RIAA Ends Harassment of Grieving Family

denebian devil writes "According to Cory Doctorow at Boingboing, the RIAA has dropped its case against the family of a dead man. 'Today, an RIAA spokesperson, Jonathan Lamy, contacted me today with this statement: Our hearts go out to the Scantleberry family for their loss. We had decided to temporarily suspend the productive settlement discussions we were having with the family. Mr. Scantleberry had admitted that the infringer was his stepson, and we were in the process settling with him shortly before his passing. Out of an abundance of sensitivity, we have elected to drop this particular case.'"

Comments

Just a question, and some thoughts

[daveschroeder]

Forget for a moment the RIAA, US copyright law, corporate media owners, and the like:

In any circumstance or scenario, is it ever acceptable for an owner of a work, or their duly specified agent, to protect that ownership, even when the work may be freely copied in an unlimited fashion, and to use the legal frameworks provided by the society in which it exists, to enforce or demand recompense for such ownership?

I suspect some people would honestly answer "No" to the above question. Fine; that represents a fundamentally different philosophical outlook on reward for one's work, if desired, and so on. I trust, therefore, that your disdain for such a system also means you're not a part of activity that would leave you on the receiving end of a legal suit from the RIAA.

As for this particular case: so the RIAA has long-established themselves as a bunch of shameless pricks. So what? Just because someone dies doesn't automatically invalidate a potentially valid legal claim. Sure tugs at the heartstrings, though, doesn't it?

Further, to those who would argue that all of the RIAA, industry, and/or legal activity on this front represent nothing more than a "failed business model", might I suggest something? If this has so utterly failed, why not develop the new model that replaces it? Hint: this won't be with the same commercial artists, so stop downloading and/or "sharing" their music instead of buying it. Don't consume that product, at all. Be a part of the solution to create and encourage the new artists, the new distribution channels, the new promotional channels, and the new studios and "labels" (yes, anything that gets sufficiently large and successful will have multiple layers of hierarchy, organization, and even bureaucracy), all of which will be required to support this new model to varying degrees.

But if you so heartily disagree with the current model, don't steal[1] (or otherwise consume) their goods, or enable others to do so.

Simple, isn't it?

[1] Oops, I meant "infringe on the copyright of". Still, the point stands. Isn't it fairly straightforward? Either legitimately buy it, or don't, and be ready for the consequences[2]. If you disagree with the "business model" or the legal issues surrounding it, don't be a part of it. And that includes not obtaining the content in question. Then all of a sudden, magically, the legal issues and artificial (or self-inflicted) fears of injury from a draconian legal system go away. Funny how that works!

[2] No one's arguing that the RIAA's model of figuring losses is valid, but it's equally (and massively) disingenuous, not to mention utterly ridiculous, to claim that nothing has been lost at all.

Re:Just a question, and some thoughts

[Tweekster]

Everytime their sales go down because of people saying "FUCK THE RIAA, I dont want any part of them" they claim it is piracy and get more laws in their favor.

Re:Just a question, and some thoughts

[Bryansix]

The lawsuit was frivolous. The person who died was not even the offender. It was the stepson but the RIAA did not spend the time to figure that out. Instead they just filed suit and held out an outstretched arm asking for money. This is extortion and a misuse of our already packed courts. Your entire argument is a straw man because it assumes that the person on trial is guilty. Even the RIAA admits that this person was not in fact guilty and did not in fact "steal" anything.

Re:Just a question, and some thoughts

[RsG]

I think his point was that telling people to boycott them doesn't work if they in turn shift any blame for loss of sales to piracy. How do you send them a message that the crap they're pulling won't be tolerated by consumers when they in turn are going to spin that message as justification for the very behaviour you boycotted them for?

Re:Just a question, and some thoughts

[kosh55]

If you want to send the RIAA a message then don't buy the music. Stealing it accomplishes nothing.
Besides, I don't buy the whole "we're doing it to send a message" bullsh*t anyway. You don't want to pay for
the music and this is an easy excuse.

You know, if everybody was truly as intent at getting a point accross as downloaders say they are then there would be a higher turnout for more important issues such as who is running the country.

Re:Just a question, and some thoughts

[Thangodin]

Unreasonably high prices and artificial scarcities create black markets. Draconian measures to thwart those black markets create criminal organizations who profit on those markets, by a process of natural selection which eliminates all but the most ruthless. International criminal organizations haven't found the business model to turn all this to their advantage yet, but give them time--they're working on it. When they figure it out, the RIAA won't be facing a bereaved family, but a wily group of thugs who do this professionally, with plenty of cash on hand for their own lawyers--if the RIAA can get to them at all. This, of course, assumes that the artists don't find an alternative first and cut the RIAA and the people they represent out of the loop. It's a race between the artists and the gangsters, but either way the RIAA will lose.

I would like to offer an alternative of what they should be doing--put the following notice in each of their CD's and DVD's:

This disk has no copy protection whatsoever. You can transfer, copy, rip, and burn it to your heart's content. You can even hand out these copies to other people, with one proviso: insist that if they like it, they should go out and buy their own copy.

Every dollar you spend is a vote. Paying for this is a way of telling the artists you like it and want more. If you like this music, paying for it means that you will get more; more from this artist, and more from similar artists--and maybe even music from artists you will want to hear who are quite different, but otherwise wouldn't have enough support to get started. You may think that recording artists make a lot of money and don't need your support. In fact, there are a lot of expenses that they incur just to make and promote this album, and it takes a lot of sales just to break even. And hey, if they do get filthy rich, it may take a lot of money to persuade them to get back into the studio. Either way, you get more of what you want.

If you don't pay for this, and a lot of people who like it copy it for free, the artists will have to get a day job. They will stop making albums, and probably won't play anywhere more than a day's journey from home. Sucks to be you. The music that you like won't be made anymore. And every time you turn on the radio, you will hear music made by people whose fans are just too damned stupid to know how to copy it.

So, do what you want. But if everything on the radio and at the music store is infantile crap, don't blame us. We warned you.

That's what they should be doing. Of course, they're not. Wall Street has a saying: "A bear can make money, a bull can make money. A pig always gets slaughtered." The RIAA is a pig. They're going to get slaughtered.

Re:Just a question, and some thoughts

[daveschroeder]

So what? Well, it inclines me to disrespect their outlandish claims to certain intellectual/cultural "properties", for starters. And note that this malice against the RIAA is quite likely felt by a majority of the demographic concerned, not just a fringe few. Because they are indeed shameless pricks, as you said.

Just because someone is a prick doesn't make them incorrect.

I'll agree that it's not the best way to Win Friends and Influence People, however.

So I'm guessing you agree with those illegal wiretaps and so on. After all, if you aren't doing anything illegal, the "draconian" system (getting more draconian as time goes on, it seems) will just "go away" and never effect you! And I guess you believe DRM will never come and bite the legit consumer in the ass, right?

This is actually a very interesting argument.

However, I'm not making the "if you haven't done anything illegal, then you have nothing to fear" argument. Rather, I'm saying "if you run afoul of the law, don't be surprised if that comes back to bite you".

I'm sure we can both agree that there should be some level of laws and order in a civilized society. This isn't about Big Brother, fascism, or a totalitarian regime. It's about content owners of property that is intangible in a certain sense being able to ensure that it's paid for. I'm not making any value judgments on how much money should be involved, and so on. The problem is that members of a society based marginally on rule of law and on the intrinsic value of the work and property of others making their own decisions about what they will and won't pay for, and deciding to take what they don't feel is worth the price, and this on what are essentially luxury items at that (no, I don't believe commercial music and movies are a necessity to human survival, and I realize all of the artistic and cultural arguments that may be intertwined there).

To say that I'm making an "if you're not doing anything illegal..." argument unfairly distills this argument down to a situation where we should apparently have no laws. I can understand thinking a "law" is unfair, and I can even understand people who think (erroneously, in my opinion) that taking copyrighting materials without paying for them is an act of civil disobedience. What I don't understand is why people feel they have this sense of entitlement to copyrighted commercial content, just because it can be easily copied. Like it or not, there is a LOT of money that goes into making a lot of this content. And if it's crap (like Britney Spears or the next worthless "blockbuster"), then don't be a part of it. My only point is how often people seem to talk out of both sides of their mouth, decrying the latest pop princess while simultaneously downloading (and not buying) some other artist on a subsidiary of that same label. If you don't support that business model, or think it's "dying", I simply can't understand why people would want to consume its content. Even if they like the content, why don't they come to the realization that it was that very system that produced the content they enjoy, and they'd better work to improve themselves in whatever stage of life they're at so they can afford to purchase and support the nice things they want.

As to DRM, I think it's in some forms a necessary evil. I DO NOT like DRM. It is a tool for control, and too often, some want to use it to roll back consumer rights that have been long since won (such as the Broadcast Flag, in the context of time shifting television). As long as it is unobtrusive as physically possible and doesn't roll back rights that we already have, I don't think it's a problem, because it does prevent casual, en masse, copyright infringement. Yes, yes, anyone and their brother can download any number of programs that strip all sorts of DRM, but the simple truth is that this escapes the capabilities of most people, and such tools will ALWAYS be relegated to the fringe because their use will be illegal in some jurisdictions. That pr

Re:Just a question, and some thoughts

[geekoid]

"1) The price of music does in no way give you a right or justification to pirate it."

Yes, in fact it does give me justification.
What it doen't give me is an excuse from being prosecuted in a court of law.
Just like any form of civil disobediance. Like not getting up from a bus seat even though the law says you should*.

My point was, the industry would have less pirates if they priced at the market demand point, and that the market is changing.

"2) A "sane copyright law" is subjective, and is currently not "actual copyright law". It doesn't matter."

I was just wondering how much of the reported 'pirated' is older then a certian period.
It would be interesting to see a breakdown of the amounts by release date of the products.

None of this matters, because the market force regarding copyright is building. People in grade school today will expect music to be distributed digitally and cheaply.
The music corporation is nothing more then a middleman who isn't needed anymore.

*I am only using it to illestrate the point, I am not putting them on the same pedistal.

Re:Just a question, and some thoughts

[soft_guy]

As a society, do we really want to pass a bunch of unenforceable laws?

Do we really want to cripple the consumer electronics industry that is huge and employs lots of people to specifically benefit the entertainment industry that is tiny and employs only a very small number of people at (mostly) very low wage jobs?

The entertainment industry is telling us that we have to choose between the two. If this is really true, I would choose to protect fair use rights and the consumer electronics/computer/software industries. If no more hollywood movies or bubblegum rock records get made, then I guess that really isn't that big of a deal in the grand scheme of things. The sun will rise whether we're being force fed hollywood crap or not.

Re:Just a question, and some thoughts

[Qzukk]

it still shouldn't be a problem, then, right?

Wow, it's the "if you have nothing to hide" argument all over again!

I can think of several ways it can become a problem, starting with RIAA whining (read: paying for congresscritters' re-election) to Congress.

Then, Congress can pass laws requiring applications to not play back files that lack DRM at all. But that won't be a problem, right? You didn't really need those God Ate my Homework or Minibosses mp3s you downloaded from their websites, or the Creedence Clearwater Revival mp3 collection you bought legally from emusic.com, or the Jim's Big Ego music you bought from slabster.

Or maybe, Congress can pass a law requiring that all audio files capable of transmission over the internet require that they be cleared and signed by an appropriate institution in order to prove that they aren't actually recordings of the Beatles or Metallica. Of course, someone will have to be in charge of this, and naturally the RIAA already has plenty of experience in handling money for artists, their Soundexchange company is perfect for the job. About $5 per minute for a lackey to listen to your podcast to make sure you aren't infringing any copyrights sound about right?

Should I keep going? Or is it clear now that if the RIAA runs to Congress (or hell, runs for Congress, after all, Sonny Bono did a good enough job) that even if you're not warezing or buying RIAA products, it can be a problem.

Misleading title

[Anonymous Coward]

The key word in the statement: "temporarily".

Read: They're still going to bully the family into paying grossly in excess of any true damages caused, they're just going to wait until they don't get any bad publicity for doing so.

Gentlemen, start your copiers...

[Just Some Guy]

I no longer believe that the RIAA and its constituent scum have any standing for consideration of rights. None. Zero. Want to download a song? Go for it. Upload an album? No sweat. Steal a shipment of CDs and sell them on eBay? Knock yourself out.

These subhuman filth have no right to own anything, least of all a fictitious monopoly on a set of manufactured waveforms. Since they're willing to destroy lives to protect their greed, I think they forfeit the moral expectation to profit from their wares.

Seriously, enough is enough. An "abundance of sensitivity"? Bah! That one sentence lost me forever. I mean this truly: I will never again buy anything when I think that a member of the RIAA may benefit in any way. Screw you guys, I'm going home.