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.""

Comments

TFA

[bwthomas]

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

Just in case, article text

[Geldon]

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

Re:RIAA has some learning to do

[cpt kangarooski]

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.

Re:Evil

[jjohnson]

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.

Re:How do we tell who is with RIAA

[Dachannien]

http://www.magnetbox.com/riaa/

Some Good Advice

[mshurpik]

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.)

Debtors Prison

[PhYrE2k2]

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

Re:RIAA has some learning to do

[cpt kangarooski]

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