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EFF Calls RIAA Tactics 'Reign of Terror'

nanday writes "What happens when the RIAA prosecutes people for alleged illegal music downloads? In an article on Newsforge (also owned by OSTG), lawyer Ray Beckerman of the Electronic Frontier Foundation explains the RIAA's favorite tactics, and why they play fast and loose with the law. Beckerman also explains why two of these cases may stop the RIAA in its tracks - and what you can do for help." From the article: "In UMG vs. Lindor, the defendant 'is a home house-aid who's never even used a computer,' according to Beckerman. 'She's never operated a computer, she's never even turned on a computer. The only connection she has ever had to a computer is that she has on occasion dusted near the parts that she believes are a computer. And yet she is being pursued as an online distributor in peer-to-peer file sharing.' Since Beckerman became involved in the case after it had gone to federal court, he has tried to learn the details of the charges -- so far with little success. 'The RIAA is trying to conceal the information about how it conducts its investigation,' he says. 'They have stalled every discovery request we've made' -- presumably because to reveal this information would also reveal the weakness of all the similar cases."

215 comments

  1. This will.... by Anonymous Coward · · Score: 5, Funny

    This will obviously lead to anti-dusting legislation shortly.

    1. Re:This will.... by neonprimetime · · Score: 1

      It will prevent you from dusting other people's parts unless you have their expressed written consent.

    2. Re:This will.... by ReidMaynard · · Score: 1

      or to the new ADD protocol ! (Anonymous Domestic Duster)

      --
      -- www.globaltics.net

      Political discussion for a new world

    3. Re:This will.... by Opportunist · · Score: 1

      Nope, unless you agree to the EULAs and other license agreements of the products used and stored on said machines.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:This will.... by dr_dank · · Score: 4, Funny

      We already have the Dusting My Computer Act.

      --
      Where does the school board find them and why do they keep sending them to ME?
    5. Re:This will.... by heritage727 · · Score: 2, Funny
      This will obviously lead to anti-dusting legislation shortly.

      So? I'm sure everyone here is in compliance already.

  2. technology is outstripping Justice's understanding by yagu · · Score: 5, Insightful

    Case in point from the article:

    The trouble is, Beckerman says, "The judges have no clue. They actually won't let me talk about it. There was a case in 2004 where an elderly judge was told by a lawyer in his brief from the RIAA that from the meta-data and the hash, you could tell that these were illegally copied files, which was, of course, nonsense. But the judge actually referred to that in his decision as to why he was upholding the subpoena." Often, the judges make decisions without hearing oral arguments at all.

    It would be nice to think the courts and the justice system (the jurists) would apply due diligence but for myriad reasons they don't or won't. Considering technology, the RIAA, and the gazillion combinations of playing with digital media it isn't clear a judge could ever be educated enough to understand the technical issues. Instead, the deepest pockets win because they can afford the biggest megaphone -- they've convinced the legal system via FUD that consumers are evil and piracy is rampant and must be stopped.

    Problem is, customers aren't evil, piracy is not rampant (yeah, it exists, but it's not the monster the RIAA claims it is), and it doesn't need to be stopped.

    My biggest fear is the momentum is too strong, the RIAA has gotten too far along and has won enough battles it's beginning to look like they may win the war. And, the prediction in the article:

    Peter Brown, executive director of the Free Software Foundation (FSF) and one of Defective By Design's chief organizers, wrapped up the call by emphasizing the need to support the defendants in these cases. What the RIAA is doing today with music downloads, Brown warns, other organizations may be doing next year if digital rights management technologies become commonplace in hardware. He urged call participants to blog about the call to educate others, and announced that a recording of the call would be available shortly on the Defective By Design site.
    is likely to be the outcome.

    Of course it seems obvious to me the ultimate result of all of this nonsense is the buying public either is so angry at their treatment, or confused by all of the rules and regulations, the promising landscape of new and great electronic gizmos will suffer its own (and hopefully temporary until all the goons leave town) recession. To quote the scathing Paul Thurrott's outrage against Microsoft's false positive to his "piracy", "Ah well". ;-)

  3. Countersuit by pete6677 · · Score: 3, Insightful

    Until one of their wrongly sued victims files a countersuit and wins big, they have no motivation to stop this. They don't care about losing a few cases. In most cases its enough to just scare people into paying their extortion fee.

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

      Yeah, you'd think some class action lawyers would be salivating at the prospect of suing the RIAA members into oblivion for brings frivilous (yet financially catastrophic) lawsuits against people don't have anything to do with downloading music, much less computers.

    2. Re:Countersuit by DeathKoil · · Score: 5, Insightful

      Given how much money it would cost to go after the RIAA I'm not too surprised that no one has filed a countersuit yet. However, so far every story I've heard about the RIAA sueing someone has been that the person was either a child/teenager or a family that doesn't much cash. It would be interesting to get demographic information about who the RIAA has gone after so far.

    3. Re:Countersuit by KarmaMB84 · · Score: 1

      They go after people with no money or other expenses who will settle and get on a payment plan to pay whatever the RIAA wants + interest. Why go after someone who can pay a lawyer or might have a lawyer friend who can file the paperwork to put the stops to the suit immediately. They look much better if they get people who won't be able to get a good lawyer before those short notice hearings and then get boned at the hearing.

    4. Re:Countersuit by theelectron · · Score: 1

      So if I put up a bait coumputer with Kazaa installed or whatever on it and put in a bunch of bogus files with random data in it that is the same size, and hashes to the same value, and has the same metadata as coprighted music on it, and they tried to sue me for these non-music files, and could prove it, I could sue them for lots of money?

    5. Re:Countersuit by OwnedByTwoCats · · Score: 1
      So if I ... I could sue them for lots of money?
      You could sue them. Remember, a principle of Civil Jurisprudence in the good ole' USA is that anybody can be sued for any reason at any time.

      It's winning the suit that is hard. Absolutely no guarantee that you could do that before you ran out of money.

    6. Re:Countersuit by theelectron · · Score: 1

      But whaduya think? Would I have a decent shot at winning?

    7. Re:Countersuit by westlake · · Score: 1
      However, so far every story I've heard about the RIAA sueing someone has been that the person was either a child/teenager or a family that doesn't much cash. It would be interesting to get demographic information about who the RIAA has gone after so far.

      The sob stories, reality or urban legend, are certain to make it to Slashdot.

      But I'm cynical enough to believe that the vast majority of settlements with the rights agencies procced without such melodrama. You weigh your chances and the costs. There is no red meat on which the EFF can feed.

  4. Re:technology is outstripping Justice's understand by N.+Vander+Ende · · Score: 3, Interesting

    I have faith in our ability to do the right thing... For ourselves! The greed and self-centeredness of the consumer will always win out, and DRMs are unbelieveably irking to many people. The dollar is more powerful than anything else in this country, and people are already buying less music because of the RIAA's tactics and methods of enforcements.

    With regards to this: "Considering technology, the RIAA, and the gazillion combinations of playing with digital media it isn't clear a judge could ever be educated enough to understand the technical issues. Instead, the deepest pockets win because they can afford the biggest megaphone -- they've convinced the legal system via FUD that consumers are evil and piracy is rampant and must be stopped."

    I disagree. I think that as the generation currently in power begins to phase out in the next five to ten years, and the one preceding mine begins to phase itself in, we'll see a dramatic shift in the technological savvy of our lawmakers and judges. They won't need to be educated, because they already know this stuff. All they'll have to do is keep on top of it.

    Honestly, the idea of DRMs pisses so many people off that they simply can't stay around for long. The consumer hates not being trusted, and won't buy things that have DRMs. DRMs will be a thing of the past in the next decade, I have faith.

    --
    A man once asked the Prophet, "What is a sin?" The Prophet Muhammed replied, "When something pricks your conscience, gi
  5. Why is anyone surprised? by cloudkiller · · Score: 5, Insightful

    This is what happens when you have a government that can be purchased. Make no mistake about it, in the US laws/justice/rights/people/myself is for sale and the RIAA/MPAA is buying. As long as they have money they will be able to manipulate any system set up in the US to serve their needs.

    --
    [an error occurred while processing this sig]
    1. Re:Why is anyone surprised? by Mr.+Underbridge · · Score: 2, Informative
      This is what happens when you have a government that can be purchased. Make no mistake about it, in the US laws/justice/rights/people/myself is for sale and the RIAA/MPAA is buying. As long as they have money they will be able to manipulate any system set up in the US to serve their needs.

      As opposed to where? Many countries pay taxes on all CD-R's purchased regardless of purpose. Face it, government everywhere is for sale, and the RIAA clones in most countries exploit the fact.

  6. new technologies = bad for business by Slotty · · Score: 0, Troll

    MP what you say? Music comes on computers now??? WOW!!!

    RIAA - "Because bringing civil charges against everyone on the internet is easier than moving with new technologies"

    1. Re:new technologies = bad for business by clickclickdrone · · Score: 1

      >MP what you say? Music comes on computers now??? WOW!!!
      Aww, I've heard me that thar compooter music and it ain't all that. Beeps and burbles and faggy looking dudes with makeup. Man, that ain't music - ya'll want to get some geetars and drums in there and then you'll see how to kick ass. Music on compooters, whatever next.

      --
      I want a list of atrocities done in your name - Recoil
    2. Re:new technologies = bad for business by Anonymous Coward · · Score: 0

      compooter/geetars...WTF? www.dictionary.com

  7. Non-RIAA Labels of the World, Unite! by kthejoker · · Score: 5, Interesting

    How come non-RIAA labels can't form an "anti-RIAA" coalition? Most labels not on the RIAA are pretty hip, they have tracks for download without DRM on their sites, they're real big on freebies and artist promotion, and they're generally more about the music itself than the big labels.

    So why can't they generate some sort of composite publicity for their activities? Why can't they call themselves soemthing fun like "AWESOME" (Association of Wedding Evil SOBs Out of the Music Enterprise) and run press releases like the RIAA? Donate some money to the EFF? Have some benefit concerts to Kill the RIAA?

    Get your acts together, people! Let's synergize our paradigms, or something! Go go go!

    1. Re:Non-RIAA Labels of the World, Unite! by Archangel+Michael · · Score: 1

      "Wedding Evil SOBs"

      So, they are getting married? ;) Okay, so I had to poke a little fun. I think he means .... "weeding out".

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Non-RIAA Labels of the World, Unite! by shark72 · · Score: 3, Informative

      They do. In the UK there's the Association of Independent Music, and in Australia there's AIR. In Canada there's CIRPA, and in the US there's the A2IM. I found these by taking a few seconds to goodle on "independent record labels."

      Many, if not most of them, do issue press releases, as you suggest.

      I suspect that while the indie labels aren't suing people left and right, they may not be as pro-piracy as you expect. I knew a fellow once who ran an indie record label. He had ten employees and paid himself the princely sum of $20K per year. When x% of the population opted to pirate rather than buy a CD from a major label, all it meant was that somebody you never heard of got laid off or didn't get a raise that year. When his artists' works started showing up on the P2P services, it meant that he had to lay off his friends. Although it's the major labels (through their mouthpiece, the RIAA) make the most noise about piracy, the large RIAA-affiliated labels are actually more resilient to piracy, while the indie labels often run on razor-thin budgets. We can talk about how piracy actually helps the artist because it gets their music out there, we might buy a shirt or go to a concert, etc. but the reality for the tiny 10-person labels (who put up the cash to fund the CDS and who rely on sales to stay in business) is that they must pay the rent and pay their employees each month -- no exceptions, no excuses. If income isn't meeting expenses, it's simply not enough that some 17-year-old in Minnesota loves the copy of your CD that he got via BitTorrent.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Non-RIAA Labels of the World, Unite! by CompSciStud4U · · Score: 1

      You're forgetting the fact that most of the major players in the music industry are parts of large media conglomerates that own most of the entertainment and media industry at all levels. They're not going to publicise press releases from an organization that is threatening their business model. I would suggest reading "The Media Monopoly" by Ben Bagdikian. You'll realize just how powerless the average person is to achieve true change in the media or politics.

    4. Re:Non-RIAA Labels of the World, Unite! by cyber-dragon.net · · Score: 3, Interesting

      Very well said and an excellent point.
      I would add, although you eluded to this, that the way to combat the **AA behavior is not to pirate but to spend your money on CDs and DVDs produced by labels that follow your personal ethics. It will require educating yourself on the various labels and companies but if you truly believe in a solution that is what you MUST do.

      Companies must SEE solid numbers showing what consumers want and what they will tolerate. So long as people still buy, they have not found the limit yet. They can pass all the laws they want, if their sales drop 50% one month and a label that advertises "DRM free and we won't sue you" suddenly jumps 400% in sales the **AA WILL notice and that will matter to them my friends.

      I see on here often the phrase "vote with your money" well that is what you must do. -BUY- CDs and DVDs but from companies who operate the way you want.

    5. Re:Non-RIAA Labels of the World, Unite! by talmai · · Score: 1

      "You'll realize just how powerless the average person is to achieve true change in the media or politics." Think about what you just said. You'll realise how powerles media and politics are without all the average people.

    6. Re:Non-RIAA Labels of the World, Unite! by CompSciStud4U · · Score: 1

      Think about what you just said. You'll realise how powerles media and politics are without all the average people.

      My point is that not that the issue is insurmountable. It's that it most likely cannot be done with the support of the mass media, which is the only source of information for the average citizen. The average citizen is too indifferent on the issue to go out of their way to educate themselves on it. The average person does not care about the issue and the problem cannot be solved without the masses at this time. The only other viable option that I see is a massive shift in government policy towards regulated media ownership, i.e. you can only own so many media outlets in a market. But that takes a change in our politicians in Washington. I don't see that happening anytime soon.

    7. Re:Non-RIAA Labels of the World, Unite! by fusionex · · Score: 1
      We can talk about how piracy actually helps the artist because it gets their music out there, we might buy a shirt or go to a concert, etc. but the reality for the tiny 10-person labels (who put up the cash to fund the CDS and who rely on sales to stay in business) is that they must pay the rent and pay their employees each month -- no exceptions, no excuses. If income isn't meeting expenses, it's simply not enough that some 17-year-old in Minnesota loves the copy of your CD that he got via BitTorrent.
      If income doesn't meet expenses, it still can be enough that some 17-year-old in Minnesota lvoes the copy of your CD that he got on BitTorrent. For many independent labels and artists, the point of music is to get sounds, thoughts, and ideas into peoples heads and not cash into their wallets. These people don't expect to make any money out of their music, but they just want to write their songs, play them and have them heard. If they need money and the record sales, tour sales, etc. don't cut it, then they work just like the rest of us. Believe it or not, many of these artists are happy with this kind of lifestyle. Some prefer not being reliant on their music for their money. You can be more free in making different kinds of music if you're not tied down by the idea that you have to make music that everyone likes so that you can make a buck. If a musicians quit playing music or putting out records or touring simply because they aren't making money out of it, then they aren't really musicians. They're business people. If a label's goal is mainly to make profit, then greater income than expenses is horrible. However, a label whose goal is to put out music they like loses money, then they'll be happy as long as they can get the music they like to people's awareness. If a label or band quits JUST because they aren't making money, then good riddance.
  8. Desperation by alphasubzero949 · · Score: 3, Informative

    The RIAA is engaging in these tactics for a simple reason: they're fighting a losing battle. They want control of any and all media and will do whatever it takes to keep their decades-old model propped up.

    Podcasting, Internet radio, and independent music are the new Davids fighting this Goliath and as each one becomes more and more popular in mainstream culture you can guarantee that the RIAA will look for ways to shut it all down (they're already trying with podcasts and streaming radio under the guise of royalties) or infilitrate these new forms of media with their commercial garbage. And yet again, they'll be unsuccessful just as they have been with cassette tapes and recordable CDs.

    In the end, they'll be as irrelevant as an 8-track player.

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

      The RIAA is engaging in these tactics for a simple reason:

      They're getting too old and fat to break kneecaps like they used to do.

  9. Re:technology is outstripping Justice's understand by FinchWorld · · Score: 4, Insightful
    If the judge of such cases (and/or jury depending on how the case works) does not understand the issues, then they should not preside over it.

    Would you allow a technition to fix a photocopyer when he only knows about air conditioning?

    --
    "I may be full of crap about this game, and I may be wrong, and that's fine." -Jack Thompson
  10. Re:technology is outstripping Justice's understand by Roody+Blashes · · Score: 5, Insightful
    Problem is, customers aren't evil, piracy is not rampant (yeah, it exists, but it's not the monster the RIAA claims it is), and it doesn't need to be stopped.

    You fail to understand the enemy, and that is why you will lose.

    The RIAA and MPAA are not fighthing this fight because they believe piracy is a problem now. They're not spending all this money fighting it because they want to get a couple extra bucks in sales.

    They're fighting it because they recognize that p2p has the potential to completely decimate their supply channels by allowing every Tom, Dick, and Harry to interrupt their entire business plan with a mouse clicks.

    This is a fact. Whether you believe it will actually happen or not is up for debate, but the RIAA and MPAA do believe that it will, or that it's likely enough that going on this campaign now is in their best interests.

    Of course, like any other company that mistreats a cusomter, the simplest solution is to simply cease doing business with them. However, since the majority of people who are aware of this problem seem to be comprised of either theives or theif sympathizers who would rather just keep fueling the fire by stealing music, there's nobody really out there with any effective grassroots campaign to expose this disgraceful behavior.

    If you want to put an end to this, the simple answer is to cease all activities involving consumption of the product. Don't steal it, don't buy it, don't listen to it on the radio, and make sure you let everyone know your position and explain why you're taking that position WITHOUT making it sound like you're just whining that you're coming under fire for wanting to steal things.

    No income = dead cartel. Very simple equation.
    --
    If you haven't foed me yet, what are you waiting for?
  11. Re:technology is outstripping Justice's understand by Epeeist · · Score: 4, Insightful

    > Of course it seems obvious to me the ultimate result of all of this nonsense is the buying public either is so angry at their treatment, or confused by all of the rules and regulations

    Unfortunately I think you are wrong.

    If you were right then people would have got rid of their crashing, malware prone MS desktops years ago. As it is they moan and groan, but still don't switch to anything better.

    I think the same will be true about restrictions management. People will grumble but accept it as normal. It is only the activists who will attempt to do something about and they stand a good chance of being dismissed by the (bought) legislators who can point to the fact that most people accept and are therefore happy with the situation (yes, I do know there is a non seqitur there).

    Nice use of the Oxford comma by the way.

  12. Linux? by IAmTheDave · · Score: 3, Funny
    'They have stalled every discovery request we've made' -- presumably because to reveal this information would also reveal the weakness of all the similar cases."

    Imagine if Linux had to go through something like this...

    --
    Excuse my speling.
    Making The Bar Project
  13. Copying Music in General by digitaldc · · Score: 3, Funny

    So where was the RIAA in 1982 when I taped Rush's 'Signals' album from my friend?
    Should I be worried?

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Copying Music in General by Anonymous Coward · · Score: 1, Funny

      So where was the RIAA in 1982 when I taped Rush's 'Signals' album from my friend?
      Should I be worried?


      Standby - we will get the lawsuit filed today.

      Thanks in advance,

      The RIAA

    2. Re:Copying Music in General by dargon · · Score: 1, Informative

      If you were living in Canada at the time and you did the copying, not your friend, then you're perfectly fine, nothing against the law there.

    3. Re:Copying Music in General by gilroy · · Score: 2, Funny
      Blockquoth the poster:

      So where was the RIAA in 1982 when I taped Rush's 'Signals' album from my friend?
      Should I be worried?

      Well, having just posted a confession to potentially millions of witnesses, now you should be worried...
    4. Re:Copying Music in General by cabazorro · · Score: 1

      "The world weighs on my shoulders
      But what am I to do?
      You sometimes drive me crazy
      But I worry about you
      I know it makes no difference
      To what you're going through
      But I see the tip of the iceberg
      And I worry about you..."

      --
      - these are not the droids you are looking for -
    5. Re:Copying Music in General by LMacG · · Score: 1

      I don't know about the RIAA, but the BPI were there, placing stickers on LPs featuring a cassetter/skull and crossbones and the ominous message "Home Taping Is Killing Music".

      The more things change, the more they remain the same.

      --
      Slightly disreputable, albeit gregarious
    6. Re:Copying Music in General by HikingStick · · Score: 1

      You likely posted this tongue-in-cheek, but it does raise an issue that may not be clear for some. Copying of albums (or even CDs, for that matter) to cassette tape was considered fair use (and was codified as such in the Copyright Act of 1983) as long as the tapes were not sold--they had to be given away (or, if memory serves correctly, minimal costs could only be recouped for the actual cost of creating the tape). These recordings did not worry the recording industry to a great degree because there would always be some signal degredation with analog media. Not until CD-to-CD recording (in reality, digital-to-digital recording) was possible did they start pushing to move this "fair use" into the realm of criminality, since they feared that these "perfect" digital copies would undercut their primary sales platform.

      I challenge RIAA to adopt a compromise position. Allow anyone to make copies of their music, so long as the sampling rate is significantly below CD quality. Most of the MP3s I rip (from CDs which I own) are created using FM-radio quality. I enjoy the benefits of the smaller file size, and the RIAA can never claim I was making "perfect" copies that undercut their sales platform.

      Unfortunately, the deliberate pirates, the real bozos who screwed it up for the rest of us are the ones they should target, not users who want backup copies of their music or the ability to play back on a variety of devices. In the past week alone, I know of two people who purchased CDs based on singles I played back for them that were ripped from a CD I own.

      --
      I use irony whenever I can, but my shirts are still wrinkled...
    7. Re:Copying Music in General by digitaldc · · Score: 1

      Some news for my fellow Rush fans...
      http://www.neilpeart.net/news/index.html

      He picks up scraps of information ---
      He's adept at adaptation
      'Cause for strangers and arrangers
      Constant change is here to stay

      --
      He who knows best knows how little he knows. - Thomas Jefferson
    8. Re:Copying Music in General by KingEomer · · Score: 1

      I was just listening to that song... REALLY WEIRD.

    9. Re:Copying Music in General by geekoid · · Score: 1

      It's people like you that deprive Geddy from eating!

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    10. Re:Copying Music in General by digitaldc · · Score: 1

      Gary Lee Weinrib is doing fine, I bought the first-release CD & the newly remastered CD.

      In essence, I bought the Signals CD twice. Who says downloading/taping is killing the music industry?

      --
      He who knows best knows how little he knows. - Thomas Jefferson
  14. Have faith? by MarkByers · · Score: 4, Insightful

    Honestly, the idea of DRMs pisses so many people off that they simply can't stay around for long. The consumer hates not being trusted, and won't buy things that have DRMs.

    Most people, when they installed the Sony rootkit, did not even know that they had installed DRM on their machine, what it's purpose was, how to remove it, or even why they should care.

    DRMs will be a thing of the past in the next decade, I have faith.

    My prediction: DRM will be even more common next decade. CD sales will continue to fall and DRM'd content sales will continue to rise. The difference between you and me, is that I will be trying to raise people's awareness rather than just sitting back and letting it happen.

    --
    I'll probably be modded down for this...
    1. Re:Have faith? by N.+Vander+Ende · · Score: 0

      I'm not sure how you inferred that I wasn't going to take an active hand in educating people, but anyway.

      Technological savvy is becoming more and more important in today's society. More and more people will understand what a piece of software actually does, simply because it's in their job description. This combined with educational and informative... Well, whatever the medium happens to be, will ensure that the consumer is aware of DRMs.

      --
      A man once asked the Prophet, "What is a sin?" The Prophet Muhammed replied, "When something pricks your conscience, gi
    2. Re:Have faith? by MarkByers · · Score: 2, Insightful

      I'm not sure how you inferred that I wasn't going to take an active hand in educating people

      I associate 'having faith' with religious nuts that failed to win an argument using logic so they just claim 'This is true, please just accept it and don't think about it any more.'

      Sorry if I jumped to a conclusion.

      DRM will only fail if everyone (well, enough of the population that it hurts sales figures) takes a stand against it. If DRM becomes successful, vendor lock-in will be even more of a problem than it is today. You can't just leave this something like this to chance. I'm glad that there are at least two of us that will help to educate others about the problems of widespread acceptance of DRM, however I am worried that there are not enough of us.

      --
      I'll probably be modded down for this...
    3. Re:Have faith? by Strategos · · Score: 1

      No, the main problem with DRM (not that I'm an advocate of it in the first place) is how its been implemented. They have tried to tie the media to specific devices on which it plays. That is just plain imbecilic. sure its all they seem to have but if they were slightly smarter they would be pushing apple et al to increase biometric security features within the devices, for example you could use your finger print to start your ipod (useful security feature for the user and in theory deters thieves. Then then they could link the songs to the fingerprint data. That way if you choose to move the songs to a different device it only has to recognise the fingerprint and it would play rather than crapping out because this isn't the device you downloaded the songs from initially.

    4. Re:Have faith? by MarkByers · · Score: 3, Insightful

      No, the main problem with DRM ... is how its been implemented. They have tried to tie the media to specific devices on which it plays.

      Oh really?? And here was me thinking it was just a way to prevent illegal copying...

      I have commented on this before, but it seems that I am the only person on Slashdot that understands that DRM cannot prevent illegal copying.

      --
      I'll probably be modded down for this...
    5. Re:Have faith? by kimvette · · Score: 1

      There is a problem with that - what if you (god forbid) lose a finger or an entire hand in an accident? ..AA would insist that you must buy the media again (remember: this is an organization that wants to brainwash you to believe that backups, format shifting, and timeshifting are not fair use), not their problem. Incidentally, while they DRM their DVDs, allegedly to prevent "piracy" but not block backups under fair use, they will not replace a DVD I have that went bad (a DVD I hadn't gotten around to backing up, of COURSE).

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    6. Re:Have faith? by SatanicPuppy · · Score: 4, Insightful

      I see two possibilities...

      One, we get "good" drm, which is to say, DRM that is both hard to break, and mostly transparent to the user (good quality, not good ethically). Right now DRM is really obvious, it's like a leash, and every time you try to exercise your rights, that leash jerks you up short, causes anger and irritation. It's also easy to break, so the benefits of breaking the DRM and getting full use of the content are way ahead of the actual hassle of breaking the DRM. In my opinion, the best way to get "good" DRM would be to stream everything from central servers, and make it available through a range of wireless integrated devices. This is obviously serious future tech, but the potential exists already, so it's not farfetched.

      The other possibility is that the current distribution model will break down as artists opt-out of the restrictive RIAA practices, and some more organic system grows up in its place, where content is not so rabidly protected, and artists are more directly compensated by their fans.

      I wouldn't be surprised to see a little of both, in the next 10 years. All these subscription sites are technically crappy implementations of the first concept...Pay a subscription fee and access the music all you want, in any number of crappy non-portable formats. But if you could browse it in your car, or anywhere else through a range of compatible devices interconnected wirelessly? Who gives a damn if you can't copy it, if you can access it any time, from any where? It'd be the death of the physical media sales, so they won't support it for a while to come, but it's the best approach for them. They keep control, they get your money.

      As far as the second goes, there have been independant artists and independant labels for years, but they're exploding now, with all the production costs going down. They have so much less to lose, and so much less access to physical media stores, they're trying all kinds of new methods of distribution, and it's not unlikely that some of them will be popular enough to pull in some of the mainstream.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    7. Re:Have faith? by zxnos · · Score: 1
      DRM will be even more common next decade

      i am not so sure. in the past i didnt really care about drm, thought it was a boogie man. then i got a new cell phone. the manual says i can put mp3s as a ring tone - so long as they have the right drm. wtf? granted i only use the vibrate alert. also, i can still record obscure audio clips for my voice mail. but anyway, the point is that if my phone has the ability to play mp3s and use them as a ring tones, i dont want to have to buy those tracks again.

      i think more and more consumers will pick up on this and drm will fail.

      --
      always mosh clockwise
    8. Re:Have faith? by kimvette · · Score: 5, Insightful

      If my impression of the ..AA is right, the intent is NOT to curb "piracy" but to eliminate ALL legal exceptions to copyright (e.g., Fair Use) and eliminate ALL limitations of duration (e.g., no more limited monopoly, no more social contract under the constitution which gives useful inventions and arts to the public domain) on copyrights. They want to make it so Mickey Mouse NEVER goes into public domain, while they're allowed to re-interpret shakespeare, grimm, aesop, and so forth ad-naseum and yet have their reinterpretations of those public domain works to be protected by copyright for all of eternity.

      They KNOW they cannot prevent this so-called "piracy" but they want to brainwash me, you, politicians, and of course the children to believe that fair use does not exist, and copyright should never, ever, ever expire and works should never, ever enter the public domain. We don't grant a 10-year, 20-year, 30-year, or even 70-year monopoly on works now. Thanks to DRM and the DMCA, they now have a de-facto state-authorized-yet-unconstitutional unlimited copyright, and they want to reeducate us all to believe that this is how it should be, despite what the constitution states in black and white about the limited duration monopoly.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    9. Re:Have faith? by insanemime · · Score: 3, Insightful
      The other possibility is that the current distribution model will break down as artists opt-out of the restrictive RIAA practices, and some more organic system grows up in its place, where content is not so rabidly protected, and artists are more directly compensated by their fans
      Unfortunately I don't think that will happen with the artists. Remember the stink over ticketmaster and their "service charges"? Some artists came out aginst it and swore it was not right but now it is just business as usual. Artists do what the label tells them to do (with some big name exceptions who run their own lables now).
    10. Re:Have faith? by winnabago · · Score: 1
      In other words, you are saying that you can't record any old sound, your daughter saying "hi daddy", a guitar riff you wrote, or a car horn, and use it as a ringtone on this unnamed phone? Is this actually the case? Or am I understanding you incorrectly? What is the model? That's not a feature, it's a hinderance.


      This is all interesting to me, for two reasons. I fear the trend of lockdown, where every microscopic piece of content has to be traced to the source, and you are correct in saying that restrictions are showing up in the most unusual places (the Harley-Davidson's exhaust sound pitch is trademarked and perhaps even copyrighted, I'm not sure).


      At the same time, previously DRM was able to 'hide' in relative obscurity, partly because it was hidden in wrappers like CSS and iTMS, forerunners in the technology that became widespread in the pre-blog era. In the next few years, widespread knowledge of DRM can only hurt it, for all the reasons we know - it only hurts your customers, no resale, hardware lock-in, etc. DRM is even showing up in major news outlets *today*. It's about time.

      --
      Dammit Otto, you have lupus.
    11. Re:Have faith? by SatanicPuppy · · Score: 2, Insightful

      Ticketmaster is a more interesting case, because they have access to a resource that is a seriously tough nut to crack. You can record, mix, and burn your own CD, but if you want to play a venue bigger than your local bar, you're going to have to play their game (or find a nice field somewhere, build your own stage, etc).

      Record companies, on the other hand, only have that sort of stranglehold on the retail outlets, and retail outlets have been slumping for years. I think the indies are in a really good position right now, and I think that's only going to get better.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    12. Re:Have faith? by zxnos · · Score: 1
      it is a 'free' samsung sgh-t809. and yeah, you are understanding me correctly. i havent looked into, just read this out of the manual:

      Set as: allows you to set the MP3 as an alarm tone. MP3 files with DRM (Digital Rights Management) can also be used as a ringtone and a caller ringtone, while files without DRM can only be used as an alarmtone.

      though i just found this discussion on a workaround i shouldnt have to jump through hoops to use my device. in the past drm has been invisible. (being forced to watch previews on dvds sucks too btw. now i just pop in the disc and do something for 5 or 10 minutes.)

      it is the engine design on a harley that is patented (i think) and makes the signature sound.

      --
      always mosh clockwise
    13. Re:Have faith? by Firehed · · Score: 1

      The music on P2P networks is just ripped from CDs, which (disregarding the Sony rootkit debacle) are free of protection. Seeing that DVD protection was cracked so shortly after their release, and how long ago that was, it hardly counts. Games and software actually take some skill, since it takes some reverse engineering to crack it or create a working keygen. Everyone on Slashdot knows that it doesn't do jack squat about preventing even casual piracy.

      However, the grandparent poster is very correct in that statement. Bought music from iTunes? You're playing it on an iPod, and that's it. Other music stores are tied to, generally, PlaysForSure devices. Every DVD player out there had some portion of the cost go towards licensing the ability to legally decrypt CSS, and I'd be fairly surprised if the discs themselves don't also require licensing to encrypt them in the first place. The content providers are well aware that their so-called copy protection doesn't do shit to actually stop copying. It's to ensure that not only do they get paid when we buy their content , but whenever manufacturers create devices to play back that protected content. It takes all of five minutes to burn a copy of a CD, and I can have my "legal fair use archival" copy of most DVDs ready in fifteen. But if I ever decide to change brands of MP3 player, I'll need to waste hours burning and ripping all of my legally-downloaded content, losing both audio quality and quite a few discs that I could have put towards something purposeful (and I don't have much, maybe 25 songs and half were free through promotions) - even for so little content, it's hardly worth my time just to be able to change brands.

      While 3.5mm patch cables continue to exist, audio can be easily copied, even if it must be done in realtime. Same goes for movies and a decent quality videocamera or something TiVo-esque. That damned analog hole. But provided you're not headed down to the molecular leve, we live in an analog world, so until we're all plugged in like in The Matrix, anything can be copied. At the moment, it just so happens that it's far easier to copy stuff than it is to change players if you've used a download service. Hence the very plausible argument that states "DRM is to lock us into one brand of players, not prevent copying."

      --
      How are sites slashdotted when nobody reads TFAs?
    14. Re:Have faith? by elsilver · · Score: 1
      stream everything from central servers, and make it available through a range of wireless integrated devices. This is obviously serious future tech, but the potential exists already, so it's not farfetched.

      hmm, wireless signals from a central station... this has possibilities. We could even call it something retro, like, hmmm, I don't know, Radio?

      E.

    15. Re:Have faith? by alveraan · · Score: 1

      Yeah I have to agree. "Consumers" have no idea what they are buying. Don't know about what's going on elsewhere but in germany, they actually sell mp3-players with "DRM-compatibility" as a feature. And the people are buying it out of fear that if they don't have that feature, they won't be able to play their music on it. The salesperson will really advise you to buy a DRM-cabaple player. I find that scary...

      --
      Everytime you kill a kitten, god masturbates.
    16. Re:Have faith? by GWBasic · · Score: 2, Insightful
      The *AA's intention is to make as much money as possible. Period.

      Really, they are only hurting themselves (and artists who only make money from CD sales, like Wendy Carlos). At this rate, they will sue themselves out of business, because up-and-coming artists will find other ways to make money.

    17. Re:Have faith? by ClamIAm · · Score: 1

      Right now DRM is really obvious, it's like a leash, and every time you try to exercise your rights, that leash jerks you up short, causes anger and irritation.

      The solution to this is not necessarily "better" DRM. All that needs to be done is brainwash most people into believing these restrictions are a Good Thing.

      I'm also reminded of how to boil a frog: slowly increase the heat so that the frog doesn't notice it.

    18. Re:Have faith? by suffe · · Score: 1

      Oh, I see. I take it your are reading your Shakespeare from his original manuscripts? DRM is many things and good is not one of them. What it is not, however, is keeping people from RE-interpret old works.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
  15. Re:technology is outstripping Justice's understand by sjwaste · · Score: 4, Interesting

    I'm wondering if the blame doesn't lie with the clerks. Let's face it, federal judges have enormous case loads. I'm not sure if the 2004 case reference was at the district level, but it's especially busy there.

    So I'll ask, where were the clerks, if this account is correct? Federal clerkships are fairly prestigious, and many clerks are young enough to have direct exposure to this technology. Are they not doing the research? I'm fairly certain any due diligence by the judge would be carried out by the clerks on these matters.

  16. Re:technology is outstripping Justice's understand by geoff+lane · · Score: 4, Insightful

    The piracy that costs the companies that the RIAA represents are the undocumented pressings that appear from CD factories throughout the world. Compared to that, the kids sharing a few files is inconcequential.

  17. I've said it before and I'll say it again... by starseeker · · Score: 3, Interesting

    For goodness sake stop distributing their music! Find the legitimate free music out there and start a grassroots movement!

    If they don't want people illegially distributing their music, that's fine with me. That's what the law says, and changing the law is going to be tough. Is there response extreme given the crime? Of course, but you have to admit it's hard to deter people from downloading music - the odds of being caught and punished are still extremely low. We think they shouldn't be doing this, but remember from their point of view they want to stop this behavior. The only question then becomes what it will take to stop it. Secondary damage to sales (if any) doesn't seem to phase them much.

    The only way we'll EVER win this is to cut the RIAA out of the picture. There are folks doing free music out there - let's get organized and promote the good ones! Just like open source software - don't pirate commercial software, do it right and create free alternatives. In the end, everyone's happier.

    Admittedly, the creative/artistic community seems to function differently than the software folks - look at how many game engines there are, vs. high quality maps/data for said engines. I expect high quality free music might also be a bit unusual, but that's no reason not to try and start a new social trend.

    We don't like Microsoft because of their software and business practices - all right, we're doing something about that. Not pirating Windows, but creating alternatives and using them. Let's do the same with music - if we're correct about the low quality of product being promoted by the large commercial groups (debatable - I personally don't think there are any useful univeral quality metrics that will decide what is enjoyable to all people, but I'll go with it here for the sake of argument) it shouldn't be impossible for folks with the time and hobby interest out there to put something together.

    Let's establish a non-commercial Americal Idol type phenomena - people can compete for rating on the internet, and the most successful of those might be able to start playing live concerts, selling professional quality CDs with covers/etc. and other things that actually generate revenue. (I can't say I care for the way Americal Idol works, but we should pay attention to the techniques they are using to identify people that America wants to hear sing).

    iRate radio has some good ideas, but I think they should utilize bittorrent technology and start building more of a community structure than just scraping free music websites. Lets do this right - don't fight the RIAA on their own turf. They can use the legal system to beat us over the head - they've got the $$ to do it. So let's not let them dictate the terms of engagement - let's take both the long term solution and the moral high ground. THAT's the way to fight, and the only real hope I see for success.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:I've said it before and I'll say it again... by Anonymous Coward · · Score: 1

      Instead of telling people how things could or should be done, why don't you take some initiative and start doing those things yourself. Or do you just like to flap your jaws on /. ?

      Don't whine to me about lack of resources. If the idea has legs, you could get it done. People will volunteer time and materials to a good cause. No excuses.

    2. Re:I've said it before and I'll say it again... by starseeker · · Score: 2, Interesting

      As an AC I would normally ignore you, particularly given your tone, but since you seem to have a reasonable question hidden in there - "why don't I do it myself" - I will answer. I personally have very little interest in music - the RIAA concerns me more in terms of the havoc they are wrecking and will continue to wreck with the legal and technological scenes. A community music effort could only be successfully undertaken by one or more preferably a group of people who are passionate about music and willing to devote a lot of time and resources to forming a community. Preferably, they should also have good contacts with the music scene, particularly the existing free music scene. That is not me - I would not be sufficiently energetic or credible as a leader to make such a movement succeed.

      I might be interested in the technology and techniques that would allow such a network to function robustly, but that is almost a field unto itself and would require more knowledge of social networking phenomena than I have. It might actually be an interesting research topic for a sociology Phd - what the necessary checks and balances would be to have a good web based functioning music community. There are hundereds of quasi-free and commerical sites out there, some already fairly successful, and they should first be studied to learn what they do right and wrong. Done right, it is not a trival undertaking.

      I did not and do not mean to imply that such an undertaking would be simple, painless, and quick - merely that it is an obvious and entirely legitimate counter to the present RIAA activites, and one that does not seem to recieve much attention or interest. Part of the reason for that is probably that to be a solution it has to function at the level of a general social trend, and as the RIAA itself is aware the least energy solution is to continue pirating and ignore the lawsuits until people actually get one. The only way to "bootstrap" such a movement would be to have a website appear with robust infastructure and a significant song offering already in place, and then start to build word of mouth support. People telling people about the site, and then those new arrivals being impressed when they arrive. It is a job for a group skilled in both music and computers, and that is a very small group indeed.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    3. Re:I've said it before and I'll say it again... by Ciarang · · Score: 3, Insightful

      I couldn't agree more.

      I suggest that for a popular musician, there is more than enough money in touring, etc to become very wealthy, and a semi-popular one could easily make a living. The only trouble is that doesn't leave anything for the record company execs to get rich on. The argument in the past of course has been that the record company is needed to promote, fund and make the artist popular in the first place. (An unpleasant side effect of this is that the same parasites get to choose what gets to be popular, or at least narrow the potential field down to a few favoured runners)

      Most definitely NOT so any more, we're seeing examples already of musicians hitting the charts out of nowhere after building up large followings online. Sadly of course, they sign to the record companies along the way, but they could just as easily public domain* their recorded material and earn well from performing and appearing. In fact, since spreading their music is their key to success, I will replace "just as easily" with "really should" I see that as the way of the future - what we're witnessing now are the last frustrated kicks of a dying beast.

      *sorry, yes, I know public domain is not a verb

    4. Re:I've said it before and I'll say it again... by shotgunsaint · · Score: 2, Informative

      "I expect high quality free music might also be a bit unusual, but that's no reason not to try and start a new social trend." This has been around for years. It's called Electronic Music. I know most people don't like it, but it IS a working copyright-free model. This is how it works: 1) Producer makes killer track, publishes it to vinyl without copyright. 2) DJ hears killer track at record store. 3) DJ purchases said track, thus providing the producer with his money. 4) DJ spins said track at their next club gig/ party (paid for the performance, despite what many people think, being a good DJ is NOT easy! It takes work just like any other instrument.) 5) DJ puts said track on his mix cd, and sells that for more cash, giving credit (and nothing else) to the producer. 6) Producer sees increased demand for his tracks based on popularity of previous tracks.

      --
      The future isn't here until I can type "car keys" into Google and have it say "You left them in your pants last night."
    5. Re:I've said it before and I'll say it again... by Anonymous Coward · · Score: 0

      So, why not bring this idea to a group of people who are interested and say something like "if you're willing to take care of this part of the idea, then I'll help take care of the more technical end of it" ? Or, bring it to a group of students or enthusiasts who might be able to take the idea and run with it

    6. Re:I've said it before and I'll say it again... by HikingStick · · Score: 1

      There may be a free music scene, and you may be able to get *some* people to adopt that model, but the ones who need to be reached are the up-and-coming musicians. When they finally get noticed by a talent scout, agent, or label, all they can see through the paperwork is the promise of paychecks and royalties.

      Sure, there will always be some purists who pursue the art form for its own sake, but there are too many out there who want success and will sign contracts without thinking about file sharing, RIAA/copy protection, you, or me.

      --
      I use irony whenever I can, but my shirts are still wrinkled...
    7. Re:I've said it before and I'll say it again... by Dun+Malg · · Score: 1
      For goodness sake stop distributing their music! Find the legitimate free music out there and start a grassroots movement!
      That course of action is fine if your one's only objection is the oligopoly that is the RIAA member companies. If one objects to the current state of copyright law, then destroying the RIAA by not only not buying their music, but also making copies in direct defiance of copyright law is more in keeping with one's beliefs.
      --
      If a job's not worth doing, it's not worth doing right.
    8. Re:I've said it before and I'll say it again... by Ciarang · · Score: 1

      Honestly, I'm not a Grammar Nazi, as you can probably tell from this sentence, but I am a budding Phrase Nazi and I have to point out that you wreak havoc, you don't wreck it.

      http://www.wsu.edu/~brians/errors/reeking.html

    9. Re:I've said it before and I'll say it again... by element-o.p. · · Score: 1
      Let's establish a non-commercial Americal Idol type phenomena - people can compete for rating on the internet, and the most successful of those might be able to start playing live concerts, selling professional quality CDs with covers/etc. and other things that actually generate revenue.

      Hook me up! I'm a musician, I've written a couple of songs (one of which I've released under the Creative Commons License, although it's targetted to a pretty specific sub-genre), and I've got a handful more in progress.

      I don't buy too many CDs any more, since I don't like a lot of commercial music (NIN being an exception), and so I'd love to be part of what you are describing. Any other creative /.'ers with musical inclination?
      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  18. Re:I Would Assume... by 91degrees · · Score: 1

    She's a "home house aid". Not quite sure what this means but it probably involves cleaning.

  19. Does this mean by Howler · · Score: 4, Funny

    ...that if the RIAA is sponsoring a "Reign of Terror" that everyone at the RIAA can be arrested, send to GITMO and tried under the Patriot Act? Would would a military tribunal say about the RIAA? Hmmm.. :-P

    1. Re:Does this mean by houghi · · Score: 3, Funny

      RIAA to jail due to the Patriot Act?

      Is this good or bad? My head hurts.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Does this mean by Howler · · Score: 1


        Normally, I'd say headache, but in this case I'd say its all good. Since we would then be able to use the Patriot Act against the authorities that made it, I would expect them not to be too happy and to create a "Security Patch" to Patriot Act 2.0 and close that loop hole.

      Goodness know, we can't have the people using the law of the land against the law makers. Sheesh!

  20. Re:technology is outstripping Justice's understand by lgw · · Score: 4, Interesting

    This is the truth of the DRM war.

    Today geeks are pissed, mostly because we see a dark future if trends continue, and consumers aren't upset by this. However, consumers *will* be upset if trends continue! If DRM moves to a place where consumers choke on it, it will be as dead as Divx, and all technology assoiciated with whatever consumers hated will be dead as well, as fast a a boy-band becomes no longer cool.

    I work with engineers who are working on the TCG standards, and there is a lot of awareness of this problem. If, as many Slashdotters fear, Trusted Computing gets used to lock down consumer DRM, then Trusted Computing is dead, and years of work are wasted.

    This doesn't mean that DRM is going away, however. There's plenty of room for less intrusive DRM that won't annoy the average customer, but will still seem restrictive to geeks. iTunes is there, more or less, for example.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  21. The copyright industry is a menace by CurtMonash · · Score: 2, Insightful

    Besides the nasty tactics outlined in the article, the RIAA et al. are a serious menace in at least two other ways.

    First, they are a prime mover behind laws mandating a long audit trail (e.g., two years) recording who accesses which web sites. (Child porn is the other common motivation.) To date, this has been more of an issue in Europe than the US.

    Second, there's a huge threat going forward as Layer 7 inspection by ISPs becomes commonplace. At that point, it will be at least theoretically possible to harass somebody for ANYTHING they download, upload, whatever, because intermediaries such as ISPs will have complete access to that information.

    --
    To err is human. To forgive is good system design.
  22. Re:technology is outstripping Justice's understand by SomeoneGotMyNick · · Score: 2, Funny
    the simple answer is to cease all activities involving consumption of the product. Don't steal it, don't buy it, don't listen to it on the radio, and make sure you let everyone know your position and explain why you're taking that position WITHOUT making it sound like you're just whining that you're coming under fire for wanting to steal things.

    Gee, I hope my " Today's music sucks teh Sh!t " bumper sticker get's the word out.

    You won't hear the trunk welds breaking in my car from overcranked trash pop.

  23. Doctor! by ThreeDeadTrolls · · Score: 0

    RIAA "Doctor doctor! It hurts when I do this!" Doctor "Well don't do that stupid."

  24. Re:technology is outstripping Justice's understand by bigtimepie · · Score: 1, Interesting
    piracy is not rampant (yeah, it exists, but it's not the monster the RIAA claims it is
    I kindly disagree.

    As a working musician, it is my opinion that filesharing spreading to a large percentage of the general public is a direct reason that independant record labels and independant cd stores are increasingly becoming invisible and/or dieing.

    This, in turn, helps the major labels strengthen their grip on the market and control this medium of mainstream media. I would say that it is a small monster now, but when it grows up it could become a godzilla.
  25. Overkill by Anonymous Coward · · Score: 0

    Send in S.W.A.T. after these pirates.

  26. Just wondering... by gnasher719 · · Score: 3, Interesting

    how many copies are made without going online. My music collection is backed up on DVDs, on the average about 600 songs per DVD, and all a lot better quality than you find on any P2P network or iTMS, and all DRM-free. Just good that I don't let anyone get their hands on those DVDs, it would be RIAAs nightmare and completely untracable.

    1. Re:Just wondering... by PHPfanboy · · Score: 1

      completely untraceable? probably, but looking at the recent history they'll probably subpoena Slashdot for your IP address

      --
      29 mpg. YMMV.
    2. Re:Just wondering... by Anonymous Coward · · Score: 0

      take a trip to eastern europe or china or . . . there are plenty of those kinds of discs available right on the street. i have to admit its very satisfying to buy the entire metallica collection on pirated discs for just a few dollars.

  27. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    However, since the majority of people who are aware of this problem seem to be comprised of either theives or theif sympathizers who would rather just keep fueling the fire by stealing music

    Is that what the RIAA told you? That people weren't buying their music therefore they must be stealing it? Because thats what they shout every time their sales numbers slip just a little bit. If everyone stopped buying the music, they'd just wave their little spreadsheets around and scream about piracy some more. They did this all through the dotcom bust and the following recession, they do this every time their sales increase is below the rate they expected ("This quarter we only sold 1% more CDs than last quarter! ZOMG PIRATES!!!1!"), and if there's a widescale boycott, they'll continue to scream about piracy cutting into their profits. And at this rate the government will give them the power (or at least continue to look the other way while they take it) to bust down your door and shake you down for cash if you haven't met your quota of CD purchases this month, since if you haven't bought it you must be pirating it.

  28. Re:technology is outstripping Justice's understand by andrewman327 · · Score: 3, Insightful
    Why doesn't the EFF provide experts to file briefs outlining the flaws in RIAA's claims? Do lower courts not accept amicus curiae briefs?


    I agree that there is a problem with judges not compeltely understanding technology, but they are taught to be open minded. Remember that a lot of the people dues by the RIAA are guilty. Just because many of us feel things should be different does not change the fact that some of these people are violating the law. However I do not believe that the legal actions of the RIAA are in the spirit of American jurisprudence, nor do they meet the required burden of proof.

    --
    Information wants a fueled airplane waiting at the hangar and no one gets hurt.
  29. She can't recognize a computer?!?!? by Dutchmaan · · Score: 3, Insightful

    "The only connection she has ever had to a computer is that she has on occasion dusted near the parts that she believes are a computer."

    Ok, maybe she hasn't used a computer before.. Thats fine, but unless this person is uncontrollably stupid "dusted near the parts that she believes are a computer." How many people in a normal society would even be able to recongnize a computer! I think this person is playing extra stupid as part of her defense.

    1. Re:She can't recognize a computer?!?!? by Anonymous Coward · · Score: 0

      It might depend on how old she is. If she has worked in a lab dusting things for years, and never used a computer or bought one, she might just regard it as one more piece of lab equipment that "looks like it might be a computer." Thirty years ago, one might have been forgiven for mistaking an SEM console for a computer.

    2. Re:She can't recognize a computer?!?!? by shark72 · · Score: 2, Informative

      "Ok, maybe she hasn't used a computer before.. Thats fine, but unless this person is uncontrollably stupid "dusted near the parts that she believes are a computer." How many people in a normal society would even be able to recongnize a computer! I think this person is playing extra stupid as part of her defense."

      What TFA article doesn't mention is that Beckermen is her lawyer. And yeah, he's exagerating the hell out of the situation for sympathy. Which is what he's expected to do as a lawyer, so I have no problem with that.

      Beckerman has a blog on the case. The equally valid explanation (but not nearly as glamorous as her lawyer paints it) is that somebody else in her house is the P2P fiend, and the ISP bill just happens to be in the defendant's name. That's an extremely common scenario; the RIAA often sues parents on behalf of their kids.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:She can't recognize a computer?!?!? by LoveGoblin · · Score: 3, Insightful

      I'm sure you're right in that they're playing up her computer illiteracy, but still...you've never heard of anyone who thinks that the monitor is the computer?

    4. Re:She can't recognize a computer?!?!? by roman_mir · · Score: 1

      to a person who doesn't know anything about computers a computer is a mouse maybe? Or a monitor? Or a keyboard? I remember when computers WERE keyboards (well, they were inside keyboards.) Even the speakers can be mistaken for a computer, and the main processing unit can be mistaken for a filing cabinet.

    5. Re:She can't recognize a computer?!?!? by Anonymous Coward · · Score: 0

      I would say you have not worked in Customer Support. I am a programmer for a small company, and prior to this job I was a programmer at a different small company. Both companies are small enough that I was also telephone support. Before that, I worked IT at a school. I won't say in the IT department, as there were only two of us.

      I will tell you now that I have worked with teachers, and with clerks that use computers on a daily basis, that could not tell you what part of the machine is the computer. Some would say the display is, others call the tower a 'hard drive.'

      This is exacerbated in any environment where terminals are used.

      Finally, I would also point out that some apartment complexes include internet service, often with ip addresses assigned by apartment number. If an apartment does not have or use computers, other nearby apartments may steal their ip addresses to get additional machines online without the use of NATs. In fact, I have lost internet access twice in the past several months due to an apartment based MAC filter deciding I should not be able to access the system. I later learned that this filter was a new system put in place to block exactly that sort of address stealing by another user on the network.

      If that was the case, it is entirely probable that a request for information regarding an ip, directed to an apartment manager, would result in a naive "Oh, xxx.xxx.xxx.27? Well, that would be apartment 27, that's the way our addresses are assigned. Yes, I hope that helps, thanks, bye."

      If she has no computer of her own, and simply cleans at an office, how is she to know whether the machines on or around someone's desk are computers, given that there may be CRT's, LCD's, towers, pizza-boxes (those little SUN machines that are only as big as the base of the monitor), dumb terminals, UPSes, hubs, switches, wireless routers, printers, scanners, copiers, CCTV displays, and possibly in an techie-friendly workplace, televisions and game machines?

      If people who use computers daily can still be incapable of identifying them, I hardly see it as unreasonable for someone who had never used a computer to be unable to identify one with certainty.

      Howard C. Shaw III

  30. Bad news, good news by grasshoppa · · Score: 0

    Bad news: RIAA/MPAA are making even simple file sharing a legal liability. No more testing out songs before I buy CDs

    Good news: Songs suck now a days. No need to buy CDs, nor even test them out.

    It's a win win for me; I don't spend more money on music, AND I don't have to worry about liability given that I have no interest in that music anyway.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:Bad news, good news by rbochan · · Score: 1

      Yes, and the folks a couple of years older than you think YOUR music sucks too.
      Guess what... you just realized that you got old. The vericose veins should start popping up any day now.
      Oh, and GET OFF MY LAWN!

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    2. Re:Bad news, good news by gsslay · · Score: 1
      Good news: Songs suck now a days.

      Congratulations. You are now middle aged.

      There's always good music out there, of all kinds, you're just looking in the wrong places.

      (That's right, a file sharing network is the wrong place.)

    3. Re:Bad news, good news by Anonymous Coward · · Score: 0
      It's a win win for me; I don't spend more money on music, AND I don't have to worry about liability given that I have no interest in that music anyway.
      Umm... read the article. People who don't even use computers are sued. Why do you think there's no chance they'll sue you?
  31. Re:technology is outstripping Justice's understand by guruevi · · Score: 1

    Except for the RIAA hasn't been battling a whole lot. They just bully certain people into either paying a certain extortion fee or they can go to court and spend double that amount on lawyers, court costs and others. The consumer will get their rights, eventually, and they will get their lawyers fees etc. back, eventually, but in the mean time they get bankrupted or give up because they need to eat and their lawyers need to eat.

    Now some people are standing up against the RIAA, saying: bring it on, and see what happens... all of a sudden RIAA doesn't have a case, they can't give any information, they stall the case as long as possible with excuses and threats yelling: pirates, pirates, protect your music by making sure you can't play it where you want.

    It's just like the American government with Saddam. They bully every nation in the Middle East: all your oil is belong to us and hide those nuclear weapons we gave you a few years ago. Then there are some like Iraq and Iran that say: bring it on. They go in, do some havoc in Iraq and then they are just standing there: oops, we don't have a case, no WMD, no terrorist training camps, not enough troops, troops want to go home... shit..: terrorists, terrorists, protect freedom by taking it away.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  32. Re:technology is outstripping Justice's understand by Dare+nMc · · Score: 1

    > would have got rid of their crashing, malware prone MS desktops years ago
    I don't think thats a good analogy. The typical highschool/college students of today have figured out how to share music,etc because the results only affect them. They don't deal with chaging the PC operating system, because they are not allowed to, and understand (correctly or incorrectly) that for a job they have to learn to deal with windows. They won't need to learn to deal with DRM in the workplace unless they are a disc jockey of some sort.

  33. Re:I Would Assume... by KarmaMB84 · · Score: 1

    It might help if people realized that when they download files with a p2p app that it usually ends up sharing them too and that US copyright law lets the RIAA come take their money. Any time I fix a computer, I usually find p2p apps or someone asks me about "downloading free music". I always tell them to a) remove the p2p software or b) do not download music through p2p or otherwise. For one, I don't want my name coming up in association with the machine if the RIAA comes calling and the owner wants to cover their ass.

  34. Tactics in court by Opportunist · · Score: 5, Insightful

    The development is not a good one, neither for the efficiency nor the reputation of our courts. The tactics are always the same. First, accusations are peppered all over the net to people who might have something to do with it. Now, the average person is no lawyer and can't afford one, so one of two happens:

    1. They pay, because the accusation says "Pay or it gets more expensive", even if they didn't do anything.
    2. They go to court where the case is immediately dropped by the RIAA unless they REALLY hold some evidence.

    Now mix in that the average judge knows jack about internet or the way it works (I only say "tubes". Ok, no judge but a politicians, but similar species and cranium). To make matters worse, many judges refuse to hire experts to get an informed input about it and instead rely on hearsay or what accuser and defender claim would be true. It's stunning that the judges don't even bother considering that either of them could be lying to win his case (again an example where in the presence of computers usually intelligent people turn into gullible morons).

    This makes trials more gambling than anything resembling justice. Justice has the problem, like many parts of the legal branch, that the advent of the internet and computers in law and crime changed a lot of parameters. Most of all they changed that a lot of the things happening in and around computers cannot be grasped with "common sense" (not that it was all that common in court rooms... but I ramble).

    In "normal" cases where everyday things are happening, judges can cast a sound and sensible verdict even if they don't know too much about the underlying matter. If a customer and a mechanic are going to court over breaks that should've been fixed and weren't, a judge can make a fair decision based on looking for parallels that he can understand.

    Those parallels don't exist in a world that is very artificial and virtual, where property can be multiplied without any quality loss, immediately and inifinitly.

    That's why judges are out of their league when dealing with the 'net, computers and IP. And that's why we get unjust and unsensible court orders. And that's why companies who can afford pepperspray sueing do it.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  35. GM sales plummeting! by Anonymous Coward · · Score: 0

    Drivers *must be* pirating-making illegal clone copies-of GM vehicles!

    The weird thing, it probably is happening-in china.

    L@@k! A new yuqawhn!

  36. a fun if possibly illegal idea by DaveV1.0 · · Score: 4, Funny

    1) Steal the identity of the heads of the RIAA.

    2) Using those identities, set up bank accounts, rent a cheap apartment or office somewhere, get broadband, hook up a computer with P2P software and loaded with songs. Use the identities to set up websites where people can download songs. Infringe on those copyrights!!!!!!

    3) Watch the ensuing hilarity as the RIAA sues it's own heads for infringement.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:a fun if possibly illegal idea by rainman_bc · · Score: 1

      3) Watch the ensuing hilarity as the RIAA sues it's own heads for infringement.

      4) ???

      5) Profit!

      (I know I know... should be a four step plan not five. Couldn't resist though)

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  37. Re:technology is outstripping Justice's understand by N7DR · · Score: 1
    The judges have no clue.

    I had a conversation not long ago with someone who was clearly a very bright state Supreme Court justice. It was scary. On the one hand, at least when one gets high enough in the system, the judges are, for the most part anyway, pretty bright. The problem is that (from my single data point) they think they are bright enough that they understand technical detail -- when in fact they are more or less clueless. It's kind of like watching "Nova" or "Horizon" and thinking that by dint of having done that one really understands a scientific subject. This judge told me she realized that judges need technical training for some cases, but the lawyers are very good at making sure they receive it in the briefs and during argument, and she was convinced that the system works just fine.

    And of course lower down in the system, the lack of technical competence is utterly appalling.

    Personally, I think they should have technical cases judged by a 3-judge panel in which one of the judges is a technical expert, not a normal judge. But of course you can imagine what she thought of that idea.

  38. Re:technology is outstripping Justice's understand by Roody+Blashes · · Score: 1, Interesting

    What you don't seem to understand is that it's irrelevant whether or not theives are hurting their bottom line. What is relevant is that they're correct: people ARE stealing their music. Regardless of the impact it has (or doesn't), that is what gives them traction to press for insane anti-consumer laws and technologies.

    Furthermore, it gives them a scapegoat. If CD prices go up and legit consumers complain, they can just blame the theives to silence detractors. No regular consumer has the time to delve into balance sheets and such to discern the truth, so they just say "oh okay" and then when people like me go around and say "I don't buy CDs here's why", they just say "oh, you're one of the dirty theives who makes my CD prices go up".

    What the p2p theives just don't get, or don't care about maybe, is that by continuing to steal music, whether it hurts the industry or not, they just provide this enormous amount of fuel that makes it next to impossible to actually stop the RIAA. People using legit means get looked at just like the pirates so they get no support from common consumers. Furthermore, they give the RIAA a reason to keep pressing for new laws and restrictions.

    P2P does nothing but harm any chances of ever reversing this tide. The best friend the RIAA has in all this is the people who keep stealing music.

    --
    If you haven't foed me yet, what are you waiting for?
  39. Re:Bad day by digitaldc · · Score: 2, Informative

    Songs suck now a days. No need to buy CDs, nor even test them out.

    Oh come on man! You just...(strike up the chords)

    had a bad day
    You're taking one down
    You sing a sad song just to turn it around
    You say you don't know
    You tell me don't lie
    You work up a smile and you go for a ride
    You had a bad day
    The camera don't lie
    You're coming back down and you really don't mind
    You had a bad day
    You had a bad day


    Sorry, I just wanted to remind you of how bad music is these days.
    You're beautiful-it's true.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  40. Hm... What if... by Techguy666 · · Score: 1

    If one considers this quote:

    This is the point where Beckerman and the EFF prefer to intervene in a case. They try to point out that "any real pirate would never leave the meta-data [and] would be using someone else's Internet access account," Beckerman says. "Even seeing the shared file folder doesn't tell you which computer it resided on, because you're seeing files from a group of computers that are connected." ...So what if everyone using p2p simply fills in the information of their local congress-critter or favorite lawyer? It looks like the RIAA is doing only cursory checks to see if their information is accurate before letting the lawsuits fly. It'd be amusing to see what would happen if a boat-load of intellectual property lawyers and politicians were targetted by the association. Or, to fly under the radar, use the names of the secretaries of all the lawyers and politicians in your area for your p2p programs...

  41. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0
    It would be nice to think the courts and the justice system (the jurists) would apply due diligence but for myriad reasons they don't or won't.


    One very compelling reason is that almost no one has been willing to actually go to court over this issue. The RIAA has been settling for a few thousand dollars, far less than what actually defending the case would cost someone with a real lawyer, so the risk reward of settling is ultra-compelling. Folks are rushing to condemn the courts when all they have done is issue paperwork at the request of somebody, unfortunately almost any idiot can do this for a nominal charge. It is unreasonable to ask the courts to judge the merits of a case at this point.

  42. Re:technology is outstripping Justice's understand by TheVelvetFlamebait · · Score: 5, Interesting
    If you want to put an end to this, the simple answer is to cease all activities involving consumption of the product. Don't steal it, don't buy it, don't listen to it on the radio
    I actually have to disagree there.

    If you dissosciate yourself completely from the RIAA's music, you deliver the message loud and clear that it is the music, not the company that you object to. Sure you can "make sure you let everyone know your position and explain why you're taking that position", but that level of detail doesn't reach the sales figures of the RIAA. Show demand for the music (if there is any demand for it), just not the company's "Reign of Terror". So called piracy boycotts the business model thrusted upon us every time we want to listen to music, but still retains the demand for the music. I know everyone has said it, but give me a good-quality, DRM-free system (read: the system allofmp3.com uses), and I will be generous with my hard-earned cash.

    Please note also that boycotting music (or movies for that matter) is not easy for everyone. I love my music, and I couldn't imagine my life without it. Right now, the RIAA could boycott me and I'd come crawling back, humble and submissive, within weeks.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  43. Re:Bad day by rainman_bc · · Score: 1

    Sorry, I just wanted to remind you of how bad music is these days.

    This is the first decade without a strong defining genre. The 90's had grunge, the late 80's had hair rock, the 80's had pop, the 70's had disco and the 60's had rock.

    In the 2000's we had Bananas - B-A-N-A-N-A-S

    Yeah, it's friggin' bad. Still some gems out there though like Pearl Jam and Tool...

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  44. To translate in layman terms: by Yaa+101 · · Score: 1


    The memes of justice are build with cases, not lawbooks.
    If an organisation can successfully win 1000's of cases then these memes of justice are changed towards their favour.

    Then justice thinks that these organisations are right.

    I wonder why people need many words to explain simple facts of life.

  45. OT: Oxford Comma by thePowerOfGrayskull · · Score: 1

    Nice use of the Oxford comma by the way.

    I had to look it up to realize that it was something I do all the time... but now that I know there's a cool phrase for it, I'll be sure to point it out!

    [Mods: Note that this is labeled OT in the subject. Are you really gonna waste a point modding it that way?]

    1. Re:OT: Oxford Comma by HoboMaster · · Score: 1

      The Oxford comma is your friend. Clarifying punctuation FTW!

      --
      Remember kids, tin foil doesn't work, so use LeadHat.
    2. Re:OT: Oxford Comma by Anonymous Coward · · Score: 0
      > I had to look it up to realize that it was something I do all the time... but now that I know there's a cool phrase for it, I'll be sure to point it out!

      From a book dedication: "This book is dedicated to my parents, God and Ayn Rand".

      Any editor who has a problem with the Oxford comma puts his writers at great risk of embarassment. Unless they have a really freaky family history.

    3. Re:OT: Oxford Comma by thePowerOfGrayskull · · Score: 1

      Well, it is an optional kind of thing. Not technically any more or less correct than not using it.

  46. Theft and stealing = off-topic, really by krell · · Score: 0

    "since the majority of people who are aware of this problem seem to be comprised of either theives...by stealing music...wanting to steal things."

    This topic involves copyright infringment, and does not involve theft or stealing. It's important to get the distinctions straight. None of the RIAA actions in the discussion "Reign of Terror" have been directed at thieves, nor are they related to stealing, so this should be mentioned.

    "You fail to understand the enemy, and that is why you will lose"

    You entirely missed the boat on what the issue is.

    --
    Where were you when the voynix came?
  47. Re:Bad day by IcerLeaf · · Score: 3, Funny

    Dear Mr. Digitaldc,

    You have illegally distributed the lyrics to Daniel Powter's song entitled "Bad Day", to an estimated 50,000 Slashdot users. As you must be aware, Warner Brothers owns the exclusive publishing rights to a plethora of popular music, including "Bad Day". The law entitles us to collect damages of $100,000 per illegally-distributed copy. Your bill comes to $5,000,000,000. Will that be cash or charge?

    Sincerely,
    Warner Brothers

  48. Re:technology is outstripping Justice's understand by dr_dank · · Score: 2, Insightful

    If you want to put an end to this, the simple answer is to cease all activities involving consumption of the product. Don't steal it, don't buy it, don't listen to it on the radio, and make sure you let everyone know your position and explain why you're taking that position WITHOUT making it sound like you're just whining that you're coming under fire for wanting to steal things.

    No income = dead cartel. Very simple equation.


    Then the RIAA would point to declining record sales as proof of further harm by piracy. Doesn't matter if P2P went dark tomorrow; they would find a new scapegoat and continue abusing the legal system to ensure their profits. These people don't deal in facts or logic, only in what will scam them more dollars for their member companies by any means necessary.

    --
    Where does the school board find them and why do they keep sending them to ME?
  49. Re:technology is outstripping Justice's understand by ajs · · Score: 3, Insightful
    They're fighting it because they recognize that p2p has the potential to completely decimate their supply channels by allowing every Tom, Dick, and Harry to interrupt their entire business plan with a mouse clicks.

    This is a fact.

    Please, cite a source. Any source.

    I'm in full agreement with you on the theory that this is the RIAA and MPAA's motivation (though I think it goes deeper than that, and gets a bit darker as they don't merely wish to preseve, but expand their control over distribution), but this is still just what we think the RIAA and MPAA think. It harms our case when we say that this is "a fact".
  50. Can't wait... by TheVelvetFlamebait · · Score: 1

    Lovely. We have a new music label coalition of corporations whose entire purpose (like any corporation) are to make money for shareholders.

    The truth of the matter is that music is affected very little by the free market. Have you wondered why the RIAA coalition has survived so effectively, despite all the companies offering equivilent services? It's because we choose music (or hype) over price more often than not. If we like both albums, but we're not sure which to get, we buy both. If we can only afford one, we buy the other later. The RIAA has no intention of internal feuding because no-one is stealing anybody's lunch.

    Look out for AWESOME over-charging, manipulating distribution channels, merging with the RIAA, stonewalling the EFF, etc.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  51. Stupidity is not terrorism by radtea · · Score: 3, Insightful

    The Recording Industry Association of America (RIAA) is waging a "reign of terror" against "defenseless people" in its efforts to prosecute people for illegal music downloads.

    Over a hundred years ago Marx wrote, "What party in the opposition has not been called communistic?" or words to that effect (quoting from memory--dunno where my copy of the Communist Manifesto has got to.) For most of the century that followed it was safe in some circles to paint anything you didn't like--union organization, civil rights protests, anti-war activity, to name but a few--as "communist."

    Today, we see the same trend with "terrorist". I have seen and heard accusations of "terrorism" against patent trolls, aggressive commercial competitors, angry former spouses...you name it. Terrorism is the trendy term-of-the-day for anyone you don't much like.

    I'm tempted to put in some fairly obvious but sure-to-be-modded-flamebait links to stories on current events that might accurately be described as a "reign of terror" against "defenseless people", just to contrast these with the legal manueverings of the RIAA. I'm sure readers can think up their own links, which will vary depending on political persausion, but in every case they will involve stories where innocent people are living in fear of being killed by bombs, rockets, swords and guns. THAT is a "reign of terror", and I'm damned sure that most of those people would change places with the folks being sued by the RIAA in a moment.

    So please, could we stop the hysteria and quit calling everything we don't like "terrorism"?

    --
    Blasphemy is a human right. Blasphemophobia kills.
    1. Re:Stupidity is not terrorism by DarkDragonVKQ · · Score: 1

      That reminds me of the comic strip Ubersoft. (a parody of Microsoft). They first call Linux users communist, then later accuse people supporting open source software after 9/11 of being terrorist supporters.. They even spoof real life trends.

      --
      "I thought what I'd do was I'd pretend I was one of those deaf-mutes" ~ Laughing Man - GITS:SAC
    2. Re:Stupidity is not terrorism by Castar · · Score: 1

      So please, could we stop the hysteria and quit calling everything we don't like "terrorism"?

      Calling something a "reign of terror" doesn't have anything to do with terrorism. The original reign of terror occurred during the French Revolution (wikipedia link).

      So it's hyperbole, but it's not about calling things terrorism.

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
  52. 'Reign of Terror' ... Oh Please by Luscious868 · · Score: 2, Informative

    What's happening in the Middle East as I type is a reign of terror. The RIAA are simply abusing their power. There's a pretty big difference between the two and overexagerting the problem can have the effect of making otherwise fair minded people stop listening to what you're saying.

  53. Re:technology is outstripping Justice's understand by shark72 · · Score: 1

    "Honestly, the idea of DRMs pisses so many people off that they simply can't stay around for long. The consumer hates not being trusted, and won't buy things that have DRMs. DRMs will be a thing of the past in the next decade, I have faith."

    Yet the iTMS is a phenomenal success, while emusic and Maganatune are virtually unknown by the public.

    For what it's worth, the iTMS DRM has never bothered me. I can burn as many copies of a playlist as I want to, burn stuff for my car, and listen to it on as many computers as I want to. I couldn't start burning unlimited copies and selling them on the street corner, or drop the files into a P2P share directory, without jumping through a few hoops... but that's sort of the point of DRM. When you refer to "the consumer," you don't speak for me.

    --
    Sitting in my day care, the art is decopainted.
  54. p2p thieves = oxymoron by krell · · Score: 0

    "people ARE stealing their music"

    I do not doubt they are. CD's are shoplifted from Wal-Mart, and music stores are broken into and robbed. However, this discussion item (guess what?) has nothing to do with theft. As you ponder that fact, I challenge you to find one Slashdot discussion item that actually discusses music theft. After you find none, look in Google for an news item involving theft of music.

    "What the p2p theives just don't get..."

    p2p thieves is an oxymoron. You just can't steal using p2p. You can infringe copyright, etc: but you apparently do not understand how p2p technology works. Everything it does involves duplication of files, not taking. You can't have theft if you don't have taking.

    --
    Where were you when the voynix came?
    1. Re:p2p thieves = oxymoron by IDontAgreeWithYou · · Score: 1

      Way to toe the party line there buddy, but when you take something for free knowing full well that you are supposed to pay for it, you've committed theft. Of course, if this lame rationalization helps you sleep at night, by all means carry on. Feel free to explain how my argument is false. If you download a song for free knowing you ought to pay for it, how is it not theft? I will agree that breaking DRM for something you've purchased is not theft.

      I've used this example before, but I'll use it again here. Go into a massage parlor and get a massage and then walk out without paying the bill. No "taking" has occurred, but I guarantee if the authorities get you, you will be charged with theft.

      --
      Finding other idiots on /. that agree with your opinion doesn't make it any less stupid.
    2. Re:p2p thieves = oxymoron by Anonymous Coward · · Score: 0

      Technically, it IS copyright infringement, not theft. Each on is a distinct crime. Of course, it's not relevant here in any meaningful way, because this isn't a court of law. He's just using "copyright infringement" because that sounds somehow less menacing and evil than "theft" even though the end result is ultimately the same for both actions.

      It's sort of like arguing over whether to call a murder a "murder" or "taking a life". Either way it's the same practical thing, but if you're a dishonest weasel you can try to use the second one in a euphemistic manner to downplay the negative results.

    3. Re:p2p thieves = oxymoron by krell · · Score: 0

      "Way to toe the party line there buddy, but when you take something for free knowing full well..."

      See what you wrote: "when you take". Taking does not happen in p2p. A duplicate is created instead.

      "Feel free to explain how my argument is false.



      Easy. You are using words without regards to meaning.

      " if this lame rationalization helps you sleep at night"

      Inevitably, someone like you will make this sort of great leap: when someone points out the fact that copyright infringement is not theft, someone else will get all confused and think that this fact means that copyright infringement is OK. I've got some news for you: there are plenty of things that are not theft that are crimes and are not OK. You seem to be operating on the assumption that if it is not theft, it is not wrong.

      "If you download a song for free knowing you ought to pay for it, how is it not theft?"

      Because it does not meet the definition of the word "theft".

      "I've used this example before, but I'll use it again here. Go into a massage parlor and get a massage and then walk out without paying the bill. No "taking" has occurred"

      I wonder why you used it before, because it does not fit at all! In your example you have taken up an amount of the masseur's time. This is not the case for p2p music: the artist's time has already been spent. Let's say he spent 4 days recording a song. This time is the same regardless of everyone buying 10 or 100,000 CDs, or whether or not 0 p2p copies are made or 13,000,000 copies are made.

      --
      Where were you when the voynix came?
    4. Re:p2p thieves = oxymoron by MBGMorden · · Score: 1

      Actually it would be more akin to insisting that a case of "manslaughter" be referred to as such rather than "murder". Yes in both cases "a life was taken", but the two crimes committed are completely different, with different penalties, so the distinction should be maintained.

      If I remove physical property, I have committed theft. If I walk into a massage parlor and don't pay, I am still using up a quantifiable measure of this person's time that they could otherwise use for a paying customer.

      When a song is copied over a P2P network, the original producer is not burdened in any way. Nothing that they own is taken or diminished. This my friend, is a compeletely seperate offense from theft.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    5. Re:p2p thieves = oxymoron by IDontAgreeWithYou · · Score: 1

      Nice try, really. You completely failed to explain how you justify having a copy of a song without paying for it, when you know full well you should be paying for it.

      --
      Finding other idiots on /. that agree with your opinion doesn't make it any less stupid.
  55. Re:technology is outstripping Justice's understand by TheGreek · · Score: 1

    Really? You want unelected, unappointed clerks heavily influencing findings of fact?

  56. Yes! Boycott RIAA and make your own music. by rdmiller3 · · Score: 1

    Do you think that the artists aren't aware of what their "label" and the RIAA are doing? Of course they're aware, and they're hoping that they'll get paid as a result! Do you think that the artist doesn't wish you would just buy the stupid album? No matter what they say, if they're producing through RIAA-associated labels then they are hoping to reap RIAA-associated benefits.

    • Don't buy RIAA-related music. (Okay, that's probably already covered.)
    • Avoid listening to RIAA-related music, and certainly avoid playing it in public. Don't give them free publicity and don't tempt yourself. The RIAA doesn't have any "secret sauce" to make their music special anyway.
    • Seek non-RIAA music. It doesn't have to be "indie" music, just find something you like that isn't paying dues to the RIAA. If you're a fan of a particular artist, you could send a letter to their publisher encouraging them to drop their membership in the RIAA.
    • Make your own music. Sing, hum, whistle, play an instrument (A radio is NOT a musical instrument!) and the more the merrier. And yes, you can. Even a stupid bird can sing, so make some noise.
  57. Why does the RIAA does the ivestigation? by houghi · · Score: 4, Interesting
    The RIAA is trying to conceal the information about how it conducts its investigation,


    That should not matter. What they should do is file a complaints and then the COURT should do the investigation. The fact that they even know who the person is, is a bad thing. What is happening is:

    RIAA to ISP: Give us all the details of IP XYZ:
    ISP: OK, there you are:
    RIAA to ISP: Sue this basterd, he must die.
    COURT: Sure, whatever you say.

    Here is how it SHOULD go:
    RIAA: We want to report a copyright crime:
    Court: Ok, please specify
    RIAA: IP adress 127.192.168.172 at GMT 23:12 shared song "Some_music by Some_person_or_band" wich is in violation of ....
    Court: Ok, we will see what is going on.
    Court to ISP: Give us the data of the person who connected with IP on ...
    ISP: There you are
    COURT: Ok. Now let us proceed.

    What happens in Belgium is that the court says: Fuck off if they don't ask money for it. We ain't got no time to do that. Come back when we have nothing to do or if you have people who are SELLING the stuff for profit.

    Also if the local RIAA would come with the adress of the person, a serious investigation into the ISP will be done because of violation of the privacy laws AND the evidence (the name of the accused) will be dropped as evidence, making them loose the case almost immediatly.

    America: Home of the give-your-privacy-away-for-free. :-(
    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Why does the RIAA does the ivestigation? by kilgortrout · · Score: 2, Interesting

      The courts have a much different role in the US than in most European systems. Here, everything is party driven; the courts do not do any independent investigation of facts. In fact, a court conducting a private investigation on a case would be highly improper. The court's role in the US is to make rulings of law based on the facts and arguments presented by the opposing parties and, where there are factual disputes, to make findings of fact in a bench case based upon the evidence the parties bring forth at trial. In a jury case, the jury resolves the disputed factual issues and the court only rules on matters of law and instructs the jury as to the applicable law. This is called an adversarial system of justice since it is driven by the adversarial parties in the case. Most continental European have an inquisitorial system of justice where the court is expected to make its own invstigation of the case, usually based upon the reports prepared for the court by its own investiagators.

    2. Re:Why does the RIAA does the ivestigation? by Afty0r · · Score: 1
      What happens in Belgium is that the court says: Fuck off if they don't ask money for it. We ain't got no time to do that. Come back when we have nothing to do or if you have people who are SELLING the stuff for profit.
      Selective Enforcement of laws is just as bad as Total Enforcement of bad laws...

      Both are VERY bad things for a stable society.
  58. It's not about what thieves understand by xeno-cat · · Score: 1

    This is about the hard cold math of economics. Econ. theory states that if a product is overpriced, then theft will ensue. Theivery of music, in this case, seems less of an indication that people are "bad" or don't "get it" but more of an indication that the gigs up for the real theives and crooks at the *AA. Don't get sucked into their simplistic and incorrect assesment of the socio-economic landscape. They have been screwing us for decades and now the've been caught with their pants down.

    I hope they get reemed.

    Kind Regards

    --
    "A few great minds are enough to endow humanity with monstrous power, but a few great hearts are not enough to make us w
  59. Learn more from the ALTERNATIVE FREEDOM DVD by pfz · · Score: 1

    These issues have been around for a while and nobody in the mainstream seems to pick it up. If it's something you care about maybe you should support work like this: http://alternativefreedom.org/

  60. Eff hates RIAA, Water still wet. by kinglink · · Score: 1

    Ugh, Yes, EFF hates the RIAA, RIAA is bad, EFF is good to neutral. Let's get real news instead of restating the same old same old.

    On a side note, when is the article title writer coming back? The last couple days have been pretty sub par and most of the time missed a crucial piece of data, or changed a word to a non synonym.

    1. Re:Eff hates RIAA, Water still wet. by NewYorkCountryLawyer · · Score: 1

      What do you mean by "article title writer"?

      --
      Ray Beckerman +5 Insightful
    2. Re:Eff hates RIAA, Water still wet. by kinglink · · Score: 1

      The title of articles in the last couple weeks have left a bit to be desired, not that it's lies but it's slanted in various ways just by a change in one word.

      I just believe they could accurately portray the articles a bit better in the title, rather then trying to get people to read them by going a little more sensationalism, however small it is.

    3. Re:Eff hates RIAA, Water still wet. by NewYorkCountryLawyer · · Score: 1

      I agree with you. The headlines sometimes don't match the content.

      --
      Ray Beckerman +5 Insightful
  61. Re:technology is outstripping Justice's understand by kansas1051 · · Score: 1
    Are they not doing the research? I'm fairly certain any due diligence by the judge would be carried out by the clerks on these matters.
    With the exception of the Court of Appeals for the Federal Circuit (which hears patent appeals), most federal clerks are political science or English majors who have no background for understanding technology (other than perhaps being p2p users themselves). The fact is, and has always been, that in any legal dispute, there will be Ph.D experts from MIT or Stanford (depending on the location of the suit) paid by both sides to reach opposite conclusions (X = Y and X != Y). The judge or jury, ignorant of technology and science, are left to pick the most credible expert (but both experts are credible based on their background and education).
  62. Re:technology is outstripping Justice's understand by insanemime · · Score: 1
    As a working musician, it is my opinion that filesharing spreading to a large percentage of the general public is a direct reason that independant record labels and independant cd stores are increasingly becoming invisible and/or dieing.
    Actually this is not happening because of P2P. Look at the booming popularity of legit rights managed services such as iTunes. With the growing popularity of portable digital media players we are only going to see a decrease in actual CD sales (which the RIAA will use to further their case with the public as to the "widespread piracy" going on). Unfortunately that means that small independant artists like yourself will be out in the cold unless you can find an effective way to distribute digitally as well.
  63. Re:I Would Assume... by Anonymous Coward · · Score: 0
    I would assume that since she has dusted around parts of a computer that there is one in her house.

    And that would be a fantastic assumption, if it weren't for the fact that her job description includes dusting in someone else's house.
  64. Re:technology is outstripping Justice's understand by Epeeist · · Score: 1

    > I don't think thats a good analogy.

    Reasoning by analogy is always tricky ;-)

    I think it is a matter of expectation. With a car or a washing machine people expect it to just work for a very large amount of time and they accept occasional breakages due to wear and tear.

    With anything to do with computers the expectation is that very much lower, breakage is the normal state of affairs. So anything that prevents you playing media on your PC will just be accepted.

    The only place I can see people become angry with the likes of the RIAA and MPAA is if there is breakage in something that is in the first class, e.g. a DVD will not work in DVD player. However, I think rather than becoming angry people will accept the argument that it is "out of date" and just buy one that actually implements the restrictions management.

  65. Re:I Would Assume... by pedalman · · Score: 1
    Maybe people should get a little artistic and learn to play an instrument so they could play music with friends and listen as they played and we would never have to buy music again.
    I do like your sentiment. Those of us who have taken the time to learn how to play music realize this.

    Unfortunately, most would see it as hard work and hold it in total disdain; as the effort spent in learning a musical instrument does not result in instant gratification. Those who play music are aware that you find gratification in each step of progress they attain.

    Not a process for the impatient. To those impatient folks, I say: Now go away or I shall taunt you a second time!

    --
    Friends don't let friends line-dance.
  66. This isn't a Reign of Terror. by FusionDragon2099 · · Score: 1

    Come on, where's the guillotines? I want to see some heads chopped off!

  67. EFF Website - A link to do your part by Apparition29 · · Score: 1

    This is missing in the article, if you want more information about EFF check out their website at:
    http://www.eff.org
    Or to sign a petition to stop some of the RIAA madness goto:
    http://www.eff.org/share/petition/

  68. Re:technology is outstripping Justice's understand by OwnedByTwoCats · · Score: 1
    What is relevant is that they're correct: people ARE stealing their music.
    It is just as valid to say that the RIAA and the MPAA stole the people's art when they extended copyrights.
  69. Re:technology is outstripping Justice's understand by Dog-Cow · · Score: 1

    "If you were right then people would have got rid of their crashing, malware prone MS desktops years ago."

    See, for most people, this version of Windows simply does not exist. You really have to step out of the Windows ME world and visit reality some day.

  70. Consumer Power by Anonymous Coward · · Score: 0

    To defeat the RIAA all you have to do is purchase music at sites that don't support DRM or the RIAA such as:

    http://www.audiolunchbox.com/AudioLunchbox
      or
    http://www.dreamfreeze.com/DreamFreeze

  71. Now I'm confused. by LunaticTippy · · Score: 2, Funny
    OK, my house is dusty.

    Does that mean that I dust? Or that I'm anti-dusting? If so, why all the dust?

    --
    Man, you really need that seminar!
  72. Re:technology is outstripping Justice's understand by Trigun · · Score: 1

    I say that we no longer donate to the EFF for lawsuits, we donate to the EFF for stock purchases. Make the EFF a major shareholder, and let them govern accordingly. Law and Lawyers only go so far, but stock goes farther, faster.

  73. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    Minor quibble with your argument, but I'm simply trying to clarify things. If "no income" is the point, then pirating while complaining about laws is accomplishing the same thing. I believe the point of YOUR method is "no demand".

    Not to say your methods are wrong, they're actually dead right. They fall within the established laws AND they say "no, we won't tolerate this treatment." Just nitpicking what signal you're actually sending with them. ;-)

  74. Not the EFF by Anonymous Coward · · Score: 0

    While the EFF has offered assistance in some filesharing cases, the lawyer described here is not an EFF lawyer or affilate.

  75. Re:technology is outstripping Justice's understand by Oxyrubber · · Score: 3, Interesting
    If the judge of such cases (and/or jury depending on how the case works) does not understand the issues, then they should not preside over it.

    Do not write off the intelligence of a judge or the judge's willingness to learn about the impact of a case simply because we do so with legislators and most of the Exectutive. Judges are very capable of reading amicus briefs. It a judge's business to learn about the relevant facets of their case before a ruling is issued. You aren't implying that all judges know about everything except DRM/technology are you? Judges are expected to learn during their cases.

    I am much more worried about legislators with precious little understanding of technology that is affected by the laws they create. A law is expensive and time-consuming to turn-over (the process of which is undesirable for most any individual/special interest).

    The *IAAs' tactics sound eerily similar to what I know about the SCO case... unwilling to reveal key tidbits of evidence. Perhaps they are just trying to stall long enough to drive the defendant into the poorhouse (or use that image as leverage to settle). I hope someone makes a massive countersuit.

    --
    "If God had wanted us to vote, he would have given us candidates." - Jay Leno
  76. Don't blame the clerks by Anonymous Coward · · Score: 0

    They probably weren't even supposed to be here today.

  77. Steam by ate50eggs · · Score: 3, Interesting

    I don't think DRM is going anywhere. Now that every computer is on the internet almost all the time, companies can start demanding that you remotely validate your software every time you run it.

    I hate Steam. I just hate everything about it - clumsy interface, annoying ads, whining message boxes when it can't find the intenet. guess what Steam, I know when I'm connected and when I'm not, but thanks.

    Yet I tolerated it so I could play Halflife 2. I have even purchased half-life add-ons that I might not have purchased otherwise. As odious as it is, it worked on me.

    I also think the argument could be made that people will tolerate technology that annoys them if that technology seems to provide an indispensible convenience. how many blood pressure raising dropped calls have you had this month? going to get rid of your cell phone? yeah, me neither.

    --
    not everything is a science experiment!
    1. Re:Steam by nathanh · · Score: 1
      I hate Steam. I just hate everything about it - clumsy interface, annoying ads, whining message boxes when it can't find the intenet. guess what Steam, I know when I'm connected and when I'm not, but thanks.

      I think Steam is great. I just click on the game I want, it takes my credit card details, the game appears in my list and is ready to play. Updates are downloaded and installed for me automatically. I hate other games where the updates are necessary but you need a doctorate in patchology to work out which patches are relevant to your platform. I've got boxed games I have never played because they didn't work out of the box and I couldn't be bothered to find patches hidden deep in the bowels of the distributor's website. PC gaming got so frustrating at one point that I gave up on it entirely and went exclusively to consoles (no patching, no stupid installations, It Just Worked). Steam brought me back to PC gaming because it made it all simple again.

      And it's not that I couldn't figure it out. I just don't want to. Steam takes all the effort out of it. They've got my vote.

  78. Re:technology is outstripping Justice's understand by kfg · · Score: 1

    the majority of people who are aware of this problem seem to be comprised of either theives or theif sympathizers. . .

    Like. . .the artists.

    If you want to put an end to this. . .

    Become their worst nightmare; produce free content.

    KFG

  79. p2p and theft: different crimes. by krell · · Score: 0

    "He's just using "copyright infringement" because that sounds somehow less menacing and evil than "theft" even though the end result is ultimately the same for both actions."

    No, I'm just using "copyright infringement" because it is wrong to use words that don't apply. I don't care whether or not something is less or more evil in meaning. If you want, you can call copyright infringers "criminals". You will at least be correct, even if you are less precise. However, don't call copyright infringers rapists, arsonists, thieves, murderers, or counterfeiters. Even if all of these are crimes, you are entirely in error to jumble up specific crimes without regard to meaning by saying that one is the same crime as the other.

    Copyright infringement is different from theft, that is all there is too it. It is not a defense of copyright infringement or a "justification" to point out this fact. A good comparison would be if liars keep saying OJ Simpson was an arsonist (just like the liars who call copyright infringment "theft" or "stealing"). I'd be perfectly correct in pointing out that OJ was a murderer, not an arsonist (even if the liars say that pointing out this fact of distinction of crimes was a justification for what OJ did).

    The accusations that fly at those who merely point out the facts of meanings of different words are disingenous and have no logic. It is just like this sort of conversation: Person A says that Stalin killed 100,000 Tibetans. Person B corrects person A, saying that it was Mao who ordered this instead. Person A then accuses Person B of trying to make Stalin look good. Yes, calling someone a thief when they don't steal is bad, even if the supposed thief did something else wrong instead.

    "It's sort of like arguing over whether to call a murder a "murder" or "taking a life". "

    That's a bad example. Both mean pretty much the same crime, while copyright infringement and theft are two different crimes. A better example would be arguing over whether to call a murder a "rape": whether or not to use a word that just does not apply at all to describe a situation. Also, the common logic by the liars who call copyright infringement "theft" by claiming "Well, it is as BAD as theft!" are really mangling words.

    --
    Where were you when the voynix came?
  80. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    Then I don't get it. Why don't we form a tech union and have a public goal for members of the union that we will not work on DRM? Of course, non-members of the union can work on it, but it would raise awareness quickly. Also, if you recruit some of the best into the union, the DRM may not be implemented correctly.

  81. Re:technology is outstripping Justice's understand by lgw · · Score: 1

    The same technology that can be used for realy intrusive DRM can be used for very helpful things as well, much like any powerful tool. The only difference between good security and painful DRM is who has the key.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  82. Re:technology is outstripping Justice's understand by Rageon · · Score: 1

    Absolutely correct. I have both a computer science degree, and a law degree. In my graduating class, there were 1 CS guy (me) and 2 engineers. That's it. I'd say 75% of everyone else was English, Poly Sci, Psych, History, or Criminal Justice. Tech people just don't go into the law, and the kind of people that go into the law tend to not care nearly as much about technology.

  83. Appropriate by Marcos+Eliziario · · Score: 2, Funny

    Well, in Soviet Russia, the dust control the computers. So. they have a precedent.

    --
    Your ad could be here!
  84. Re:technology is outstripping Justice's understand by fotbr · · Score: 1

    It's just like the American government with Saddam. They bully every nation in the Middle East: all your oil is belong to us and hide those nuclear weapons we gave you a few years ago. Then there are some like Iraq and Iran that say: bring it on. They go in, do some havoc in Iraq and then they are just standing there: oops, we don't have a case, no WMD, no terrorist training camps, not enough troops, troops want to go home... shit..: terrorists, terrorists, protect freedom by taking it away.

    If you're going to rant by dragging unrelated political crap into things, it helps to not undercut your own arguments.

    Really, you should have learned that in "Internet Ranting 101" :)

  85. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0
    If the judge of such cases (and/or jury depending on how the case works) does not understand the issues, then they should not preside over it.


    If this rule applied then most judges would be excluded from presiding over most cases. Judges are not required nor expected to know all aspects of the suits they preside over. Apply your rule to nearly any sufficiently complex subject and there could never be a judge deemed competent to sit on the case. Oh, and the arguments over just what amount of knowledge qualified a judge to sit on a case would be legend.
  86. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    I say we no longer donate to the EFF, period. They're EVERY bit as guilty about spreading FUD as the RIAA, or MS.

    Go look at the stupid essay about being charged with a crime for reading a book. PURE FUD.

  87. Re:technology is outstripping Justice's understand by bzipitidoo · · Score: 1

    Yeah, more sharing of your music could really help with that problem of "becoming invisible".

    One trouble with P2P is you have to know something exists before you can search for it. I never had much luck with random searching. Could be there's a heap of good music out there that I don't even know exists. I must admit I am totally incapable of determining whether I'll like some music if I've never heard it or heard of it or the artists and have only an album cover to look at. 'Tis a little pricey to buy before trying, even used. Maybe if public libraries would expand their music collections they'd be worth checking out. Libraries often accept donations. P2P has a lot of advantages, but the old library is worth considering if you've got a few extra CDs to distribute.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  88. Re:technology is outstripping Justice's understand by wardred · · Score: 1

    Boycotts are never easy. They are usually a last resort when something happens that a large enough group of people object to, and they aren't beeing listened to by those who have control. I can garauntee that boycotting the bussing system and walking for miles every day in your business clothes was a heck of a lot more inconvenient than having to listen to your current music library instead of picking up that next great CD with 1 or 2 songs on it you want.

    The problem with boycotting something as large as the music or movie industries is three fold. First is apathy. It's not nearly as important an issue as segregation was. Not being so fundamental an issue, is it worth it trying to convince all your friends not to purchase that new CD, or not to go see that latest and greatest new movie, and if you can't convince them, is it worth staying at home while they all go out and have a good time at the movies without you?

    Second is scope. This is a national problem, not a local one. It's a much more difficult thing to organize a boycott on a national level than it is to organize it within one metropolis.

    Finally there's education. Most people don't realize the extent the "content" industries, entertainment and software both, would like to lock down the purchases we make, and how many times they'd like us to pay for the privledge of watching or listening to a single piece of music, show, or a single piece of software. What makes this even more frustrating to convey is similar to trying to convey environmental issues. "Where's the evidence it'll get that bad? It's certainly not that bad now. And didn't you say the world would end in 50 years if we didn't repent our ways...50 years ago?" If you paint worst case cenarios while it's still really easy to share CDs, and download just about anything you want, and DVDs are playable pretty much anywhere you want to play them, then it's easy to come of sounding like the preacher on the corner yelling "Repent, the end is nigh!" And the arguments about not being able to legally play your DVDs on Linux isn't going to sway the mass public either. They all use PCs or Macs, as a rule.

  89. Re:technology is outstripping Justice's understand by wardred · · Score: 1

    Does that mean I'm against a boycott? No, I'm not. For a while I refused to go to the movies. But if it's just me doing it, by myself, the movie industry won't notice. It's still an admirable thing to do if I object to their practices. I really don't want to fund the next DMCA pumped up on hormones and steroids, and even if my friends don't know the issues, I certainly do. So what does it say about me if I throw my principles out the door and purchase things from companies I know are working to undermine any rights that I have as a person, not just a consumer?

    But my acting alone isn't going to get the RIAA's or the MPAA's notice. If I want a boycott to be successful, I have to put out the effort to get a true movement going, and that's HARD. Even networking with those who are like minded about this would be difficult. Once networked, getting the word out to enough people to make a difference in the RIAA/MPAA's bottom line to get noticed is a truly monumental task.

    Finally, getting most those people to boycott the RIAA and MPAA LEGALLY, without resorting to illegal file sharing for their next hit of entertainment would be a truly herculean task. And I think that, in large part, the protest would have to be legal to be taken seriously by the RIAA/MPAA, and congress. If there was suddenly a spike in file trading while legal purchases dropped down, I think that would simply encourage a bigger witch hunt. (It probably will anyway, but HOPEFULLy at least the congresspeople would listen if enough people stopped purchasing.)

  90. Re:technology is outstripping Justice's understand by shark72 · · Score: 1

    "Sure you can "make sure you let everyone know your position and explain why you're taking that position", but that level of detail doesn't reach the sales figures of the RIAA. Show demand for the music (if there is any demand for it), just not the company's "Reign of Terror". So called piracy boycotts the business model thrusted upon us every time we want to listen to music, but still retains the demand for the music."

    That's one of the more interesting rationales for piracy I've heard. If I understand you, pirating music is helpful to the cause because it indicates demand for the product, without compensating the people who made the product possible. I suppose this will motivate record companies in the same way that a high shrinkage rate will motivate a retail store to lower their prices -- after all, it shows that prospective customers want the product, but they're not willing to pay for the product and are instead using illegal means to get it. 5, Insightful to the first person who points out that shoplifting is not the same as piracy.

    "I know everyone has said it, but give me a good-quality, DRM-free system (read: the system allofmp3.com uses), and I will be generous with my hard-earned cash."

    The Russian sites don't need to worry about DRM because they don't have permission to sell the music in the first place. They are pirates who are exploiting a loophole in Russian law by paying for a broadcast license while allowing people to download the music. Web broadcast licenses are typically on the order of a couple of hundred bucks a month; if you and others download a collective million tracks a month from allofmp3, that's two thousanths of a cent per track for the artists, assuming ROMS manages to distribute the money.

    As you know, there are sites like emusic and Magnatune which also distribute DRM-free music. The prices are higher than the Russian sites because they actually pay the artists. Out of curiosity, have you been generous with your hard-earned cash on these sites as well, or does it largely go to allofmp3?

    --
    Sitting in my day care, the art is decopainted.
  91. Re:Bad day by digitaldc · · Score: 1

    Will that be cash or charge?

    If I can't pay, do you guys have a debter's prison I can attend?

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  92. Re:technology is outstripping Justice's understand by aardvarkjoe · · Score: 1
    Please note also that boycotting music (or movies for that matter) is not easy for everyone. I love my music, and I couldn't imagine my life without it. Right now, the RIAA could boycott me and I'd come crawling back, humble and submissive, within weeks.

    If you don't feel strongly enough about the RIAA's policy to make any sacrifices in order to change them, then it's really not as important as you're making it out to be.

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  93. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    "They're fighting it because they recognize that p2p has the potential to completely decimate their supply channels by allowing every Tom, Dick, and Harry to interrupt their entire business plan with a mouse clicks."

    Nay... For every tom dick and harry, you can garentee atleast 1 of the 3 (id guess more like 2 of 3) simply a) dont know how to find new releases and dont want to waste hours/days looking. b) dont want to wait for a new release when theres 1 seed for 10k leeches. c) dont want to put up with an inferior 'copy' or possibly fake copy. d) dont have the brains to install/use/crack a pirated copy.

    The average tom would rather see a movie in theatres, or buy the game so he can play online, or the cd so he can be 'cool' and add it to his collection of 3000 cds. Tom buys a new computer every couple years so he can keep using the new software he buys. Tom even subscribes to NetFlix. Tom is scared of the MPAA and thinks that downloading movies funds anti-zionist terrorists and the mp3s give them the ammunition to use against American soliders in Iraq.

    As for the average harry, he'd pirate, but his torrent is taking a week to finish and it turns out it wasnt the new johnny depp movie, it was some 80s action movie staring steven sagel or worse, porn staring his mom. So SOMETIMES Harry goes to the movies or rents them. Other than the simple, small, mp3s, harry has problems downloading cause he doesnt know what hes doing asside from using the websites that the RIAA and MPAA flame on tv, or that his 'leet' friend suggested he used just to get rid of him. But harry is the kind of person that if he didnt know how to download MP3s he'd just record them off his radio onto cassette, cause any monkey can do that. Harry is probably the same person that goes to his mothers house and raids teh fridge/cupboards so he doesnt have to go shopping...

    And lastly, Dick. Dicks the dick that doesnt pay for anything. Dick steals every movie/game/song he can stuff into his harddrive. Dick belives that a movie that you get to see once in an overcrowded, smelly, expensive theatre is the real theif. Dick belives he shouldnt pay 50$ for W.O.W just to find out his vid card doesnt have pixel shading, or that he needed a cc to start playing. Dick belives that he should get to try before he buys. Would dick buy a car without tring it out? Hell no! But if dick likes something enough, like the L.O.T.R trilogy, Dick just might shell out the cash for it. But when dick is done with his 'pirated' whatever, he usually decides that its just not worth paying for. And usually hes right (i still want my money back from MI:3).

    So yea, every tom dick and harry dont pirate. Small percentage of people actually pirate enough to do damge against the big wigs. For every one Dick, theres 10,000 white bread/red neck/paris hilton/gunit wannabe toms out there that will drop green on everything thats 'in' and prolly a good 1-5k 'im always the newb' Harrys out there that dont spend as much.

  94. Re:technology is outstripping Justice's understand by Secrity · · Score: 2, Insightful

    I fervently hope that Trusted Computing dies a horrible death. As far as "years of work being wasted", the work shouldn't have been done in the first place. I don't care if my computer or any software that I have legally obtained trusts me. Remote attestation and sealed storage are especially treacherous features of Trusted Computing. I should be the one controlling my computer, not the computer manufacturers, software publishers, and content providers who wish to control my computer using the friendly little name "Trusting Computing".

  95. Re:technology is outstripping Justice's understand by lgw · · Score: 1

    You feel this way because you're sure it will be used against you, via some sort of DRM nonsense. Who would ever buy a PC made like that?

    If you have the master keys, however, Trusted Computing is a good thing. Not a big advantage for the home user, though I'm sure someone will cook up a good security product around it, but for the corporate IT guy it will allow far more powerful security policies, and perhaps a final solution to the BritneySpearsNaked.jpg.scr problem.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  96. It's not piracy they're worried about by sheph · · Score: 1

    I think that the *AA is far more concerned about independent artists having an equal shot. Sure P2P is a thorn in their side, but at the end of the day even pirated music gets played for family and friends and ultimately supports the band. I don't know how many times someone has given me a "pirated" CD that I liked so much that I went out and bought it. Granted there are a lot of people who just leach, and don't give back, but those are typically people who would have never bought the CD in the first place. If independent artists that are not affiliated to the RIAA are just as likely to succeed as the artists that pay for the *AA protection the *AA will die. It's inevitable. DRM is a sneaky way to act like they are trying to join the digital age, but they have to know it's going to ultimately fail. They would very much like to keep their current business model, but consider this: What does it cost to run a web site, compared to press, distribute, warehouse, ship CDs? No wonder they're scared. I give 'em a couple more years, and their time is up.

    --
    I don't believe in karma, I just call it like I see it.
  97. Two magical words: by BatMacumba · · Score: 1

    National Security.

  98. Re:technology is outstripping Justice's understand by TechForensics · · Score: 1
    The Clerks and the Judges, in a proper case where the Defendant has lots of money (or access to legal talent), can be educated by the defense attorney in the brief or memorandum he would file. Of course in an ideal world all judges and clerks would be conversant with modern technology.

    Speaking of access to legal talent, isn't it interesting out of twenty thousand or more lawsuits not a single attorney has been sued?

    --
    Those are my principles, and if you don't like them... well, I have others.
  99. Raise People's Awareness by twmcneil · · Score: 1

    I use a bumper sticker. It's not much but it's a start.
    Get The Sticker

    --
    "The ferrets, they're every where I tell you!"
  100. Re:technology is outstripping Justice's understand by j79zlr · · Score: 1

    They both have tubes, right? So whats the problem?

    --
    I'm not not licking toads.
  101. Re:technology is outstripping Justice's understand by BalanceOfJudgement · · Score: 1

    How's that saying go?

    Fight fire with fire?

    I've never seen a battle where someone who fought fairly won over someone who cheated every whichway from Sunday.

    It sucks but that's the world we live in.

    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  102. The war is on... by LOADLETTER · · Score: 0

    "You won't break me You won't take me I'll fight you under blood red skies You'll never take me alive I'm telling you Hands of justice I will stand, I will fight As the sun goes down I won't give in to fear"

  103. I'm not an EFF spokesman by NewYorkCountryLawyer · · Score: 2, Informative

    Just want to clarify something. The post suggests I was speaking for the EFF. I love the EFF, I'm a member, I got into defending RIAA defendants through the EFF, I applaud their efforts in everything I've seen them do... but I'm not an employee or leader of the organization and I am certainly not an authorized spokesman for it. I'm just an ordinary "country" lawyer (in Manhattan) trying to fight for my clients.

    --
    Ray Beckerman +5 Insightful
  104. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    ... it will be as dead as Divx ...

    Isn't is kind of funny that divix is heavily used to pirate movies after it was orginally meant as DRM?

  105. Might be just the beginning. by tubapro12 · · Score: 1

    Its time we stop the advance of the RIAA. If we don't other companies /industries will be trying to follow suit. Here's an unlikely and extreme but maybe not impossible circumstance: The company that makes your OS claims that any image displayed on the monitor the was directly or indirectly created by the OS is copyright by them. Think of the implications.

  106. Re:technology is outstripping Justice's understand by trewornan · · Score: 1

    And that's the least of what they steal; they feel perfectly free to use our public domain cultural resources - like Disney's use of fairy tales. Then they turn round and claim that it's unfair for their stuff to eventually become public domain in turn. Greedy little turds, they make me sick.

  107. Re:technology is outstripping Justice's understand by Secrity · · Score: 1

    The content providers haven't done anything that makes me believe that they won't do all they can to exploit the DRM enabling features of Trusted Computing. Two good examples is the mentality behind software and content providers are the Sony/BMG rootkit DRM and Microsoft Genuine Advantage. I suspect that lots of induhviduals would be clueless enough to buy a computer like that. People who had the Sony/BMG rootkit installed on their computer held the master keys to their computer -- and the DRM installation program exploited that fact. I feel that Trusted Computing will be a very bad thing for the average computer user and that content providers will endeavor to fully exploit the DRM possibilities of Trusted Computing.

  108. World to RIAA by Anonymous Coward · · Score: 0

    FUCK OFF!!!!

  109. Re:technology is outstripping Justice's understand by lgw · · Score: 1

    Oh, people would buy the computers for a while - people bought Divx players after all. But DRM that actually inconveniences the average user in any significat way can't last. Non-geeks have a very low frustration threshhold for a computer not doing what they expect it to, after all. Public reaction to Sony's rootkit wasn't exactly positive, either.

    I could certainly see Microsoft putting a TPM chip in some future X-Box to prevent people from chipping it, for example, as thaty wouldn't interfere with normal use, but trying to keep the keys to a general purpose computer?

    Remember, as long as you have the master key, nothing that a content provider wants to do will matter, at least to a sophisticated user, and Trusted Computing can actually *stop* Sony from secretly installing rootkits (if someone cooks up the obvious security solution).

    Of course, who knows - we'll see what these guys try, and Sony and Microsoft are exactly trustworthy, but the storage vendors won't cooperate unless they think consumers will want their DRM drive, and Dell sure as hell won't risk a penny of profit to make content providers happy, that track record is pretty solid.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  110. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    Are you freakin' serious? It's in these peoples blood to poach another industry. I know business marketing grads who try to run technology groups (happens all the time). Does their utter lack of knowledge stop them? HELL NO! Do they fuck up most of the time? Well yeah! Judges are no different. Rough around the edges information with the details papered over is the world they live in. There is precision in law in various places. Not when it deals with technology. In tech. the devil is in the details, and that is what they run roughshod over. You can expect them to get it 99% wrong, 99% of the time. Like our marketer, they don't really care and move from screwup to screwup with reckless abandon. Hell I've even seen elected public officials yapping ignorantly about getting their internets through tubes (you know, like toothpaste). Gross ignorance at best, willful stupidity on average, obtuce idiocy at worst. In a world where vague, rough, and 'skimming the details' fails 100% of the time, they still try.

  111. That's underkill. Send in S.C.A.T. by Anonymous Coward · · Score: 0

    None would want to pirate, after watching Nighttrap(tm). *shivers*

  112. Re:technology is outstripping Justice's understand by ClamIAm · · Score: 1

    Um, is Occam's Razor a good enough "source" for you? Seriously though, when I look at all the theories of why the MPAA and RIAA are doing this, they all boil down to one thing: control.

    Copyright law is already on the side of those who hold copyrights. That is why it exists. However, having a law does not stop behavior that breaks said law. This is obvious.

    Now when we look at the actions of these cartels, what are all their actions designed to do? The answer is simple: stopping behavior that infringes on their copyrights (as well as many behaviors that do not). In other words, they are attempting to control what people do with media, beyond a reasonable definition of copyright.

  113. Steam isn't DRM, it's Validation by Ahnteis · · Score: 1

    The difference, at least in my mind is that although Steam is good for the publisher, it's ALSO good for ME. Because of the online validation, I never have to put in a CD. Don't have to hunt for one. Don't have to worry about one. I can install all my Steam games at home, at work, at the library -- anywhere I trust my login information. Don't have to worry about dragging a CD around with me everywhere in order to play.

    I also don't have to worry about whether the small stores here will have Steam games in stock. (They never do until weeks after release.)

    I don't have to worry about backing up my CD/DVD because there isn't one.

    In short, I'm willing to make a compromise. You give me something, I give you something. DRM on the other hand takes from me and gives to the publisher. I get nothing in return--and in many cases (online movies fex) I actually end up paying MORE for the restrictions.

  114. Re:technology is outstripping Justice's understand by Anonymous Coward · · Score: 0

    I think was he saying is first they make up evidence which then turned out to be false.

  115. Re:technology is outstripping Justice's understand by TheVelvetFlamebait · · Score: 1
    As you know, there are sites like emusic and Magnatune which also distribute DRM-free music. The prices are higher than the Russian sites because they actually pay the artists. Out of curiosity, have you been generous with your hard-earned cash on these sites as well, or does it largely go to allofmp3?

    I'll have a look at these sites. But honestly, I can't imagine that they pay the artist without paying the RIAA. Why would they? They'd be already illegal, so why pay the artists a fair amount? Either it pays the copyright holder, or it's no better than allofmp3.com (with higher prices to boot). It sounds like waste of time, but I'll probably check it out.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  116. Re:technology is outstripping Justice's understand by TheVelvetFlamebait · · Score: 1
    If you don't feel strongly enough about the RIAA's policy to make any sacrifices in order to change them, then it's really not as important as you're making it out to be.

    Here, let me clarify. These are my priorities:

    1. Music
    2. No RIAA "Reign of Terror"
    3. Pay artists

    It's not everyone's order, but it's not hard to understand. I stand by my statement you so conveniently quoted.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  117. Re:technology is outstripping Justice's understand by shark72 · · Score: 1

    Magnatune is their own label and the DRM-free route is a pillar of their business. My understanding about emusic (somebody please correct me if I'm wrong) is that the selection is a mix of stuff from bands without a label, and from labels who are willing to give the DRM-free model a try.

    I heartily encourage you to give both services a try. If Magnatune and emusic succeed, we can show the major labels that there's a legitimate demand for DRM-free music. If only allofmp3 succeeds, then we show the major labels that we're a bunch of cheap pirates.

    --
    Sitting in my day care, the art is decopainted.
  118. RIAA's tactics are in fact terrorism by Atario · · Score: 1
    So it's hyperbole, but it's not about calling things terrorism.
    It would actually have been much more accurate to directly and explicity have called the RIAA's actions terrorism. What is terrorism? A tactic whereby you attempt to cause enough fear (terror) in your opponent that he does what you want.

    The RIAA's sue-en-masse tactics are obviously intended to frighten -- terrorize -- P2Pers into falling into line; therefore I don't believe you could call it anything but terrorism.

    Seems pretty clear to me. Did my reasoning go wrong somewhere?
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  119. Re:technology is outstripping Justice's understand by TheVelvetFlamebait · · Score: 1

    That's interesting. You've really caught my interest now. I've been looking for online independent labels like these recently.

    Thanks.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  120. Re:technology is outstripping Justice's understand by StikyPad · · Score: 1

    Gee, I hope my " Today's music sucks teh Sh!t " bumper sticker get's the word out.

    Are you implying that the word out belongs to get, or that get is the word out?

  121. Re:technology is outstripping Justice's understand by SomeoneGotMyNick · · Score: 1
    Are you implying that the word out belongs to get, or that get is the word out?


    I agree I made a grammatical error. But who knows anymore with today's slang.
  122. Case in point by krell · · Score: 1

    Thanks for providing an excellent example of the non-sequitur attack where one person points out the fact that two different things are two different things, and the next person says "oh! You are trying to justify one of them!"

    --
    Where were you when the voynix came?
  123. A "reign of terror" is not "terrorism" by NewYorkCountryLawyer · · Score: 1

    I did not use the term "terrorism"; I used the term "reign of terror", which I think has a different meaning.

    The people I have spoken to are heartsick at being subjected to federal court lawsuits. They have no good choices. They either have to (a) pay $3750 or $4250 as extortion money for something they didn't do, or to defend a vague, shadowy, ambiguous case that is not based on any evidence; or (b) they have to spend tens of thousands of dollars to defend themselves; or (c) they have to have a default judgment against them. Most of them don't have the money for either (a) or (b), but those who do have the money don't find either to be a very comforting alternative.

    Once they start defending themselves, and it becomes clear they didn't do anything, the RIAA doesn't drop the case... then the RIAA starts looking for depositions of their children, their neighbors' children, their relatives, anyone the RIAA can thinks they can rope into the case, and then tries to sue those people, too, children included. And it will spend what appears to be an endless stream of dollars in order to do it. In fact their strategy seems to be to do everything in the most expensive possible way, to make it impossible for defendants to defend themselves.

    If it turns out a 13-year old kid did it, then the RIAA goes after the 13-year old kid.

    The people I talk to are full of anxiety, and are in a dilemma they can't solve. One lady called me asking if this means her daughter will go to jail. Another wanted to know how to stop the RIAA from suing her disabled daughter.

    Lately, the RIAA has taken to sending out press releases, for each crummy $6000 to $9000 case, to the local newspapers where the defendants live, just to publicly embarrass them.

    They are clearly in a state of "terror".

    Believe me, "radtea", even though you are more knowledgeable and sophisticated than most of the people who are being sued, you too would be full of anxiety were you in their position; you would find it to be a nightmare, unless of course you opted to pay the settlement money even though you hadn't committed any copyright infringement.

    If the judges go along with this faked campaign, and don't put an end to it, it is a "reign" of terror.

    I am hopeful they will shut it down, and it will have been a short lived "reign".

    But the harm already done to the people who have been sued is incalculable. I hope you never have to go through what they are going through.

    --
    Ray Beckerman +5 Insightful