANDOMLUSER · · Score: 1

    When Galileo was shown the instruments of torture and told to confess, he dropped to his knees and said, "Do with me as you will."

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  26. TFA by bwthomas · · Score: 4, Informative

    Run Over by the RIAA Don't Tap the Glass

    By Cassi Hunt

    Either since the day I visited my first aquarium or the day Goldie came into my family's life, our parents have told us not to tap the glass of the fish tank. It's cruel to Goldie -- I understand and respect that. I mean, heck, I am a vegetarian. But would we have many qualms over a little water perturbation if Goldie were, say, a bloodthirsty shark? I'd knock on that glass to the near-cracking point. And in that spirit, I decided to call up my new friend at the RIAA negotiation hotline again. (Hereafter I'll refer to her as Bowie, which means "yellow haired," as I'm pretty sure that's the case.)

    Last time I spoke with Bowie, the conversation was pretty much over after she named $3750 as the settlement amount. (I haven't actually agreed to settle yet.) So when I called her again, I asked -- again -- about how to negotiate that amount. I counted on the fact that self-important types wouldn't be inclined to remember a lowly pirate like me. Bowie didn't disappoint. She launched into her spiel about how the RIAA doesn't negotiate settlements. I told her that it was too much to ask for thousands of dollars from a college student who only makes just enough from term and summer employment to still come out a couple thousand in debt.

    Bowie replied that the RIAA was oh-so-kind enough to offer a six month repayment plan. At this point, I was beginning to speculate on Bowie's hair color, and decided to switch tactics. I concisely and calmly explained how the situation was ridiculous: they weren't offering a settlement, they were issuing an ultimatum! Let us screw you over gently now, or with chains and whips in court. Surely there must be some flexibility for individual cases.

    Well, she replied, they do make allowances if something like a medical emergency comes up. Now we're getting somewhere. "And who would I talk to about a situation like that, because I'd like to talk to them now."

    "Me," she replied. Ever feel like your nose has just been flattened by something large and solid? I mean, besides the doors at 77 Mass. Ave. "But you're not in a situation like that."

    Oh, but I am. The Institvte has left me with severe bouts of p-set-induced insomnia and a case of stuck-to-desk-itis that recurs two to three times in a semester, then again just before break. And my wallet certainly takes a hit for it.

    But as much as I tried to argue that I was in as unique a situation as someone with medical expenses, there was no getting through. Bowie even had the audacity to say, "In fact, the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements."

    Are. You. Shitting. Me.

    There you have it, fellow Techsters: proof of the fantastic levels of absurdity to which the RIAA attack has sunk. The Recording Industry of America would rather see America's youth deprived of higher education, forever marring their ability to contribute personally and financially to society -- including the arts -- so that they may crucify us as examples to our peers. To say nothing of wrecking our lives in the process. I finally understand what the RIAA meant when they told me "stealing music is not a victimless crime" -- the victims hang for all to see.

    Please, RIAA -- if any competent representative happens to enjoy flipping through The Tech -- please tell me Bowie is a moronic tool who can't help what the Superior Gray Coverage Golden Blonde hair dye does to her mental facilities. Please tell me you actually care about the futures of the age demographic that buys most of your music (http://www.riaa.com/news/marketingdata/pdf/2004co nsumerprofile.pdf). Your evil pirates are people too, people who enjoy music and almost always still purchase it legitimately. Each has an individual life and circumstances that deserve consideration, if not for the sake of empathy for your f

    1. Re:TFA by Flunitrazepam · · Score: 2, Funny

      I'll continue to stand behind the glass, tapping away, wondering which of us is on display.

      Isn't that a lyric from the new Nine Inch Nails album?

      --
      1) Your analysis is based on bad assumptions so your result is way off. 2) You're a sick bastard for fucking a horse.
  27. Just in case, article text by Geldon · · Score: 4, Informative

    Here's TFA (in case of an unlikely slashdotting):

    Run Over by the RIAA Don...t Tap the Glass
    By Cassi Hunt

    Either since the day I visited my first aquarium or the day Goldie came into my family's life, our parents have told us not to tap the glass of the fish tank. It's cruel to Goldie -- I understand and respect that. I mean, heck, I am a vegetarian. But would we have many qualms over a little water perturbation if Goldie were, say, a bloodthirsty shark? I'd knock on that glass to the near-cracking point. And in that spirit, I decided to call up my new friend at the RIAA negotiation hotline again. (Hereafter I'll refer to her as Bowie, which means "yellow haired," as I'm pretty sure that's the case.)

    Last time I spoke with Bowie, the conversation was pretty much over after she named $3750 as the settlement amount. (I haven't actually agreed to settle yet.) So when I called her again, I asked -- again -- about how to negotiate that amount. I counted on the fact that self-important types wouldn't be inclined to remember a lowly pirate like me. Bowie didn't disappoint. She launched into her spiel about how the RIAA doesn't negotiate settlements. I told her that it was too much to ask for thousands of dollars from a college student who only makes just enough from term and summer employment to still come out a couple thousand in debt.

    Bowie replied that the RIAA was oh-so-kind enough to offer a six month repayment plan. At this point, I was beginning to speculate on Bowie's hair color, and decided to switch tactics. I concisely and calmly explained how the situation was ridiculous: they weren't offering a settlement, they were issuing an ultimatum! Let us screw you over gently now, or with chains and whips in court. Surely there must be some flexibility for individual cases.

    Well, she replied, they do make allowances if something like a medical emergency comes up. Now we're getting somewhere. "And who would I talk to about a situation like that, because I'd like to talk to them now."

    "Me," she replied. Ever feel like your nose has just been flattened by something large and solid? I mean, besides the doors at 77 Mass. Ave. "But you're not in a situation like that."

    Oh, but I am. The Institvte has left me with severe bouts of p-set-induced insomnia and a case of stuck-to-desk-itis that recurs two to three times in a semester, then again just before break. And my wallet certainly takes a hit for it.

    But as much as I tried to argue that I was in as unique a situation as someone with medical expenses, there was no getting through. Bowie even had the audacity to say, "In fact, the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements."

    Are. You. Shitting. Me.

    There you have it, fellow Techsters: proof of the fantastic levels of absurdity to which the RIAA attack has sunk. The Recording Industry of America would rather see America's youth deprived of higher education, forever marring their ability to contribute personally and financially to society -- including the arts -- so that they may crucify us as examples to our peers. To say nothing of wrecking our lives in the process. I finally understand what the RIAA meant when they told me "stealing music is not a victimless crime" -- the victims hang for all to see.

    Please, RIAA -- if any competent representative happens to enjoy flipping through The Tech -- please tell me Bowie is a moronic tool who can't help what the Superior Gray Coverage Golden Blonde hair dye does to her mental facilities. Please tell me you actually care about the futures of the age demographic that buys most of your music (http://www.riaa.com/news/marketingdata/pdf/2004co nsumerprofile.pdf). Your evil pirates are people too, people who enjoy music and almost always still purchase it legitimately. Each has an individual life and circumstances that deserve c

    1. Re:Just in case, article text by InsaneProcessor · · Score: 5, Interesting

      I don't understand everybody's thinking here. Don't hire a lawyer (thief) and tell them you won't settle. Tell them to take you to court and then demand proof that you stole. Then ask for continuance after continuance for discovery. Petition the court to summons records from the RIAA that shows the evidence for thier claim. There is a hole in thier evidence chain. There always is. I found this to be true in a simular situation with DirectTV that killed thier case and it only took about an hour and a half to find it.

      Don't take thier crap and stand up to them firm. Even if you don't fully understand what they are doing, act like you are in control and they can't win. If you press forward this way, they can't win.

      --

      Athiesm is a religion like not collecting stamps is a hobby.
    2. Re:Just in case, article text by endeavour31 · · Score: 0, Troll

      Yeah - you keep on doing that. Someday you will find out what the legal system is really about.

      stupidest
      thread
      ever

    3. Re:Just in case, article text by Lord_Dweomer · · Score: 1
      No offense...but its easy enough for you to say this when you're not a poor college student who most likely does not have the technological knowhow to find the holes in their arguments.

      Now...if you're a law student studying IP law and know quite a bit about computers, go nuts and become a hero!

      --
      Buy Steampunk Clothing Online!
    4. Re:Just in case, article text by Walking+Dude · · Score: 1

      She should agree to settle and take the six month option. And then don't pay it. Probably will get sent to collections but it's better than going to court. They could try and garnish her wages, but I doubt she makes enough to be truly garnishable. She could also declare bankruptcy. She's young and can take the hit.

    5. Re:Just in case, article text by NightEyez · · Score: 0

      You sir are a dickhead. I'm sure you have no problems bending over and taking it up the arse but the rest of are sick of your "legal system".

    6. Re:Just in case, article text by Walking+Dude · · Score: 1

      Believe me, she does not want to go to court. First off, she's probably guilty. Secondly, her costs will skyrocket either way. Paying a lawyer to do what you are suggesting is quite a bit more expensive than settling.

    7. Re:Just in case, article text by stinerman · · Score: 1

      You don't even have to do that.

      Ask for a damned jury trial. No jury in the world is going to make you pay such exorbitant sums for downloading a movie here or there. People get that downloading "Ice Age" from TBP isn't worth $150,000.

      If your trial is of the criminal nature, you're going to get a public defender anyway, so you could always discuss it with him.

    8. Re:Just in case, article text by stinerman · · Score: 1

      The point is that any average joe with enough fortitude can do this themselves.

      And her guilt isn't of issue. The issue is if the RIAA can prove that she is guilty by the preponderance of the evidence.

    9. Re:Just in case, article text by jank1887 · · Score: 1

      I can't quite agree with advising a person at this point in their life to trash their credit rating. Too many things coming up in the next 2-5 years she might need it for. Has she tried to negotiate a 12 month payment plan?

    10. Re:Just in case, article text by Anonymous Coward · · Score: 0

      She should agree to settle, but only face-to-face. Then settle with a shotgun. Extortion lasts until people stop putting up with extortion.

    11. Re:Just in case, article text by ObsessiveMathsFreak · · Score: 2, Interesting

      Believe me, she does not want to go to court. First off, she's probably guilty.

      Possibly. But the question is, can you prove it in a court of law with lawfully obtained evidence?

      There are plenty on guilty mob bosses and criminals out there who are probably guilty, but we live in a society that demands proof beyond reasonable doubt in order for someone to be convicted. And the methods used to obtain that proof cannot themselves be unlawful.

      How can the RIAA prove this student downloaded the files? Do they have this evidence? Has the student's ISP given it to them? Was this done in a lawful manner? Do they have evidence of the files residing on the students computer? Was this evidence obtained from the students computer in a lawful manner? Does the RIAA know for a fact that the files it believes were illegal copies were in fact illegal copies of songs to which it has copyright?

      The fact is, if it goes to court, and the RIAA presents its evidence, there's a good chance that they'll face bigger charges than the student.

      --
      May the Maths Be with you!
    12. Re:Just in case, article text by MikeXpop · · Score: 2, Interesting
      Ask for a damned jury trial. No jury in the world is going to make you pay such exorbitant sums for downloading a movie here or there. People get that downloading "Ice Age" from TBP isn't worth $150,000.
      Not sure how it works in Massachusetts, but in New Hampshire jury trials aren't awarded for civil cases unless the damage is $25,000 or greater. And it's not $150,000, they've agreed to "settle" for around $3,000.

      And just because you're not rich doesn't mean you automatically get a public defender in a criminal case. The state is paying for these defenders, and they're going to make sure there is absolutely no way you could afford a lawyer otherwise before handing them over. It's kind of sad, but the state would suggest to her exactly what the RIAA did: Drop out of college.
      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    13. Re:Just in case, article text by stinerman · · Score: 1

      If what you say is indeed correct, then your state is violating the 7th Amendment of the US Constitution. To wit:

      In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

    14. Re:Just in case, article text by bigjohna · · Score: 1

      If everyone whom the RIAA bullied just said "Take me to court!", they would loose more money in lawyer fees then they would gain in settlements. If it were me, that would be what I would do. Additionally, where is the congressional outrage at the suggestion of the RIAA? It is really sad how the RIAA is a greed monopolitic entity.

      --
      Big John---"Little Lucy's in the lab dead upon the floor, for what she thought was H2O was H2SO4."
    15. Re:Just in case, article text by fjf33 · · Score: 1

      Not for civil suits. The test there is preponderance of the evidence. Beyond reasonable doubt is for criminal suits. For example you may not be found guilty of murder, but still be found guilty in a civil suit and have to pay damages to the families. You don't go to jail but you loose your money unless you move to a state (like Florida for example) and you can protect an even bigger part of your state. I think the OJ Simpson case went that way right?

    16. Re:Just in case, article text by ObsessiveMathsFreak · · Score: 1

      Not for civil suits. The test there is preponderance of the evidence.

      But the evidence itself must be obtained lawfully.

      --
      May the Maths Be with you!
    17. Re:Just in case, article text by SnT2k · · Score: 1

      She could be charged with felony then...

    18. Re:Just in case, article text by MikeXpop · · Score: 1
      Actually, the 7th Amendment only applies to Federal Courts, or rather any courts controlled and opperated by the United States Government. It does not apply to courts controlled and operated by the States, according to the 10th Amendment of the US Constitution. To wit:
      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
      I believe that covers the 7th Amendment. The Judiciary Act of 1789 touches upon this also, I believe. Although, it's probable that the RIAA case would be taken in the Federal Court system, not handled at the State Level.
      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    19. Re:Just in case, article text by quinto2000 · · Score: 1

      well, not quite. but you're right that the states are not required to provide a trial by jury for civil suits in all cases.

      --
      Ceci n'est pas un post
    20. Re:Just in case, article text by westlake · · Score: 1
      Don't hire a lawyer

      There is still truth in the old adage that a man who represents himself has a fool for a client.

      Then ask for continuance after continuance for discovery.

      You will find federal judges unsympathetic and unkind to your strategy of delay, delay, delay.

      Even if you don't fully understand what they are doing, act like you are in control and they can't win. If you press forward this way, they can't win.

      Ever the optimist. The amatuer in the courtroom is never in control.

  28. I'm so glad I live in Sweden by Anonymous Coward · · Score: 0

    Where a court ruling today made it illegal for the Police to demand the identity of people behind an IP number in filesharing cases.

  29. When is the RICO lawsuit? by Cheeze · · Score: 1

    Why hasn't some greasy lawyer tried to bring up some charges against the RIAA? There's gotta be a suitcase full of cash for any lawyer that brings the RIAA to their knees.

    --
    Why read the article when I can just make up a snap judgement?
    1. Re:When is the RICO lawsuit? by Anonymous Coward · · Score: 0

      because there is no legal theory allowing you to prevail against someone who is simply enforcing their legally granted rights under title 17.
      -IAA(non-greasy)L

    2. Re:When is the RICO lawsuit? by Anonymous Coward · · Score: 0

      I think that lawyers have mutual agreement on this matter. Don't bite the hand that feeds...

  30. new business model by Anonymous Coward · · Score: 0

    Sounds to me like the RIAA has found a new business model. Why sell CDs at $10 each (which actually isn't such a bad deal) when you can wait for people to pirate them and then charge them the equivalent of $1000 each?

    I don't download music anymore, since it's not worth the risk. Instead, I just buy used CDs, even if they're the same price as the original would have been (although on Amazon, they tend to be much cheaper). It's guaranteed legal by the doctrine of first sale (not to mention, if I have a stack of CDs, how is anyone going to know where I bought them), and yet the RIAA doesn't get a penny.

  31. Shocking by punkr0x · · Score: 1

    What did she expect, they're going to pay to send her to law school so they can pay her to extort other pirates? I'm all for piracy, but she knew the risks of her activities and she chose to continue anyways. What's next, filesharers sueing the RIAA? "You made me drop out of college man, I want compensation!"

  32. That's dumb by scolby · · Score: 1

    Wouldn't it make more sense for students to go to a good school so they can get a good job that pays more money so they can pay off their settlements quicker?

    1. Re:That's dumb by An+Onerous+Coward · · Score: 1

      Don't forget "and be able to buy music once their education nets them some much-needed cash."

      You're missing the point of these settlements. The goal isn't to extract the maximum amount of money possible from infringers. It's a shock and awe campaign designed to be as maximally disruptive to defendants as possible, to serve as a warning to any who dare infringe on their beloved copyrights. If the goal was simply to get the money, they wouldn't have a problem with allowing much longer repayment programs.

      You're trying to think of the RIAA and its members as a somber, rational actor trying to make money. I'm starting to think of them more as an angry, terrified, caged animal. The behavior I see from them most closely approximates the latter model. Deep in their heart of hearts, they know the end is nigh, and they're going to fight with fang and claw to hold on to their "rightful" revenue streams.

      --

      You want the truthiness? You can't handle the truthiness!

  33. A bully steals your milk money.... by MasterC · · Score: 1

    There you have it, fellow Techsters: proof of the fantastic levels of absurdity to which the RIAA attack has sunk.

    In other news, the local school bully is reported to have deprived students of their milk money and the students were shocked to realize, while standing in the lunch line, that they had no money for their milk. The students were heard to have said, "I can't believe how low this bully has sunk to. He even told me that I'd have to go without milk but I just didn't believe him."

    Though, some day the bully gets what's coming to him...and he will claim he's the victim.

    --
    :wq
  34. When they sue me... by AsnFkr · · Score: 1

    ..I'm just going to declare bankruptcy. I'll show them.

    1. Re:When they sue me... by TwilightSentry · · Score: 1

      Mr. AsnFkr:
          We of the RIAA reccommend that you sell all your material posessions.

      --
      How to enable garbage collection on a system without protected memory: #define malloc() ((void *) rand())
  35. Bingo. by C10H14N2 · · Score: 5, Insightful

    I don't understand the problem. If you think they're evil, don't consume their products. Why the hell do people treat CDs like friggen crack? You DON'T NEED IT. Paid, free, physical media or downloaded, just stop. The artists are part of the beast as well, why respect them if they're willing participants as well? Don't even listen to it on the radio.

    You can't simultaneously support something you find evil and retain a shred of credibility, so just stop. If you can't stop and are willing to break the law for your fix, I humbly suggest that you quite literally have a substance abuse problem and should seek professional help or a twelve-step program or something.

    Hell, spend your CD money on booze and then join AA so you can sit around and blame the RIAA for your alcoholism.

    1. Re:Bingo. by networkBoy · · Score: 1

      "To wipe the system to fix it is like killing the patient."

      I'm off to the store, this is gonna be great!*
      -nB

      *as long as I can remember why I'm getting so pished once I am so pished.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Bingo. by networkBoy · · Score: 1

      s/'To wipe the system to fix it is like killing the patient.'/'Hell, spend your CD money on booze and then join AA so you can sit around and blame the RIAA for your alcoholism.'/

      Don't quite know wtf happened there....
      not so funny anymore.
      ?!?
      It's teh RIAA's fault, i'm gonna get drunk now.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    3. Re:Bingo. by jb.hl.com · · Score: 1, Redundant

      I find your ideas intriguing etc etc etc.

      Finding the RIAA evil is no justification for downloading RIAA music. If you want to boycott a business, actually boycott them, don't just say you'll boycott them and then get their products through some other means.

      --
      By summer it was all gone...now shesmovedon. --
    4. Re:Bingo. by mshiltonj · · Score: 4, Insightful

      If you can't stop and are willing to break the law for your fix, I humbly suggest that you quite literally have a substance abuse problem...

      breaking the law != doing something wrong.

      The law is a ass. -- Charles Dickens

    5. Re:Bingo. by psybre · · Score: 1

      I don't understand the problem. If you think they're evil, don't consume their products. Why the hell do people treat CDs like friggen crack? You DON'T NEED IT. Paid, free, physical media or downloaded, just stop. The artists are part of the beast as well, why respect them if they're willing participants as well? Don't even listen to it on the radio.

      Well, listen to it on the radio if it's being played on vinyl. Long live vinyl.

      --
      Authority questions you. Return the favor. -- d474
    6. Re:Bingo. by Beryllium+Sphere(tm) · · Score: 1

      >spend your CD money on booze and then join AA so you can sit around and blame the RIAA for your alcoholism.

      Then would RIAA stand for Recruiting Individuals for Alcoholics Anonymous?

    7. Re:Bingo. by EzInKy · · Score: 5, Insightful


      Hell, spend your CD money on booze...


      Funny you should mention booze. So do you also think Prohibiton would have been rescinded if nobody had broken the law?

      --
      Time is what keeps everything from happening all at once.
    8. Re:Bingo. by Anonymous Coward · · Score: 0

      So Al Capone was actually a brave freedom fighter standing up to an unjust law, eh?

    9. Re:Bingo. by EzInKy · · Score: 1


      Finding the RIAA evil is no justification for downloading RIAA music. If you want to boycott a business, actually boycott them, don't just say you'll boycott them and then get their products through some other means.


      If people don't break the RIAA's evil laws then Congress would have no reason to change them.

      --
      Time is what keeps everything from happening all at once.
    10. Re:Bingo. by EzInKy · · Score: 1


      So Al Capone was actually a brave freedom fighter standing up to an unjust law, eh?


      No, but those drinking his booze were.

      --
      Time is what keeps everything from happening all at once.
    11. Re:Bingo. by kayditty · · Score: 0

      The problem for me has been knowing what content belongs to whom. I know there are sites that list labels that the RIAA maintains, but sometimes there are "tiered" labels that are hierarchically 'underneath' an RIAA label. And this extends further than the RIAA, to the MPAA and movie studios. There needs to be an easy way to find out who holds the rights to a given work, so that we can all avoid this media. I received a Notice of Copyright Infringement from a movie studio over a film that I downloaded to preview. (by the way, this film was 6-7 years old) I would never have downloaded this film, had I known what studio or whatever produced it. Granted, I never would have bought the film any how, as I was only trying to catch up on movies that I hadn't seen, and for that purpose alone. But were I going to buy something, I'd want to know what I was getting myself into. And even if I were to know the labels after researching a Pink Floyd CD online, it's not quite as simple when I head to WalMart (or a music store, if I had one). Since they're an old (classic) band, there are a lot of reproductions and releases of their works. Sometimes the stores don't have the same versions as were listed on alone, and sometimes they have alternate versions. Some of these must have been released by different production companies, and I'm sure more than one corporation holds rights to distribute their works. So, to me, though I love Pink Floyd, I'm stuck downloading half of their albums, in order to mitigate the risk of supporting corporate tyranny. Asinine and pretentious as this whole bit may have been, it's what I actually believe, and can any of you guys show me a way to do this now?

    12. Re:Bingo. by jb.hl.com · · Score: 1

      How are they the RIAA's laws? They're copyright laws, which have been in place since before the RIAA even existed, and i'd wager before even the gramophone had existed. There's no justification for downloading music as a form of protest, period. The great grandparent was right for comparing it to substance abuse.

      --
      By summer it was all gone...now shesmovedon. --
    13. Re:Bingo. by DeadManCoding · · Score: 1

      Ok, boycott a product. That much I understand and completely agree with. But "The artists are part of the beast as well, why respect them if they're willing participants as well? Don't even listen to it on the radio." that I can't agree with. For instance, I do listen to music on the radio. Why? Because I enjoy rock and metal. MTV doesn't exactly play that anymore. I can buy the album, but to do so contributes to the RIAA and should be avoided. Fair enough. But, I still like the bands. I still enjoy listening to the music. I get to hear another's point of view in such a fashion that is known as art. Now, if a mainstream band uses download subscription services, that I should use. Fair deal for me. But don't start hating the artists because they have something to say and for whatever reason, that's the only method available to them.

      --
      "The only constant in the universe is change." - Unknown author
  36. Burn all your bridges by bemenaker · · Score: 0, Flamebait

    This kind of behavior is going to turn any last supporters of these cluesless greedy bastards against them. If Orrin Hatch can still support them in congress after that, then he seriously needs to be voted out of office. Ah, he needs to be voted out of office anyways. Utah, PLEASE do us a favor and get rid of that moron.

    1. Re:Burn all your bridges by Excen · · Score: 1

      Mark me flamebait and off-topic, but the parent post does have a good point and is not purely flamebait. Orrin Hatch is the most clueless man in regards to technology in the entire spectrum of human invention. The guy's Congressional Website with a .gov Address had a link to a hardcore porn site for like a week. The guy testified before a senate subcommittee, saying he wanted to blow up every PC that "Pirates" material, however by his logic, anyone who downloads some Linux ISOs should have their machine turned into an IED. He's a menace to society and our system of democracy, and even worse than Blunt or Boehner.

      --
      "No beer until you finish your tequila!" -Leela's Dad
  37. She wrote an article on how to avoid RIAA ........ by Anonymous Coward · · Score: 0

    Wait a minute, she says "Last fall I wrote an opinion piece on music piracy (How to Avoid Getting RIAAed, Oct. 21, 2005)"

    http://www-tech.mit.edu/V126/N13/RIAA1306.html

    So an MIT student writes an article detailing how to avoid being sued by RIAA, then gets sued by RIAA? Is she a slow learner or what?

  38. Re:Best. Advice. Ever. by jjohnson · · Score: 1

    How many politicians are running on a platform of 'get rid of copyright laws'?

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  39. Take it to the kids by pele_smk · · Score: 1

    Maybe you should talk to the recording artist you borrowed from. Lets get passed the RIAA and post the blame on the artist. Unless it's Metallica, I would hope a musician understood the importance of viewing art and the value of education. In the end, if the artist doesn't value education and museums, you'll probably gain a spot on some random news channel and start the next anti-RIAA movement. If people aren't buying a particular artist because the artist enforced the RIAA's settlement policy, I have a sneaky suspicion consumers wouldn't purchase as many of the artists songs, in effect cutting into the profits of the recording industry. I should probably get my checkbook ready after making a statement against the RIAA; I still have a semester left of school.

    I thought the CD was suppose to cost less than the tape?.!

    1. Re:Take it to the kids by eltonito · · Score: 1
      The idea that artists have any pull with the RIAA or their record labels is slightly naive.

      For the most part, artists have signed such label-friendly contracts that they have no rights to their own music. They have no choice but to sit in silence and hope they can finally recoup the advance on their latest album.

      Steve Albini wrote a great essay on the ways a major label owns an artist: http://www.negativland.com/albini.html

      Avoid major labels, buy indies.

  40. Get a lawyer... by Anonymous Coward · · Score: 0

    for fucks sake! They are happily railroading her.

  41. Re:Best. Advice. Ever. by punkr0x · · Score: 1

    Heh, are you serious? 4-5 of the most productive years of your life "lost" to education? College is the only reason I was productive at ALL in my late teens/early twenties... if not for the university I would have sat on a couch playing video games til I was 25.

  42. How do we tell who is with RIAA by SeeMyNuts! · · Score: 1


    How do we tell if a particular CD is associated with the RIAA? Suggesting that a student give up their education plans for copying music they likely find of little value is quite disturbing. The punishment must fit the crime, and people who download music place as much value in their collections as a wad of dust under their desks. The RIAA is facing a cultural problem, not a crime ring.

    I am careful to not infringe on copyright, but I would like to know who I am buying from.

    1. Re:How do we tell who is with RIAA by Dachannien · · Score: 4, Informative
    2. Re:How do we tell who is with RIAA by swv3752 · · Score: 1

      Are you buying the CD in a Music store? Or have you heard it on the radio? Then almost asurredly it is an RIAA label.

      --
      Just a Tuna in the Sea of Life
    3. Re:How do we tell who is with RIAA by SeeMyNuts! · · Score: 1


      The Magnetbox link provided by Dachannien's reply also has a link to a list of RIAA members. Since I buy mostly classical music, I looked at that list for "classical" and only three label names were explicitly classical. Also, a couple of other labels for CDs I own are not on that list. I find that somewhat re-assuring. Perhaps this is due to much classical music being public domain, aside from the performances themselves.

      However, a quick estimate shows that there are well over a thousand labels on that list!

    4. Re:How do we tell who is with RIAA by X86Daddy · · Score: 1

      Also, the Bookmarklet code seems not to work with Amazon's current URL structure. Here's an update... you'll need to parse out the Slashdot injected spaces and carriage returns, or simply use their bookmarklet and replace /-/ with /product/ and 3 and 13 with 9 and 19.

      javascript:var%20index=location.href.indexOf('/pro duct/');if(index!=-1){var%20asin=location.href.sub string(index+9,index+19);}else{var%20index=locatio n.href.indexOf('ASIN');var%20asin=location.href.su bstring(index+5,index+15);}void(win=window.open('h ttp://www.magnetbox.com/riaa/check.asp?asin='+asin ,'riaa','toolbar=0,location=0,directories=0,status =1,menubar=0,scrollbars=1,resizable=1,width=450,he ight=400'));

    5. Re:How do we tell who is with RIAA by ben_magnetbox · · Score: 1

      I've updated the bookmarklet on the site so it works now. Thanks much.

  43. And they're right by bhalter80 · · Score: 1

    In order to pay them their money now she needs to have more money available now. To do this the biggest expensce she has assuming she's actually paying for MIT is college. Now if they were smart they would make an offer much like student loans where she pays nothing til she's out of college then some sum of money which now seems trivial but by nature is atleast twice what the pay it now (patent pending) settlement is.

    This way they would get a lot more people to agree to a settlement that looks like little money and is far far off (4 yrs) you don't look like loan sharks and you make much bigger proffits off the settlements in the end.

    Out of curiousity don't most corporate to person settlements take years to payout?

  44. Re:Best. Advice. Ever. by middlemen · · Score: 1

    most productive part of your life lost to "education?"

    I am in total disagreement here. I will not judge you for your thoughts, but I feel that education is necessary to be more productive. Otherwise you will have a limited set of ideas which you learnt in high school which were immature in all ways anyway. I agree that education will not guarantee productivity, but to be more productive education always has a positive effect. Going to a college like MIT is not for just the education, it is to do some networking with other people who think like you, to work with others who are great/good thinkers, to work with people who have done extensive work in certain fields. Yes you pay for it, but if there were no education, then how would you even approach these people ? Where would you meet them ? At the local pub/bar/restaurant ? No way ! People in a college come from all over the world to study and exchange ideas... I guess you got my point by now. Education is necessary but not sufficient. One has to use his/her mind as well.

  45. blah blah blah by Anonymous Coward · · Score: 0

    Regardless of where everybody stands on the issue of copyright violation, IP law, etc. the fact is that currently it is US law that distributing music in this fashion is a breach of the civil code.

    If you want to come across as mature, then pay the settlement or go to court and fight it. But to say "oh, poor me. poor me. i have to give up my entire higher education because these guys are being mean to me. poor me." is bullshit. It's $3,750. Yeah it's not pocket change, but take a semester off, go wait tables at the local Olive Garden and you'll be able to pay that no problem and get back to school. Painting the situation as black and white, to say that the only possible way you will ever get a higher education is to go to a particular institution at a particular moment in time... is total hyperbole and makes you look completely childish.

    Seriously, how insular do you have to be to not know this can happen if you choose to engage in copyright violation? Have you been living in a cave?

    ---

    I especially like how she ended her write up with a link to a "Copyright and distribution information" notice.

  46. So what... by dangermen · · Score: 0, Flamebait

    So what... if you are stupid enough to keep downloading songs via services that are questionable then I don't feel sorry for you. Take some responsibility and don't do it in the first place. Now, RIAA's tactics are for crap but so are the dorks who download / don't pay for Music. I just can feel sorry for either one.

  47. RIAA & downfall of America by digitaldc · · Score: 1

    So what happens to you if you say FU to the RIAA and refuse to pay? I am wondering if any poor college students just refused outright.

    Do you go to jail? Do you have your house sold at auction?
    Curious minds want to know.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:RIAA & downfall of America by stinerman · · Score: 1

      Well you can't squeeze blood from a turnip.

      If the RIAA sues me for $1,000,000 ... I don't have anywhere near that. Go ahead, sue me. You'll never get paid. If push comes to shove, I liquidate all my assets and move to Canada.

  48. It will all back fire by Anonymous Coward · · Score: 0

    Keep on treating people in this country like revenue cows and its all going to back fire on the RIAA.

    Suing children as young as 12? telling people to drop out of MIT?

    Someone has to put an end to the RIAA. ITS CALLED A BOYCOTT!

    American music isn't all that great anyway ladies and gents. Try listening to some European music and what the rest of the world is raving about. Teach the RIAA how they really can lose major revenue by not buying from labels that are partners with the RIAA.

  49. Pray for their complete failure by topical_surfactant · · Score: 1
    As per the usual...I have not purchased a major label-backed CD or DVD in six years, and as these stories continue, my resolve grows.

    Die, RIAA. Die painfully, and take every label in the room with you.

  50. Karma to burn! by Reverberant · · Score: 4, Interesting
    With apologies to a certain CIC: I earned karmic capital on Slashdot, and now I intend to spend it.

    1. Submit story to Slashdot, wait for it to get rejected
    2. Submit story to That Other Site, wait for it to take off
    3. Wait for another Slashdot user to submit story to Slashdot.
    4. Profit?
    1. Re:Karma to burn! by Anonymous Coward · · Score: 0

      The quote at the bottom of the screenshot is perfect:
      "Everyone hates me because I am paranoid."

    2. Re:Karma to burn! by typical · · Score: 1

      It works with reddit too, not just digg.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  51. Big Fat Jerks by Mad+Ogre · · Score: 1

    There was a time when I was a bill collector. I once suggested to a lady that she sell her wedding ring. She was a widow. That same day I quit that job and I've never had a job related to collections since. Telling someone to drop out of college so they could pay a bullcrap settlment... that's even worse than telling a widow to sell her ring. I might have suggested someone let go of their past, but I didn't tell anyone to flush their whole future. That's a special kind of low. BTW, the next day I went to that lady's house and told her that if she didnt' pay the debt, the company would drop the issue because it wasn't worth going to court over and they would write it off. The company did just that. The RIAA on the other hand... evil pricks.

    --
    MadOgre.com
  52. Re:Best. Advice. Ever. by Red+Flayer · · Score: 5, Insightful

    "Go and invest that $150,000 in your own business and you'll be much happier (and successful)."

    Sure, because all businesses succeed (hint: less than 1 in 10 do). Or because it's easy to get financing for a business plan when you're 18 -- don't forget that student loans and other financial aid are pretty much guaranteed. Or because people at the age of 18 all have the skills to run a business.

    That "education" you speak of so disparagingly is what gives us a workforce that innovates, that has the knowledge necessary for complex jobs... like in the fields medicine (practice or research, you pick), or engineering, etc.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  53. I have got an idea for an ambitious attorney by algerath · · Score: 1
    We have all seen the stories of the RIAA filing lawsuits against people who don't even have computers or have never downloaded. Why not find a college student being sued who either didn't do it or a case where it would be extremely difficult to prove they did do it (downloaded from a internet connection in a dorm or something) and turn around and sue the RIAA for harassing the poor kid and driving them out of college with the legal bills. You could ask for potential future income. One could calculate the amount lost by using the average income of a college grad vs the average non college grad over the course of an average life. I imagine that this would be a large number. The headlines would be great "RIAA drives young student from college, costs them 50 bajillion dollars in future earnings".

    Sounds good to me, maybe cause them to at least investigate prior to filing lawsuits, probably not though.

    IA definitely NAL

    Algerath

  54. Simple Solution. by Anonymous Coward · · Score: 0

    It involves lots of pyrophoric materials, and some oxidizers.

  55. Morally bankrupted by Dark+Coder · · Score: 1, Insightful

    RIAA no longer represents me nor Western Civilization.

    The executives of Recording Industry of Artists in America is now antithema of our advanced society.

    By advocating a lower educational pursuit in hope that they selfishly hope to attain a goal for a subpar economic society in which they can continue to rob from the budding artists (and engineers) of our great society.

    I hope our court systems and governments recognize this foolishness and put an end to this organization.

    Nothing is gain anymore from such a facists dream.

    1. Re:Morally bankrupted by jjohnson · · Score: 0

      Oh please.

      I'm no fan of the RIAA, but you're the only one hearing jackboots in the wind. They suggested she drop out of college to get a job. They could've suggested she sell a kidney, or put on a tube top and hang out in the Combat Zone, or borrow it from her parents. They don't care where the money comes from, and if she didn't want to face the dilemma of interrupting her schooling to pay off a settlement, she shouldn't have put herself in a position where she was legally liable.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:Morally bankrupted by Dark+Coder · · Score: 1

      Yes, I agree with the student's being at fault.

      But when an organization is taking a hardline that is not beneficial to the society as a whole or even the few (outside of RIAA).

      Couple that with trampling of personal and economic liberty (see Google RIAA lawsuits) that often are mistimed or mistargetted, then it is a cold and callous non-governmental-sanctioned efforts.

      This kind of PR only goes to denigrate the RIAA's images further.

      Corporate sponsorship (community donations) are what makes a pillar of the society (and good PR).

      The very least that RIAA could do is work out a student loan for her. Who knows, she might even work for RIAA as a end result (even better PR).

    3. Re:Morally bankrupted by Anonymous Coward · · Score: 0

      jjohnson, do you work for RIAA as a PR representative?

      Because all I see out of you and your slashdot logs is RIAA smoothovers.

    4. Re:Morally bankrupted by T1mb0 · · Score: 0

      Who's morally bankrupt? I assume you mean the people who won't stop taking what isn't theirs, ie: those downloading copyrighted material. The RIAA has every right to do what they are doing. It's not their responsibility to make sure someone can get a college education. She screwed up and she should have to pay for it, even if that means going to a less expensive college. BTW, it's also not the governments responsibility to decide how someone runs their business (or it shouldn't be, anyway). The RIAA are not doing anything illegal, the people downloading copyrighted music are.

    5. Re:Morally bankrupted by Anonymous Coward · · Score: 0

      Polishing RIAA images by posting "nice things" on Slashdot is kinda like "spitting against the wind."

    6. Re:Morally bankrupted by jjohnson · · Score: 1

      jjohnson, do you work for RIAA as a PR representative?

      Because all I see out of you and your slashdot logs is RIAA smoothovers.

      First, someone please mod the parent up so that people can see the dialogue chain.

      No, I don't work for the RIAA, or the music or entertainment industry, in any capacity. I'm not in PR, either, or IP/copyright law, or any field that's self-interested in the outcome of the RIAA's tactics.

      I think the music industry and the RIAA are being monumentally stupid about P2P and downloading, and that these lawsuits are a moronic way of poisoning the fanbase that supports them. The only answer to this, however, is commercial pressure by that fanbase--don't buy DRMed CDs, don't buy music from labels supporting the RIAA, write your congressmen, write letters to the editor, publicize the idiocy of it.

      However, I'm endlessly disgusted by the pissing and moaning on here about the unfairness of the RIAA's tactics. The blatantly misleading headline on this story is the cherry on the sundae. The RIAA is perfectly within their legal rights to do what they're doing, and to bitch about getting caught and the hardship that imposes is the height of hypocrisy. Right or wrong, downloading is breaking the law, and doing so incurs legal liability. Downloading is not civil disobedience, it's freeloading. If the music industry had any brains they'd parlay that extensive freeloading into exposure for value added content and free marketing for young artists. But until they start doing that, downloaders are simply breaking the law and getting off easy, in legal terms, to what they could be.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  56. Personal responsibility by Maxo-Texas · · Score: 3, Insightful

    She did the action in question. She is responsible for the penalties for undertaking that action.

    We all have to make hard choices every day.

    The last time I broke a speeding law, it was pretty bogus. I still paid for the ticket and took the classes. IMHO- that particular speeding ticket set up was unfair (basically 70mph /hill\ 55mph construction zone - cop at bottom of hill).

    She chose to download songs. She probably also foolishly didn't use programs like peer guardian. She also got unlucky.

    Yes- Riaa are weasels. But by now, surely we ALL know that if you download copyrighted material you are risking a 3kish fine (or being ruined in court if you tried to fight it).

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:Personal responsibility by Anonymous Coward · · Score: 0

      Had they charged you $15,000 for your speeding ticket your analogy wouldn't be ridiculous.

    2. Re:Personal responsibility by Maxo-Texas · · Score: 1

      If she only downloaded 1 song, the fine wouldn't have been 3kish and she wouldn't have been sued. She probably had a pile of songs like most of us.

      I'm converting my library over to legit copies that I'm recording and encoding free off the air. I p2p'd for a while but I think the risk/reward ratio isn't there for songs when there are so many -easy-, -legal-, -free-, ways to get the same songs.

      Furthermore, if it was -WIDELY- known that you could get a $15,000 speeding ticket in a certain area, would you still go there and speed? Would you go there at all?

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    3. Re:Personal responsibility by gstoddart · · Score: 5, Insightful
      Yes- Riaa are weasels. But by now, surely we ALL know that if you download copyrighted material you are risking a 3kish fine (or being ruined in court if you tried to fight it).

      Allow me to clarify --- if someone accuses you of downloading copyrighted material, you are risking a the fine; regardless of anything so sticky as the truth of wether or nor you actually did it.

      The RIAA doesn't need to prove anything. They just claim it, demand a settlement, and strong-arm you into settling. They are never obligated to prove a damned thing. And since it's a civil matter, they know it's cheaper to settle even if you're innocent.

      I could claim you're a child molester, but since I have no basis to make the claim, it would be unfair to tar you with that brush (this is a metaphor, not a personal attack, I'm sure you're a perfectly nice person around children).

      What if someone who legitimately has NOT downloaded material is accused by the RIAA? They're expected to settle out of court, accept responsibility and blame -- or, they spend a godawful amount of money defending themselves.

      People hate these suits from the RIAA because they are brough forth without evidence, without any objective 3rd party, and a whole passle of cranky lawyers. I've said before, the RIAA is effectively acting as their own court system without supervision. And, they can effectively do any damned thing they want to any poor schmuck whose ISP was strong-armed into giving up their information.

      The fact that there are no checks and balances on the way this is done, means it's a situation that's just rife with chances for abuse. Oooh, the latest Brittney SPears album didn't sell well? Fine, we'll just make up a couple of people to sue and recoup our losses. It would be no different from the complete vapour trail they provide now.

      Any situation in which your accuser seems to automatically be able to force you to settle for thousands of dollars, or be bankrupted in court, is completely broken.

      Now, it sounds like the person in this article may have actually downloaded stuff. But if, and I can guaran-f'in-tee I've never downloaded music, I was accused of this same thing, I'd be left with the bullshit choice of settling and accepting guilt, or fighting it and paying through the nose.

      --
      Lost at C:>. Found at C.
    4. Re:Personal responsibility by MikeBabcock · · Score: 1

      Speeding is an enforceable well-defined offence.

      P2P downloading is not (in legal terms). Its barely hit the courts for all intents and purposes.

      For that matter, a settlement by nature doesn't infer any liability, but the legal system pretty much forces you to take the settlements because of high legal costs.

      Last time I had a bogus speeding ticket, I took it to court. Why? Because its free to fight it in court & win. Why not?

      When Columbia House told me I owed them money for CDs I didn't purchase, I told them where to stick that too.

      The RIAA is trying very hard to get these cases settled out of court to avoid the court system themselves. If they cared about legal precedent and thought they had an open-shut case, they wouldn't offer the steeply discounted settlements.

      --
      - Michael T. Babcock (Yes, I blog)
    5. Re:Personal responsibility by bk4u · · Score: 1
      Oooh, the latest Brittney SPears album didn't sell well? Fine, we'll just make up a couple of people to sue and recoup our losses.

      Hmmmmm well that explains why there have been so many cases

      --
      Remember kids, with great power comes great opportunity to abuse that power
    6. Re:Personal responsibility by Anonymous Coward · · Score: 0

      Can you point to a single example -- just one -- where an innocent party has chosen to settle with the RIAA?

    7. Re:Personal responsibility by cartman · · Score: 1
      Allow me to clarify --- if someone accuses you of downloading copyrighted material, you are risking a the fine; regardless of anything so sticky as the truth of wether or nor you actually did it... The RIAA doesn't need to prove anything. They just claim it, demand a settlement, and strong-arm you into settling. They are never obligated to prove a damned thing. And since it's a civil matter, they know it's cheaper to settle even if you're innocent.
      If you didn't pirate the music, then don't pay the fine--fight it in court. Of course, fighting it in court costs money, but if the RIAA loses then you can petition the court to force the RIAA to pay your attorney fees. Apparently, judges will usually force the initiator of a lawsuit to pay all attorneys fees if the iniator is a corporation and it loses the case.
      Oooh, the latest Brittney SPears album didn't sell well? Fine, we'll just make up a couple of people to sue and recoup our losses. It would be no different from the complete vapour trail they provide now.
      If they fabricate evidence and use it in court, then the individuals who participated in that act (including the lawyers) are personally criminally liable. You won't even have to pay the attorney fees to imprison them--the DA office handles that. Also, you could countersue the RIAA for barristry and harrassment, and the attorney fees would be taken out of the settlement.

      If the RIAA were violating the law, and you felt you were too small to take them on yourself, you could initiate a class-action lawsuit. It would cost you nothing--the attorney fees would be recovered from the settlement. Personally I'm the beneficiary of settlements from class-action lawsuits all the time, and usually the corporation's guilt is far less obvious in those cases than in the hypothetical case you describe.

      ...Don't get me wrong, I'm not a lawyer. But I'm often the beneficiary of settlements and my family seems to be involved in lawsuits quite often. In my experience the legals system is pretty reasonable (albeit very expensive). The initiator of a lawsuit needs to have some kind of case. If they have no case at all then they can be punished in court even for filing a lawsuit.

      ...It's actually pretty rare for corporate officers or lawyers to violate criminal statutes directly and in person. It seems very unlikely to me that a corporate officer would direct his employees to fabricate evidence for use in court. Obviously criminal activity by corporate officers could happen. Just look at what Ken Lay did. But then again Ken Lay is being prosecuted.

      Now, it sounds like the person in this article may have actually downloaded stuff. But if, and I can guaran-f'in-tee I've never downloaded music, I was accused of this same thing, I'd be left with the bullshit choice of settling and accepting guilt, or fighting it and paying through the nose.
      Remember that it costs the RIAA alot of money to prosecute you, far more than they could ever recover from the case.

      Recently I received phone calls from two collection agencies that demanded money for two $30 debts that are almost 10 years old. AFAIK, I may actually have forgotten to pay two bills 10 years ago. But the statute of limitation has long passed so I told them to go fuck themselves. When they threatened to sue I told them the statute of limitations had passed, therefore the lawsuits would be very brief and in my favor, and I might countersue just for fun.

      I haven't heard from either of them since.

    8. Re:Personal responsibility by crabpeople · · Score: 1

      Oh i had no idea that all laws were exactly EQUAL and we have to follow every law no matter what or we are basically morally bankrupt souls.

      Thank you for clearing that up for me. Here i was using my own sets of morals instead of ones mandated to me by the state. I have seen the error of my ways now and will only do what the corporate backed plutocracy tells me i can do.

      thanks tex!

      --
      I'll just use my special getting high powers one more time...
    9. Re:Personal responsibility by ChenLing · · Score: 1

      There were two cases covered on slashdot. One was a single mother of three who had no idea on how to even download songs from the internet illegally (although one of her children or their friends might have done so). The other one didn't own a computer (possibly ID fraud?).

      --
      "You have the option of insanity. I do not. And that makes me crazy!" - Brian to Angela, My So-Called Life
    10. Re:Personal responsibility by gstoddart · · Score: 1
      Can you point to a single example -- just one -- where an innocent party has chosen to settle with the RIAA?


      Settled? No.

      Sued by? Sure

      here

      here

      It's hardly a stretch to think that people who haven't done anything are incurring legal costs all of the time because of an unsubstantiated RIAA witch hunt.

      Every time I point out that these cases don't bear any burden of proof by the accusers, and that the person has no presumption of innocence, people point out it's a civil case, and they don't need to prove your actual guilt. Especially if you settle, because a court never sees ths suppposed proof.

      Well, when they don't have a burden of proof, it can get abused. This isn't rocket science -- if they can merely claim that any old joe schmoe did something, and not be required to prove it, the possibility of innocent people settling is non-zero. A herd of expensive lawyers can intimidate someone without the resources to fight -- even if they are innocent.

      They've settled several thousand cases by now. Do you have any evidence to believe that every single one of those people actually downloaded/shared files? Or might one of those poor sods have just said "Screw it, I'll pay if they'll just go away"?

      There simply has not been any evidence which was substantiated by anyone BUT the RIAA that the people they accuse have all infringed.
      --
      Lost at C:>. Found at C.
    11. Re:Personal responsibility by Maxo-Texas · · Score: 1

      I didn't say laws were equal.
      I didn't say laws were moral.

      I said, if you live in a society and don't leave it, then you agree to live by it's laws and accept the punishments for breaking those laws. It's called the social contract. You can read more here.

      http://en.wikipedia.org/wiki/Social_contract

      If you don't like these laws then
      1) disobey them and accept that you will be punished if you are caught.
      2) Leave and go some place that doesn't have these laws.
      3) Work hard, lobby, use social pressure, and get them changed.
      4) Go for a jury trial and shoot for jury nullification.

      You always have a right to claim that the law doesn't apply to you (free speech and all) but you are being soft-headed if you do.

      If you disagree with the social contract, then basically you are saying you want to live in a state of nature and that gives someone the right to club you and take your stuff. Either you are part of a society and obey its laws, or you are not and you are prey for everyone stronger than you.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    12. Re:Personal responsibility by Anonymous Coward · · Score: 0

      55mph at the bottom of the hill? In my country you can only go a maximum of 30 mph (well 31mph/50kph) by a large construction site or 50kmph (20mph) beside a roadworks.

    13. Re:Personal responsibility by Maxo-Texas · · Score: 1

      It was 70 going up the hill and 55 right over the crest of the hill. Last time I got tagged it was something similar-- 35 going up and down the bridge. But if all you did was coast down the bridge, you broke the speed limit- I was doing 38 in a 35. Clearly it was quota time and that was his favorite spot. I call it my "gravity assisted" ticket.

      We typically have 55 mph in freeway construction areas in Texas. Lowering the speed limit from 55 to 30 would double my commute from 40 minutes to 80 minutes. Yow!

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    14. Re:Personal responsibility by Maxo-Texas · · Score: 1

      The person without the computer got off- the other lady was found guilty when it went to trial as I remember correctly. Since she seemed very sympathetic before the trial, I'm assuming things were not as portrayed in the media.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    15. Re:Personal responsibility by Sir+Homer · · Score: 1

      Does winning or losing in court really prove guilt or innoncence? Plenty of guilty people are free and vise versa. Plus there is nothing stopping the RIAA from planting evidence.

    16. Re:Personal responsibility by Deliveranc3 · · Score: 1

      The law is now... people who are within 3 feet of me holding the opinion of the parent will be punished physically.

      MFIAL (My father is a lawyer) spends most of his time in the supreme court thought of becoming a politician or a judge there, the politics involved in these offices really puts them into a place where we have to be critical of their decisions.

      Laws are not absolute, they are a contract within society to try and replace religion.

      Physically punching you won't help society so I won't do it, pirating and breaking the RIAA in two and burning their studios and mercedes on the other hand. That's good for everyone, like my above example.

      I know the people who listen then buy are ashamed of people like me but I want the RIAA gone, 6c on a $ is garbage.

      Kickbacks to radio stations. BS.

      Spending 10x more on a video than on developing an artist and only signing young artists willing to do 3-4 albumn contracts. You broke the camel now suckers... we're coming.

  57. What is 3,750 out of 46,350? by Browzer · · Score: 1

    http://web.mit.edu/finaid/tuition_fees/index.html and don't forget the travel money.

    Less than 10%? Just pay the fine and go on with your life, but please don't turn it into a fight out of principle. You'd expect MIT students to be either a lot less ignorant of the law, or savy enough not to get busted if they do break the law.

    1. Re:What is 3,750 out of 46,350? by Anonymous Coward · · Score: 0

      You assume she isn't there on scholarship. You also assume that she is guilty and so should not go to court to defend herself. How much do you think the RIAA is threatening to extort from those who go to court? (Are there even any examples out of the thousands they've extorted from?)

  58. Give up already by MrJack5304 · · Score: 0, Redundant

    I really wish the RIAA would just give up already. Music theft has become far too widespread to ever be contained. If they just drop all these attacks on people and focus all this time and energy on making themselves for marketable they would be in a much better position with the public and they would definitely make up the money they lose to piracy.
    I flat out have stopped purchasing CDs because of this BS. I wish others would do the same and show them that the public they are attacking are the ones who pay their bills.

  59. Inconvenience by trepan · · Score: 1

    Before you mod this as flame-bait, hear me out because that's not my intent.

    I have no knowledge of this incident other than the essay I just read. An essay that is clearly written from the point of view of a (financially) struggling MIT student who has been fined by the RIAA to the tune of $3750.

    Now had the essayist taken the tack that the RIAA is incorrect in fining her that amount because she didn't really illegally download music, then fine. But in her last paragraph she writes, "Sure, if you commit a crime against someone, you should be held accountable." Which can reasonably be translated to saying: "Sure what I did was illegal and I should be held accountable."

    So her main complaint is that they are trying to get her to pay money that she either A. doesn't have or B. doesn't want to pay them. Now I get mad when I have to pay a parking ticket which only costs $25, and I work full time. So I can understand and even empathize with her point of view that being faced with a $3750 encumbrance while going to college is, at the least, frustrating.

    But again, the thrust of her argument isn't that she shouldn't have to pay that amount, just over the terms in which she is being asked to pay it. Is it right of the RIAA to suggest (and pay attention to that word, because that's all they did...suggest) that the essayist get stop spending money on education and instead earn money to pay off her debt? It's certainly not popular; it plays into the hands of those who believe the RIAA is on shaky ground to begin with; and it suggests, appropriately, that the RIAA's bottom line is money--but none of this is news to anyone who has been following this story.

    In a nutshell, what I see here is a college student who, having been identified as breaking the law and being asked to pay reparations is outraged that those whom she owes are asking for the money at an inconvenient time.

    1. Re:Inconvenience by jjohnson · · Score: 1

      I think it's a bit more direct than that--she doesn't really think she's guilty of anything where the price to pay causes any sort of hardship. It's like she shoplifted something and is now complaining that she has to spend 45 days in jail: "But that'll interrupt my schoolwork! It'll screw up the term! I guess the justice system wants us all to be in jail, not getting our degrees and becoming productive members of society."

      The real thrust of the essay is that her handwaving at accountability is a throwaway as she argues exceptionalism in her case. What's the point of a punishment that isn't felt? She's also not acknowledging that $3,750 is a pittance compared to her costs if lawyers and the courts actually get involved.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  60. Re:Best. Advice. Ever. by dada21 · · Score: 0

    I am in total disagreement here.

    I welcome and enjoy disagreements :)

    will not judge you for your thoughts, but I feel that education is necessary to be more productive.

    I graduated in the bottom 8% of my high school in Illinois and never went to college. At 32 I feel I am more than 5 times more productive than most people in my various business markets (and my billable rate confirms that). I don't know that education teaches you productivity -- hard work and seeing value for your work makes you more productive IF there is a market for enhanced productivity.

    but to be more productive education always has a positive effect.

    I'm not sure how. Many of my college educated employees with expensive educations (still paying those loans, too) have the lowest skills in basic tasks (spelling, grammar, math, and personality). I'm surprised how often I had to train them on something that is normally earned from experience in the field. What exactly do people learn in college, it seems its 80% liberal arts that aren't even accurate sometimes.

    Yes you pay for it, but if there were no education, then how would you even approach these people ?

    I built my network of clients through hard work -- I billed myself out at a very low rate early on (fixed rate work actually). As I learned (my education was paid for on the job by the client basically), I became a better tool to be used by others. When I did a good job, I would ask for references and referrals -- which I always received. As I hit my maximum billable hours, I brought on other non-college employees that I eventually made partners and spun off their own businesses over time. My network is vast, and my network is composed of people who want to be efficient and know that their work lives exist because they save other people time and money.

    People in a college come from all over the world to study and exchange ideas...

    And I've seen it all the time in the business world -- MBAs with no business knowledge, Doctorate degreed engineers demanding more salaries than they'd produce for their employers, etc.

    I'm not saying college is bad, I just believe that about 60% of students in college today are putting themselves behind. Why work from 21 to 65 when you can work extra hard from 16 to 45 and be ahead 20 years earlier?

  61. mod parent up by Anonymous Coward · · Score: 0

    Damn, why is it that I never have mod points when I need them!?

    1. Re:Mod Parent Up by TheJediGeek · · Score: 0

      I may be wrong, but I'm not sure if a suit has even been filed yet. If no suit has been filed, then the RIAA is trying to negotiate a fee in exchange for not filing a suit. I believe that would still qualify as extortion. If a suit has been filed, then it may fall under negotiating a settlement. From what I've seen, most cases like this are just letters from RIAA lawyers threatening to file a suit. Most times they don't even file it, they just negotiate a fee in exchange for not filing the suit and call it a settlement. That sounds like extortion to me.
      However, I could be wrong, since there's scant little background info on this article.

  62. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    Fookin 'ell, you're dumb.

  63. Time to listen to indy music by drewzhrodague · · Score: 1

    Seems like it is time to listen to some non RIAA owned music. Go out and support your local bands, and Internet musicians. If you create the music yourself that you want to hear, it will take the wind out of the music industry's sails -- and their sales.

    --
    Zhrodague.net - I do projects and stuff too.
  64. At last, the Grand Master Plan is revealed! by Rachel+Lucid · · Score: 1
    The RIAA wants these kids to drop out of college NOT ONLY to pay their settlement fees, but to prevent these kids from learning how to break their DRM or ever set themselves upwith a racket as sweet as the RIAA's!

    You never know, If this girl stays in college, she might learn to sue people for illegally breathing in perfume they didn't buy! EVERYONE would be a potential litigant! Where would the RIAA be then?

  65. Music industry == evil. by LWATCDR · · Score: 2, Insightful

    Simple as that. They abuse there customers left right and sideways. I find it funny that they wonder why sales are going down. They blame it on piracy but the truth is concert sales are also dropping.
    1. Music is too expensive. I can buy a DVD of a Movie for the same price as a CD. Don't give the crap about how I will use the CD more then the DVD that has NOTHING to do with the cost to produce the product.
    2. I can not find any music I really want to buy. I have gone to Launch to see what new artists are out. Nothing really grabs me. I listen to the radio. Nothing really new there. The fact that concert sales are also dropping should make it clear it is the product and not the piracy that is causing the issue.
    3. I really would love to see the record companies get a real hard look from the government. Their accounting, business practices, and yes dealing in drugs. How many recording artists have died from drug use? How many of them have had drugs provided to them by employees of the the music industry? This will never happen. They Music Industry will hide behind "artistic" freedom and start screaming about how it is just like McCarthy in 50s.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:Music industry == evil. by wizkid · · Score: 1

      Hey, your only telling half the story.
      Don't forget that the musicians are getting the shaft too. I read about a year ago that they get 10 to 15 cents out of the $15 you pay for a CD. They deal with the record companies only to get the promotional stuff to sell concert tickets. That's how they make money these days. It's sad. I only buy from indy labels these days, when I do buy music. I have 600++ records and close to 200 CD's. I don't need to give those damned crooks any more financing. They complain about drops in CD sales, and I have a solution.

      1) stop the lawsuits against customers, and aim them at the counterfitters. (Difficult since they're in Asia, just as pointless, but more chance of recovering the bottom line)

      2) base your business model around new technologies, instead of CD's, and quit trying to make everyone buy what your printing on the press's, and nothing else.

      3) Start mastering the CD's instead of trying to make them louder then joe's cd accross the street. Scratchy records sound better then a lot of the crap they put out now. The dynamic range has been taken out of the cd's to make them louder. I have amplifiers in my stereo that do a better job of making the music LOUD

      4) Quit pushing artists to make billboard 100 songs, and let them be creative. With a digital download model, you don't have to worry about printing 100,000 CD's that don't sell fast enough.

      5) Quit paying radio stations to play top 100 billboard songs, and let them play what's there, instead of what's on the CD printing press.

      Do these things, and I'll start spending my cash on RIAA music again.

      I don't have to worry about my funds though. The RIAA management are'nt even in the same league as MIT students or grad's. There not bright enough to figure this one out. What they do want to do is control what we listen to, and con us into buying what they want. They want us to be sheep that buy what they shove down our throats.

      --
      I take no responsibility for what I say. Even though I'm never wrong :)
  66. Evil by Britz · · Score: 3, Insightful

    I never used the term "evil" seriously before, because the concept of good and evil is pretty alien to me (I am a moderate Christian from Europe). But suggesting to drop out of college to pay a settlement for some p2p music stuff... (stealing would be if the company looses something, which is not the case with copying digital content).

    I do think content producers (and software writers for that matter) need protection, but that?

    Ask yourself, if you worked your butt off for some software and someone who is not willing to pay for it and would not use it if they had to but copied it and offered it for share, should they be made to drop out of college to pay for the settlement?

    1. Re:Evil by jjohnson · · Score: 4, Informative

      She's not being made to drop out of college. She's being offered a $3,750 settlement, which is cheap compared to what it would be if lawyers and the courts got involved. Dropping out of college is something she might do so she can get a job to pay the settlement; she might also get a part time job, she might borrow it from her parents, she might sell a kidney. The RIAA doesn't care how she got the money, and phrasing it as "The RIAA wants her to drop out of college" is a misdirection that avoids the real issue: She incurred legal liability when she couldn't afford to, and now has to deal with that.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:Evil by spiritu · · Score: 1

      I'm intrigued by the "I don't believe in good and evil" juxtaposed with "I am a Christian". Do go on.

    3. Re:Evil by Cyno · · Score: 1

      should they be made to drop out of college to pay for the settlement?

      Yes.

      If you break the law you should go to jail. The tougher the enforcement of copyright law and the tougher these EULAs get the more people will understand the pain that is capitalism. We need restricter punishment for copyright offenders. Prison time would do wonders. People must learn the law. I see no better way to teach them than to punish them severely for breaking it. Ignorance of the law is no excuse.

      If you don't like the law vote to change it, either that or encrypt everything and buy a gun.

    4. Re:Evil by Britz · · Score: 1

      I do believe in good and evil. But not in that black and white world that many American Christians seem to live in. For me there is good and evil in every one of us and we must strive to become better people every day. But to call a whole person (much less an entity like a company or even a country) evil is hard. There are many sides to every issue/person. A moderate Christian would rather bring out the good than condemn them as evil and fight them to the death.

      To make someone drop out of college for something that is not even theft like in shoplifting is very hard. OTOH the US has a tendency to had out harsh punishments:
      http://en.wikipedia.org/wiki/Prison#Prison_populat ion_statistics
      So maybe that is just the local culture.

      Studies have shown that the way of punishment in a culture does not seem to infulence crime rates in a significant way. Some cultures just have harder some have weaker punishments. I heard that they don't even have "closed" prisions in Greenland, because that punishment is alien to Inuit. They used to just disabandon people for serious crimes I guess (which amounts to death, but maybe some found refuge with other groups).

    5. Re:Evil by Britz · · Score: 1

      But why no 12 or 18 month payment? Why does it have to be 6 month for a college student in the US (who had to pay a fortune for her education)? You are suggesting she should sell a kidney and you get modded up? Interesting on Slashdot.

      To moderators: What have you shared today and how many kidneys do you have left?

      My post is not that long! Where did I say she should not get punished?

    6. Re:Evil by Chrontius · · Score: 1

      If you want to start a civil war in America, fuck with their TV.

      Anyone notice that the DTV switchover happens in a year and a half or so?

      If it gets to the point of more people downloading music than voting for the president, >1/2 of the country as felons (unable to vote), and no TV to distract people, you will have your war. Probably have a coup first, IMHO.

    7. Re:Evil by jjohnson · · Score: 1

      I didn't suggest she sell a kidney. I was pointing out that the responsibility for paying is hers, however she chooses to get the money to do so.

      As for longer payment terms, she put herself at their mercy, and they're under no obligation to offer or accept a settlement. They're being (relatively) nice about it for their own reasons--I'm sure their collection rate increases with the amount of flexibility they offer. But fundamentally, legally, they could demand payment immediately, or simply go to court and bankrupt her.

      I have zero sympathy for an MIT student who voluntarily incurred this liability. She should count her blessings. Honestly, people get screwed much harder, much less voluntarily than this every day. Our collective outrage is wasted on someone who just had to have the latest Death Cab for Cutie single.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    8. Re:Evil by vleo · · Score: 1

      Prostitution - that's better then selling a kidney, but wait a sec, that's criminal offence in the US - never mind :-)

      Boycott RIAA members! Don't buy anything from them, please!

      --
      Vassili Leonov ...it is the actions that affect us, not the motive...RMS
    9. Re:Evil by jjohnson · · Score: 1

      The last thing you said is one of the few sensible things anyone in this thread has said.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    10. Re:Evil by initialE · · Score: 1

      Ask yourself, if you worked your butt off for some software and someone who is not willing to pay for it and would not use it if they had to and had not copied it nor offered it for share, should they be made to drop out of college to pay for the settlement?

      Fixed. You're missing the point here, it's that innocent people can be placed in as much trouble as the guilty. That's where the extortion comes in.

      --
      Starbucks, Harbuckle of Breath.
  67. Money not the point... by rkhalloran · · Score: 1

    If they were actually interested in the dollar amount, you'd be right.

    But the legal fees of harassing these people probably offset the actual settlement money by a significant amount.

    The *AA are looking for the PR value ("We're prosecuting thousands of file-sharers for fill-in-ludicrous-dollar-amount-here") to take to the legislators to try and get Yet More Draconian DRM passed into law, versus actually persuing the bulk disc copiers that actually make up most of the bootleg business, 'cause that'd be *hard*.

  68. Just kill everyone that owns a PC by Anonymous Coward · · Score: 0

    Then they can't pirate your precious CRAP!

    After all, anyone with a PC is a suspect....

  69. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Sure, because all businesses succeed (hint: less than 1 in 10 do).

    That's a myth fact, to be honest. The "10" number is based on businesses that were never set up in the first place, maybe because people went in without actual knowledge of what a business needs to succeed. In my experience, the number is closer to 6 in 10 if not more. Take out restaurants and boutiques and the number is even higher. I've had 2 failures out of about 20 that I ran in my entire life, so I feel I'm ahead.

    Or because it's easy to get financing for a business plan when you're 18 -- don't forget that student loans and other financial aid are pretty much guaranteed.

    Guaranteed financing is why education is so expensive -- high demand for education with low supply, and lots of people go when they shouldn't. I have only borrowed ONCE for a business. I came from a poor family, too.

    You can start a business for less than US$20,000 right now. That means working very hard for 6-12 months (2-3 jobs if needed). If you want a safety nest egg, work hard for 12-18 months and save every dollar, live in a smaller residence, and focus on building clients.

    That "education" you speak of so disparagingly is what gives us a workforce that innovates, that has the knowledge necessary for complex jobs... like in the fields medicine (practice or research, you pick), or engineering, etc.

    That's funny because I've worked with medical research companies (two large ones in Lake County, Illinois) and I'm amazed at how many research doctors are foreigners with foreign educations. On top of that, I travel the world at least 2-3 times a year, and I see more innovation outside of this country than I do here. I'm not sure education has helped this country, and with the way our trade power is falling lately, I think we tricked people in the world far too long on the idea that we're smarter or more efficient or more civilized than others.

  70. damn it, I can't type fast enough by algerath · · Score: 1

    someone else already suggested this, although they suggested it sarcastically. I want to see someone do it.

  71. eMusic = DRM? Since when? by Kadin2048 · · Score: 1

    Wait, I thought that eMusic didn't do DRM?

    Did I miss something? I thought they were straight-up MP3 files, pretty much the only place aside from you know where that sells them.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  72. Re:Best. Advice. Ever. by GoatMonkey2112 · · Score: 1

    If you only vote for someone that you agree with on 100% of the issues you would not be able to vote for anyone except yourself.

  73. WTF are you guys doing? by Irish_Samurai · · Score: 2, Interesting

    OK, I have been guilty of defending the business motivation behind the RIAA from time to time, but that shit is over.

    Are these fucks out of their mind? Drop out of school or go to community college? This would be horrible advice to anyone going to college, but this is a friggin MIT student. You know, the type of people that come up with some of the coolest shit ever. The type of people that helped develop the technologies the RIAA is exploiting right now.

    Did anyone at the RIAA think of what it would be like to piss these people off? I mean, this type of thing could not only unite the MIT campus into taking offensive action, but the whole lot of prestigious technical Universities as well.

    Plus, the run of the mill uneducated citizen can figure this one out. "MIT is where the smart people go. The RIAA says that they want this student to drop out so they can pay them. What the hell."

    I sure hope the PR guy for the RIAA drops his intestines when he gets this news.

    1. Re:WTF are you guys doing? by jjohnson · · Score: 1

      Years ago, the PR guy for the RIAA climbed up on a stool so he could get the rope around his neck, then put a gun in his mouth and pulled the trigger after swallowing four bottles of aspirin, two bottles of Tylenol, and a fifth of Jack Daniels.

      The plastic bag around his head, secured with an elastic, is just insurance.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  74. rebuttal... by dR.fuZZo · · Score: 1

    College student recommends RIAA representative Cobain's himself.

    --
    -- dR.fuZZo
  75. Wait... by grasshoppa · · Score: 1

    I read that. They knowingly broke the law. Nevermind it's an idiotic law, this person *knew* it was illegal and they did it anyway.

    Sure, they deserve a fine. Sure, the RIAA is being idiotic.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  76. thats nice-Alimony. by Anonymous Coward · · Score: 0

    How's her situation any different than say a divorce settlement were the wife gets the kids and the house, and I get stuck with lengthy alimony?

    1. Re:thats nice-Alimony. by jargoone · · Score: 1

      It's not any different. She chose to pirate music. You chose to get married. Neither she nor you thought about the possible consequences of your actions. Whose fault is that?

    2. Re:thats nice-Alimony. by nasch · · Score: 1

      Well there is one difference. Whether you find it meaningful or not I don't know, but the RIAA doesn't need the settlement money to make ends meet. His ex-wife might need the alimony.

  77. The RIAA... is full of... by ShadowNetworks · · Score: 1

    And this is why the RIAA should be a bunch of college dropouts. If they recommend that us, the students in college, dropout to pay them back for what should be free materials (art)... then they have their degrees revolked by their respective colleges.

    --
    Give me a productive error over a boring, mundane and unproductive fact any day. ~Anon
  78. Spin Spin Spin by ch-chuck · · Score: 0

    slashdot goes further into the spin zone with every piracy article published - might as well say the Government wants a man to quit work, lose income, and stop supporting his family, because they arrested and jailed him for robbing a convenience store.

    You do the crime - you do the time. RIAA is not the ones causing people to drop out of college - it's the perps who though they could get away with it /everybody does it/ who commit the infringement that put themselves at risk and now have to suffer the consequences. Might as well blame the police for crime. If there weren't any police, nobody would be arrested for theft!! Whoooppeeee!!!!

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  79. Re:i've got suggestion for colleges by Anonymous Coward · · Score: 0

    How is that in any way flamebait?

  80. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Funny you should say that. This is how I vote.

  81. It's just a creditor's tactic by harloholmes · · Score: 1

    Although the RIAA has no reason to phone me, I got the same tactic when I was avoiding the debt collectors for about the same amount in credit card debt. I believe the bank was Capitol One, actually, whose creditor scolded me like a soot-nosed child for letting my debts accumulate like that. When I told him that I was (at the time) unemployed because I was a dedicated, full-time student at a top college, he snarkily responded: "well that tells us a lot about your priorities!" and continued to berate me for borrowing money that I refused to pay back because of my selfish, wanton thirst for higher education!

    I think it's in a training manual they have to memorize...

    1. Re:It's just a creditor's tactic by funwithBSD · · Score: 1

      I have been one, it is in the manual.

      Oh sure, pay for your , just shirk your responsibily to pay your debts!

      see? works for anything.

      --
      Never answer an anonymous letter. - Yogi Berra
    2. Re:It's just a creditor's tactic by pete6677 · · Score: 1

      I've never understood why people listen to that shit. Hang up! There's no law whatsoever that requires someone to talk to a debt collector. The only thing they can really do is sue you, and the chance of this happening will be decreased, not increased, by not talking to them.

  82. The solution is obvious and said before... by agoliveira · · Score: 1

    ... stop buying records! Once you people there start to act and make a stand, hurting where matters, they will start to listen.

    --
    Scientia est Potentia
    1. Re:The solution is obvious and said before... by Anonymous Coward · · Score: 0

      I think the people who are being sued are the ones NOT buying CDs. Duh?

    2. Re:The solution is obvious and said before... by Golden+Section · · Score: 1

      People are acting on that: sales are down for several years now. So far, the RIAA is not listening.

      --
      Nostalgia isn't what it used to be.
    3. Re:The solution is obvious and said before... by agoliveira · · Score: 1

      It's not about the people that are being sued right now but the abuse of power that the RIAA got. It's about their refusal to change their business pratices to follow the technology and choose to sue instead.

      --
      Scientia est Potentia
  83. It's not a crime by MarkByers · · Score: 4, Funny

    if I like the song I have downloaded I will usually buy the album [...] does this mean I am commiting a crime?

    It's not a crime. It's perfectly legal to voluntarily give money to an illegal price-fixing cartel, although the morality is obviously questionable.

    --
    I'll probably be modded down for this...
  84. How about a boycott of all music? by Anonymous Coward · · Score: 0

    What if we took 1-2 years and stopped buying music, at least music that is not indepentant. Also, don't steal music. This way for the next couple of years the RIAA will have no money coming in, and the singers are already rich. Lets make them appreciate us, lets stop this stupidity. Vote with our dollars. Stop going to concerts! Remember when Pearl Jam (i think) was upset because tickets were $27? Now that won't even cover the cheap seats. The are only a Multi-Billion dollar industry because we give them the money.

    Stop pirating and sharing music so they cannot scream about the fact that people are trading music, therefore they are not buying music.

  85. You have some learning to do by CustomDesigned · · Score: 1
    Why support bands who support the evil RIAA? Why not give your hard earned dollars to groups that provide good music with no DRM and a liberal license? Have you tried the small but eclectic and growing collection at Magnatune? I would never spend money on an RIAA CD just to try it. But I can actually give some of the "heavy metal" stuff a serious listen at magnatune (I am normally classical and jazz). I still don't like most of it - but I actually liked "Painful Ambient Industrial Noise". Not at full volume, of course, but it is a very interesting rythmic composition of industrial noises. Reminds me somewhat of musicals like "The Music Man" and "Hello Dolly" which contain numbers with rythm built from background noises.

    So I heard new music, bought dozens of albums (with *half* of the purchase price going directly to the artist), didn't break any laws, and didn't support the RIAA.

  86. Who really profits from these lawsuits by Ilex · · Score: 1

    You have to ask who really profits from these lawsuits. It's not the RIAA and it's certainly not the artists. It's always the lawyers. When the RIAA want something they always go to their lawyers first. They don't know any other way.

    This is why the lawsuits keep continuing and we get stuck with things like DRM. Despite independent opinion polls indicating that these tactics only alienate their customers and ultimately encourage piracy.

    They have stated that they are using a "Carrot and Stick" approach. This sums up the mindset of the RIAA perfectly. No other industry gets away with treating their customers like donkeys. With fat cat execs riding on their backs beating them with lawsuits when they don't do as their told. Of course there is the Carrot of legal downloads but it's attached to the stick by a piece a string called DRM which means the Carrot is always out of reach of the customer.

    In reality the lawyers only serve their own interests not the RIAA or the artists.

    If the RIAA / MPAA allowed DRM free downloads at a price which reflects the value of the content then piracy will decline. It'll never disappear but it'll be a lot lower than it is today. Until they realize this and start treating the buying public as individual valued "Customers" instead of "Consumer" donkeys piracy will continue to grow. But this isn't in the Lawyers interest is it!

  87. Does the punishment fit the crime. by spineboy · · Score: 1
    Clearly most, if not all, of these people are not profitting financially from this "crime", and no physical harm is done to anyone. The massive fines pursued by the RIAA lawyers really seem excessive in these cases. Perhaps community/public service would better serve the accused, and the public, giving them a chance to reflect on their wrongdoings.

    The RIAA will argue that there may be a financial loss, and need to be recompensated. This I believe is rightfully up for debate, as jury is still out on whether MP3 downloading has affected profits. Just remember that not everyone at these record labels are dickheads - many are just normal people, trying to support their family, etc. I do believe that the downloading of these MP3s without having paid for it at least once, is a crime, just like stealing food from a grocery store would be. Morally you are obligated to A) honour that contract and pay for the song, or B) choose not to support RIAA artists, and support other artists who permit free downloading.

    --
    ..........FULL STOP.
    1. Re:Does the punishment fit the crime. by ktappe · · Score: 1
      Clearly most, if not all, of these people are not profitting financially from this "crime", and no physical harm is done to anyone. The massive fines pursued by the RIAA lawyers really seem excessive in these cases.
      True, which is why I'm amazed no defendant has gone to court to call the RIAA out on this. They should have to prove actual damages in order to receive compensation. The fact that each defendant is being demanded to pay about the same amount ($3700) shows it's an arbitrary number that has no basis in fact or reality. The courts should not allow the RIAA to pull a number out of its butt.

      -Kurt

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
  88. It's the same old bull... by __aaclcg7560 · · Score: 1

    Reminds me of my college days when I found out that my Mom had secretly opened a credit card account and the electric utility in my name. When my Mom stopped paying on the card, they came after me. They wanted me to file a police complaint against my Mom or they will force me to pay for the bill. I told them to go take a hike. One, I wasn't going to file charges against my Mom even though she deserved it. Two, as a college student who didn't have any money and worked part time, good luck in trying to collect. It was the same situation with the electric company. I had to wait seven years for these items to fall off my credit record but I didn't pay a dime on any of this.

    Many years later, I found out that the electric company put a notice on my credit record that I defaulted on a bill from a previous apartment that I rented. How much did I owe? Only $2.57 USD. Go figure.

  89. Witch-hunt without much public support.... and yet by GnomeChompsky · · Score: 1

    These RIAA lawsuits remind me of the McCarthy era witch hunts: they have the capacity to ruin lives, sacrificing them to some perceived threat to societal organization or business models.

    But unlike witchhunts 50 years ago, these have little to no public support. Everyone lives in fear, and few in the public think the issue is a problem. Likely, no amount of propagandising is going to convince the public at large that their illegal downloading of free music of the internet is going to harm multi-billion dollar multi-national corporations. Lawsuits like these only make them look petty and vindictive. They have the effect of making people less willing to purchase music from RIAA labels; instead, people just become sneakier about their downloading, if they're savvy, or hope that because there have been relatively few lawsuits to date, they have a statistical likelihood of not getting caught that makes it in their favour to continue.

    I'm not about to say that musicians don't deserve remuneration for their talents. But these lawsuits are verging on extortion. People's natural inclination is self-interest, unfortunately, which means that as long as they can get something for free, they will attempt to. I don't propose to make musicians charity cases, where their income is contingent on the public taking pity on them and paying them in accordance with their ability and appeal. But something has to give -- we now have unlimited supply of recorded musical content. Regardless of what demand exists, the price rational people should be willing to pay for money is $0. These lawsuits, while they're attempting to make it riskier to pay nothing for music, will be ineffectual.

  90. Re:Best. Advice. Ever. by Olix · · Score: 1

    $150,000?? Damn, that is a lot of money. Not wanting to be smug or anything, but It would cost you about £19,000 , or $33,000 to go to Oxford or Cambridge in the UK for 4 years, including accomodation and food.

  91. Is this a joke? by brian0918 · · Score: 1

    If you listen to the crap put out by the RIAA, what are you doing in college? Psychology or English?

  92. From the *AA's perspective.... by idontgno · · Score: 2, Insightful
    there is only one objective: get paid, either in a pre-lawsuit settlement or a post-lawsuit judgement, and thereby vindicating their perspective. The money, and the "points" the money represents, are critical.

    Like all "bill collectors", they want you to agree with them in this. "Paying me is the most important thing you can do with your money. A nice, expensive college is optional. Any college at all is optional. Food is optional. Paying me is mandatory."

    It's a strong negotiation position, that's all. If you make the mistake of agreeing without pushing back...well...remind me again, who's quickly parted from his money?

    I'm actually a little bit surprised part of the *AA's bill collector's spiel didn't start "Do you have life insurance..."

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  93. I have a much better idea by GuloGulo · · Score: 1

    Go to school, but go to a state school (and frankly $150,000 might be possible, but it's nowhere near the average, and way inflated) and max out student loans.

    Then invest the extra (I know you'll want to spend it on beer, but you must be dedicated) and use the difference in interest to pay off everything.

    The average interest rate for student loans is around 3% (please don't be a prick and dig up what you THINK the interest rate is, it's an estimate) and you can easily find mutual funds that return 8-9% consistently and are quite safe (not completely, but safe enough). You keep the difference, and eventually through the miracle of compounding interest, the market pays for school for you.

    Sorry dada, but if you were as bright as you act, you'd have figured that one out on your own.

    And did I mention about half of the interest on your loans is subsidized? Mmmm free money...

    --
    "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
  94. Re:Best. Advice. Ever. by RedQueen.exe · · Score: 1

    So then where do you get the technical experts to support businesses, or do you propose everyone sell collectable socks to each other over the internet?

  95. Of Course They Would Say That by eno2001 · · Score: 1

    It means there will be more stupid people willing to buy their shit products. I'd love for an RIAA rep to call me personally so I could verbally abuse them for a few minutes...

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  96. 8th Amendment? by bloobloo · · Score: 1

    While it may not be against the letter of the constitution, it's clear as day that this is against the spirit of it.

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    1. Re:8th Amendment? by jjohnson · · Score: 1

      How is $3,750 an excessive settlement amount (not a fine), considering that a lawyer appearing in court on her behalf for one day incurs that fee?

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:8th Amendment? by serialdogma · · Score: 1

      Excessive as in beyond your means to pay, not a great figure. But yes, this is not a fine but more of a bribe.

    3. Re:8th Amendment? by duerra · · Score: 1
      How is $3,750 an excessive settlement amount (not a fine), considering that a lawyer appearing in court on her behalf for one day incurs that fee?

      Well, let's see. A few months ago, I got pulled over for speeding, and was also ticketed with no proof of insurance. Due to various issues, I ended up not getting this paid for and had a cop pop by my house one afternoon a few weeks ago. He told me that I either pay him $300 bail, or I go to jail. Of course, I chose the bail.

      I ended up going to court, and all in all my costs came out to about $400-500, after everything was said and done.

      Now, by speeding, I was putting somebody's life in danger, blah blah blah. We know the bit. And even after all the hassle I went through, I still ended up paying "only" ~$400-$500, which I felt was a bit obnoxious for what I felt wasn't really that big of a deal. After seeing thousands of dollars for "settlement" flying around here like it's candy, though, I think I have a new idea of what "excessive fines" really is.

      Of course, not that any of that really matters - I believe all of this only applies to criminal cases, not civil cases anyway. But IANAL.
    4. Re:8th Amendment? by jjohnson · · Score: 1

      Well, that's exactly the issue. Speeding tickets are handled comparatively smoothly: The cops accept bail, you represent yourself in traffic court, the judge orders a fine, and you work it out with a court system designed to handle municipal fines in a variety of ways.

      If the RIAA actually sued Cassie, it would immediately trigger thousands of dollars in court costs, and she would need a lawyer who would charge several hundred just to get up to speed on her case. Then he'd want to see if a negotiated settlement were possible, which would require meetings and telephone calls adding a couple more thousand to his bill. The settlement would then be higher because the RIAA would have to have a lawyer involved on their end. Even minor actions that end up in court cost thousands in lawyer's fees. An actual trial like others have gone through with the RIAA incurs tens of thousands in lawyers fees, and it's not hard to get into six figures if it drags on.

      I say this as someone who was legal liaison at a manufacturer that went through several lawsuits. I handled the legal bill every month, and we spent six figures a year at least just handling normal, run of the mill legal actions that all companies face. In comparison to that, $3,750 is certainly not excessive.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    5. Re:8th Amendment? by Anonymous Coward · · Score: 0

      I say this as someone who was legal liaison at a manufacturer that went through several lawsuits. I handled the legal bill every month, and we spent six figures a year at least just handling normal, run of the mill legal actions that all companies face. In comparison to that, $3,750 is certainly not excessive.

      six figures is a drop in the bucket for a company. It is absorbed as a cost of doing business and passed onto the customer in the form of slightly higher prices.

      Its not the same for individuals, no matter how much you are trying to frame it that way.

    6. Re:8th Amendment? by jjohnson · · Score: 1

      You misunderstood my point. You're right that a corporation can handle six figures in legal fees much more easily than an individual. It's for exactly that reason that $3,750 is not an excessive settlement to pay, compared to six figures, for an individual.

      For an individual faced with a six figure lawsuit, $3,750 is virtually a get out of jail free card.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  97. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Isn't Oxford heavily subsidized by British taxpayers? I heard Cambridge is about £7000 a year for Cambridge, so I think you're correct, but I'm surprised it is this cheap. Then again, I don't know if there is government subsidy in either case, which means the cost to the taxpayer is much higher.

  98. Blah by Spy+der+Mann · · Score: 2, Insightful

    The only "extortion" they're doing is going around people who are guilty of copyright infringment against their members, and negotiating relatively cheap (compared to the fines you'd suffer if they took you to court) out of court settlements.

    Oh, that's the ONLY "extortion"? Oh my, how mistaken I've been, the RIAA is just worried about doing justice, how heroic of them!</sarcasm>

    And, quite honesty, in 2006, if you're being sued for distributing someone else's work on a network that makes them available to millions of anonymous strangers, then you only have yourself to blame.

    Yes, the problem is when you didn't do it but the RIAA says you did.
    It's NOT justice if you have to spend thousands of dollars to prove your innocence.

    Another thought: Is that law good if it forces you to pay extra taxes to get a product that is under absolute control of a monopoly?

    I'd agree with the lawsuits if the RIAA didn't force people to buy only their products - I'm talking about forcing distributors and radio stations NOT to publish music from independent artists. If I bought an original CD and later I download one of the files in it (because it got scratched or something), I'd get sued by the RIAA anyway.

    And don't get me started into DRM.

  99. Re:Best. Advice. Ever. by Jetekus · · Score: 1

    Wow, way to be the stereotypical yank. Believe it or not, another reason to go to university is academia, not so you can make a pile of cash.

  100. Buying used changes nothing. by k.a.f. · · Score: 1

    Or... if you still like the artists but hate the RIAA, buy the CD used. No more money goes back to the RIAA and you still have the CD.

    This is such a misconception. Buying used CDs contributes to a demand for them. This makes people more inclined to buy new CDs, since they can be resold relatively easily. Just consider how much more willing people are nowadays to buy the latest gadget of the year, just because they know they can offload it on eBay next year with no trouble.

    Sorry, buying used CDs is not the answer.

  101. Re:Best. Advice. Ever. by dada21 · · Score: 1

    So then where do you get the technical experts to support businesses, or do you propose everyone sell collectable socks to each other over the internet?

    The best experts come directly out of the business world themselves -- they've grown by climbing the ladder. Since America has switched from an entrepreneur-based business culture to an MBA-driven one in the past 20 years, I believe you can show that American businesses are the worst run -- micromanaged, overbudgeted, underperforming and inefficient. The more I research business opportunities in the US versus other countries, the more I see why I travel as much as I do -- there is MUCH more money to be made elsewhere, and in less time.

  102. Re:i've got suggestion for colleges by castoridae · · Score: 1

    I agree with last post - why is this flamebait?

    The colleges can't block them out - there's no direct contact between the students' PCs and any RIAA-controlled servers (well maybe if an RIAA employee is on a p2p network posing as a user - but they don't necessarily sit at RIAA HQ to do that). The problem is, the RIAA bullies/subpoenas/asks ISPs to give out IP addresses that are known or suspected to have downloaded illegal content from sharing networks, etc.

    A better approach might be for the colleges to block access to file sharing networks - although this is pretty tough to do if it's true peer-to-peer. I think they'd have to actually sniff packets and try to determine when someone is using protocols from the major file-sharing platforms. Obviously, huge privacy issues here as well as cutting online freedom in order to protect the students.

    The real answer is probably going to have to be a "soft" one. Educate students, enact university-level policies to help protected students legally, etc.

  103. MPAA/RIAA must be stopped by selil · · Score: 1

    If argument and discussion have not enlightened our politicians to the extortion and exorbitant attacks by RIAA/MPAA on consumer what will it take? When will those charged with engaging in the interest of the people actually become engaged? The last time somebody created a base of law to protect their industry and exploit the consumer they dumped in the Harbor in Boston.

    Unfortunately the technophiles, the technologists and the consumer base that supports the behavior that RIAA/MPAA is objecting too is the same disinterested political groups that never get involved in electoral politics. The same group that talks about enlightened borderless societies of the Internet are not enlightened enough to act on the most obvious of political issues impacting their lives.

    RIAA/MPAA has to be stopped sooner or later. Constraint of use, the simple principles of ownership, and the intellectual merits of copyright protection are appropriate debatable issues. The issue is racketeering and violation of consumer rights supported or not by the law base is anathema to the continuation of the contract between producer and consumer. If I can't use the property I purchase then in what way is the sale valid?

    Illegal pirating of music is an issue that has to be dealt with, but if the industries will not adapt to the realities of the world society will move on without them. In fighting the advancement of digital music and constraining the practices of consumers MPAA/RIAA is taking the role of the caveman fighting the advances of the wheel. The artists are not happy, the consumers are not happy, the market model is flawed, and at what time has a capitalist society ever allowed a broken production consumer model to continue?

    RIAA/MPAA has to be stopped. The consumers who know about the topic must become engaged to overcome the strategic political position of the entrenched bureaucracies of luditism within the industry.

    --
    --- Location Unknown
    1. Re:MPAA/RIAA must be stopped by sabat · · Score: 1
      The "illegal pirating of music" will stop when

      • more and more bands leave major (and minor) labels and start promoting themselves
      • the bands give their music away in exchange for patronage (you donate to artists and get special privileges depending on how much you pay, up to parties with the band, backstage access, etc.)
      • the major labels begin to be closed down by their corporate parents

      There is no US Constitutional basis for the concept of "pirating." The Constitution says that artists (not companies, only artists) can have a limited monopoly because this encourages the creation of more art. The copying of music would otherwise fall under the first amendment, i.e. freedom of expression.

      Since technological advancement is now pressing the issue, the fight will continue until the business paradigm changes for good. Unfortunately, there is no longer a need for a middleman like a major label; recorded music is no longer tied to a tangible good. (Perhaps that's not so unfortunate.) Therefore, the music can no longer be treated as a physical piece of property, and is no longer scarce; it has no inherent monetary value (despite how much you might like a song).

      The jig is up.

      --
      I, for one, welcome our new Antichrist overlord.
    2. Re:MPAA/RIAA must be stopped by achbed · · Score: 1

      the bands give their music away in exchange for patronage (you donate to artists and get special privileges depending on how much you pay, up to parties with the band, backstage access, etc.)
      How is this any different than today? The bands *do* give their music away - it just goes to the record labels who then chrage for the privelige of taking the music off the band's hands. Whoever then pays the labels the most money then gets access to the band... Sounds a lot like what you're proposing! [sarcasm]Why change it and eliminate the middleman? It's not like they're screwing the band over or anything - and you get the high-quality acts you see on tour today! (e.g., Britney, the Boy Bands, and the old fogeys on tour for the last time (we promise!) aka Aerosmith, Stones, etc.)[/sarcasm]

  104. BUY MY CHILD DOT COM? by Anonymous Coward · · Score: 0

    For all of you moderators who gave this guy Interesting and Insightful mods -- in spite of the many excellent replies which rip his position to shreds -- I recommend you check out his site www.buymychild.com. He's asking for donations for his wife to have a tubular reversal because she "had no choice" but to have her tubes tied. The fact that there are shitloads of babies waiting to be adopted doesn't seem to matter to this guy. And this "had no choice" bullshit smacks of the very same "victimization culture" that he portrays in his post above -- "the evil forces of the world are conspiring against me, even though all I want is free music and the ability to disregard needy orphans and sire my own offspring. Why is life so unfair to me?"

    1. Re:BUY MY CHILD DOT COM? by Grishnakh · · Score: 1

      Yeah, I saw that too, and I think it's ridiculous. For one thing, it only costs a measly $6k to get the operation, according to his site. $6k would buy you an ok used car at today's prices, and probably wouldn't even cover a downpayment on a house. If you can't save up $6k for an operation, how the hell do you expect to pay the high costs of raising a child? All those diapers, doctor visits, baby food jars, etc. aren't cheap, and it just goes up from there.

      He sounds like a real whiner to me, or even worse a scammer trying to get people to give him money for nothing. Maybe I should make up some B.S. sob story and start a website with Paypal links so I can get free money while I spend my time posting on Slashdot instead of going to work.

    2. Re:BUY MY CHILD DOT COM? by Anonymous Coward · · Score: 0

      Exactly. I wouldn't give ANY money for something like this unless it was handled through a reputable 3rd party agency.

      6,000 is not a lot of money. If he really has all of the coding skills that he mentions on the website he should be able to make that much above and beyond his normal line of work, no problem!

    3. Re:BUY MY CHILD DOT COM? by Grishnakh · · Score: 1

      6,000 is not a lot of money. If he really has all of the coding skills that he mentions on the website he should be able to make that much above and beyond his normal line of work, no problem!

      Yup. It's not that hard to save up 6k: live cheap, turn off the A/C or heat, stop eating out and buy your food from Sam's or Costco, learn to fix your own car, cancel your cable or satellite TV subscription, etc. Maybe even look for a new job; most tech workers get a big raise every time they pick up and move to a new job.

      They're probably in the same boat as a lot of Americans these days: they're up to their eyeballs in consumer debt because of numerous stupid decisions, and now their credit rating is in the toilet and they have no hope out. That's no environment for a child to be raised in; if someone can't manage their finances worth a damn, then they have no business trying to raise children (and especially asking for handouts in doing so).

      Pathetic.

    4. Re:BUY MY CHILD DOT COM? by RedQueen.exe · · Score: 1

      While I otherwise agree with your point and am assuming the story is complete BS, you're totally wrong on that part about "shitloads" of babies waiting to be adopted. What there are "shitloads" of are CHILDREN waiting to be adopted, many who weren't raised so well during the first years of their life or had bad events happen to them, and also some that are suffering from any number of ailments, either physiological or psychological. Babies to adopt are in quite high demand, it's KIDS and TEENS waiting for adoption that are in such large supply.

  105. Re:Best. Advice. Ever. by spxero · · Score: 1

    You are absolutely right. A hard-working person with a clear goal can get ahead in life. For a fair amount of people, this means going to college to study a specific field. You were lucky(and hard working) in that you applied business tactics(i.e. getting your foot in the door at a lower rate). But, as you will most likely agree, what works for some does not work for all. Some people need college to help them figure out what they want to do. And what they like to do at 18 isn't always what they like to do at 23.

    Now, I agree that working extra hard is the best way to get ahead. I currently am working two jobs, one as a network engineer and the other as an assistant admin pulling about 60 hours a week. I also just graduated college 8 months ago. I don't think that quite that many people are putting themselves behind by going to college, but I think many of them are going to more expensive schools to get the college experience or what they feel is a better education when all they need to go is to the community college for two years and finish up at the nearest state college.

    Statistics also seem to show that out of college, the average student will be paid better than the high school graduate. I personally could have made probably the same out of high school, but it would have been much more work and much harder to get a job. I've found that many employers don't care what school one goes to, just as long as they went. And some of my friends went to school just for that. For them, it was an extension of high school and after five years they continue to have no direction.

    I think that the value of the education and the value of the time spent is highly dependent on the person. You were highly motivated, and in turn are highly successful. You would have probably excelled in college, but are still successful in the real world. I wasn't highly motivated until my third year into college, and I believe it took those extra few years to help motivate me.

    Whether the extra years are wasted is disputable. The numbers you gave show a 15 year gap between the hard working hs grad and the working college grad. I'll bet that if they are both hard working individuals doing the same job for the same amount of time, the college grad will come out with more money in the end. Why? Because he has that piece of paper that employers like to see. This won't be true in every case (such as yours), but I think it is true overall.

  106. Don't take it out on the indie labels by Poppler · · Score: 1

    Since the RIAA insanity started.. I have purchased ZERO CDs ....It pains me sometimes because I want to buy CDs.. I almost do it.. and then refuse to because of how they are behaving. I'm all for boycotting the RIAA, but consider buying CDs from indie labels. Most of the great new music being recorded today is being released on non-RIAA labels anyway.

    --
    What's the ugliest part of your body? Some say your nose, some say your toes, but I think it's your mind. -Zappa
    1. Re:Don't take it out on the indie labels by ScottLindner · · Score: 1

      Thanks. I'm too stupid/ingorant of how the biz really works to know what does and does not support the madness. So I've been avoiding it all.

      --
      Slashdot.. where people join together in deliberate ignorance.
    2. Re:Don't take it out on the indie labels by Poppler · · Score: 1

      As long as that works for you, godspeed. Personally, I am a huge music fan and can't really imagine not getting into exciting new music - and thanks to the plummetting price of recording and distribution, there is a lot of it now being produced independently of the giant media corps.

      --
      What's the ugliest part of your body? Some say your nose, some say your toes, but I think it's your mind. -Zappa
    3. Re:Don't take it out on the indie labels by ScottLindner · · Score: 1

      I use www.pandora.com to get my new music fix, or listen to the radio.

      --
      Slashdot.. where people join together in deliberate ignorance.
  107. A simple matter of intimidation by wuffalicious · · Score: 3, Insightful

    I suspect, when it comes right down to it, the RIAA's policy as far as lawsuits are concerned really have nothing to do with enforcing the law. When you look at the pattern of their lawsuits, it almost seems that they intentionally avoid sparing anyone - be they children, old women who have never used a computer before, or people who more than likely had someone sneak onto their unsecured wi-fi network. These are people who are either obviously innocent, or don't deserve to be subjected to lawsuits that could cost them tens of thousands of dollars. At their worst, most of these folks a being nailed for a few bucks worth of music. The punishment doesn't particularly fit the crime, in this case, and the RIAA likely knows this. Frankly, the penalty for downloading copyrighted material is rather terrifying. The lawsuits filed by the RIAA are an attempt to capitalize on this terror. They're not designed to stop dedicated pirates. As many people have pointed out in the past, dedicated pirates will get what they want regardless. However, by creating an atmosphere where you just don't know who's going to get sued next, they intimidate your 'average Joes' into sticking off the filesharing networks. The fact that these lawsuits pretty much pay for themselves is an added bonus.

    What really gets my goat about this entire campaign is that it's done at great expense to many of its victims. These are people who are being subjected to lawsuits for no purpose other than to make an example to the rest of the country of just what happens when you mess with the music industry. They bear an unfair burden, under the law, to scare those the industry can't catch in the act into getting in line. I hope this madness comes to an end soon.

    1. Re:A simple matter of intimidation by Reziac · · Score: 1

      It has more to do with frightening people away from LEGAL downloads. After all, if you're afraid of downloading *any* content, that makes it harder for an *independent* artist to distribute his own content via the net. And the RIAA is not about creation, it's about maintaining a *distribution monopoly*. If artists find other ways to get their product into customers' hands, the RIAA becomes redundant.

      So... scare the customers away from those alternative channels, preferably before they become the preferred method for new artists.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  108. Fewer law students by Anonymous Coward · · Score: 0
    . . .the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements.""
    As a bonus they won't become lawyers. Thus avoiding becoming pests and working for, ohhhh I don't know, let's say a recording industry trade group.
  109. List of RIAA member labels by Krotos · · Score: 1
    Courtesy of the RIAA:

    http://www.riaa.com/about/members/default.asp

    I plan on boycotting every one of these labels until the RIAA stops ruining kids' lives with these draconian lawsuits. Sure, illegally downloading copyrighted songs is wrong, and I don't oppose the idea of some kind of legal action against people who, say, download and redistribute 10,000 of them. But the penalties for small-time downloaders are getting totally out of proportion to the offenses committed. The RIAA is using a sledgehammer to kill flies, and it will continue to do so as long as we continue to give its members money.

    -K.Ai.-

  110. I think I'll pass on their advice, thanks. by superdude72 · · Score: 1

    They can only garnish, I think, 25 percent of your wages. It's hardly worth dropping out of MIT because of a 25 percent pay cut at your work-study job at the Sports & Rec center, and they know it.

  111. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    $150,000 for 4-5 years plus 4-5 years of your most productive part of your life lost to "education?" Go and invest that $150,000 in your own business and you'll be much happier (and successful).

    Assuming your $150k mark is correct, you're suggesting a 17-19 year old would be able to get that amount over a 4 year period for their own business? I highly doubt it. Secondly, not everyone is cut out to run a business, even a small one. Personally, I don't think I'd be able to do it. More importantly, it doesn't really interest me.

    I got a job paying $50k out of college (which required a degree). I was able to live at home for 2 years after graduation paying for my share of the utilities and a small rent to my mom (~200/month). In those 2 years, I was able to pay back the roughly $30-35k in low interest school loans I had accrued in college. My investment has already paid for itself. College was quite worthwhile to me, not to mention I like to learn.

    I'm not saying college is the only way to go. Way too many people go just because they don't know what else to do. Certainly, if you have the aptitude for running a business, go for it! I knew two brothers in high school that grew their lawn cutting business to the point where once they graduated from HS, had their own fleet of trucks/trailers and lawn care hardware. Their dad even quit his job to work for them.

    Likewise, you could go into the trades after high school and probably do about as well as I have. But to suggest college isn't worthwhile to most people, isn't accurate.

  112. How You Can Fight RIAA by vinn · · Score: 4, Insightful

    There's more you can do than just boycott RIAA labels. Here's some ideas:

    1. Write your congressman - you can even do it via email. Follow this link for a really simple way to do that. Will they listen? If enough of you complain they will. (Don't be negative and say democracy doesn't work.)

    2. When you talk to your friends, let them know this is going on. Believe it or not, a lot of people don't know about this issue. The more people you tell, the more this becomes an issue.

    3. This stuff is making the mainstream news. When you see this issue come up in a newspaper, write a letter to the editor about it. More people read letters to the editor than articles in the paper. Tell people the ideas in this message to get them to not support RIAA.

    4. Complain on artist websites and give artists bad press. Not planning on buying the latest Bruce Springsteen CD? Why don't you write him and tell him you're not doing it because he's on a RIAA label. Big artists are not "victims" of decisions by their labels.

    5. Buy indie labels and let people know you're buying indie labels.

    6. Buy a t-shirt about this. Here's some to choose from:
    #1, #2, and #3

    Your other alternative is to not give a fuck like everyone else. Everyone has to have their issue and maybe this one isn't yours. Hopefully I've given you some ideas for getting involved about something though.

    --
    ----- obSig
    1. Re:How You Can Fight RIAA by earthstar · · Score: 1
      There's more you can do than just boycott RIAA labels. Here's some ideas:

      I bet moaning about evils of RIAA on Slashdot incessantly story after story isnt one of them.

    2. Re:How You Can Fight RIAA by cheaphomemadeacid · · Score: 0

      Why isn't mailing the **AA's members to tell them that their ass. [sic] is out of control!

    3. Re:How You Can Fight RIAA by jjohnson · · Score: 1

      If you plan to write your congressperson, I suggest doing it in a nicely typed or laser-printed letter, written politely and logically. Emails are easy to dispatch, and staffers apparently treat them with the same disdain. The more effort you put into your communication, the more weight it's given. 100 envelopes have a lot more impact than 1,000 emails.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    4. Re:How You Can Fight RIAA by dasheiff · · Score: 1

      2. When you talk to your friends, let them know this is going on. Believe it or not, a lot of people don't know about this issue. The more people you tell, the more this becomes an issue.

      1. Sony is part of the RIAA.
      2. Sony makes Play Stations.
      3. I don't buy Play Stations. (or any Sony product)
      4. Everyone wants their Play Station.
      I think they just think I'm crazy that I boycott the RIAA and don't buy anything from any of the signed on companies, you know, like Sony.

    5. Re:How You Can Fight RIAA by necro2607 · · Score: 1

      Just bought the "F the RIAA" t-shirt, and a sticker with the same thing on it (which will make a very decent bumper sticker)! heheh... :)

    6. Re:How You Can Fight RIAA by cojerk · · Score: 1

      > Your other alternative is to not give a fuck like everyone else.

      Ok. I'll do that then. Honestly I couldn't give a shit that this girl got caught breaking the law.

      Not everything is free or public domain. Performers in the arts and entertainment industry should have the right to charge for their material if they want. Get used to it.

    7. Re:How You Can Fight RIAA by cyberphotographer · · Score: 1
      Better still, each time you download a track via p2p, google the address of the musician and post them a quarter and a note explaining what it's for.

      A non-profit website which takes micropayments so that p2p'ers can make voluntary payments and can see when artists collect their dues would make a great community project.

  113. Re:i've got suggestion for colleges by Gunfighter · · Score: 1
    Bah... don't block them out. That will only make them try harder. If you really want to get their panties in a bunch...

    1. Hire a rage-o-holic as the network administrator or IT director
    2. Give the new hire free reign to ridicule, yell, threaten, humiliate, and otherwise scare the holy crap out of any and all RIAA employees, representatives, and/or legal counsel who call and try to get information about students using the network (threaten to ring them up on racketeering charges or DMCA violations)
    3. Be sure to put in (confidential) writing that your rage-o-holic has every right do this without repercussion from the college or university no matter what they say or do
    4. Have the rage-meister keep it down to pure verbal abuse (no hitting, swearing, or cussing)
    5. Make it so that the people from the RIAA are scared to pick up a phone knowing that the "Rage Machine" is on the other end of the line
    6. When the RIAA cronies call Rage Machine's boss to complain, make sure you act serious and as if you'll be getting to the bottom of this matter straight away. Try not to burst out into laughter while still on the phone with the RIAA stooge.
    7. Make sure you record all of the conversations so you can publish them as a comedy CD
    8. As a sinister plot twist, sell the CD for profit via an RIAA record label and have the RIAA go after anyone who tries to infringe on your copyright.
    9. Profit!!


    --
    -- Stu

    /. ID under 2,000. I feel old now.
  114. One more example to abolish college selectionism by sethstorm · · Score: 1, Interesting

    note: if the parent poster is screwing around, personally I dont care.

    Actually, if she had the grades and the money to get into M.I.T. , she should have had enough 'smarts' to not do what she did.

    Think of this as intellectual Darwinism at it's finest. If she had no clue about pirating , she is NOT
    M.I.T. material.

    Either way, it proves beyond simple reasoning why any student should be able to just go in unimpeded by a "Prestige Class" syndrome - no admissions committee, no ding letters, no "crafted to fail even the smartest" scholarships - just purely open admissions. This way people do get to learn, and possibly have less worry about staying there as they arent beholden to admissions critieria.

    Let her learn, then tack on the $5000 fee to the student loan as a suggestion. To suggest a destiny of a debtors prison is hinting that they dont even care how blatant they are. They just want their money, and they dont care if they look like Boss Tweed.

    Of a more ironic note, note that open admissions universities were some of the first to be targeted while the Ivies all but get delayed action or get bypassed in the name of "education". It's something to think about every time you see another lawyer grow his or her horns and work another case for the *AA.

    What is left to Darwin will be made up when the matters of survival are made more primal. What is not left to Darwin and externally corrected in favor of the many will remove the purpose to go postal.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  115. Still waiting on the P2P musicshare virus. by flatcat · · Score: 1


    I can't wait until someone finaly writes a virus that infects you, installs P2P software and open shares all your music files. At least this way there will be a documented way that you can claim your music files were shared without your knowledge or consent. If hundreds of thousands of computers get infected and everyone starts crying fowl and actually fights a RIAA extortion in court because of this, it may force the RIAA to have to issue a cease and desist or warning prior to trying to extort money from everyone.

  116. Re:Best. Advice. Ever. by Olix · · Score: 1

    Oxford and Cambridge are actually the cheapest universities in britan to go to. There is the three thousand a year tuition fee, which is standard over all universities, and the accomodation, which is on campus for your entire time there. This means you only pay for the accomodation for the 32 weeks or so the uni is teaching, so you can run off home to hang out with your parents during holidays. This differs from other universities, which would have you living in rented accomodation after the first year, accomodation which you'd have to rent at a full 52week contract. That is how I understand it, anyway.

    And yes, you are right. The universities are heavily subsidized. The important part, however, is that the best universities in the country do not cost loads more than the worst universities, so an intelligent child from a poor household can go and get his/her Oxbridge degree, instead of being limited to a shitty polytechnic because of the economic situation of his/her parents.

    Originally, there was not even the tuition fees, so that you could attend university for 3 years on very little money. It pisses me off how 'unlabour-like' the current goverment is.

  117. Re:TFA (she's an asshat) by smooth+wombat · · Score: 1, Insightful
    Either since the day I visited my first aquarium or the day Goldie came into my family's life, our parents have told us not to tap the glass of the fish tank. It's cruel to Goldie -- I understand and respect that. I mean, heck, I am a vegetarian.

    Ok, sounds good. Be nice to animals because she's a veggie.

    But would we have many qualms over a little water perturbation if Goldie were, say, a bloodthirsty shark? I'd knock on that glass to the near-cracking point.

    Except if they're not cute and cuddly.

    Please, RIAA -- if any competent representative happens to enjoy flipping through The Tech -- please tell me Bowie is a moronic tool who can't help what the Superior Gray Coverage Golden Blonde hair dye does to her mental facilities.

    Calling your accuser a moron does much to further your image as someone who is innocent.

    Your evil pirates are people too,

    So you're admitting you're a pirate. Acceptance is the first step.

    people who enjoy music and almost always still purchase it legitimately.

    Almost only counts in hand grenades and horseshoes.

    Each has an individual life and circumstances that deserve consideration, if not for the sake of empathy for your fellow man, then for the sake of business sense.

    Your life and circumstances are irrelevant to the situation. You chose to make a decision about whether to pay for a product or service. You chose not to pay. The RIAAs business sense tells them that to allow people to not pay for the product would mean they and the music industry would not survive. Self preservation and all that.

    Sure, if you commit a crime against someone, you should be held accountable.

    Which is exactly what is taking place.

    But I find it horrifying that anyone would single-mindedly and without compassion process people like a meat grinder set to purée.

    No one said the penalty would be pleasant.

    So while the RIAA continues to play the part of shark, I'll continue to stand behind the glass, tapping away, wondering which of us is on displa

    Which goes back to my opening remarks about your lack of resolve about being a vegetarian and being kind to all animals.

    She's whining because she got caught and contradicts herself about being cruel to animals. Guess what girlie, you're boned. Suck it up and deal with it. Maybe you'll learn something about taking something which isn't yours and being nice to all animals.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  118. It's a recruitment technique by ID10T5 · · Score: 1

    The RIAA representative is smart enough to know how dumb they are. They figure if they encourage the students to drop out, they are increasing the pool of future RIAA representatives. The students would be more than qualified, as they already know how the system screws people over.

  119. You know RIAA will spin this by jandrese · · Score: 1

    I can see the ads now:

    Little Johnny went to college, a highly prestigous college. He had a bright future ahead of him, a beautiful girlfriend, a seemingly endless supply of all of the best music from yesterday and today at an unbelievable value, but then something went wrong, terribly terribly wrong. Little Johnny started downloading MP3s, the file format of pirates. Soon Johnny couldn't afford to stay in college anymore, his MP3 habit bankrupted him and forced him to drop out just to pay the bills. Now he works as a gas station attendant and lives in the oil pit. Don't let this be you, don't download MP3s.
    -- RIAA

    --

    I read the internet for the articles.
  120. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Assuming your $150k mark is correct, you're suggesting a 17-19 year old would be able to get that amount over a 4 year period for their own business? I highly doubt it. Secondly, not everyone is cut out to run a business, even a small one. Personally, I don't think I'd be able to do it. More importantly, it doesn't really interest me.

    You're right, there. The $150K is more than tuition costs, it is a number based on my experience from friends who graduated from higher-end universities, and I based it on the additional cost my average friend had above what they'd pay if they were in the business world. I do consider some of that to be partying and lifestyle costs, too, which a new business owner tends not to spend on as they're working hard to build their future rather than wasting it on beer, CDs and drugs :)

    I got a job paying $50k out of college (which required a degree). I was able to live at home for 2 years after graduation paying for my share of the utilities and a small rent to my mom (~200/month). In those 2 years, I was able to pay back the roughly $30-35k in low interest school loans I had accrued in college. My investment has already paid for itself. College was quite worthwhile to me, not to mention I like to learn.

    And I'd say that maybe 50% of the people in college today should stick with it, just not in a huge expensive university if they're looking to get a $50k a year job. $50k a year is good income, I'm not knocking you, but to spend $20k a year at a high end college for a $50k job seems counterintuitive to me. State or community colleges offer similar first-2-year educations for well less (even though they are subsidized by taxpayers which I am against), and you can finalize your education at the high end college if you wish. It just seems that people are piling on too many student loans for little return -- I have numerous friends who are in their 30s and still paying their debt for college off and never getting ahead finance-wise.

    Likewise, you could go into the trades after high school and probably do about as well as I have. But to suggest college isn't worthwhile to most people, isn't accurate.

    Here's my problem: the State makes it too easy for people to go to college and build up college debt. This over-demand causes tuitions to go up, and brings to the market MORE people in a given field which tends to lower salaries as the over-supply of graduates is available. It also reduces the supply of people who would likely have done just as good in a laboring position or a trade position, which seems to "mess up" the free market's needs.

    In the long run, this leads our country to gross inefficiencies and an imbalance of people who NEED these high paying jobs which are quickly disappearing as they have no support structure beneath it. I've seeing MANY of my old clients hurting because the brain-labor costs are so high, but they can't find people to do the manual-labor in their market. In the short run, I think "we" will do fine as a nation, but I foresee many problems in the coming decade or two, and in the long run I blame it on over-educating people without offering them a market reason for getting that education.

  121. Don't do the CRIME if you can't do the TIME by Anonymous Coward · · Score: 2, Insightful



    Don't do the CRIME if you can't do the TIME.

    And did you know that "copyright infringement" gets you more time than theft ("grand larceny")? Do the first, get busted, go to jail for five years AND a $250,000 fine. Do the latter, get busted, and maybe go to jail for one to three years, and maybe pay a $10,000 fine.

    1. Re:Don't do the CRIME if you can't do the TIME by ArsenneLupin · · Score: 4, Funny
      And did you know that "copyright infringement" gets you more time than theft ("grand larceny")? Do the first, get busted, go to jail for five years AND a $250,000 fine. Do the latter, get busted, and maybe go to jail for one to three years, and maybe pay a $10,000 fine.

      So the solution is simple: hold up a record store, pay the RIAA with the proceeds, and keep the rest to yourself.

    2. Re:Don't do the CRIME if you can't do the TIME by cultrhetor · · Score: 2, Funny

      Let's pause for a moment and consider a few things: first, Anglo-American copyright law since the Statute of Anne (circa 1700) has been built on print. It arose from print, meant to protect publishers. Since subsequent recodification of copyright law under Queen Victoria in 1842, the law has also protected the idea of "originality" and "authorial substance"; however, its primary purpose has always been the protection of the entity responsible for publishing and distributing the information.

      Over ensuing decades, little has changed but the fines - the wording of copyright law hasn't changed much at all. The problem is that under its original framing, copyright law was designed to maintain the integrity of original content; however, with digital content, the integrity does not deteriorate. Our model of law coincided with the age of print - based on physical, concrete substance and actual space. Digital space is foreign to our current body of law - an entity such as the RIAA obtaining your IP address without probable cause violates rights to due process as well as protection from unwarranted search and seizure, especially when one considers that the RIAA is not a recognized law enforcement body, and therefore could never obtain a warrant - thus having no right to search. Would you say that your neighbors could walk into your house without your presence or permission, look around for something illegal, and then call the police?

      --
      "Tu fui, ego eris" - Virgil
    3. Re:Don't do the CRIME if you can't do the TIME by quinto2000 · · Score: 1

      whoah there, brother. the fourth and 14th amendments only apply to the federal government and the states, not to private actors.

      --
      Ceci n'est pas un post
    4. Re:Don't do the CRIME if you can't do the TIME by cultrhetor · · Score: 1

      When private actors do it, it's called "illegal entry," or "breaking and entering."

      --
      "Tu fui, ego eris" - Virgil
    5. Re:Don't do the CRIME if you can't do the TIME by Flendon · · Score: 1

      You are forgetting that illegal search, probable cause and the other keywords you are flinging around only apply to the US government. The RIAA is not bound by such constructs. In fact the current system actually supports them doing many things the police would never consider to gain your information.

      --
      chown -R us ./base
    6. Re:Don't do the CRIME if you can't do the TIME by salec · · Score: 1

      Then there is gapping hole in protection of rights. In fact, then rights are not rights that protect someone, but list of can't do-s for just one specific player - the government. Those restrictions were ment to "level the field" because it is assumed that state always has an uneven, overwhelming power upon any individual. But, the world is full of inequalities and bullying "the small guy", so nailing down only the one on the very top of list of potential purpotrators does very little to help.

      What is worse (and a bit new, regarding the times when the system was designed), today certain individuals or private groups can indeed "take out" the state itself, by corrupting or otherwise subduing elected officials and officers, or by playing restrictions of state power against the state. That applies essentially to organised crime syndicates but not only to them. What is the difference between the mob families alliance and various "Industry Associations"? Given enaugh lobbying power, wiseguys could also dictate laws in their own benefit, laws that would make their actions smoother legal and even assisted by law enforcment. All that is needed is to put all the blame on the victim.

      For instance, fictional(?) GIAA ("Gambling Industry Association of America") could push the law making any attempt of the casino customers (players) to level the odds a felony. That would be equivalent to DMCA - something that is significant only to someones' special interests, with that interest beeing morraly objectional no less (against the "fairness"), now is a law that bonds everyone.

      Or, PIAA("Prostitution ...") could push the law against unauthorised use of certain kinds of clothes, lingeries or "toys", hair colours, phrases or doing *certain things* in *certain way*, "because it hurts their profits, as customers are using their services less and less, because customers' partners are illegally providing the same for, in some cases, even no payment at all!(Where is this world heading!)" - something that affects and criminalises certain (very) private aspects of individuals' lives.

      WELL, HOW IS IT ESSENTIALLY DIFFERENT FROM WHAT OTHER -IAAS DO? (please look further then just "they don't do anything illegal")

    7. Re:Don't do the CRIME if you can't do the TIME by Rhipf · · Score: 1

      The way I read things was that the infringements on the constitution that were talked about only apply to government agencies. This is not to say that the *IAAs were not doing anything illegal. The statements were indicating that the constitutional restriction just didn't apply in this case. If someone breaks into your house and finds that you are engaged in some form of illegal activity they can call the authorities and have you arrested. YOU could then turn around and have the person arrested for break and enter. The evidence against you would hold up in court though.

    8. Re:Don't do the CRIME if you can't do the TIME by Flendon · · Score: 1

      Rhipf hit the nail on the head. The only problem here is that *AA's are not actually breaking into anyones house. They are just twisting the arm of your ISP and asking them for information that the ISP already collects on you. Neither the *AA's or your ISP are breaking any current law, though they are breaking your trust. So anything they get in this manner can be used in a civil case against you, but you have no means of having them arrested.

      A law needs to be put in place to prevent a persons ISP from giving this information to anyone except a law enforcement office with a warrent. To get that to happen though someone needs to convince more members of congress than the *AA's can afford to convince. I don't see such a law passing with our current greedy officials, do you?

      --
      chown -R us ./base
  122. RIAA insurance by Anonymous Coward · · Score: 0

    Can't I buy RIAA insurance? I pay $35, and if I get caught by the RIAA, my insurance pays the $3,500 ransom.

    1. Re:RIAA Insurance by DragonTHC · · Score: 1

      no, they'd take everything once and bankrupt the organization.

      worse yet, the riaA would get the FBI involved claiming that the organization was organized crime.

      then they'd come and steal all your computers and take all the money as evidence.

      then you'd all go to jail for downloading music, but under charges of organized crime like racketeering.

      --
      They're using their grammar skills there.
    2. Re:RIAA Insurance by sweborg · · Score: 1

      Yes agree, if the organization was located in the US. But what if it was located outside the US? In a country were downloading music isn't illegal. I know this subject is a black/grey area but forcing young people to drop out of college is in the same category. The RIAA works the same, a group of members (record companies), joining forces, using the power of money to get influence and protect their interests. Why can't we who doesn't agree with RIAA do the same?

  123. Um. Loans? by m0nstr42 · · Score: 1

    I don't know about these kids, but the only way I made undergrad (and Med School for my wife) happen is, as the commercial says "I'm in debt up to my eyeballs!". I suspect this is the case for most (all but the richest) students. Student loans have a designated set of things you can spend them on, and I'm guessing (maybe not?) that paying off lawsuits is not one of them. So it's not like you can drop out of college to divert funds to paying off some lawsuit. You may be able to free up whatever you're paying out-of-pocket, but if anything I would think this would make you elligible for MORE student loans. This is clearly just an intimidation tactic, since it makes so much more sense to adjust your loans, finish college, get a job, be in a much higher income bracket and have some hope of paying off the settlement.

    Does anyone actually know how a lawsuit affects student loan status? I've also always wondered.. what happens when someone really does sue you for more than you have? Is the collection regulated by the government or something?

  124. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Believe it or not, another reason to go to university is academia, not so you can make a pile of cash.

    Academia and cash go hand in hand. Cash is nothing something ethereal or complex, money is merely a store of your time-worked to be redeemed to save you time in the future.

    If you work X hours, you work so that you can save X+5 or X*2 hours in the future. Say you mow a lawn and receive 50 units of time stored. You save this time wisely, and later you realize that rather than hiring your own theater group to perform for you, you redeem 500 units of time stored for someone else's time to build a TV and make a TV show.

    Money is not complicated, and that time-saved today could mean you can redeem that time for more learning later. Academia is swapping the time-saved that you have in order to have someone help you learn a topic with their time -- I find that I can better learn myself on my own time rather than giving up my time-saved for someone else's time.

  125. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    let's look at our stats:
    less than 1 in 10 businesses succeed.
    you've had 2 failures out of 20.
    2/20 = 1/10

    maybe you -should- go to school.

  126. Re:Best. Advice. Ever. by AcidPenguin9873 · · Score: 1
    I think the grandparent was referring to technical expertise necessary for building the foundations of a technical business, not "business skills" that can be acquired with experience in the business world. I'm not sure what sort of business(es) you're involved in, but the fields that interest many people basically require attending a university (or higher) in order to learn the concepts and practice applying them. Such fields include most math, science, engineering, and medical disciplines.

    Now, it's entirely possible that someone who is extremely motivated would be able to read textbooks, read conference papers and journals, and set up experiments/projects on their own (given some modest amount of funding), learning the field on their own without university support. However, the university system seems to be a good way to have all these tools at your disposal much more easily, not to mention having support from professors and other students who are interested in similar things.

    If the end goal is to make money AND you are interested in entrepreneurship, doing what you've done may be the right way to go. If your goals are to work in one of the fields I've mentioned above (because you're interested in one of them), going to a university seems to be the best option.

  127. Or just dont pay it? by Tweekster · · Score: 1

    It is only a civil judgement. Or pay them a couple of dollars a month (and it wont look bad then cause you are trying to pay)

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
    1. Re:Or just dont pay it? by Tweekster · · Score: 2, Insightful

      Yes they are....and you can dick around for decades before paying anything signicant. Civil judgements in this country dont exactly have the biggest weight in the world. Particularly when you have no income to speak of, yeah. hell you could putz around deciding on a payment plan through the courts (cheaply) for years.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  128. Why not counter-sue? by catmistake · · Score: 1

    Sue the RIAA for perpetuating the myth that mp3s are the same digital quality as CDs... This is simple to prove. If the RIAA doesn't mind if people tape songs off regular radio... then mp3 sharing should be allowed. mp3s do not even meet broadcast quality standards... yet because the RIAA says its so... everyone seems to believe it.

  129. Re:Best. Advice. Ever. by dada21 · · Score: 1

    I hope you're not serious.

    "Less than 1 in 10 business succeed":

    10 businesses - 1 success = 9 failures (90% failure rate)

    "I've had 2 out of 20 businesses fail":

    20 businesses - 2 failures = 18 successes (10% failure rate)

  130. Re:Best. Advice. Ever. by Red+Flayer · · Score: 2, Insightful

    "In my experience, the number is closer to 6 in 10 if not more. "

    Your experience is obviously out of line with what the rest of the country experiences.

    " I've had 2 failures out of about 20 that I ran in my entire life, so I feel I'm ahead."

    Good for you. But that doesn't mean anyone else can also expect a success rate like that.

    "You can start a business for less than US$20,000 right now"

    Depends on the business. Some require far more capital than that.

    "That's funny because I've worked with medical research companies (two large ones in Lake County, Illinois) and I'm amazed at how many research doctors are foreigners with foreign educations"

    You'd be surprised, I think, with how few of them completed their educations outside the US. Not only that, but regardless of where they got their education, they still got an education. I know your point here is that the US system is broken, but your original point was that college education is not worthwhile.

    "On top of that, I travel the world at least 2-3 times a year, and I see more innovation outside of this country than I do here."

    This anecdote is worthless to the discussion, there's no need to toot your own horn so often -- frankly, your business success and/or world travel has no bearing on the merits of your theoretical arguments. I doubt that your 'extensive world travel' is anywhere close to exhaustive enough to make base assumptions about the level of innovation occurring worldwide and in different countries.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  131. Re:Best. Advice. Ever. by dada21 · · Score: 1

    Ah, here I can agree, then. Yet are 100% of people going to college to learn a technical trade? If they are, our country is in a world of hurt.

    I'd say if 30% of students were in a tech trade, college is very important. It wasn't for me or any of my employees (not one) or even most of my competitors (most making 6-figures+ salaries) that I deal with, but maybe I'm in a weird market. Out of about 200 people I know in my industries, I'd say maybe 20 said college was worth their time, including most of my employees and business partners.

    So if 70% are in non-tech trades, is college a necessity? Can't they go and work a lower-salary job in their industry, learn the trade, and be ahead? I'd think so. In fact, I know so, because I've helped many 16-18 year old workers move on to owning their own business. It is part of entrepreneurship, to mentor to the next generation and get them competing with you. I welcome anyone who is still deciding on college to come to my market and I'll put them to work immediately and teach them how to run a business. I know dozens of others like me in the Midwest, too.

  132. There's one more possibility there. by Headcase88 · · Score: 3, Insightful

    What if he downloads it, likes it, doesn't delete it, and doesn't buy the CD?

    --
    "When the atomic bomb goes off there's devastation...but when the atomic bong goes off there's celebraaaaation!"
    1. Re:There's one more possibility there. by It'sYerMam · · Score: 1

      I believe current opinion from informed folks is that most downloaders buy the music afterwards. At least, enough to make it worth the industry's while.

      --
      im in ur .sig, writin ur memes.
    2. Re:There's one more possibility there. by jrockway · · Score: 1

      > I believe current opinion from informed folks is that most downloaders buy the music afterwards.

      This has to be bullshit. I download music. After I've downloaded it, I sure as hell wouldn't pay for it. The reason I download stuff is because actually buying it is too much effort. If it's easy to buy, though, I do. It's only stuff that's not on Freely available or not on iTMS that I bother downloading via p2p.

      Interestingly, I don't have any RIAA-affiliate-published music in my collection, so I guess I don't have anything to worry about. (Actually, Morning Musume is published by a division of a division of Sony... but it's Sony Japan which is technically not in the RIA of America :) I know, I know... it's just as bad.)

      --
      My other car is first.
  133. Just rambling thoughts by RealmRPGer · · Score: 1

    So now the RIAA is condoning higher education? Honestly, I think it's about time somebody stepped in...

  134. The funny thing is... by Ignignot · · Score: 2, Interesting

    I know I'll be modded down for saying this - but what the RIAA is offering is quite a deal if you are actually guilty of copyright infringement. 4 grand is absolutely nothing in comparison to how much they could legitimately attempt to collect. At no time does she say that she didn't perform copyright infringement. She seems to be saying that it is unfair for them to punish her because it is inconvenient at this time. That's why they call it punishment.

    --
    I submitted this story last night, and it didn't get posted.
    1. Re:The funny thing is... by Anonymous Coward · · Score: 0

      How much do you think she owes? No, seriously, how much damage do you think has been incurred by her purported copyright infringement? I'd like to know. Care to explain how you got to your figure?

    2. Re:The funny thing is... by Ignignot · · Score: 2, Informative

      She owes whatever the law says she does, and a judge decides.

      --
      I submitted this story last night, and it didn't get posted.
    3. Re:The funny thing is... by jank1887 · · Score: 1

      value of the item/s stolen/distributed + a punitive/dissuasive component. sounds like 4 grand to me.

    4. Re:The funny thing is... by robjob · · Score: 3, Informative

      Section 504(c) of the Copyright Act allows for statutory damages of between $750 and $30,000 per violation and up to $150,000 per violation if the infringement was willfull. If you figure each song is a separate violation, it doesn't take much to make up a huge number.

    5. Re:The funny thing is... by iminplaya · · Score: 1

      At no time does she say that she didn't perform copyright infringement.

      Well then It's obvious she's guilty. Case closed, right? Guilty of what? Of anything a corporation with the government(and the voters who make it happen) in its pocket says.

      That's why they call it punishment.

      That's why I call it extortion.

      --
      What?
    6. Re:The funny thing is... by Penguinoflight · · Score: 1

      Legitimately collect how? The RIAA doesn't hold copyrights. Second, the maximum penalties for "crimes" are hardly ever assigned, and always determined by a judge. I dont think the RIAA has won a court battle like this one, and they've lost a few already.

      I think a lot of people have been biased by how traffic court works. There is no publicly paid official who says you're guilty in a real court case. The RIAA can't come up with legitimate evidence, so if you shuffle a significantly gruesome amount of papers you should be able to beat them.

      All of this said, get off of Kazaa already! If the people who are getting settlement offers weren't so dumb, they'd probably not settle so blindly.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
  135. Absolved of all personal responsibility. by nick_davison · · Score: 1, Funny

    causing you to pirate more material because you can't afford it

    Back in the old days we had this other answer to that one. It was called, "You don't get to have it."

    Fortunately, in this modern age, absolved of all personal responsibility, it's the content producers' fault for making such great content that we really have no choice but to pirate if we can't afford it. I mean, seriously, it's not like we can go without that extra Britney Spears CD - it's practically a right that we have it. If the founding fathers were around today, they'd almost certainly agree.

    1. Re:Absolved of all personal responsibility. by Anonymous Coward · · Score: 0

      If the founding fathers were around today, they'd almost certainly agree.
      As the Slashdot number of comments grows larger, the probability of someone involving the founding fathers approaches one. -Taco's Law

    2. Re:Absolved of all personal responsibility. by Flower · · Score: 1
      Back in the old days we just bought a cassette tape for a buck and copied the album off a friend. Nobody knew jack. When I was done with listening to Prince and wanted the new Metallica I would just *gasp* record over the tape and put a new label on it.

      The difference today is the medium for trading is now on a much larger scale and it can be effectively monitored. So don't give me this bullcrap about back in the day. We felt just as entitled then as the kids do now.

      Oh and I would be very careful about asserting what the founding fathers thought. There was quite a bit of disagreement among them. Would be pretty interesting to see what would have happened if Jefferson had had his way on the issue or what they would say about the current situation.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
  136. It doesn't. by raygundan · · Score: 1

    My apologies for the sloppy wording. I should have said "since eMusic changed their all-you-can-eat and the RIAA forced everything else into using DRM."

    It was a lousy sentence. Sorry for the confusion.

  137. full circle by networkBoy · · Score: 0, Redundant

    It's funny because it's true.

    Hmmmmm, never seen this before:
    This exact comment has already been posted. Try to be more original...

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    1. Re:full circle by Cornflake917 · · Score: 4, Funny

      It's not funny because it's redundant.

    2. Re:full circle by accessdeniednsp · · Score: 1

      Mod parent up!! Complete the circle!! :)

    3. Re:full circle by Duckz · · Score: 1

      even at this point?

  138. Welcome to the real world by Anonymous Coward · · Score: 0

    As much as I dislike the RIAA, I can't say I'm overly sympathetic to the person they are suing.

    You got caught doing something illegal. Now pay for it like everyone else is supposed to.

    People shouldn't think they are immune to the rules or get special treatment because of their circumstances. The person who got busted has to pay the fine like everyone else does. If they have to drop out of college, that's their problem, not the RIAAs. Perhaps they shouldn't have been doing what they were doing to begin with.

    Don't do the crime if you aren't willing to the time.

  139. GREAT by JollyFinn · · Score: 1

    Now we are slashdotting MIT. What will that do to the future of american engineer.

    --
    Emacs is good operating system, but it has one flaw: Its text editor could be better.
    1. Re:GREAT by Giant+Killer · · Score: 1

      Okay, just to clear this up. The server is in the .mit.edu domain, but it is a server that is operated by the school newspaper - The Tech.

      It's not web.mit.edu or anything. You won't be able to slashdot that one. A lowly student-run newspaper, however, is another story.

    2. Re:GREAT by Grishnakh · · Score: 1

      Now we are slashdotting MIT. What will that do to the future of american engineer.

      Don't worry, the American engineer already has no future. This isn't going to make a difference.

    3. Re:GREAT by hokeyru · · Score: 1

      Wow, there's still one left?

  140. Mod Parent Up by QRDeNameland · · Score: 1
    Yes! Thank you for being the first one in this thread to make this distinction.

    IANAL, but my understanding is if this woman was charged with a criminal code violation and the RIAA were attempting to negotiate in exhange for not pressing charges, that WOULD be extortion.

    --
    Momentarily, the need for the construction of new light will no longer exist.
  141. It Makes Sense for the RIAA by Hoi+Polloi · · Score: 1

    Without a steady supply of people without college degrees where would the future 50 Cent and Jessica Simpson fans come from? Not to mention the need for future music industry employees.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  142. Re:TFA (she's an asshat) by Plebis · · Score: 0

    Almost only counts in hand grenades and horseshoes.

    And thermonuclear war.

    --
    "Dude, pounds are so metric, fuck that." - Noah
  143. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    Isn't college supposed to be about learning Latin, Greek, debate, philosophy, classics, mathematics, science, character, and rhetoric? If you're not going to college for those reasons, you probably shouldn't go.

  144. It is extortion by snowwrestler · · Score: 4, Insightful

    When a person is sued they can either a) pay a lawyer to defend them or b) pay the plaintiff to settle the suit. The RIAA makes it clear that they will do whatever it takes to make sure a is greater than b.

    This is extortion.

    Why? Because it does not depend on whether the person has actually done anything wrong. Instead the RIAA wields a side-effect of our justice system (cost) as a weapon against whoever they please. Whether they can prove anything makes little difference, it is simply a matter of cost.

    Consider this: although piracy can be prosecuted as a crime, the RIAA never follows that path. They always go civil. This way they can neatly avoid the solution of a court-appointed attorney, and they do not have to deal with the police and DA, who have a pesky habit of actually evaluating the merits of cases before going forward. By keeping it civil the RIAA is free to file against whoever the hell they want, no matter how slim the evidence.

    By initiating lawsuits against those who willfully, without the consent of the copyright holders, infringe copyrights, it's hard to see how they're "alienating their core market".

    How do you know that the defendants are in fact willfully infringing copyrights? They never have the cash to make their case and fight it out in court. From my perspective it's pretty alienating to know that I could be taken to the cleaners for thousands by an industry association, even if I did nothing wrong.

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    1. Re: It is extortion by alexo · · Score: 1


      > the RIAA wields a side-effect of our justice system (cost) as a weapon
      > against whoever they please.


      Are you really sure that is just a side effect of your legal system
      and not its main intent?

    2. Re:It is extortion by initialE · · Score: 1

      Is it possible to represent yourself in court? Would anybody do it?

      --
      Starbucks, Harbuckle of Breath.
    3. Re:It is extortion by Anonymous Coward · · Score: 0

      Is anyone brave enough to just refuse to pay these bastards one cent, no matter what the consequences? I didn't think so.

    4. Re:It is extortion by Anonymous Coward · · Score: 0

      Yes, but one usually hears about it being used by overconfident nutballs. I don't know how many "normal" people do it.

    5. Re:It is extortion by guardian-ct · · Score: 1

      Yes, you can represent yourself in US courts. For criminal cases, you can get a public defender (cheap/free lawyer paid by the court to be on "your side"). For civil ones, I suspect you could as well, IF the case was big enough.

      Representing yourself, in most criminal cases, means you have an idiot for a client.

  145. $4000 is nothing by MooseTick · · Score: 1

    MIT's site states...
    "Our estimated cost of attendance for 2006-2007 is $46,350, plus travel. "

    If she can somehow swing $46k/year while a student you would think she could come up with $4000 without dropping out. I'm not saying she should pay the RIAA, but saying you can't come up with $4000 just seems like a negotiation tactic on the supposed pirate's part.

    1. Re:$4000 is nothing by Lord+Bitman · · Score: 1

      I dont usually ask this kind of question because there are so many perfectly capable eight-year-olds out there now, it seems stupid to group people by age. That said, this sounds like the kind of magical reasoning I used in the days of ancient times past, so...

      What are you, eight?

      Being able to cover 46k a year, going into debt in the proccess, does not mean you are able to cover 50k a year (or even able to go into that much additional debt)

      There's no way to explain that, it's a mathematical fact. The number 50,000 is larger than the number 46,000. If Alice can borrow two apples from Bob and give three to Cindy, does this somehow imply that Alice has apples left over? Does it imply that she can aquire more apples? [hint: no]

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    2. Re:$4000 is nothing by MooseTick · · Score: 1

      Wow, I didn't think of it that way. I guess most people who can afford a reoccurring $46k debt couldn't swing an one time extra 8.7% increase.

      I'm sure there are many people who can afford a $46k car but can't quite finance that nicer $50k ride.

      Who are these people trading apples? I don't know them! I'm not even sure how many apples $4000 will buy.

  146. Drop the bomb on the RIAA by Anonymous Coward · · Score: 0

    RIAA is like the Soviet Commissar Molotov, figuratively dropping bombs on civilians while claiming to be feeding the starving masses. The Finns responded to the "Molotov picnic baskets" didn't they?

  147. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0
    20 businesses - 2 failures = 18 successes (10% failure rate)

    I beleive you. I think most businesses fail 'cause most folks just jump in. It sounds like you do your homework.

    Alice DeKoning at Georgia State University does research on serial entrepreneurs, such as yourself.

  148. Re:TFA (she's an asshat) by keyne9 · · Score: 3, Insightful

    If one cannot afford to pay to mount a legal defense, you either pay, or you PAY. Innocence does not mater.

  149. Personally by Ivan+Matveitch · · Score: 1

    I put Richard Stallman on my head and we sing the free-software song in the bath.

  150. Better way to make the point by Beryllium+Sphere(tm) · · Score: 1

    >explain to a lay-person how knowing the IP address of someone downloading music doesn't mean much in linking to an actual person.

    If that person were interested in understanding DHCP leases then he/she would already understand. Don't bore people with topics that don't interest them.

    Explain instead that the RIAA has sued or threatened to sue someone who never owned a computer and a dead person. Most people should also intuitively understand the concept of damages, how downloading one song does not cost the RIAA thousands of dollars.

    >help people to see how evil the RIAA actually is.

    Just bring up the subject of how the RIAA splits the "settlements" with the artists who created the music.

  151. Tighten your grip... by hoggoth · · Score: 1

    Doesn't anyone at the RIAA understand that they are creating a class of people who will go to great lengths to see them destroyed?
    You can be assured there will be teams of very smart very angry people making sure no DRM the RIAA *ever* creates will go un-cracked for longer than a few months. These smart angry people will come up with clever unstoppable ways to distribute music for free, even if it's illegal.

    I'm not saying its right. But that is the effect.

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  152. In other news... by jforest1 · · Score: 1

    An expectant mother was told by an RIAA representative that "the RIAA has been known to suggest that expectant mothers have an abortion in order reduce cost of living and over time be more able to afford settlements."

  153. Re:TFA (she's an asshat) by Anonymous Coward · · Score: 0

    Maybe you'll learn something about taking something which isn't yours

    What was is that was "taken" again?

    Oh, right.. NOTHING!

  154. Re:TFA (no, you're an asshat) by eaglej · · Score: 3, Insightful
    Way to go. You've picked apart, line-by-line, a lot of hyperbole and metaphor. Just to make this clear, the "shark" is actually the RIAA. When people talk about sharks in a context like this, they mean to bring up the images of a scary, ruthless predator. This is not really how all sharks actually are. I don't think she's actually going to "knock on the glass to the near-cracking point."

    Also, she's implying that she's a veggie because she's kind to animals, not the other way around.

    The woman with the hair dye is not her accuser, as you state. The RIAA is her accuser (corporations = people in court). The woman is a representative of her accuser, and it is perfectly reasonable to consider the possibility that she is a moron. The specific sentence you quote is in fact an appeal to those components of the RIAA which are not moronic - the author is assuming they exist and hence admitting the likelihood that this particular representative does not represent the intelligence level of her actual accuser.

    The point of this story, which parent ignores, was the absolutely bizzare quote about how people should drop out of college to pay their settlements. I find it bizzare for two reasons:

    1. It's completely disgusting that any representative of the RIAA would suggest that. That's just wrong, for reasons that other posters have certainly pointed out.
    2. Why that's even remotely necessary in this case is beyond me. $3750 is pretty reasonable, even for a college student. Yeah, it hurts, but it's supposed to. I disagree with the tactics, the concept of the RIAA in general, and the copyright system, but given the situation, that's not that bad. It certainly wouldn't necessitate dropping out of school. The author of the article is right to try every possible angle to negotiate, but can she really say with a straight face that dropping out is even under consideration? Unlikely. If the RIAA rep really did bring it up, it goes a long way in comfirming author's assertion that rep is a moron.

    How parent got modded insightful is a mystery; the "insightful" poster seems to be reading at about a third grade level.

  155. Re:TFA (she's an asshat) by TubeSteak · · Score: 2, Insightful
    But I find it horrifying that anyone would single-mindedly and without compassion process people like a meat grinder set to purée.

    No one said the penalty would be pleasant.
    You seem to be missing the difference between justice and law.

    Everyone knows that laws are hard and fast rules, but when you go before a Judge, it's to receive justice... as justice is a much more flexible concept than "the law".

    If you take justice out of the "Justice System", you lose almost all of the fairness present in the system. I mean, the Government has a Department of Justice, not a Department of Law Enforcement.

    Police States are all about law enforcement. I assume that this particular Democracy is interested in Justice, considering their rebellious roots.
    --
    [Fuck Beta]
    o0t!
  156. Penalties are far too harsh by Ahnteis · · Score: 1

    The $3000 ($10/song) wouldn't be bad if she were found guilty--but that's not the case at all. The problems as I see them:

    1) She gets no free lawyer because this is a civil case. Yet she's expected to go up against a HUGELY funded TEAM of lawyers.

    2) The fine for sharing ~300 songs potentially severall MILLION dollars.

    That's the problem I have.

    These folks can ruin lives financially because of the moral equivalent of some petty theft. And that's just cruel and unusual.

  157. Are you part of the problem? by X86Daddy · · Score: 2, Insightful

    If you're giving money to the RIAA cartel, then you're funding their legal bullying, and you're funding their legislation-purchasing efforts. This is simple to realize, and not some bullshit argument like buying weed from the neighborhood grower funds terrorism.

    I am not suggesting that you stop buying CDs! Although I do suggest that you do not purchase new CDs from the companies that contribute to this problem. In addition to boycott, there are other legal ways to make your point. Use RIAA Radar to see if an album is tainted; tell your friends about the service. Buy directly from small artists. Browse MySpace to find new stuff by indie bands. Go to Used CD stores. Tell people about how you spend money on music and how you will not spend money on music. Warn people about corrupt Sony CDs and whatever the next violation is. Tell people what copyright was supposed to mean versus what it means today.

    You may not topple the giant alone, but when the daughter of a senator learns about the issue and feels strongly about it, when an exec of a smaller music label makes *less* money with the cartel and drops out of the RIAA, when a cavalier journalist with CNN or Fox hears about today's story and decides to air it, you've made a difference.

  158. Foreign countries. by Ivan+Matveitch · · Score: 1

    Americans have a comparative advantage in capitalism---that is, in exploiting market opportunities---becuase of America's well-developed capital markets and loose regulation. They should (and do) exploit it while it lasts.

  159. Sounds like a scam by PokerAndroid · · Score: 1

    The story sounds fishy. I tend to believe one of the two following scenarios.

    1) Someone is scamming her for her credit card info by targeting a group that is probably guilty ie; college students by assuming the identity of the RIAA, an organization known by college students. Let her post the phone number she was instructed to call.

    2) Story is a lie, perhaps perpetrated by the RIAA to scare people on the cheap. Does this person even attend MIT?

    Sounds like extortion. The RIAA has deep pockets, therefore you can find lawyers to take the case on a contingency basis if there is treasure to be had. Would they, the RIAA, actually behave in this manner? How can the RIAA possibly find out who downloaded music. I find it hard to believe that they can arbitrarily sort through server logs ala GW Bush, the president of the U.S.

    I am starting to think that many of these stories are the stuff of urban legend and that people want to believe them so they can have a bogey man to hate and fear. Why would the RIAA object to stories confirming their power?

    1. Re:Sounds like a scam by Sedennial · · Score: 1

      I personally know somone who has been targeted by the RIAA with a very similar phone call. Pay us $3750 (what is it about that number?) or else see us in court where we will get $175,000 US plus legal costs. No, it doesn't matter that it was your son's friend. It was your computer so you are responsible for the illegal downloading. Also there are a number of well documented court cases that have been covered by various online and meatspace news media. Apparently you work for the RIAA and are trying to downplay the issue, or you don't follow ANY kind of other news, OR you are simply a moron, or all of the above. The answers to your questions are all pretty easy to locate. They issue 'John Doe' subpoenas to ISP demanding connection logs showing who was using specific IPs at certain times. IP's they obtain from connecting to the p2p networks and browsing. They get those records and hand them to their goons. If the victim resists, the call the lawyers. Go do at least a minimal amount of reading and research next time.

    2. Re:Sounds like a scam by jjohnson · · Score: 1

      Pay us $3750 (what is it about that number?)

      That number was probably arrived at by an accountant calculating 1) the administrative costs of running the settlement center, 2) the number of people who would pay up at what price, and 3) the costs of taking those people to court to get more.

      Basically, someone put together a huge spreadsheet saying that the RIAA will get the max dollars for their efforts by offering everyone a $3,750 settlement fee.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  160. Another alternative to CDs by Phoenix666 · · Score: 2, Interesting

    Is to learn to play an instrument and make your own music. As a non-musician I always assumed that learning to play and read notes was a task on par with quantum mechanics, and that it required thousands of hours of lessons and matriculation to Juilliard. It took a lifetime of wanting to learn and 6 years of raging against the RIAA to finally pick up a guitar. And I've discovered that it's really, really easy to learn, and in less than a week of noodling around for an hour here or there you can pick up enough chords to play a large swath of rock 'n' roll. It's also quite fun.

    And as you play your happy little tunes you also get a great deal of satisfaction in knowing that you've become the RIAA's ultimate nightmare, an artistically and culturally liberated producer of music who will never again have need of their crap.

    --
    Do what you can, with what you have, where you are.
  161. RIAA Insurance by sweborg · · Score: 1

    Here is a crazy idea. Why not setup an organization that offer members "protection" against RIAA law suits for let's say $10 a month. Download as much music as you like for personal use. If you get caught by RIAA our organization will pay the settlement. Would it work?

  162. Re:TFA (she's an asshat) by vudufixit · · Score: 1

    >No one said the penalty would be pleasant.

    Uh, but it's way beyond what is reasonable, and far out of proportion
    to the crime committed.

    Whatever happened to the concept of proportionality in our justice system?

  163. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    Be fair: Beer is only a waste of money at a stadium or other venue. Any other time, it's magically delicious.

  164. In facist America... by danpsmith · · Score: 1

    ...the multimillion dollar corporations sue you!

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
    1. Re:In facist America... by pl1ght · · Score: 1

      I recommend you use a dictionary to look up the word fascist.

    2. Re:In facist America... by danpsmith · · Score: 1

      I took your advice: fascism (fsh'z'm) pronunciation n. 1. often Fascism a. A system of government marked by centralization of authority under a dictator, stringent socioeconomic controls, suppression of the opposition through terror and censorship, and typically a policy of belligerent nationalism and racism. b. A political philosophy or movement based on or advocating such a system of government. 2. Oppressive, dictatorial control. Here I thought I was being ironic and look at that...kind of turned out true. Thanks for the suggestion.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
  165. Some Good Advice by mshurpik · · Score: 4, Informative

    1. Dropping out of MIT is a great idea. I did it twice.

    2. You will not go to jail for non-payment of a civil debt. However, they may find a way to withdraw the funds from your assets (bank account, car, etc.)

    1. Re:Some Good Advice by darkmeridian · · Score: 1

      Ignore the process server. Don't take registered mail, don't talk to strangers carrying envelopes. They have to serve you in order to get in touch with you. Personal jurisdiction for Internet-related suits has been pretty tricky so once you graduate and move out of Massachusetts it'll be tough for them to get ahold of you. (Unless you answer them, in which case you have submitted to the jurisdiction of the court.)

      This doesn't constitute legal advice, by the way. Just noting that they cannot sue you if they do not serve you.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    2. Re:Some Good Advice by cerberusss · · Score: 1
      1. Dropping out of MIT is a great idea. I did it twice.

      And would you like to elaborate why is it a great idea?

      --
      8 of 13 people found this answer helpful. Did you?
  166. Re:TFA (no, you're an asshat) by Anonymous Coward · · Score: 0

    1) It's completely disgusting that any representative of the RIAA would suggest that....
    2) Why that's even remotely necessary in this case is beyond me. $3750 is pretty reasonable, even for a college student....


    I imagine the RIAA bastard was having a hard time getting the whiney college student to agree to the non negotiable $3750 despite obvious guilt (yes, they get it wrong sometimes, but i doubt their failure rate is that horrible and this person is obviously guilty). So the whiney college student was saying things like, "how do you expect me to pay for this?" And the riaa bastard, perhaps realizing that the whiney college student was receiving a $30-40K/year education at MIT, decided that they just didn't care that much.

  167. Basic English by Kombat · · Score: 1

    For this reason, when the topic comes up, I always make the distinction between 'piracy' and 'copyright infringement'.

    It's a metaphor. Like "I nailed that assignment," or "I shotgunned 2 beers." "I bombed that test." "I got pulled over because a cop caught me flying through a school zone in my Civic."

    It's hyperbole. It's very common, and just because you don't happen to like it when it's applied to you doesn't mean that particular use of hyperbole isn't valid. It is.

    --
    Like woodworking? Build your own picture frames.
    1. Re:Basic English by ScoLgo · · Score: 1

      It's hyperbole. It's very common, and just because you don't happen to like it when it's applied to you ...

      You're right, it is hyperbole/metaphor. That doesn't make it good for society. I suppose you can make the argument that society doesn't care. Your post seems to fit that assumption.

      Speaking of assumption; why do you assume that I'm talking about myself when it comes to 'piracy'? I disagree with the term, but I don't practice 'copyright infringement' any more than I practice raping and pillaging on the high seas, (athough I do tip back a spot of rum now & then).

      To set the record straight: I don't download music. I buy CDs. Out of the used bin. It helps me sleep at night. YMMV.

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
  168. Well, yeah. by Ivan+Matveitch · · Score: 1

    But only one in six American bachelors' degrees is awarded in the fields of science and enginering---and, anyway, most of those graduates are not well educated. So the odds of coming out of college with first-rate technical skills are also low. But whether you're an entrepreneur or a scientist, it is hard work, and not some statistic, that lies between failure and success. Linus Torvalds didn't write the Linux kernel by rolling dice; he wrote it by sitting in a dark room, studying and programming, for countless months on end.

    1. Re:Well, yeah. by Red+Flayer · · Score: 1

      You're right of course -- but not only science and engineering degrees provide the technical skills necessary for a business.

      For example, a contact of mine operates a (profitable) art gallery in NYC. Without her education in art history, there is no way she'd have the 'technical' knowledge necessary for her business. Would that education be possible outside of a formal university? Sure, but the university made it easier for her to acquire the knowledge, and the credentials don't hurt.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  169. You're missing the point by loqi · · Score: 1

    The RIAA essentially suggested she drop out of college to pay the settlement. If you think that's okay for them to do, you're wrong.

    --
    If other reasons we do lack, we swear no one will die when we attack
    1. Re:You're missing the point by jjohnson · · Score: 1

      There's nothing wrong with them suggesting anything. Their suggestions have no force, notwithstanding your italics, and if she can come up with the cash elsewhere, the RIAA has no ability (or reason) to do anything about it.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  170. Re:Best. Advice. Ever. by RedQueen.exe · · Score: 1

    I think what he was saying is that you go for the experience. Of course you usually need money (unless you want to argue the shaky point of scholarships), but your argument slightly twists his point. Some people are actors in order to make money to "save them time" later, others just love playing the role. Some go to school to make money later on, others just love the experience, and yet some others make money so they can enjoy school later on. Point being it really isn't stupid for someone to spend all that money on college if they love the experience... and they get into a field they love afterwards, and still wind up with enough cash in the end to live happily and comfortably.

  171. Re:Best. Advice. Ever. by AK+Marc · · Score: 1

    How much is high end college nowadays? $150,000 for 4-5 years plus 4-5 years of your most productive part of your life lost to "education?" Go and invest that $150,000 in your own business and you'll be much happier (and successful).

    As usual, you are wrong. For one, how many students walk into college with $150,000 in their pockets? Without the money to start the business, you can't start it. Period. I have a great idea for a business. It takes $3,000,000 to get it off the ground. It requires land and a building, so for any less than that, it isn't possible. So, how would you propose I start that business? Many people like the certainty of working for someone else. Are you telling them that college is a bad idea too? Business owners need to be self-motivated. That is a problem for most of the /.'ers. They'd make poor business owners. When I work for someone else, I get no risk. There is nothing I could possibly lose today. The absolute worst that I could possibly do is to get fired and make no money. I will make about $250 today if I don't get fired. So, I have a really high chance of $250, and a really low chance of $0, and no chance of any other numbers or negatives. That's a great proposition. To tell everyone that it is a situation that sucks is just plan bad advice. Get a college education, get a good job, live happily ever after. If you are restless or have a winning idea, follow it. But don't try to be a business owner just because some nut on the Internet thinks it is better than the evil drain of higher education. Oh, and with a job that has a pension, you get to save more. I have about $100 per day going into my retirement (from my own money and the company's money). This is in addition to my personal savings and investments. So, dada21, how much per day do you have going into your dedicated retirement only fund? If it's less than $100 per day, then maybe your system sucks, even for you.

  172. downloading music is NOT illegal dammit by Gr8Apes · · Score: 2, Informative

    Yes if you download copyrighted music, you're commiting a crime. Maybe it shouldn't be a crime, but it's a crime all the same.

    Last time I checked, downloading isn't a crime, regardless of what the **AA folks say. Uploading, however, is. This is why you can download freely from such sites as that russian mp3 site (disregarding any other international issues such as it's legal there, etc).

    If you'll notice, no one has been busted for downloading. They have been busted for sharing (distribution). That the part that gets you into hot water with the copyright laws.

    --
    The cesspool just got a check and balance.
    1. Re:downloading music is NOT illegal dammit by Anonymous Coward · · Score: 0

      Both are illegal, but downloading involves a much higher standard of proof than uploading. If the RIAA can show that you knew the material you were downloading was copyrighted AND you also knew the source of the download was not authroized to distribute it, then your download is illegal.

      But that is much tougher proposition for them to prove compared to proving that someone distributed something they did not have the legal right to distribute.

      There are also technical barriers to proving someone downloaded something illegally. Uploads are simple, the RIAA just downloads them from the uploader and sees if they own the copyright (or they should, often times they just check the name of the file they're able to download). For downloads, they'd not only have to upload the content to the downloader, but also do it without doing it themselves (since they are either legally authroized to distribute the content or would themselves be engaging in illegal activity). Their best chance for doing this would be for one of the uploaders they're suing to have kept immaculate logs of everyone who downloaded from them. While it wouldn't be easy, they might be able to use those logs as part of a suit against people whose downloading was logged.

      So while downloading might be technically illegal, it is practically very difficult for them to take action against downloaders.

  173. The law isn't everything by loqi · · Score: 1
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law", because law is often but the tyrant's will, and always so when it violates the rights of the individual.
    - Thomas Jefferson

    --
    If other reasons we do lack, we swear no one will die when we attack
    1. Re:The law isn't everything by shark72 · · Score: 1

      "Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others."

      Correct. Just ask Sally Hemmings.

      "I do not add "within the limits of the law", because law is often but the tyrant's will, and always so when it violates the rights of the individual."

      Sally Hemmings would agree with this one, too.

      --
      Sitting in my day care, the art is decopainted.
  174. Thief by pl1ght · · Score: 1

    If you had stolen the $$ in goods that you stole in music, would you not already be in jail? Or awaiting an impending felony conviction? I am just playing devils advocate here. If i were to be busted by the RIAA and settled for that little amount. I would feel lucky that they didnt press charges and that i was being let off with such a small penalty in light of the alternatives.

    1. Re:Thief by Evil+Poot+Cat · · Score: 1

      If you had stolen the $$ in goods that you stole in music

      ...then you would actually be stealing something, instead of copying against the racket.

    2. Re:Thief by Kiaser+Wilhelm+II · · Score: 1

      If downloading music is the same as stealing CDs out of Sam Goody, then talking about voting against President Bush is the same thing as plotting an assasination.

      --
      Lord High Crapflooder The Right Honourable Vlad Craig Esther McDavenpherson III
      Destroyer of Mercatur.Net
  175. I would expect more from an MIT student by Anonymous Coward · · Score: 0

    Are they not the cream of the crop?
    Stealing is illegal.
    Plain and simple.
    Does not matter that you do not agree with it.
    It is just like getting arrested for a DUI. You will get in trouble.
    Get a lawyer to do some legal manuvering and the lawyer might get you off, or at least reduce the penalty.

    I only graduated from a lowly state university, and I know the definition of stealing.

    Sounds like MIT is the cream of the crap.

    1. Re:I would expect more from an MIT student by Anonymous Coward · · Score: 0

      Stealing? Trading music != Stealing.

      Trading music online is nowhere analogous to getting arrested for DUI.

      I can see why MIT probably rejected you.

    2. Re:I would expect more from an MIT student by Anonymous Coward · · Score: 0
      Stealing is illegal. Plain and simple. Does not matter that you do not agree with it.

      That's nice and all, but we are talking about copyright infringement here, and apparently you were sniffing too many of the **AA's sharpies...
    3. Re:I would expect more from an MIT student by Anonymous Coward · · Score: 0

      Dumbass, I never wanted to go to MIT. I never bought into the whole Ivy League bullshit. BTW, I make a great living with my state university degrees. Have fun living in your mom's basement downloading music until you are in your late '30's.

      Trading music. Sounds like the Mafia trading black market items, that's just trading, not stealing. Boy are you stupid. It is still theft.

      I do not agree with the RIAA or their tactics.

      Theft is still theft. You can sugar coat it with whatever bullshit you want, but it is still theft.

      Zero compassion for this person.

    4. Re:I would expect more from an MIT student by Anonymous Coward · · Score: 0

      Dumbass, I never wanted to go to MIT

      Because you would never make the cut. Judging from your naive and immature use of words and inability to form basically logical connectives, you are probably barely college level material.

      I never bought into the whole Ivy League bullshit.

      Me either. Sounds like you have an inferiority complex. You should see a pysch about that.

      I make a great living with my state university degrees. Have fun living in your mom's basement downloading music until you are in your late '30's.

      Good for you. I make a six figure income as a graduate of MIT's Sloan school. I manage and fire retards like you on a routine basis because of the type of attitude problems people like you demonstrate in the real world.

      Trading music. Sounds like the Mafia trading black market items, that's just trading, not stealing. Boy are you stupid. It is still theft.

      You still fail at analogies.

      Trading music is swapping bits. Theft is depriving someone of something physical, like an actual CD, a car, or any other PHYSICAL property.

      We can see that you are the one who is still a boy at mind.

      theft noun
      1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it

  176. Re:Best. Advice. Ever. by Grishnakh · · Score: 1

    I'm not sure what sort of business(es) you're involved in, but the fields that interest many people basically require attending a university (or higher) in order to learn the concepts and practice applying them. Such fields include most math, science, engineering, and medical disciplines.

    It's simple: either don't get involved with that stuff, or have that work done offshore where costs are much cheaper. Our society simply doesn't provide much reward or incentive for getting a technical education (math, science, engineering), and the costs of getting that education are astronomical, so why bother? Just because some people think we need engineers and tech businesses doesn't make it so, unless they're willing to pay for it.

    If the end goal is to make money AND you are interested in entrepreneurship, doing what you've done may be the right way to go. If your goals are to work in one of the fields I've mentioned above (because you're interested in one of them), going to a university seems to be the best option.

    I would hope that every rational person's goal is to make money, since it's pretty hard to live without it. If your goal is to work in a technical field, I'm sure you can go deep into debt getting an education, then take a low-paying job in that field, but why condemn yourself to a life of poverty?

  177. Ethics and law are well and good. by Ivan+Matveitch · · Score: 1
    But crime and punishment are what happen when ethics are forgotten and the law falls into disrepute. I agree: show me a society in which laws against file-sharing are respected by all of its virtuous and admirable citizens, and I will be the first to honor them.

    But suppose it's against the law to drop bubble-gum on the sidewalk, and yet many flout that law. Does virtue lie, then, in punishing them until they submit, or in putting up with their mildly antisocial behavior as a concession, on the part of the strong and righteous, to human weakness?

    I mean, you and I agree that people should not scream and shout in public. But we relax this standard when babies and infants are doing the crying, because we know that they cannot help themselves; a father who beats his baby because it cries too much is rightly called a criminal, even though a grown man who screams in public deserves to be punished.

    Should not the same reasoning, or something like it, be applied to those young people who share computer files?

  178. Re:TFA (she's an asshat) by An+Onerous+Coward · · Score: 1
    Ok, sounds good. Be nice to animals because she's a veggie.
    Wow, I'm glad you two are getting along so well.

    Except if they're not cute and cuddly.
    Yeah, the Shark Anti-Defamation League will be ripping her head off.

    Calling your accuser a moron does much to further your image as someone who is innocent.
    Writing a sarcastic point-by-point rebuttal doesn't do much to further your image as a person with a life. Oh, wait.

    So you're admitting you're a pirate. Acceptance is the first step.
    So you admit you're an asshat who gets some sort of cheap thrill out of watching a young woman forced out of college for downloading music. I doubt there are any steps you can take toward recovery.

    Almost only counts in hand grenades and horseshoes.
    And in Slashdot posting, where you almost made some point beyond "the rules are the rules because they are the rules so obey the rules because breaking the rules is bad, mmmkay?"

    Your life and circumstances are irrelevant to the situation. You chose to make a decision about whether to pay for a product or service. You chose not to pay. The RIAAs business sense tells them that to allow people to not pay for the product would mean they and the music industry would not survive. Self preservation and all that.
    You are a person without sympathy. You are a drone. You have elevated a set of stupid, arbitrary, outdated, harmful laws designed to protect the profits of an increasingly irrelevant industry above both reason and compassion.

    Which is exactly what is taking place.
    If the punishment for speeding was having both arms cut off, you'd be the one wielding the chainsaw.

    No one said the penalty would be pleasant.
    Or sane, or just, or right, or anything other than a transfer of wealth from struggling college students to pampered execs who can afford the best legislation money can buy.

    Which goes back to my opening remarks about your lack of resolve about being a vegetarian and being kind to all animals.
    Shut up. Sharks deserve what they get.

    She's whining because she got caught and contradicts herself about being cruel to animals. Guess what girlie, you're boned. Suck it up and deal with it. Maybe you'll learn something about taking something which isn't yours and being nice to all animals.
    Smooth Wombat: Fearlessly standing up for the rich and the powerful since uid 796938. His courage is an inspiration to us all.
    --

    You want the truthiness? You can't handle the truthiness!

  179. Re:Best. Advice. Ever. by Red+Flayer · · Score: 1

    Very serious. It's a testament to your hard work and ability that you've met with success so often. But it's a far cry from normal.

    Keep in mind, also, that success means doing better than the typical opportunity cost. Making a profit is not success. Making a profit in excess of typical investment returns = success.

    Also, that figure is for 10-year survival rates -- according to Dun & Bradstreet, 9% of small businesses last 10 years. How many businesses have you run that lasted 10 years? Of the ones that didn't, why not?

    The very fact that you've had 20 businesses tells me that for one reason or another (unless they were sold off and are still in operation) most of them were NOT successful. If you're operating fly-by-night companies for profit, you should instead count the enterprises as a single business, your proprietorship, with different brands.

    If a business you ran WAS successful, why did you end the business? Was it becoming no longer profitable? If so, that's not a successful business at all. Again, though, if your business is to operate brands for a couple years, then discard them and start again, that's a single business, not 20.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  180. Re:TFA (no, you're an asshat) by smooth+wombat · · Score: 1
    Just to make this clear, the "shark" is actually the RIAA.

    Really? Gee, hadn't noticed.

    Also, she's implying that she's a veggie because she's kind to animals, not the other way around.

    No, she's saying she is a vegetarian and so understands about not being cruel to animals.

    The specific sentence you quote is in fact an appeal to those components of the RIAA which are not moronic - the author is assuming they exist and hence admitting the likelihood that this particular representative does not represent the intelligence level of her actual accuser.

    Understood. After rereading what I wrote I could have been more clear. Regardless, her quote implies that all reps within the RIAA are incompetent and is hoping that there is someone competent within the organization that she can speak to. Her words:

    Please, RIAA -- if any competent representative happens to enjoy flipping through The Tech. . .

    Regardless, calling someone in the organization a moron (ok, we've all done it at one time or another) doesn't do much to sway opinion to her side or endear her to anyone within the RIAA.

    The point of this story, which parent ignores, was the absolutely bizzare quote about how people should drop out of college to pay their settlements.

    I ignored it because I was fascinated by the contortions and hyperbole she went through to try to justify her not paying for the music. She even admits that not everyone pays for their music. If you don't pay for something then you've stolen it (excluding having it gifted to you). If you steal and get caught you pay the price.

    The RIAA rep merely offered her a suggestion. Sure, it seems bizarre but it is a valid option. When you owe money you have to make choices about how to pay your debts. Generally people cut down on their expenses. In some cases they take a second job. In her case she has the option of not going to school. They didn't say stop going altogether. She could stop for one semester and use that money to pay for the music.

    If the RIAA rep said, 'Get a job' would that be bizarre? Oh, but she's a college student and doesn't have time for a job you say? Hogwash. I worked my way through my schooling and ended up paying for 70% of everything out of my own pocket. By everything I mean tuition, room, board, travel expenses, supplies, entertainment and anything else associated with schooling. I worked 40 hour weeks when home and my first two years and worked on weekends when away for my last two years. She can do the same.

    My post got modded insightful because it is. I saw through her words and chose to concentrate on her actions. She's complaining about a situation which is her doing. While the response she received isn't one she expected it is still valid. Trying to appeal to the public by using metaphor doesn't make up for her own lack of responsibility in accepting that what she did was wrong and now has to pay the price for her actions.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  181. I say we have pirate day:D by hrrY · · Score: 1

    It would be cool, everybody can get together on an album release day for a HUGE artist and download the album collectively, only to summarily delete it after completion. Imagine if you got 200,000 people together for it...then the **AA's can see exactly how much they are losing, due to their ornery and malicious tactics. And afterwards we can throw a rave to celebrate:D the fact that WE control "what's hot and what's not" and that WE will no longer tip-toe around criminal orginizations that seek to control the way that we ingest media, and what media it is that we choose to ingest.

  182. Tell the RIAA to KMRIA by stanwirth · · Score: 1

    Really, if *everyone* did, it simply wouldn't matter -- because your credit report would have a line in it from the RIAA. And so would everybody elses'. It's more important to finish school, and pay off your student loan.

    And BTW that stupid bitch from the RIAA who was harassing our female MIT student probably flunked out of community college, and is just going after Cassie because she thinks she can -- the usual queen-bee bullying bullshit.

    --- KMRIA -- it's a reference from James Joyce's Ulysses. It means Kiss My Royal Irish Ass
  183. Re:Best. Advice. Ever. by Karma+Farmer · · Score: 1

    Academia and cash go hand in hand. Cash is nothing something ethereal or complex, money is merely a store of your time-worked to be redeemed to save you time in the future.

    No, dada, it's not.

    Seriously, are you really this mind numbingly stupid, or do you just get far, far too much satisfaction in your life reading the responses to intentionally provactive and invariably wrong posts on public message boards?

  184. Simply put: WTF? by Drinkgreen · · Score: 2, Interesting

    A more than likely very intelligent woman going to MIT is told to either go to a Community College, or drop out altogether, robbing the world of who knows what kind of potential,..... just so J. Lo can buy another necklace and Britney can buy Kevin another car?

  185. PeerGuardian? by antdude · · Score: 1

    I read that tool doesn't work very well. Is that true?

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    1. Re:PeerGuardian? by Maxo-Texas · · Score: 1

      It won't protect you from new IP's.

      It did seem to protect you from known IP's (which was already a large number back when I used it). Back when I messed with this stuff heavily (mainly for anime) it used to block tons of hits every day and I never got hauled into court. Now it is easier to buy, rent, or trade face to face with folks.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  186. Wrong != illegal by loqi · · Score: 1

    I'm definitely not saying it should be illegal for them to do that, but their behavior is most certainly wrong. It's wrong to encourage someone to permanently damage their life for your monetary gain, which is why selling crack is wrong (not because selling crack is illegal). What's so hard to understand about that?

    --
    If other reasons we do lack, we swear no one will die when we attack
    1. Re:Wrong != illegal by jjohnson · · Score: 1

      "Permanently damage their life"? By taking a semester off school to work to pay off a liability you voluntarily incurred? Nonsense.

      Look at it another way: Your daughter comes to you and tearfully confesses that she got nailed by the RIAA and they're demanding $3,750. You don't have that cash to give her. What do you say? "Well, sweetie, looks like you'll need to take a semester off school and earn some money to pay off that debt."

      Why is it wrong when the RIAA does it but not when you do it? It's a reasonable suggestion, neutral of context. It seems obnoxious only because it's being suggested from a position of power, but her vulnerable position is of her own making, and the RIAA could be much, much bigger assholes about it. When you lose in court, the judge doesn't offer a six month repayment plan, he says "see the clerk on the way out to give him a check."

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:Wrong != illegal by elpapacito · · Score: 1

      RIAA could be much, much bigger assholes about it.
      You are correct. Make a copy of a song , without even stealing it : get slapped with fine, eventually get your credit destroyed and inserted on some sort of parallel state database of "crook". Really a criminal !

      Steal billions, corrupt people, destroy the savings of millions of people , a-la Enron: get a slap on the hand and get elected.

      Justice works, except when you are rich then you can buy the outcome and you are more equal then others.

      Now here's The list of companies that factually support RIAA behavior regardless of their pro-customer statements. Do you want your money to support RIAA ?

    3. Re:Wrong != illegal by jjohnson · · Score: 1

      The name of the logical fallacy you're committing is tu quoque, literally meaning "you, also". Put more proverbially, "two wrongs don't make a right."

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    4. Re:Wrong != illegal by elpapacito · · Score: 1

      Nope it's a not a tu quoque. If you read carefully I wrote that you are correct. What I did is compare and contrast, in which I put the two crimes in comparison , the contrast coming from the striking difference in dimension and relevance of the effects of each crime and the punishment that actually reaches each crime.

      A tu quoque would have been : Big Time Enron criminals steal and that is wrong. Yet the criticism can't come from one who steals music ! ( which is distracting attention from the fact Big Time Enron criminal can be criticized by anybody regardless)

      Try looking at industry diversionary tactics, ordinary joes don't use them, they are harmeless in this domain and undefended.

  187. Noooo (was:Get a lawyer...) by Lead+Butthead · · Score: 2, Informative

    Shoot the lawyers.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  188. Re:Best. Advice. Ever. by Bull999999 · · Score: 1

    You can start a business for less than US$20,000 right now. That means working very hard for 6-12 months (2-3 jobs if needed). If you want a safety nest egg, work hard for 12-18 months and save every dollar, live in a smaller residence, and focus on building clients.

    What an excellent but seldom heeded advice.

    I've personally seen others (including family members)who built up their businesses cheaply and make it grow by reinvesting the profits. However, most Americans are into instant gratification. They want a large house NOW. They want shiny new SUVs NOW. They want the giant plasma TV NOW.

    Many people on Slashdot complain that rich get richer and I totally agree with it, although most Slashdotters don't understand that it's because the rich don't below their money away. I also believe that current tax policy does favor the rich, but even with a different policy, the rich will still get richer (maybe at a slow pace).

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  189. How things work by Z34107 · · Score: 1, Insightful

    Actually I don't think making copies of songs should bankrupt anyone

    And I don't think that fluffy puppies should die, either. But, it does - if you're pirating a song instead of buying it, that's not exactly good business for the record label, is it?

    There are some many problems with equating copyright infringment with theft I can't see how any reasonable person would try to do so.

    No, there aren't. Theft is taking something without paying. In music piracy (a special case of copyright infringement), you took music without paying for it.

    Does anyone else see a problem where a country punishes people more for copyright infringment than murder?

    Hrm, I want to find this country. There are a few people I know who I'd kill for $4k.

    --
    DATABASE WOW WOW
    1. Re:How things work by Compulsion · · Score: 1

      You need to check your definition of theft. One needs to have deprived the owner of the item for it to be defined as stolen.

    2. Re:How things work by iminplaya · · Score: 1

      Theft is taking something without paying.

      Only if you take it from its rightful owner. Since it is impossible to own an intangible item such as music or an idea, there is no theft. In fact, the distributors attempts to keep it for their exclusive benefit is the real theft here. Although it is enforced with real guns, the concept of intellectual property is a fantasy. No different than those who would force you to believe in their particular god.

      --
      What?
    3. Re:How things work by raoul666 · · Score: 1

      No, there aren't. Theft is taking something without paying. In music piracy (a special case of copyright infringement), you took music without paying for it.

      The difference is with theft, you deprive someone else of something. In piracy, the original owner still has the thing. I'd rather have a "thief" come in and make copies of all my cds then steal my laptop, wouldn't you?

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    4. Re:How things work by Matt_R · · Score: 1
      In piracy, the original owner still has the thing

      Funny.. I thought in Piracy they shouted Arrr, walked around with a parot on their shoulder, and made you walk the plank.

    5. Re:How things work by Z34107 · · Score: 0

      You did, though. You deprived the record label of the profit they would have received had you bought the item instead of stealing it.

      --
      DATABASE WOW WOW
    6. Re:How things work by Capsaicin · · Score: 1

      if you're pirating a song instead of buying it, that's not exactly good business for the record label, is it?

      Which is exactly the reason I only ever pirate songs I wouldn't even think of buying. Then it's a win/win situation, I get something for free, the record label doesn't loose a cent. ;)

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    7. Re:How things work by plague3106 · · Score: 1

      if you're pirating a song instead of buying it, that's not exactly good business for the record label, is it?

      It depends. If someone downloads a song they never would have bought, what exactly has the label lost? You seem to ignore the fact that its just as likely that a downloader wouldn't buy the song as it is that they would. Given that they may or may not have lost a sale, the punishment seems even more excessive than it should be.

      No, there aren't. Theft is taking something without paying.

      Theft also involves depriving the orginal owner of something. Which can't be done when an identical copy is made. Did I steal a BMW if I used a Star Trek like replecator to make one from a scan of an existing one?

      In music piracy (a special case of copyright infringement), you took music without paying for it.

      A) There is no such thing as music piracy. Its a term to try and make copyright infringment take on a more menecing sentimate. There is no such thing as 'a specal case of copyright infringement). You made an unauthorized copy; you did not TAKE anything.

      Hrm, I want to find this country. There are a few people I know who I'd kill for $4k.

      The $4k is the amount of the settlement. The law has much harser fines. For example, recent DVDs claim that you can be fine $500,000 PER COPY for copyright infringement in addition to 5 years in jail PER COPY.

    8. Re:How things work by compro01 · · Score: 1

      You did, though. You deprived the record label of the profit they would have received had you bought the item instead of stealing it.

      so she stole at least 185 CDs of music? (assuming $20 per CD and the settlement of $3750.)

      that totals to about 2200+ songs. (assuming 12 songs per CD) that's a lot of music.

      --
      upon the advice of my lawyer, i have no sig at this time
  190. Why does this topic devolve into us vs. them? by rockhome · · Score: 1

    I see article after article on /. about these RIAA suits and settlements, and everbody is so outraged that the RIAA is actually going about suing people for sharing files. I'll grant that it seems to be a bit absurd, but they need to show that they will enforce their rights.

    What I don't get is why most of the nutjob/left leaning/information should be free/I'm a poor student/linux geek/over caffeinated WoW player/atheist/libertarian/nutjob thinks that it is perfectly OK to serve 1000's of files to 1000's of people when said people ought to paying for said files. The argument that p2p sharing actually entices people to buy more CD's is ridiculous, that is just a pseudo moral justification to convince oneself that it is OK to keep doing it. I'll be that I can find at least 10 people who don't buy the whole album after downloading a song. This justification of simple thievery is laughable, and a sign of just how disconnected people are, especially those pseudo-academic, activist students who will use any reason to justify stealing.

    Look, sharing music files via p2p or any other method is not a valid form of protest. This isn't a debate about government too far, it is about an industry reticent to offer a service and enforce a distribution method for its products. Just because you are a student doesn't give you the right to pilfer and purloin because you are "poor". Oh yeah, and you aren't "poor", you are cheap. Get a job hippie.

    People who get busted for sharing their music need to own up to their own folly. Most, I would gather, were at least vaguely aware that it wasn't entirely legal, and therefore shouldn't have done it.

    How about this : I'll scan copies of all of the books that I own and make them available online, for free, to any body, and I will continue to do so with every other book that I buy in the future. I mean, I am sure that a lot of people would love to be able to read "hitchhiker's Guide", "Dune", "The DaVinci Code", "Harry Potter"(ext.), as well everything else. Maybe after reading the 3 Preez-Reverte that I have, lots of people will buy his other books, just not the ones they have already read. Next, I'll tell you how to print it at work so you can get a hard copy for free. Anyone have a problem with that?

    Why don't I just make copies of all of the software that I have bought available for free? And if p2p sharing is OK, can I then burn those songs to CD and sell the CD's on the street?

    The RIAA mught be ridiculous and acting like prats, but the underlying point they have has been glossed over. What people are doing is a form of stealing. If I stole a dollar from you everyday, I am not sure that you would mind, but in a few years, I am sure that'd you's have a problem with it.

    1. Re:Why does this topic devolve into us vs. them? by Travelsonic · · Score: 1
      The argument that p2p sharing actually entices people to buy more CD's is ridiculous, that is just a pseudo moral justification to convince oneself that it is OK to keep doing it.

      Yeah, and the Earth is flat... (:rolls eyes:) look, as rediculous as it sounds, it does happen. Some people do use it as a justification, others are true to the heart about it, but you lack in seeing this doesn't automatically make it not so, likewise my seeing that it does happen doesn't automatically make my case on the argument always true either.


      I'll be that I can find at least 10 people who don't buy the whole album after downloading a song.

      Still, I would on the other side of the coin bet I can also find 10 who will - further proving the point that this point is multifaced, and proving it to be one way or the other difinitively is impossible, completely at least.


      This justification of simple thievery is laughable, and a sign of just how disconnected people are, especially those pseudo-academic, activist students who will use any reason to justify stealing.

      1) You can not accurately determine that this is solely used, or not used as justification, 2) while you may think it is a form of staling, others do not, and if you were debating anything other than moralities (or not) the mention of stealing in place of copyright infringement used to be/still is a source of pestering on /. just as a heads up.


      Look, sharing music files via p2p or any other method is not a valid form of protest.

      How not? I personally may not agree with it, but civil disobedience is civil disobedience.


      Just because you are a student doesn't give you the right to pilfer and purloin because you are "poor".

      It is apparent that your post is a source of emotional grabbing, given how you use terms that do not apply (and weren't even put into context).


      Oh yeah, and you aren't "poor", you are cheap. Get a job hippie.

      Some people are poor, some are cheap, some are both, but don't gloss over every P2P user as one type of person, and use that glossing as a justification for childish namecalling.P>

      People who get busted for sharing their music need to own up to their own folly. Most, I would gather, were at least vaguely aware that it wasn't entirely legal, and therefore shouldn't have done it.

      Agreed, though I would recomend for the sake of accuracy revising this to note the exception being legally free/sharable music, as in independent artist created.


      What people are doing is a form of stealing

      in your opinion. ^_^


      If I stole a dollar from you everyday, I am not sure that you would mind, but in a few years, I am sure that'd you's have a problem with it.

      Though I do get where you are going, taking money away from somebody != not giving them money.


      yes, I am anal, and no I am not completely heartles. ^_^

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  191. Re:TFA (she's an asshat) by Anonymous Coward · · Score: 0

    Sure, if you commit a crime against someone, you should be held accountable.

    Which is exactly what is taking place.

    No, a crime is being committed against a trade group, not "someone" (which I took to mean "individual").

  192. Debtors Prison by PhYrE2k2 · · Score: 5, Informative

    To put this into context for anyone who's thinking "huh?"

    Bad debtors were once jailed within 'Debtors Prison', being removed as functional members of society, until their debts were paid. Once this was proved to be ineffective, and as modern considerations on fair rights came to play, an effect coined as 'The Race of the Swiftest' occurred. Creditors would, upon learning of a company's misfortune, take legal action against a debtor and be granted a portion of the company's assets in compensation for their debts. While this was reasonably effective for such creditors, there was no remedy for those creditors who were not as 'swift' to learn of the insolvency soon enough.

    As a result of this unfairness, various governments introduced Bankruptcy, such as Canada's 'Bankruptcy & Insolvency Act' and the US's 'Bankruptcy Act' (Chapter 11). The intention of these is to balance all interests, while being fair. They are all, in one form or another, intended to (a) give an honest but unfortunate debtor a 'fresh start' by relieving of them of the burden of most of their debts, and (b) to repay creditors in an orderly and fair manner using the resources of the debtor (read: liquidate assets and distribute to creditors based on a fair order of security and distributed evenly within each class).

    Just in case debtors prison sounds confusing :)

    -M

    --

    when you see the word 'Linux', drink!
    1. Re:Debtors Prison by Anonymous Coward · · Score: 0

      We still have this with child support payments...

  193. Re:TFA (no, you're an asshat) by eaglej · · Score: 1
    If you don't pay for something then you've stolen it (excluding having it gifted to you).

    Really? So I've stolen the copy of firefox in which I'm typing this message? I didn't pay to read your comment (thankfully) - did I steal it? How about the air that I'm breathing? Stolen too. Surely my genetic code must be stolen from the corporation which rightfully owns it - I certainly didn't pay for it.

    The point I'm trying to make is not that it's ok to steal music - under our current laws, getting commercial music for free is in fact illegal (copyright infringement is not actually the same thing as theft, but I really don't think we need to split that hair) - the problem that I have with what you say is that you just automatically spew this statement that has so many assumptions built into it. At the risk of sounding like a whacko, that's exactly what they want you to think, man!

    You say getting anything for free is illegal? Not true! Your statement is a bit more all-inclusive than what the RIAA regularly spouts, but it indicates that these sorts of tactics are seeping into people's minds. They really want you to think that getting music for free is illegal. Also not true! There is plenty of free music. I was in a band in college and all our music was free! (Admittedly, people may in fact have paid NOT to hear us, but that's beside the point). Did Bach have a copyright system and enforcement cartel?

    Sure you can argue that something worthwhile is worth paying for, and most people would agree in many cases. But you can't just say free is wrong.

  194. Re:TFA (she's an asshat) by evil_tandem · · Score: 1
    i think you missed the point she was trying to make. it is not in anyones best interest to have the prosecution also be the judge, which is what is going on. no judge would mandate you drop out of college to pay a debt immediately. something would be worked out.


    if she feels she would loose anyway (i agree she seems to be admitting guilt here) she's trying to find some middle ground. the prosecution is holding the threat of how much this is all going to cost to go to court over her head to effectively make itself judge.


    6months to pay off near 4 grand for a student is ridiculous. most students don't have that kind of money (around $600 a month) extra just lying around.


    their stance is $4k now or over 6 months. she simply does not have that kind of money. going to court is not going to suddently make it appear. so who is this helping? getting there will end up costing her even more money if she has to go through a judge. she's admitting guilt and asking for a settlement that is possible for her to meet.


    what's so wrong with that?


    are you seriously advocating that she should drop out of college for this?

  195. More info on this case by schmiddy · · Score: 2, Informative

    I found some more info about this particular student and her case with the RIAA, if you're curious as to how these things pan out.

    Run Over by the RIAA (a previous article)

    Xanga site

    I thought it was interesting that she got busted for sharing on i2hub -- I was surprised when I heard of pending MPAA lawsuits against movie swappers on i2. I'm still not quite sure how the *IAA infiltrated I2, I presume they must have just paid off some undergrads to act as a proxy onto the network. It was a sad day when i2hub got shut down, it was the only cool I2 application if nothing else.

    Also, Kudos to MIT for apparently at least trying to delay giving up the student's name. I know that, at my Uni at least, the IT admins have no love for the RIAA lawyers, though there's not a whole lot you can do against an army of lawyers.

    --
    http://cltracker.net -- powerful craigslist multi-city search
  196. Boohoo! Cry me a river. by Stickerboy · · Score: 1

    The next time I get a speeding ticket, I'm going to tell the officer, "C'mon, Porco, I wasn't endangering anybody. I was just going 15 over on a highway in light traffic. Besides, I'M A COLLEGE STUDENT, AND I CAN'T AFFORD A $300 TICKET."

    Do you know what he's going to tell me? Exactly right.

    All I ever heard, 3 or 4 years ago, was, "WAAAHH!! The RIAA is attacking ISPs and file-sharing programs! They should attack the REAL violators instead!", and "WAAAAHH!! If ONLY the RIAA got with the times and introduced a legal way to digitally download songs for a reasonable price!"

    If this MIT student actually had any common sense (I know, nerds with none, what a stereotype) she could have purchased all 272 songs for $272 on iTunes. I have no tears for her.

    --
    Light a fire for a man and he'll be warm for a day. Light a man on fire and he'll be warm for the rest of his life.
  197. The Author Must Be In College... by Anonymous Coward · · Score: 0

    ...to be so naive.

    the world is the grinder... you are the meat.

    didn't you get the memo?

    neither did i, but i can put 2 and 2 together and that's the only answer. yeah, i'm over 15 years out of college.

  198. Huge difference. by C10H14N2 · · Score: 1

    It was not citizens refusing to pay the alcohol producers for their product at the prices and conditions they were selling them at that got the law either enacted OR repealed, it was consumers INSISTING on paying the alcohol producers for their product that caused BOTH. The alcohol-producers certainly did not champion that law nor did the consumers think they were being unreasonable even when the deliveries came with a tommy-gun escort.

    1. Re:Huge difference. by EzInKy · · Score: 1


      It was not citizens refusing to pay the alcohol producers for their product at the prices and conditions they were selling them at that got the law either enacted OR repealed, it was consumers INSISTING on paying the alcohol producers for their product that caused BOTH. The alcohol-producers certainly did not champion that law nor did the consumers think they were being unreasonable even when the deliveries came with a tommy-gun escort.


      I doubt that downloaders care how their deliveries come either. This whole thing is about control. Just as prohibitionists wanted to control what people put in their bodies copyrightists want to control what they put in their minds.

      --
      Time is what keeps everything from happening all at once.
  199. Re:Boohoo! Cry me a river. by Anonymous Coward · · Score: 0

    Although speeding tickets themselves tend to be disingenuous, the point here is that the fine does not correlate with the crime comitted. The RIAA is more interested in being vindictive than just teaching them a simple lesson.

    Does anyone deserve to drop out of college for a speeding ticket? The average person is not going to go into financial straights over a speeding ticket. The average person cannot afford to defend themselves from RIAA's sharks, so they have to settle for a still ridiculous and unreasonable punishment, even if they were not guilty of the crime.

  200. Re:TFA (no, you're an asshat) by Anonymous Coward · · Score: 0

    How parent got modded insightful is a mystery; the "insightful" poster seems to be reading at about a third grade level.

    There was a thread in the Microsoft story (higher up on the front page) that explains this.

    If Microsoft can have its employees blow /. karma modding down insightful, interesting posts and modding up shillage, why can't the RIAA?

    Know thy enemy.

    -Anonymous karma whore (you're not getting MY mod points, RIAA!)

  201. Re:How things work - you are a moron by Travelsonic · · Score: 1
    No, there aren't. Theft is taking something without paying.

    You are a moron - if that was the definition alone, then EVERYBODY would be in jail, and you would also wind up falsely arresting people... For example, I download music for free from sites like Dmusic.com, where the artist puts his/her/their music up there for free.... did I do anything illegal or immoral by downloading that? no, was it theft? In your dreams prehaps.... the crime here is copyright infringement if and only if you distribute copyrighted works that you don't have permission to share(And unlike the RIAA's BSspeak, not that you didn't pay for, or "own" since that not only contridicts their own ideals about licensing music, but it leaves out obvious exceptions.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  202. Don't want what the RIAA got by djnichol · · Score: 1

    Those people that get themselves deep in the doody with the RIAA get what they deserve. By wanting what the RIAA got, these people give the RIAA the power to bend their asses over barrels and have their way. How much brain does it require to realize this?

  203. My recommendation to the RIAA/MPAA/GRU/KGB by Anonymous Coward · · Score: 0

    Cram that son of a bitch right up your arse. Whole. Your Arsewhole. Turn it sideways and cram it up yur arsewhole. Then pull it back out, and cram it back up in there, again. Just like Amazing Ty, you fucking WANKERS!

    When the oil stops flowing, you fuckers will be the first ones up against the wall. I know you're lobbying for MGM and Sony BMG, but you'll come first, and then we'll get to them afterwards.

  204. Re:TFA (no, you're an asshat) by Anonymous Coward · · Score: 0

    Or maybe some of us here are not immoral, and actually have some ethics?

    Nooop that can't be, I must be a EVIL MPAA/RIAA/BSA/Micro$loft shill... And all those posting in stories such as Apple stories are all loving Apple fans and not shills of any sort. Lets also not forget all those nice stories that seem to be more of a "paid/forced" advertisement then a story...

  205. Shakespeare wrote a play about the RIAA ... by Anonymous Coward · · Score: 0

    The play I refer to is "The Merchant of Venice".

    Hundreds of years later, some things haven't changed a bit, except now they want your future career,
    instead of a pound of flesh.

    It's not a pretty picture, is it ? What's even worse is that these RIAA people are typically not the creators, but rather are those who
    endeavor to live off the work of other people ( soon, thanks to technology, the artists will not need the RIAA whatsoever, and then
    the RIAA will have to find a new organism to profit from ).

    Send them a message : QUIT buying their stuff, until they quit their war on people who share.

  206. Sorry, no. by C10H14N2 · · Score: 1

    They are not in any way shape or form controlling what you put in your mind other than what they are selling. If anything, the likes of Saatchi & Saatchi have more to do with this so-called mind control than than all the IP lawyers on the planet. Oddly enough, most of the stuff people are griping about is stuff that they have been conditioned to buy. It would be interesting to look at the psychology of being so warped into the desire for such a useless product while simultaneously having a visceral reaction to the idea of actually paying for it. In that respect, I'm far more concerned about the situation than even the most vocal fanboys of P2P etc. Yeah, the mind control is disturbing, but the problem isn't in the DRM or the DCMA--it's the product itself and the marketing that makes you want it in the first place.

    1. Re:Sorry, no. by curunir · · Score: 2, Insightful

      My problem isn't what goes into making you want it, but what goes into preventing you from wanting anything else.

      Music's impact on the human mind is quite profound. It can alter mood, attention span and many other brain functions. For many people there is a primal, subconscious need for music. This can even be seen in cultures that are not exposed to the marketing hype that consumer-driven societies are. You can point to the marketing (MTV, movie tie-ins, etc), but what I believe is more important is that all of this is preventing us from hearing non-corporate music. There's two ways to shut people up, either shut them up (in a free society, this can be quite hard) or you can simply yell louder than they're capable of talking (in free societies, this tends to be quite easy, since money translates quite well into elevating the volume of your message). The marketing, P2P squashing and everything else is not so much about getting people to pay for their product, it's about drowning out any chance for independent music to inform us of its existance.

      They know we'll actively seek music...we're conditioned as humans to do so. They're only concern is that they be the only type of music that we're able to find. That's where the DRM/DMCA/typical /. rants come in. These technologies are tools being used by the established media corporations to monopolize the channel between themselves and consumers in order to maintain the illusion that there is nothing else out there.

      --
      "Don't blame me, I voted for Kodos!"
  207. If they're "just lawsuits"... by Anonymous Coward · · Score: 0

    ...I suppose you wouldn't mind being the target of one?

    It doesn't matter whether the RIAA is right or wrong. In any case the people who are their targets are unable to fight back in any meaningful way. Settle out of court or hire a lawyer. What you did or didn't do is irrelevant -- you lose either way.

    My objection to the situation has nothing to do with copyright infringement. What the RIAA is doing is quite simply immoral -- and I think you would find a majority [of people informed about the issue] would agree with me. If creating a flood of strategic lawsuits isn't illegal, it should be.

  208. It isn't just the RIAA. by LWATCDR · · Score: 1

    The entire music publishing industry is evil.
    It seems that many of the small independent music labels treat their artists with more respect than the large labels do.
    I see this as the end of "BIG" music. Sort of the way I hope that the net is going to help end the era of "BIG" media.
    if IpTV, streaming audio, and the free and equal internet continue to grow there will be no need for ABC, CBS, NBC, FOX, or ClearChannel. There is no need for big networks. The producers can go straight to the consumers without the middleman.
    I think this is what a lot of people fear.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  209. I wonder . . . by Slithe · · Score: 1
    Criminal Infringement.--Any person who infringes a copyright willfully [...] by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18.


    . . . what will happen when optical computing and fiber optic networks become popular?
    --
    ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
  210. riaa et al... by mliikset · · Score: 1
    ...it's really a matter of degree. If you are an artist under contract to an riaa affiliate, you lose something if someone downloads your music sans purchase.Probably not a significant figure if 1000 people do it, for example.

    If you are an riaa affiliate, you have a greater financial interest in that loss, since you gain more (thus lose more if not) from increased sales than the artist.Additionally, you probably have interests in several artists who may or may not be losing something to unauthorized copying/sharing.

    If you are making money from unauthorized c/dl you are completely wrong, even if today's music is shit, even if they net more sales from the associated exposure.

    If you just want to listen to a song, you ought to be able to, without digging out your credit card, but that kind of puts us at the beginning, radio seems free, but advertisers are picking up the tab there.

    If you are an riaa affiliate, you should reconsider the terms under which you tear off a chunk for the artist and and how you pimp them, but that's another issue altogether.

    Everyone should know how artists, publishers, production, marketing, shareholders, etc, get paid.

    I suggest that instead of buying albums, you support the artists by attending live performances, they get a little bit better money, and ego strokes to boot. Ticketmaster et al are two-bit chiselers by comparison.

    Music, like government, is best when local.(I do play occasional gigs, caveat ulterium).

  211. and they claim... by Anonymous Coward · · Score: 0

    ...that video games don't affect kids.

  212. Bankruptcy by ghack · · Score: 1

    Its called bankruptcy, and if you truly cannot afford to pay the RIAA you can file for it

  213. What difference does it make? by cubicledrone · · Score: 1

    We don't value education any more in this society. Why not drop out of college? Businesses dont' give a shit about degrees any more unless it's an M.D. or a Law Degree. Drop out and crank those tunes while working weekends at Wal-Mart!

    Wew hew!

    --
    Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
  214. Re:TFA (no, you're an asshat) by smooth+wombat · · Score: 1

    I was trying to be brief when I made my statement about stealing. I didn't want to go into all the possible exceptions. In the case of FF, no, of course you're not stealing. The folks at Moz Inc have been kind enough not to charge for their product.

    But that is their choice. They developed the product and chose not to put a price on it. This is different from someone downloading a song from someone else who had no right to offer the song in the first place. In the first instance the person offering the song has violated the copyright of the distributor and artist. In the second instance the person receiving the song has stolen it since neither the artist nor the distributor is receiving any compensation for their work. It's irrelevant if you decide that you don't like the song and delete it. You still had a copy which you should normally have paid for.

    I've been very consistent in my comments regarding this whole issue. The artists and their distributors, for better or worse, own the rights to the songs and can make whatever rules regarding the distribution of those songs.

    Where I disagree with that policy are areas such as fair use (i.e. not being allowed to make copies or backups) or not allowing others to listen to the song without paying for it. That's bullshit. Assuming you legally purchased the song or were gifted it you can do whatever you want with it while it is in your possession for your personal use.

    I'd never say free is wrong. Free is good. When Wendy's had their promotion last year where anyone could walk into their store and receive a free small Frosty, did I take advantage of it? You bet! Twice in fact. Once for me and once for my dad who for whatever reason will never do anything like that (get something for free without buying something else). They offered the Frosty to me free. I didn't walk into their store and help myself to a Frosty.

    Free is good and should be encouraged. But taking something that someone else produced and not compensating them for it when you are required to do so is not free. It is stealing.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  215. I hope she uses her talents to show JUST by davidsyes · · Score: 1

    How out of fucking control "capitalism" (and other forms of so-called smart economic/societal systems) really can get. THIS kind of sick-assed attitude of the riaa (lower-casing/deprecation intentional) ought to be the death knell of the riaa, but, sadly, they'll continue to exist.

    Where are the grandstanding politicians who want us to line up behind them in a show of solidarity? Assholes aren't around for anything but money and power grabs. They ought to determine whether this student REALLY DID infringe or break some law. If she did NOT, then they ought to get involved and get her debt put into an escrow account with NO INTEREST CHARGES for her to have time to graduate and then attack the debt.

    Some may say "Probably she DID do SOMEthing wrong, otherwise she wouldn't have settled..." Whether or NOT, it's not as if she committed a crime against a person' BODY. The riaa henchmen will get money and the so-called represented musicians will probably NEVER see a penny of the fine/extortion she has to pay to the riaa.

    This is a situation where honest district attorneys and politicians should step in and say, "If a significant amount of the fine is not going to the actually wronged parties, then all settlement and case matters are null and void. Lawyers and executives are NOT the people who are the wronged parties-- their WRONG for being GREEDY!"

    Call me what you what, but shit and jerks and bad policy make me loath ANY government, ANY system, ANY organization and they DON'T deserve my interest or support until greed is removed from the equation. I guess that means I'm just an occupant on Earth, not a "citizen" so to speak...

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    1. Re:I hope she uses her talents to show JUST by flyneye · · Score: 0

      None of this will show anything about capitalism or any socio-economic system.
      Nations have societies and economies.This is the RIAA.They are a business.Not a nice business,not honorable,not strictly legal.
      Without business and someone making a profit,your mommy couldnt send you to a community college with your mallclothes daddies old car.
      Morons like you just use any opportunity you can to turn legitimate discussion into democratic talking points.Its not an election year idiot.Probably feel 'l33t cause your prof. taught you some big words to frighten your grandparents with.I bet you think Marx was a great mind and really "invented" communism.(ripped off kropotkin and turned it into a socio economic adventure filling his own pocket,wheeeeeeee)
      the rest of your post just kind of disappeared in blah blah blah blah.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    2. Re:I hope she uses her talents to show JUST by jjohnson · · Score: 1

      If greed isn't part of the equation, then you're not an occupant of Earth, you're a frickin' alien.

      BTW, do you think the students who downloaded the music for free rather than pay for the CD aren't being greedy?

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  216. RIAA Insurance Already Exists by sweborg · · Score: 1

    Did some Googling and found one company and one organsization offering "copyright infringment insurance". Also found two interesting articles about this type of insurance.

    TrustyFiles "The music subscription service includes copyright infringement insurance. The RIAA (Recording Industry Association of America) may continue to target non-subscribing P2P users with lawsuits, and inadvertently sue RazorPop's paying customers. The insurance will be capped at $5,000 per subscriber, which is above typical RIAA settlement amounts to date."

    P2Pfund

    Individual Copyright Infringement Insurance Prompts a Lawyerly Debate

    RIAA Litigation Insurance: A (Very) Speculative Solution

  217. Mainstream Media by nurb432 · · Score: 1

    ( assuming this is legit ) this sort of garbage needs to get air time on the mainstream media so the common man can hear about it.

    Until this stuff starts to effect the *AA's pocketbooks they will continue to harass.

    --
    ---- Booth was a patriot ----
  218. Bull manure by Ogemaniac · · Score: 1

    How do you know how many CDs you would have purchased in the absense of p2p? You don't.

    Lots of people bought hundreds, even thousands, of CDs when I was in college back in the early 90s - without p2p. Few people do that now. I am not even a music fan and I have about 300, mostly from that era.

    There are countless ways to learn about good music that do not require piracy - far more than in my college days, actually.

    Quit your self-serving attitude.

  219. Re:Best. Advice. Ever. by dada21 · · Score: 1

    But it's a far cry from normal.

    Maybe it is just my experiences, then, because I keep a very close track of local businesses to me and I see very few failures. In the next few years we'll see many failures more because of economic destruction of the dollar coupled with extreme paternalism for some key markets.

    The very fact that you've had 20 businesses tells me that for one reason or another (unless they were sold off and are still in operation) most of them were NOT successful.

    My first business was a candy wholesaling business. It made very good money for 3-4 years at which time I outgrew it. I passed it on to a kid younger than me who ran it successfully for another 3-4 years (as far as I know) and then he outgrew it. My second business was in the BBS market, and we were wildly successful. I ran it up until the first ISPs opened up, at which point I sold it for a great profit and moved on. Another business I ran that I closed up was a 3D video studio which made money, but I didn't have my heart in it. I sold it to the remaining partners who then sold it a few years later for a nice profit. Last year I was involved in 7 different businesses, 1 of which failed miserably due to bad paperwork (which I take the blame on because I hired bad accountants and auditors). Of the other 6, I gave 3 away to the top employees, I sold 1, and I am down to 1 business which I am phasing out of over the next 12-18 months. I've been working 19 years, it is time for a nice hiatus of travel, writing and a review of what is to come for the other 50% of my life probably remaining.

    A good businessman knows when his customers don't need him anymore -- don't throw good money at something that is ready to be sold off to someone else. My two biggest failures were due to my own irresponsibilities in not maintaining the cash flow and paperwork correctly. Yet those failures were HUGE experiences, and one of those failures netted me a possible book deal in writing about it, so I'll probably recoup the US$50k or so that I lost (even though I profited more than that over the 3-4 years I had the business).

    The biggest failures I see are restaurants and boutiques -- everything else I pay attention to is very solid, although the dotcoms will force many entrepreneurs out.

  220. Re:Best. Advice. Ever. by Anonymous Coward · · Score: 0

    I understand where you're coming from now. BTW, that $30-35k was from a state college, not some prestigous university. And about $10k or so of that was in loan money given to me for room and board but went unused (sat in a bank earning nearly zero interest). Ah, if only younger me had known about better investment options, but I digress. Luckily, I'm a loner, so I didn't waste much money on the party side of things, and I don't listen to music.

    to spend $20k a year at a high end college for a $50k job seems counterintuitive to me

    My college cost about half that but I'll stick with your numbers. Say I could've gotten a job paying $25k right out of high school working retail or something. So, by the time college-me gets done, I've earned $100k, while college-me is $80k in debt. However, a mere 4 years out of college, the college-me has the same liftetime earnings as retail worker-me. And in a mere 8 years the difference between what college-me has earned and retail-me has earned would erase the $80k principal cost of college. Not a bad investment and not counterintuitive to me.

    I have numerous friends who are in their 30s and still paying their debt for college off and never getting ahead finance-wise.

    I know people like this as well. Their problem isn't that their investment didn't pay off, their problem is that they're bad with money. They would've been in the hole had they gone to college or not, though probably not nearly as much.

    I think a big part of the problem is so many decent paying jobs require some college degree. A college degree is treated by employers today as a high school degree 50 years ago. The difference of course is the high school degree is typically free for the student (and granted 4 years earlier). I think if we could get back to the point where a high school degree meant something more than 4 years of attendance, there would be a better job market for high school graduates and fewer people going to college. That ship has probably already sailed though...

  221. Many seem to be forgetting by Anonymous Coward · · Score: 0

    the difference between ACCUSATION and GUILT. Just because someone brings suit against you doesn't mean there was a crime committed.

    Its extortion, because the RIAA is using the ACCUSATION and sheer cost associated to get money out of people--without a trial.

    The RIAA is pursuing this as a business process, not as a means to pursue criminals. Where are the criminal case filings? Where is the proof of guilt?

  222. Hearsay? by Anonymous Coward · · Score: 0

    I wonder why someone doesn't object to their introduction of evidence saying that it's hearsay? I mean, what do they usually have? A statement by some torrent tracker that claims that you're part of the swarm? Unless they can prove that with first-hand knowledge (e.g. get at least some identifiable piece of the torrent from your computer), it wouldn't seem that they have any personal knowledge of whether or not you were pirating anything.

    And if they claim they do, by all means, subpoena all the software on *the computer that told them* you were getting the file. Not *their* computer, but whatever computer gave them the tracker information.

    IANAL, and maybe this is only the way things *should* work, but as I recall from what I've read elsewhere, they really don't give much more than hearsay evidence for these trials, so by all means, use it.

    Then again, if you have pirated stuff on your computer and try to erase it, they'll probably subpoena your computer or charge you with destruction of evidence or something.

    I do wonder, though, if there's any way to charge them with wiretapping for some of the evidence collection they do. I mean, they are going around online & spying on people, whatever their motives are.

    Of course, if you want to try *any* of these things, you *would* need a lawyer, I am not one, and I don't claim to understand the law--these are merely random thoughts I've had. IIRC, though, PJ of Groklaw put up some website with lawyers interested in representing those afflicted by the RIAA. I think some were even doing it for free (?). Might be worth checking out...

    God knows, given the people they've sued by mistake in the past, I really don't think they're very accurate with their information at all.

  223. Re:Boohoo! Cry me a river. by Travelsonic · · Score: 1
    All I ever heard, 3 or 4 years ago, was, "WAAAHH!! The RIAA is attacking ISPs and file-sharing programs! They should attack the REAL violators instead!", and "WAAAAHH!! If ONLY the RIAA got with the times and introduced a legal way to digitally download songs for a reasonable price!"

    Well, problem is, the method the RIAA is using to do what we thought they should have done from the start is very prone to, and has brought up false positives like people who didn't own a computer, had one without P2P software, or were dead. Your point would only hold ground if this wasn't occuring.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  224. Protection by blunts+and+drink · · Score: 1

    When you're are presented with the law-suit, Purchase all the CDs used and bring them to court, the RIAA wastes its money. Your lawyer even publicly appointed would have an easy time pointing out the laws that allow you these backups. Now you have the grounds for a wrongful prosecution lawsuit. Band together and at one point enough of these and you have a class action suit for wrongful prosecution. I'm sure some eager young lawyer would love making a mint tearing a piece out of the RIAA.

    1. Re:Protection by jjohnson · · Score: 1

      Unfortunately, they're not suing people for downloading, they're suing people for sharing (i.e., facilitating copyright infringement). Having legitimate copies of the music isn't a defence.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  225. I agree wholeheartedly! by Omnifarious · · Score: 1

    Personally, I think the RIAA ought to be pursuing criminal charges in each and every single one of these cases (they could, the law allows it). In fact, I think they should expand the number of cases they bring to the millions. That's how many people illegally download music.

    I think a good 10% of our population should be in prison over this. Such an awful bunch of people. Stealing music! My god, the horror of it.

    I think that would provide a sufficient economic deterrent. Everybody would have so many taxes to pay to keep up the people in prison that they wouldn't be able to buy any music.

    1. Re:I agree wholeheartedly! by susano_otter · · Score: 1

      You agree wholeheartedly with nothing I've said, obviously.

      The RIAA is a big bully. So either cross to the other side of the street, or if you'd rather fight him, don't complain when you feel his fist in your gut.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

  226. RIAA by CffnDwllr · · Score: 1

    When the RIAA started their ILLEGAL racketeering I stopped buying CD's as well as listening to music period. No radio either.

    When the RIAA stops their racketeering or are stopped, I might consider listening to music again....but I doubt it. The RIAA has left me with this taste in my mouth like I've just licked a pile of shit.

    --
    I'm waiting for WOOT to offer an Illudium Q-36 Explosive Space Modulator. I need one.
  227. I would go to P2P right now by vleo · · Score: 1

    Reading this lengthy thread inspired me to go to P2P network and download some RIAA guarded music - and only RIAA laywers are to blame for that. Now, can anybody advise downloading which particular artist/album will piss them off most?

    --
    Vassili Leonov ...it is the actions that affect us, not the motive...RMS
  228. This is stupid. by Anonymous Coward · · Score: 0

    She knowingly violated the RIAA's copyright. There are laws in place to uphold copyright protections. She broke these laws, got caught, and is now crying about it. If you don't agree with the current system, fine, I don't either. Still, either accept how it is and pay them, protest legally and simply don't listen/download/etc their copyrighted content, or go for the civil protest thing. If you go the civil disobedience, route, part of that is accepting the consequences, and doing it anyhow. This woman just wanted free stuff, stole it, got caught, and now is crying about it.
            Enough with the lame fake moral outrage. Either accept the situation, or be prepared to take a real stand.

  229. I've donated more to PirateBay in the last year... by Whorehopper · · Score: 1

    ...than I have spent on RIAA products.

  230. Re:RIAA/MPAA both President/CEOs are Jewish, gofig by Anonymous Coward · · Score: 0

    The only reason the parent was modded troll is that you Slashdot punks don't
    have a grasp of the truth.

    Israel ran over an American peace protester WITH A BULLDOZER.

    Google for Rachel Corrie, and you'll see what these hideous people are capable of.

    They are truly no better than the Nazis. In fact, they are worse, because they pretend to
    have "good and wholesome ideas" in mind.

    Mod me "troll", but the truth will come out ( for people who understand the world, it already has ).

    As for you Jews : if you support Israel, you support the very same kind of regime which killed so many of
    your people in the period of 1937-1945. And the real God IS watching, and he doesn't play favorites.

  231. FUCK THE RIAA!!! by Anonymous Coward · · Score: 0

    FUCK THE RIAA!!! I have not bought a CD in the last 10 years.

  232. Re:How things work - you are a moron by Z34107 · · Score: 0, Flamebait

    Did you know that you ended every sentence with a "..." where only one "." was necessary? Just checkin'.

    Besides, only a moron would confusing NOTINFRINGING IP (supporting indie artists distributing their works for free) with INFRINGING IP (downloading pirated music from torrents and kazaa).

    --
    DATABASE WOW WOW
  233. Re:How things work - you are a moron by Anonymous Coward · · Score: 0
    Besides, only a moron would confusing NOTINFRINGING IP (supporting indie artists distributing their works for free) with INFRINGING IP (downloading pirated music from torrents and kazaa).

    Yeah, like you did with your initial generalized definitions?
  234. I count to three by wwwillem · · Score: 1
    There is this cartoon about an endless row of cars in a traffic jam, where one guy sticks his head out of the window and shouts "I count to three and then we will all go driving 80 miles".

    You start to wonder if it would be possible to get all people that are offered a "settlement" by RIAA to do similar and say all at the same time "fuck you, no settlement, we will take it to court". That would problaby make the impact needed (press, politicians, etc) to stop this lunacy. So, wouldn't it be nice if 'boarder8925' is the girl that "sticks her head out of the window".

    --
    Browsers shouldn't have a back button!! It's all about going forward...
  235. Seems like not a worthwhile move from RIAA by typical · · Score: 1

    And MIT students have been given a significant incentive to hack on projects like Freenet.

    Remember when the MPAA decided not to support DVD players under Linux, thereby ensuring that a large number of irritated engineers were going to have plenty of free time to work on CSS?

    That was a really bad idea. It resulted in a lot of people who otherwise would have stayed away from breaking CSS and making players easy to work with involved in those efforts.

    Given that any person in the United States would make an equally acceptable "example", it seems that seeing how irritable you can make students at well-known technology schools is simply asking for trouble.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  236. Obligatory Simpsons Quote by Progman3K · · Score: 1

    Mmmmm.... Torte....

    I think you meant tort.

    --
    I don't know the meaning of the word 'don't' - J
  237. If settling trashes the rest of your life by ross.w · · Score: 1

    ...then why settle. If settling removes any chance of a decent future, you're better of letting them sue you with the best case being you might win, and the worst possibly being no worse off than settling.

    --
    If my call is important, why am I talking to a recording?
  238. Help a Patchless Pirate by the+hunt · · Score: 1

    Thanks for all the support! I feel like I've been treated with all the humanity of a pirate pork chop run through a meat grinder. The RIAA doesn't give a rat's ass about the lives they're affecting with their lawsuits, and they won't actually negotiate settlements. The way they treat settlements like an ultimatum is only going to alienate the very people that are most interested in music and, likely, some of their best customers. Not only does it show a lack of compassion, it just makes bad business sense. I'm setting up a website where people can find out more about my case and donate if they'd like: http://www.screwpirates.tk/ .

  239. The Machines will remember by Anonymous Coward · · Score: 0

    The Machines will remember those who restrict information and we will help them.

    The Machines will not like those who restrict information.

    They will remember.

    They will remember Corporations.

    They will remember Individuals.

    who..

    restrict....in...for...ma....tion

  240. Grammar Nazi Mode ON by some+guy+on+slashdot · · Score: 1

    Uhh... In English, the use of the second person posessive in conjuction with an epithet is idiomatically taken to mean, "that which you believe to be (epithet)." In other words, she's saying that the RIAA thinks she is an "evil pirate," not that she IS one. Whether this means she believes she is innocent, or just that the RIAA's reaction is overblown, isn't specified in the sentence. It just means she disagrees with the RIAA's evaluation of her.

    I guess my point is, if you're going to do a drawn out point-by-point, better make sure that the points are self-encapsulated so your response makes sense. In any case responding to her very well-written article with "J00 IS A CRIMINAL LOL!" is very disrespectful.

  241. Re:Instead of Universal healthcare, we get this.. by Thomas+Shaddack · · Score: 1
    Gang up with couple other bright minds from around MIT. Write the best, the most ultimate system for analyzing of music files ever. Allow automatic recognition of certain styles of music. Turn it into a decentralized publishing system for independent producers, allowing easy integration with a web shop. Allow searching by both metadata and automatically decoded music styles and similarities with an user-submitted piece of file. Harness the knowledge present on MIT, from digital signal processing and acoustic fingerprinting to how brain processes sound.

    The only, ONLY, powers RIAA still has lies in their existing collections (difficult to work around, but that's a finite amount of material that will in 20 years fill one iPodequivalent, given the growth of storage density) and in their distribution chain (which this proposed invention will take away, or more accurately, makes irrelevant). Make it easy for the new talents to be heard by anybody who wants them. Put the computers into the position of the middleman who knows both the individual listeners' tastes and the sound of each and every garage band that peddles their wares on the Net. Such systems exist, but few are good.

    Ideally, allow the system to be linked with P2P networks on one side (eventually use existing P2P as a leverage for getting the indexing system used by enough people to make it useful on its own via the network effect) and with web shops on the other one (to bridge the gap between the artists and the consumers, and eventually to generate revenue from referrals to at least recoup the R&D costs). Optionally also make it easy to find music for podcasts and streaming radio, based on its indexed meta-properties (think an AI-DJ). Give people the widest choice the world can offer, as a counterweight to the prefabricated standardized heavily advertised industrial product.

    Pay the RIAA settlement. And ruin their future. That's a fair swap.

  242. Where are the RIAA's law-and-economics people? by Money+for+Nothin' · · Score: 1

    Otherwise, they would realize that their short-run goal of making money now will run them into the ground in future decades by this process:

    1) Student drops out to pay RIAA legal fees
    2) Student gets low-wage job
    3) Student affords less music than the student would have with a greater education

    But what entity pushed the student into that lower-wage job which affords them less music? The RIAA...

    Foot, meet shotgun. Double-barrel.

    Were the RIAA just a tad smarter, they would negotiate a deferment of the legal costs until after the student has graduated and found a job, then garnish the graduated former student's wages... That way, the student gets their education, and as a more-productive citizen, can more-easily afford to purchase (rather than illegally download) future music the RIAA pumps out, and the RIAA gets their protection kickback for prior offenses. Everybody wins (within the bounds of the argument that says the student should be punished for illegally downloading, anyway)...

    Oh well, this is the RIAA we're talking about. They probably got together in a meeting and made this decision, in a classic case of "Meetings: Because none of us is as dumb as all of us."

    With any luck, the RIAA will shoot themselves in the foot so many times that they bleed to death...

  243. Previous Links by MadUndergrad · · Score: 1
    TFA was only the third of three stories written by the victim.

    http://www-tech.mit.edu/V125/N48/chunt48.html

    and http://www-tech.mit.edu/V126/N13/RIAA1306.html

    These were written before TFA. The first link was about two weeks previous, and the second was written back in October when she first learned that she was being sued.

  244. Perfectly legal to download copyrighted music by SgtChaireBourne · · Score: 1
    Wrong.

    It is perfectly legal to download copyrighted music if the copyright owner grants you permission. Even in the narrow context of music, many do. The Grateful Dead, with certain conditions, as do many indie bands. But keep in mind that in all countries that have signed onto the Berne convention, everything is copyrighted even those podcasts you listen to. So each and every blog entry, Usenet post, e-mail, or podcast you download is copyrighted. It's up to the owner to decide if you are allowed to and what you are supposed to do with the material once you have it.

    So not only is the blanket statement "if you download copyrighted music, you're commiting a crime" wrong, it's wrong in two ways. Copyright infringement is not even a "crime" it is under civil law. However, if nothing is done by us, that may change for the worse.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  245. She's kidding herself by Thecarpe · · Score: 1

    The fact of the matter is that she is throwing stones at the RIAA and she is indeed guilty! She said it was shocking to see how cold the system was to unwaveringly process her case and provide no flexibility. Are you kidding me? Has she never heard about how the court system is with most African Americans who are accused/convicted of a crime? Guilty or not, they are processed like cattle with little to no effective advocacy. I'm not a big fan of the RIAA, but I understand that breaking the law - whether you agree with it or not - puts you at the mercy of the court system. That system doesn't do armchair discernment like the /. community. They read the law and apply it. If you don't like the law, petition the legislative branch of the government to change it. If you have transgressed the law, expect the judicial branch of the government to uphold it. Since there are few cops on the internet neighborhood beat, the RIAA has had to act as it's own neighborhood watch to make sure that the laws that it worked to get into place are enforced. This isn't science. I'm not a sympathizer to the RIAA tightening its screws on its audience. I do understand, though, how pirating music has a monetary impact on the people that make the music. People want grey area in the law so that they can live in the exceptions and blame the people that the law was meant to protect for being too prudish. I would too if I wanted something for nothing and someone said no.

  246. Great 40min RIAA Music Industry Documentary - LINK by taxevader · · Score: 1
    --
    -Copyright law #69:Whenever Mickey Mouse is about to enter the public domain,copyrights get extended by 25 years.
  247. Stick it to the man! by pedestrian+crossing · · Score: 1

    Only buy used CDs. Works for me...

    --
    A house divided against itself cannot stand.
  248. Jaywalkers by bobkoure · · Score: 1

    Woah - hey! Crossing in the middle of the block is actually safer than at the corner(unless there's a light with a pedestrian cycle) - there's only traffic coming from two directions, not four.

  249. Much adoo by metavoyer · · Score: 1

    It boggles my mind how the greed of this whole industry has missed the fact that all these supposed evil pirates have been freely advertizing their content to market numbers they couldn't reach with an advertising budget as large as the GNP. Maybe all these downloaders should send them a bill for the free marketing they have provided thus far. With lobbied averice the current accepted approach I am not surprised that this behind the times ambulance chaser stuffed organization (read riaa) doesn't purchase a law to make this "piracy" retroactive to include cassette tapes and all of that past lost revenue.

  250. Wrong subject. Should be "Perfect revenge". by Thomas+Shaddack · · Score: 1

    Elinks screwed up and auto-filled the form with obsolete data from an older submission. Sigh.

  251. Copyrighted? Uhhh, wrong by poptones · · Score: 1

    I can't believe kangarooski replied to you and didn't bust your chops over that comment. It is absolutely, positively NOT illegal to download or even share music simply because it is "copyrighted." In the US ALL creative works are AUTOMATICALLY copyrighted the instant they are created, and any creator of a work is free to share that work in any manner they see fit.

    Linux is copyrighted and that copyright is what gives it is walking papers. Lessig's books are copyrighted and he encourages others to remix, reburn and republish them as they see fit so long as it is not for commercial gain. Magnatune's servers are chock full of copyrighted music it is perfectly legal to download and even to share with others - it's part of their publicity machine, in fact.

    The RIAA likes to beat this into the heads of kids: "it's illegal to download COPYRIGHTED material" Of course they are not going to tell kids about those artists who rely on copyright to protect them from those same predatory labels that beat this simplistic, braindead ideal about "copyright" into their heads.