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130 Filesharer Homes Raided in Germany

Flo writes "Today, 130 homes have been raided in Germany under the allegation of filesharing. Law enforcement agencies had been monitoring an eDonkey-Server for two months. 3500 identified users are being investigated. Searches took place when users shared more than 500 files. Partners of the music industry helped identifying copyrighted material, but monitoring of the servers was solely done by law enforcement."

45 of 431 comments (clear)

  1. I invoke my Triple-S Rule by OverlordQ · · Score: 4, Insightful

    Searches took place when users shared more than 500 files.

    I hereby invoke my Triple-S Rule which stats: Sharing Shit (they) Shouldn't

    News flash: Break the law, and you might get caught.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:I invoke my Triple-S Rule by SetupWeasel · · Score: 2, Insightful

      Break the law and you may get caught, if you are a consumer. If you are a business, you get to settle out of court for pennies on the dollar.

    2. Re:I invoke my Triple-S Rule by Mistshadow2k4 · · Score: 2, Insightful

      Settle? Most of them never even have to settle. Somebody tell me again why regular citizens shouldn't be allowed to break the law while corporations do so whenever they please.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    3. Re:I invoke my Triple-S Rule by DrEldarion · · Score: 4, Insightful

      That statement is ridiculous - it should be the opposite. "Somebody tell me again why corporations should be able to break the law when regular citizens get busted for it."

  2. Much better than new laws by moquist · · Score: 2, Insightful

    This is excellent news. The IP rights-holders appear to be responsibly investigating the actions of people violating copyright law.

    I'd rather have a million more Jane Doe lawsuits and investigations like this one before DRM achieves greater legal backing than (in the United States, anyway) the DMCA already gives it.

    Copyright holders have always had the right to take legal action against copyright violators, but they made a tactical error when they chose to fight Napster instead of the users, and when they attempt to pass laws instead of civilly enforcing existing laws.

    1. Re:Much better than new laws by HaloZero · · Score: 5, Insightful

      Raiding the home of a citizen is in no way, shape, or form 'civil', regardless of their level of infringement.

      --
      Informatus Technologicus
  3. Re:This confirms it. by Anonymous Coward · · Score: 1, Insightful

    NEWSFLASH: Sony and the RIAA are not law enforcement agencies.

  4. Re:This confirms it. by HaloZero · · Score: 5, Insightful

    Let me be exceedingly clear on this point.

    The RIAA and the Sony Entertainment Corporation are NOT LAW-enforcement agencies. They are entities designed to make money. In making said money, they have the means to buy government influence.

    This is called corruption, even while the coporation continues to screw the consumer.

    The ethical debate we - as citizens, consumers, potentially file-sharers, and ultimately the ones with the votes - have to deal with is: which is more, or in this case less ethical? Corruption at a federal or even International level, or Copyright Infringement?

    That is a choice I leave to you.

    --
    Informatus Technologicus
  5. Re:firewall domestic/national peers? by Baseball_Fan · · Score: 4, Insightful
    If you're american, just shut off all peer connections from your comrades in the states.. connect to japanese/canadians/europeans.. I'm sure they'll be happy to share files with you.

    I don't think that would help. They can nail you for sharing files, even if the people you are sharing with are outside the USA. I don't believe law enforcement has to prove the other party downloaded anything, just that you were sharing.

    What if someone in Germany was sharing a popular MP3. I download it in the USA. Does that make it less of a crime than if I downloaded it from someone sharing in the USA.

    But to the point. These laws are stupid. File sharing is no different than what many people did in the 80's when they made tapes of music and shared it. Or taped music off the radio. I remember when radio stations used to not speak when a song started, so you could make a good copy. Now, the RIAA is going nuts and calling it theft. I always believed theft is those guys who profit selling pirated copies. But giving it away for free because you liked a song is not the same thing. Too bad the law disagrees with me. It makes me believe the RIAA used lots of cash to buy legislators to vote their way, after all, running an election is expensive.

    If you ask me, the RIAA is a bunch of jackholes. Long before they started suing, they invaded the p2p networks and made available bad copies of mp3's. People would download them, and then realize it was 3 minutes of a screeching sound. I stopped buying music around that time and I remind myself just how friendly those big music companies are. I guess it wasn't good enough when I used to buy CD's and listen to the occasional MP3 on-line. Now they can live without my money.

    And look at the trends with television viewing. Everything is going digital, so you won't be able to make a copy of anything. No more VHS, even TiVo is having a new flag which will force anything recorded to be deleted in 7 days (if the station uses the flag). And to top it off, when you want to fast forward commercials, guess what TiVo does? A pop up box with an advertisment is shows. Geez, isn't that why I'm fast forwarding. Lets face it, we live in a world where movie theaters force us to watch 30 minutes of commercials before they start the movie we payed $10 to see with the $6 popcorn and $6 soda. And when the DVD comes out, we are forced to watch previews of the FBI warning screen without the ability to fastforward. And a year later, the same DVD is released with special features.

    They exists to rip us off. If they just wanted sales, they would treat the customer with respect. But there are too many people, and there is always someone willing to buy.

  6. Balanced and fair response by Petrushka · · Score: 4, Insightful

    Hmmmm yes, raiding people's homes is clearly a fair and balanced response to allegations of copyright infringement.

    1. Re:Balanced and fair response by shark72 · · Score: 3, Insightful

      Do you have any suggestions for an alternative? Should the authorities simply ignore claims of copyright infringement? Or perhaps use the honor system -- call the suspects on the phone and ask them if they've been sharing gigabytes worth of copyrighted material?

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Balanced and fair response by Threni · · Score: 2, Insightful

      > Yes, how DARE those police investigate credible leads of crimes being committed
      > and undertake searches justified by probable cause!

      Crimes? There are proper crimes that need investigating. If you ask people whether they think taxpayers money should be spent tying up the legal system and criminalising people who are just copying music, most people don't agree. Have you never taped music from a friend? Do you think you should have your door kicked in? It's against the law to copy music but I don't think it's immoral, and there's certainly no victim in the way that the laws were put in place to protect.

      The sort of punishment that fits the `crime` of copying music would be something like slowing people's net connection or something - not state sponsored theft of their PC, fines and criminal records.

    3. Re:Balanced and fair response by Xebikr · · Score: 2, Insightful
      Should the authorities simply ignore claims of copyright infringement?
      In a word? Yes. The authorities should concentrate on circumstances where actual harm is being done. Like shoplifting, mugging, political bribes, etc.
  7. Re:I'm not surprised about this happening in Germa by iSeal · · Score: 4, Insightful

    Yes, but likewise you don't hear about Germany applying pressures to the USA for copyright extensions. Though they might be worse nationally, the extention propositions have always come from internal corporate lobbying pressures; and not a sense to "catch up with the rest of the world."

    It's sad really, as its meant the death of one of humanity's greatest intellectual achievements: the public domain. I equate it to the extermination of public libraries; sacrificing the bettering of society for the sake of saturating the corporate coffers. Of course, when politicians in charge of copyright reforms in the US are themselves bribed (via election funds) $300,000 by entertainment conglomerates, how can we expect any differently.

    I'm not saying that corporate concerns should have no say in law-making; I'm saying that the laws that are being designed right now should have more of a balance.

  8. Re:Not much sympathy by Admiral+Ag · · Score: 5, Insightful

    > I'm as liberal as the next guy, but people who steal things understand the risks involved, or if they don't, they deserve what they get simply out of ignorance.

    People who use the law to defend industries for which there is no longer any need are enemies of the people. ;)

    The recording industry should just die. File sharing is the best thing to happen to music since the invention of the LP (it completely rekindled my interest in popular music after years of apathy, and the same goes for many of my friends). Copyright is supposed to be about the interests of the consumer. Well, it's quite clear that the interests of the consumer are served better by the free exchange of music than by having to financially support an industry.

    People will still make and distribute music if they aren't being paid (for all sorts of reasons). If you don't want to, you don't have to. But don't crap on the listeners who have no need to support an outmoded business model. No one has any moral right to make money from music, just as no one has any moral right to make other people pay every time they tell a story you told them.

    File sharing is like marijuana - you just aren't going to be able to stop people from doing it.

    --
    "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
  9. Criminalization of society by Eloquence · · Score: 5, Insightful
    DSL with downstream up to 16 MBit is now very common and cheap in Germany. This means that, theoretically, you can download almost a complete song per second. Affordable hard drives store up to 500 GB -- which translates to roughly a full year of uninterrupted listening pleasure. Burn your songs on DVD at 4.7 GB -- almost 5000 minutes -- per disc. My point: Today's technology makes "mass pirating" as easy as exchanging 20 grams of polycarbonate. It's something every kid with a computer can do. Not to mention that even those who just wanted to download something may have become uploaders without realizing this -- virtually all file sharing programs share the stuff you receive.

    Those who argue "Serves them right, they knew it was a crime" don't realize just how bizarre this whole situation is. You have police come to your house, take your computer away, and you'll get fined with thousands of Euros for something which is utterly trivial. If this is taken to an extreme, it's even worse than the "war on drugs": You don't even have to leave your house to be labeled a criminal.

    The music industry has this funny idea that they can scare consumers into using iTunes and similar networks. This will work -- for a while. But when you have all the technologies mentioned, copyright infringement that is undetectable will become prevalent -- because you just download 1 GB from your friend via IM, or swap DVDs (or soon HDDVDs), or use IRC and FTP. And it's not like you have to be a technology savvy guy to do these things. My mom can use IM, when she gets broadband, she can swap files.

    So, what you are left with is completely arbitrary enforcement on some services, scare tactics that work against some, while the underlying "problem" keeps getting "worse" because of technology (hardware, software). Just wait until the next file sharing application with a built in "how anonymous do you want to be?" slider comes along.

    The problem will only go away when those who make music embrace sharing as a way to popularize it. Those who like it, will pay. What will work better in the long run -- scaring people into paying? Or letting them choose to? If the industry doesn't realize the answer and tries to criminalize society instead, it's time for people to force them to. I really hope that initiatives like the Swedish "Pirate Party" are successful in working towards the decriminalization of non-commercial copying.

    Marijuana is legal in quite a few countries. It can happen.

    1. Re:Criminalization of society by redelm · · Score: 4, Insightful
      Fully agreed. Any law that is widely and perhaps unknowingly broken can only be enforced sporadically, and therefore arbitrarily. This is a fundamental threat to freedom. A totalitarian regime makes everyone a criminal so they can punish arbitrarily. And more importantly, shape behaviour by the mere hint of punishment. Prior restraint.

      Very respectfully, I would have hoped that Germany had learned from its recent experience with the Stasi, and their predecessors from 70 years ago.

  10. Re:Not much sympathy by Mr.+Slippery · · Score: 5, Insightful
    Copyright Infringement in this case is stealing

    No, in no case is copyright infringement stealing. They are two completely different things. (If you broke into my house, took the masters of the songs I'm working, and copied the stolen data, that would be both copyright infringement and stealing, but still two seperate acts.)

    as the author deserves some proceeds from their work.

    Perhaps. That doesn't means that a state-created artifical monopoly on the act of making copies is, or ever was, a good way to see that authors and creators get paid; any more than making people sing royalties for singing in the shower would be pratical, moral, or just.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  11. Numbers seem off... by Israfels · · Score: 3, Insightful
    Forgive the bad google translation:
    TFA:
    Altogether it came up to the early afternoon to 130 house searches in the entire federal territory, zirka 100 computers and large quantities further evidence was therefore guaranteed, among them thousands of CDs.
    Does this mean that of the 130 homes they invaded, only 100 even had a computer to take as evidence? What if there was more than one computer in some houses? I really doesn't seem like that percentage justifies the home invasions of a good number of possibly innocent people.
  12. Solved! by kirkb · · Score: 5, Insightful

    So this must mean that Germany has solved all of their problems with child porn, identity theft, extortion, and all of the other shady activities that can happen online, right?

    Because there's no way that they'd place corporate trademark and copyright issues ahead of the safety and security of their citizens, would they? On the taxpayer's dime, too?

    --
    Slashdot: come for the pedantry, stay for the condescension.
    1. Re:Solved! by Anonymous Coward · · Score: 2, Insightful

      I'm not comfortable with raiding homes either, but saying that worse crimes occur is not a fair criticism. Which other crimes would you like them to ignore? We can forget about extortion and identity theft while child porn and rape continue, right?

    2. Re:Solved! by g1zmo · · Score: 2, Insightful
      Major problem with your comment: You're saying something similar to saying "People are still being murdered, so we should ignore rape and theft until we've caught all the murderers."

      Another major problem:
      You're equating copyright infringement with murder and rape. If we're following those lines, then don't forget jaywalking. Throw that in there with rape and murder too. And speeding, minor in posession, and expired vehicle registration. They all deserve the same amount of attention from law enforcement.
      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    3. Re:Solved! by ejp1082 · · Score: 2, Insightful

      The argument goes more like this:

      We have a finite number of resources to dedicate towards law enforcement. Are the most grievous crimes, involving physical safety and security of the citizenry, sufficiently under control that we can dedicate public resources to going after something as minor as filesharing?

      It seems to me that there's a lot of more serious issues that could use those dollars, from violent crimes to homeland security and even *real* piracy - the guys *selling* bootleg CDs and DVDs, before we should consider using time and money to go after teenagers using P2P apps.

  13. Don't share shit, that's good, dickhead. by twitter · · Score: 4, Insightful
    I hereby invoke my Triple-S Rule which stats: Sharing Shit (they) Shouldn't. News flash: Break the law, and you might get caught.

    Fuck you and your RIAA buddies. If you give me the choice between P2P retrieval of legitimate content and my RIAA music collection, I'll wipe my non free music in a heartbeat. It's crap like this that tightens my resolve to avoid non free music. I can get all I want from archive.org, magnatune.com, others like them, artist CDs bought at the club and etunes. You pigopolists and your old commercial shit are on the bottom of my list.

    We can debate the morality of surrendering to government sponsored ownership of culture, but the practical path is to not help by sharing non free material. Government mandated broadcast monopolies and many other bogus laws lead directly to the creation of the big three music publishers. As the owners of the previous convenient means of sharing music, radio, the publishers have co-opted a large part of our culture. No one really won that one, least of all artists and those actually making the music. The best way to fight it is not to purchase or share RIAA shit.

    Lack of hassle is another reason to delete it all. The accused should be presumed innocent, despite having their doors kicked in. As I pointed out, there's plenty of free content out there by people who want you to share. Much of it is easiest to get by bit torrent and other P2P services. If possesion of RIAA shit is the incriminating evidence, you might be better off without it. That way, I won't have some dickhead like you tut tuting in my face about how I'm getting what I deserved.

    That's kind of what they want - RIAA only or nothing RIAA for you. They are forcing you to chose. If everyone gave them what they wanted, the world would be a better place.

    --

    Friends don't help friends install M$ junk.

    1. Re:Don't share shit, that's good, dickhead. by aaandre · · Score: 2, Insightful

      Please mod parent up. Just because he's passionate ("Fuck you and your RIAA buddies...") doesn't mean he doesn't make a lot of sense. Thank you.

    2. Re:Don't share shit, that's good, dickhead. by octopus72 · · Score: 2, Insightful

      This way of performing investigation is, IMO, still much more fair to users than practices preferred by music industry. Police forces, as opposed to various RIAA/MPAA-like organisations, do have the right to collect legitimate evidence and were probably even authorized by copyright holders to share copyrighted material in this investigation, if needed. Important bit is that their evidence is less likely to be falsificated. Sincerely, I don't understand how RIAA/MPAA logs can be any evidence, even in US courts, because they can write whatever they want and present it to court.

      German police also contacted RIAA to verify if data is copyrighted. Well, you can bet that in USA they wouldn't even bother before knocking on your door.

      Massive Edonkey sharers are likely to be targeted by this kind of operation (i.e those who share 500+ files). Bittorrent is much harder to track in that way, because it doesn't have a central database with each shared file (per server) so it's much harder to find people who are sharing HUGE amounts of material online. Therefore operations like this won't change a bit.

  14. Re:Not much sympathy by flooey · · Score: 1, Insightful

    Copyright is supposed to be about the interests of the consumer.

    Actually, it's quite the opposite; copyright is about the interests of the artist. The point is to give an artist the ability to make money on what they create, so that artists have an incentive to go on creating, thus encouraging the progression of the arts. The individual consumer's interests are not central to the idea of copyright at all.

  15. Re:Not much sympathy by laughingcoyote · · Score: 4, Insightful

    I don't think the guy who stole my car battery was planning on buying one for himself. That doesn't make sense.

    Neither does your analogy. If I steal your car battery, you no longer have it. On the other hand, if I can make a copy identical to the one you have, you've still got yours and I've got one too.

    Hasn't this been gone over frequently enough? Copyright infringement may be illegal in many countries (whether or not it should be), but that doesn't make it theft, any more then the widespread prohibitions against drunk driving make that theft.

    --
    To fight the war on terror, stop being afraid.
  16. "What's the difference...?" - Joshua by larzluv · · Score: 5, Insightful
    Many, sadly here on Slashdot, too, subscribe to the thought that "artists *deserve*" this-or-that. That it's their "right" for such-and-such. Okay, let's accept that for a moment. Then riddle me this:

    [1] (Forget your employment contract, as most of you conveniently forget the actual contract between an "artist" and a (typically) Media Giant.) Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly.

    [2] Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:
    A picture painter?

    A portrait photographer?

    A code monkey working at corporation X?

    The guy who mows your lawn/cleans your pool?

    A waiter at the restaurant you ate at? (LAST WEEK!)

    The gal who sized and sold you your suit?

    The grease monkey who fixed your engine's knock?

    A singer at a bar?

    Old Kids Down the Block?

    Movie Star Y?


    [3] After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

    [4] If I'm passing a street performer and, though I enjoyed the performance they gave, I didn't donate into their hat, do you consider me a "thief"? (I'd be the first to feel a heel, and "rude", but that's not the question!)

    [5] What's the difference between:
    A street musician singing a song? (I can listen, but don't don't donate.)

    A singer singing outside of a bar to attract customers? (I can listen, but don't go in.)

    A singer singing inside of that same bar, but I can still hear them?


    [6] WHY "should" an "artist" receive recurring payments for a job performed ONCE, while a, uh, bricklayer, trash-man, flight attendant, hooker, cab driver, teacher, mechanic, PC repair tech, etc., etc., ..., etc. NOT?




    If you STILL feel inclined to hold your misguided, fanciful, but NOT-thought-out *beliefs* after reading this, and choose to reply... I don't know if you're more stupid or brave...

    (Is it "brave" to be steadfastly wrong? ;)
    --
    "To err is human, to totally fsck things up requires an election." - L.W. Hale
    1. Re:"What's the difference...?" - Joshua by shark72 · · Score: 3, Insightful

      "Many, sadly here on Slashdot, too, subscribe to the thought that "artists *deserve*" this-or-that."

      ... straw man...

      "That it's their "right" for such-and-such. Okay, let's accept that for a moment."

      Excellent suggestion. Creators of works of art do have rights, as codified by law.

      "Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly."

      The difference between your working day and the working day of a typical artist is that you can probably go to your office and read Slashdot all day, and you'll still get a paycheck this week. And next, and the next after that. By comparison, novelists, poets and musicians are among the three lowest paying profession. An average McDonald's employee brings in more than the median income for poets, musicians and writers.

      "Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:"

      ...followed by a list of jobs where work is much easier to find, and the pay is much higher, than for most artistic professions. That's the difference.

      "If I'm passing a street performer and, though I enjoyed the performance they gave, I didn't donate into their hat, do you consider me a "thief"?"

      Of course not. The street performer sets the terms: watch my performance. Pay if you like, or don't. Likewise, an artist sets their terms. Some musicians release their music on a payment-optional basis, much like that street performer. Others don't. You're not violating the terms if you don't tip the street performer. Likewise, you're not violating the terms of the musician who releases MP3s with a voluntary donation system, and you opt not to donate. But if that musician releases their stuff only on a for-sale basis, and you pirate it, you're violating their terms. Do you understand the difference?

      "WHY "should" an "artist" receive recurring payments for a job performed ONCE, while a, uh, bricklayer, trash-man, flight attendant, hooker, cab driver, teacher, mechanic, PC repair tech, etc., etc., ..., etc. NOT?"

      The U.S. Constitution puts it pretty succinctly: to promote the progress of science and useful arts. If you feel it's a great inequity that a poet or a novelist enjoys the advantage of royalties while a cab driver must go to work each day to get paid, try the thought experiment of which you'd rather try to make a living at for a year: creating and selling your poetry/prose/music, or driving a cab.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:"What's the difference...?" - Joshua by headLITE · · Score: 3, Insightful

      There's a fundamental flaw in your argumentation regarding the notion of viewing illegally downloading music as stealing from the artists (you can only steal material goods) and another one regarding the notion that there's a right to royalties (there's not). However, you seem to overlook the fact that there is copyright.

      [1] (Forget your employment contract, as most of you conveniently forget the actual contract between an "artist" and a (typically) Media Giant.) Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly.

      In Germany, I do own the copyright for work I create for my employer. This is because copyright cannot be revoked or given away here. However, my contract, which you so conveniently suggested to ignore, does state that my employer has exclusive usage rights for everyhing I create for them. In other words, I myself chose to get a regular monthly salary instead of payment by actual work done. I could have chosen the latter and become a contractor.

      [2] Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:

      Before I answer this question, I want to ask one myself: Is there actually a right for royalties? No! Neither in Germany nor in the US nor in most European nations.

      There is, however, copyright. Copyright means, in its essence, that I may decide who gets to use works I create.

      As an employee, I decided that my employer is to get exclusive usage rights for works I create for him. Had I not explicitly granted these rights, my employer would have no legal way to use anything I create.

      This is similar with music. The copyright holder says I can have a copy of their music if I respect their copyright and don't share it with dozens of people I might not even know. I can either agree to this implicit contract or not. However, if I don't, I myself have no right to the work of someone else, since said contract is the only way for me to get it in the first place. This is because copyright says I get to choose who can have a copy of my work.

      A picture painter?
      A portrait photographer?
      A code monkey working at corporation X?
      Movie Star Y?
      A singer at a bar?


      I rearranged these examples so that the preceding block contains those where someone may actually create something new. Copyright only applies to these. All of them have the same choices I had to sell their work.

      The remaining examples are not of creative work. There is no copyright for mowing my lawn. It's simply work I pay for and as such, out of this discussion.

      The guy who mows your lawn/cleans your pool?
      A waiter at the restaurant you ate at? (LAST WEEK!)
      The gal who sized and sold you your suit?
      The grease monkey who fixed your engine's knock?
      Old Kids Down the Block?


      [3] After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

      As I previously explained, there is no right for royalties, so your question is moot. None of those people has any right to any royalties. All of those from the first block (those that actually create something new) can choose any model to sell it they want.

      However, I don't see file sharing as stealing: Stealing is the transfer of material goods with the primary result that the one they're stolen from does no longer have them. Downloading music illegally therefore is not stealing - the copyright owner still has all of it regardless of who else has a copy.

      The law illegal downloaders are breaking is copyright law. Copyright law states, as previously noted, that the creator of any creative work is the sole entity to decide how anybody else might use it. In the case of illegal music downloads, the copyright owner (either the music industry or the artist, depending on regional legis

    3. Re:"What's the difference...?" - Joshua by clifyt · · Score: 2, Insightful

      At one point I was a signed artist and I still have a lot of contacts in the industry having recently contributed in the background to a semi successful remix type compilation for a major (not my normal thing, and heck most of my work is in academia these days) -- I might be a shill...

      1. Do -you- have a "right" to royalties for a work you performed for your employer?

      No -- no one has a right to anything except life and liberty -- at least in my country. We do have a right if as part of our employment contract says so though. I've been lucky, over the last few years, I've opted to be paid up front for my work and I could care less if I even get credit -- I was paid for it already. Occasionally I will take points -- but I consider them a bonus for performing work that helps out my employer. But any artist that wants royalties have every moral right to expect them if that is what their contract states (and the contracts are ALL very clear as to how the money is coming and what effects it -- if you get $2M to record an album and you spend $4M -- that extra will come out of your future earnings).

      2. Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following (lots of unrelated fields):

      Yes -- if that's what they agreed to. I've known several portrait painters that retain copyright. If you want to duplicate the photo, you must go through them. Of course, as their subject, they cannot duplicate it without your permission -- so its not one sided.

      Folks like Waiters are almost always paid this way -- you don't negotiate the wages until AFTER the meal. These people get paid maybe $2 an hour in the US -- and I've known quite a few that never even cash their salary checks because its just not worth it to them (especially when estimated taxes are taken out). Thee isn't a law (that I know of) that states *YOU* have to pay them at all if you didn't care for their service -- and I'd been with folks that routinely recalculate checks that have automatic 18% gratuity added and pay less solely because of the principle -- these are the same folks that would make certain that these waiters and waitresses get 30% of its not thrown in their face. Again, its entirely up to the person how much you are going to pay and that is the risk they take when they take this position (if there was a law that stated we had to pay them or explain why and submit it to the proper authorities -- I might reconsider :-)

      3. After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

      File sharing is theft because you don't have the right to distributing someone's artistic work without his or her permission. This is a moral imperative. It's not a technical copyright law. I think copyright law is a bit wrong -- I don't like Life + 70 years. I think life is good enough. After you are dead, you don't have a choice in the matter. At the same time, +70 allows some of your wishes into death still help your family (I just think it should be shortened -- maybe life +20).

      But yes, file sharing is theft from a moral perspective if you do not have the permission to do so.

      As an artist, I encourage others to allow reasonable sharing. It's in our best interest to have everyone hear everything we make. Errr...sorta. I don't allow anyone to hear my own personal work these days as I've been burned once in public and I won't do this again :-) But good stuff that folks actually want others to hear -- why not? But here is where file sharers and artists differ -- what is REASONABLE sharing. I have the reasonable expectation that I can make a few copies of songs for friends. I think iTunes has it right where you can make only 10 copies of a complete album before it says no. Other promotional performances (i.e., Live or special remixes that are not expected to be commercial in nature) -- maybe a lot more -- maybe putting them on the

  17. Re:Not much sympathy by hairyfeet · · Score: 3, Insightful
    Two words---Clear Channel.If you aren't being screwed by a big label,You ain't getting played on the air.My last band tried to get played on the air,And the DJ knew all about us before we got there.He said Quote "I love you guys,And your fans call here all the time requesting yor single,But it is the damn clear channel.Please tell them that no matter how much they call we can't play unsigned bands,PERIOD.I could lose my job playing something that isn't on the list."

    They own the airwaves,they own the big venues.You either bend over or you don't get to play anything bigger than your local club.They are plenty of bands out there that are selling out 300-700 seat venues every night and selling their cds as fast as they can print them but because they won't take .35 an album (I've known guys that signed and yes,That is how bad they screw new acts) you will most likely never hear from them.

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    ACs don't waste your time replying, your posts are never seen by me.
  18. Re:firewall domestic/national peers? by shmlco · · Score: 4, Insightful

    "File sharing is no different than what many people did in the 80's when they made tapes of music and shared it."

    I beg to differ here. Making a copy of a tape or record and giving it to a friend is "sharing". Making 10,000 copies and giving them to 10,000 friends [sic] is "publishing".

    Moreover, sharing had a built-in limitation because it had a cost: the tape. How many high-school kids in the '80s bought 10,000 tapes, made copies, and then just gave them away to strangers?

    Sorry, but publishing is not fair use.

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  19. Re:er... by KDR_11k · · Score: 1, Insightful

    War aber vorhersehbar. Sonst hätten se ja nicht diesen Urheberrecht Zusatz gebaut. Macht die natürlich nicht weniger 'nen Haufen Arschlöcher die hier dauernd die Gesetze für so'nen Scheiß verschärfen. Das alte Urheberrecht war vollkommen ausreichend, alles danach is reine Korruption.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  20. perversion of copyright law by m874t232 · · Score: 5, Insightful

    Copying somebody else's work against their wishes is also bad.

    Copying somebody else's work against their wishes is NOT bad. In fact, the purpose of copyright law is exactly to make this happen.

    Copyright law was a deal between the public and content producers that gave content producers the right to limit distribution for a limited time, in exchange for the requirement that their works fall into the public domain (i.e., can be copied against their wishes) after that period. The goal was to balance an economic incentive for content producers against the public's right to copy.

    What has happened with copyright law is a perversion: content producers effectively have gotten copyright in perpetuity, through numerous technological and legal tricks. And, worse yet, people like you actually wrongly believe that people have some sort of basic right to control information after they have made it public.

    If you don't want your ideas to be disseminated, keep them in your head; you have a right to do that, that works, and you need no goons to enforce it. People like you want the adoration and profit that comes along with sharing your ideas with others; if you want that, you should lose your ability to control your ideas after a short while.

  21. not that simple by m874t232 · · Score: 3, Insightful

    I think the RIAA is stealing from us as much as we from them but unfortunately their stealing is legal, and in any case two wrongs don't make a right.

    Freeing slaves might be illegal, but it's still the right thing to do. I'm not saying that this situation is analogous, but it illustrates that taking illegal action in response to bad laws can be justifiable.

    What widespread sharing really shows you is that the law may be out of step with what society wants, and that's a problem in a democracy.

    In any case, I think civil disobedience in this case might consist of sharing something illegal that is obviously ridiculous, like an original recording of Glass's several minutes of silence.

    The other way to make this sillines stop is to undermine the music industry's business model, to work on the political front, to set legal precedents, and to make recording companies and their artists simply look uncool (need I say Michael Jackson).

  22. Re:firewall domestic/national peers? by NoMaster · · Score: 3, Insightful
    People would download them, and then realize it was 3 minutes of a screeching sound.
    This is nothing new. You're probably just too young to remember Yoko Ono...

    --
    What part of "a well regulated militia" do you not understand?
  23. Whoa, slow down, cowboy! by pedestrian+crossing · · Score: 3, Insightful

    "File sharing is no different than what many people did in the 80's when they made tapes of music and shared it."

    I beg to differ here. Making a copy of a tape or record and giving it to a friend is "sharing". Making 10,000 copies and giving them to 10,000 friends [sic] is "publishing".

    I guess you don't understand how P2P really works. Nobody is giving out 10,000 copies of a song. Typically, they are "giving out" one or maybe two complete copies of a file.

    Also, the file is typically not a "perfect copy" of the original, it is downsampled in some way.

    I'm not necessarily advocating either side of this argument, but please, keep to the facts.

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    A house divided against itself cannot stand.
  24. Re:Not much sympathy by professionalfurryele · · Score: 2, Insightful

    Erm, when the politicians that are supposed to represent the people don't set rules that are agreed upon by the people then your point kinda loses it's edge. Many Western democracies are two party systems where both parties are bought and paid for by large industries with effective monopolies. At that point the law is meaningless.

  25. Re:Not much sympathy by professionalfurryele · · Score: 2, Insightful

    I'm afraid that the world has changed. George Orwell imagined a world in which the law was set up solely for the perpetuation of the state. Aldous Huxley imagined a world in which apathy was the primary tool of control. The modern corporation seems bent on taking the worst of these two worlds and making it our future. And short of revolution, there is not much we can do about it.
    It turns out that actually as well as buying politicians it is possible to buy the general public. And once a system is big enough that statistical errors are small, you can make that public elect who you want, and who you want will then give you the laws you want. Modern politics in the West is bought and paid for, you are living in a 60's fantasy that wasn't true then and isn't true now.

  26. If in a country not yet raided: stay under 500! by ArsenneLupin · · Score: 2, Insightful
    Here is a piece of advice if you live in an European country not yet raided:

    Check the size of your shared folder in edonkey, amule or whatever.

    If you have more than 500 shared items you are at risk. Unshare (or outright delete, if you're paranoid...) any items over 500, and you should be (relatively) safe, unless they already have your IP.

    Last week was Romania, this week was Germany, and next week may be another European country. Play it safe, and stay under 500; in Germany the 130 raided had more than 500 items to share.

    (I checked my amule this morning: had 1800+ items. I quickly unshared everything older than 100 days, and now I'm down to 96).

  27. Re:This actually happened to me a few weeks ago by void24601 · · Score: 1, Insightful

    You sir, are a prince amoung men!

  28. Great by t_allardyce · · Score: 3, Insightful

    Wow that's really great police work, you gotta put it to those German police with their efficiency - Apparently next week they're planning to do a big raid of about 10 major street gangs and they're planing to take 5000 guns off the streets! Oh wait whats that? they're not planning a raid to take guns off the streets? they're going to instead concentrate solely on copyright infringement? oh, well, im sure that's pretty important too, I mean a few people getting shot doesn't really hurt the economy!

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    This comment does not represent the views or opinions of the user.
  29. Re:firewall domestic/national peers? by Lars+T. · · Score: 2, Insightful

    So driving 1 mph isn't speeding, 2 mph neither, and to not break your little "no arbritary limits" rule, driving 100 mph through a domestic area shouldn't be speeding either.

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    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck