Lawyer Asks RIAA To Investigate Bush Twins
tanman writes "After reading an article in the Miami Herald that said "[President] Bush's twin daughters gave him a CD they had made for him to listen to while exercising," a Florida lawyer calculated statutory damages of $1.8 million and has sent a letter to the RIAA asking that they 'display the same vigor in prosecuting this matter and protecting the rights of your rights-holders that it has displayed in enforcing those rights against other alleged violators.' From the letter: 'This is a serious violation of copyright. As you know, whichever of your member organizations that are right[s]-holders for the copied musical works may be entitled to statutory damages of $150,000.00 per musical work copied.'" Update: 06/22 18:55 GMT by KD : The lawyer in question has retracted his analysis and now says no laws were broken, probably.
'nuff said.
It's about time the RIAA took a stand against these music thieves. A colleague at my work who is known for having copied music went on a shooting spree. If the RIAA had dealt with him, I would not have had to step over bodybags on my way to lunch.
-- Using the preview button since 2005
Nothing to see here AND two of the three links are dead... Fastest I've ever seen the US government react.
Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
After that, let's go for what's-his-sellout-bitch-ass from Metallica who admitted in an interview in the 90s making a mix take for a friend in the 80s. After the whole "napster bad" incident I lost what little respect I had for them after the black album, and would love to see them burn for their overall hypocrisy.
FIRE BAD!
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
[Searching for tinfoil, a wire hanger and some crazy glue (or duct tape)]
It's a simple matter of complex programming.
now the politians can start to see this "Richards" for what they are
It would be funny if the House of Bush got taken down by a CD-R and a copyright violation. After all, Al Capone got nabbed on tax fraud.
What doesn't kill you only delays the inevitable
While it would be amusing to see the Bushie twins dragged through a legal battle and would be a real "Nobody's safe" kinda PR for RIAA Member Companies, I doubt they would take the idea seriously unless those two got the tracks off Kazaa or some such shady means.
1.8 million dollars in damages for a 18 dollar CD? Methinks the lawyers calculators have too many places on the left side of the decimal place.
Have you ever considered piracy? You'd make a wonderful Dread Pirate Roberts.
The two blog posts are missing in action, and the first linked story just mentions 'a cd was made for him to exercise to' making no claim that the songs were even copyrighted, or that if they were there was no permission to copy them. Also, when twins do something, who takes the blame for it? Do they have to split the $1.8M fine? So many unanswered questions...
I would totally hit that.
its not about hating bush,its that he posseses the illegal music.nuf said.
Um... get real. The person is obviously more pissed at the RIAA than anyone, and just trying to point out that there is a privileged class in this country that the RIAA doesn't go after.
This space available.
This is like a while back President Bush said he had the Beatles on his iPod, when there was no legal way to get them on there. Sure, It's funny, but thats this isn't gonna change anyone's minds and there is no way the RIAA is gonna after him. Policians and celebrities don't have to play by the same rules as you and I, whats new?
The blog postings seem to be missing, and I can't figure out how he reached a number as low as $1.8 million. If we assume an average of 5 minutes per song, and an 80 minute CDR, that comes to 16 tracks, which at $150,000/track comes to $2.4 million.
SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
Dumbass. It's got nothing to do with hating President Bush, and everything to do with showing everyone how stupid the RIAA is and how awful they've been to their own customers.
The Bush part is just a bonus.
- It's not the Macs I hate. It's Digg users. -
It's not about hated their dad. It is about whether the RIAA is selectively enforcing their copyrights; and the Bush twins are high profile collateral damage. I don't know about copyrights, but if you know someone is infringing on your trademark and you do nothing about it, you lose that trademark. The lawyer is letting them know about an infringement of copyright.
...isn't this what we do ALL THE TIME? Downloading Music?
Or do we just want to see the RIAA back down because they don't want to pick a fight with people who have better legal resources...
Oh my. This is hillarious. Get them off to dubai with the haliburton execs to avoid prosecution.
Contrary to popular belief, Unix is user friendly. It just happens to be particular about who it makes friends with.
It has nothing to do with their Dad - it has to do with their visibility, due to their dad's station in life. If this were 10 years ago, he'd make the case against Chelsea Clinton.
It's about:
- media attention
- pointing out the absurd damages the RIAA claims
- pointing out that they don't go after those who are likely to be able to defend themselves
This guy's on our side.I'm curious - if the RIAA decides not to prosecute, does this somehow weaken their future cases or set them up for government sanction? (I know, copyrights aren't trademarks).
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
So you're saying that 2 girls who share music and are reported to the RIAA should not be because of their dad?
They've been caught and reported, why shouldn't they be victimized like the rest of us?
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
This is so awesome! You know politicians typically bend the laws in their favor - Bush is certainly no exception to THAT.
I hope the RIAA attacks him and I hope that this forces Bush to fight the RIAA.
That wouldn't be enough for forgive him for everything he's done, but it could be a start.
Also, I'm getting a "page not found" from the Blogger links. Perhaps he was silenced?
Copyright and trademark are entirely different things. IANAL but I'm quite certain that at least in the USA you cannot lose copyright by not prosecuting cases of infringement. Trademark on the other hand, can be lost if it isn't "protected".
who in the hell do you pull for in this one?
I didn't RTFA, but what if it wasn't a regular CD? What if it was an MP3 CD? Imagine what the "Damages" would be then! If they could cram 1500 songs on a CD, it would be $225,000,000.00 in damages! Seems fair to me....
Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
...when he should have been editing a trollish article.
I want 45 million for pain & suffering & misspelling & dupes.
If there ever was a slashdot story/thread that would make the RIAA look like the, "good guys," ... yup, them going after President Bush,... that would do it! :-)
Wow !
The http://www.secretservice.gov/ is really quick to protect the President.
I'm sure the RIAA doesn't have any major problems with Mix-tapes, and have usually tolerated peopel giving these away. It's indiscriminate sharing of large numbers of files on P2P networks they sue over and the Bush Twins haven't been doing that.
The lawyer in question was found to be 'unreachable', although he did leave a forwarding address....in Cuba.
Every single fucking discussion, this question comes up and it's been pointed over and over again that copyright does not work this way. Please try to read this site once in a while and you might learn a thing or two.
Copyrights don't work the same as trademarks in that they do not require an active defense to continue operating. But from a moral/political point of view, it is wrong/unwise for the **IA to be selective in their pursuits of 'violators' of their clients' copyrighted works, and doubly so in the public eye (as public officials are "role models", and also a generally privileged class).
All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
Where in the Herald article does it say they used RIAA-owned music in this CD?
Is it impossible that one or both of them knows a local musician who thought "Oh, cool! The president will hear my music!" and authorized the copy?
Sounds like this guy is trying a wee bit too hard for publicity.
...and they'll send out the supoena via flying pig...
it was on fark.com earlier... and probably digg, boingboing, etc.
Don't blame me, I voted for Kodos
http://thescrivener.blogspot.com/2007/06/copyright -is-dead.html
The attention-whore Florida attorney seems to have made the assumption that the songs were from RIAA labels, and of course here on Slashdot we love to point out that not every song on the face of the earth is under RIAA jurisdiction. The CD may be composed of recordings of the beloved "local bands" I alway hear about. I would verify this if the damn links in the article worked.
So these are the daughter's of the president and their gift to him is a home made mix CD? Looks like someone forgot about Father's Day and had to think fast! In any event, while most the links are dead, how do we even know what was on the CD? Who said the music on it was actually copyrighted?
I'm curious - if the RIAA decides not to prosecute, does this somehow weaken their future cases or set them up for government sanction? (I know, copyrights aren't trademarks).
Maybe not under the law, but certainly in the public eye. The continued behavior of the **IAs requires legislative support for their preferred notion of how copyrights ought to work; if people get actively pissed off enough (and seeing el presidente and spawn get away with something that they can't is sure to do just that) the legislative support (and the favorable laws that accompany it) may evaporate. Of course, targeting politicans' daughters may make it evaporate as well. Oh well, guess they are screwed. If, you know, the media reported on media matters so that anyone would ever know about what is going on. Which will roughly be never. Hmm. I guess they aren't screwed after all.
All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
Ha Ha!
Name one case the RIAA has prosecuted involving 1 burned CD given to only one person. There is a difference between burning a CD, and sharing a song on a p2p network.
Um, mostly because there is 0 evidence against them? A completely random lawyer reported that they committed a crime, so you automatically assume that they're guilty, just because you don't like their dad? How would that lawyer know whether the CD ever actually existed? Or whether the music on it was copyrighted? Or whether they had permission to distribute that copyrighted material?
This has nothing to do with being treated "like the rest of us", because the RIAA has never prosecuted someone for this before. They prosecute people who they can prove illegally distributed music-- not people "reported" by random sources with 0 credibility.
http://thescrivener.blogspot.com/2007/06/copyright -is-dead.html
Presidential Pardon
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
http://www.campchaos.com/blog-archives/old_cartoon s/napster_bad/
Can't Gonzales just fire this guy for "performance reasons"?
Correct Link:
t -is-dead.html
http://thescrivener.blogspot.com/2007/06/copyrigh
Here's the actual links:
0 6/copyright-is-dead.htmlo gspot.com/2007/06/copyright-is-dead-part-2.html
http://the_scrivener.blogspot.com/2007/
http://the_scrivener.bl
The '_' happens to get killed in the URL when posted as HTML or Text... Can't even put %5F to replace it...
My brother once recorded a song that might have been copyrighted for my mom on mother's day. If they do sue for this, the song writers might come after him next! And he also sang a song for my father on father's day. And I don't believe he paid preforming rights. He's got it all against him!
Give Kashyyyk back to the Wookies
Burning a mix CD? For a Father's Day gift? Isn't that the college equivalent to macaroni art!?
it's called "fair use provision of the copyright act."
if the President owns his original licensed media, and maintains it in his ownership, he has the legal right to make a million copies if he wants for his own personal use, provided he uses only one of them at a time, and gives none away.
so the President has set a high moral standard for all Americans by copying his own music to his own iPod.
now, can YOU claim to have done the same? if not, time's a wastin', there are gigabytes to fill yet. start ripping today!
if this is supposed to be a new economy, how come they still want my old fashioned money?
but these poor women have had poor parenting. these teenaged girls have had poor parental guidance and roll models. it's easy for YOU who have had parents that imbued you with some intelligence, a sense of decency... would you laugh so hard if YOUR dad was GW Bush? i don't think so
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
This has to be the most petty thing I've seen. How many millions of other people would be guilty of this as well?
I know there are people who hate Bush, but really, this is insane.
It's either on the beat or off the beat, it's that easy.
I moderate therefore I rule!
--
Maybe they'll be let off, like that record exec's son, with a stern talking to by their daddy. Any other person sued by the RIAA that wants to take that option too?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
He turned me into a newt!
Prov 9:8 Do not rebuke mockers or they will hate you; rebuke the wise and they will love you.
http://thescrivener.blogspot.com/2007/06/copyright -is-dead.html
Contrary to popular belief, Unix is user friendly. It just happens to be particular about who it makes friends with.
This case will never go to court.
The Bush clan is considered as members of the professional entertainers community and such, they are exempt from copyright violation prosecution. This particular legislation is called the "clown clause".
In case the site is removed/taken offline again, here is a mirror of the article which will be up for the foreseeable future:l
http://mirror.wi-fizzle.com/copyright-is-dead.htm
--
wi-fizzle research and development
Censorship is obscene. Patriotism is bigotry. Faith is a vice. Slashdot 2.0 sucks.
It's a non-issue if they used a "Digital Audio Recording Device" and the CD-R was a "Digital Audio Recording Medium." I have such a device and use the slightly-more-expensive "music" CD-Rs when I make CDs for friends/family/myself (i.e. to have copy in car). I am exempt from infringement actions (I can't be prosecuted/sued for copyright infringement) for such activities. If they, like me, acted within the Home Audio Recording Act there is no story here...just FUD.
nah they just accepted a story without checking the links.
about time somebody did
if this is supposed to be a new economy, how come they still want my old fashioned money?
And in January, Steve Jobs demoed the iPhone with Beatle's tracks and a cover image. I haven't seen him sharing a cell with Paris Hilton lately.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
humm..
evil RIAA or evil Bush..
If Bush takes out the riaa in the process.. does the enemy of your enemy become your friend?
really.. if for some reason this did make it to court and fair rights were "re-enshrined" does that mean that there would be a bunch of geeks running around who's eyes read "tilt"
coincidently.. todays post brought to you by the captia.. "effigy"
the cops on the bus have all got guns
all got guns
all got guns
the cops on the
a4=523-giopajtq234or9qw-
--NO CARRIER
if this is supposed to be a new economy, how come they still want my old fashioned money?
http://thescrivener.blogspot.com/2007/06/copyright -is-dead.htmlt -is-dead-part-2.html
http://thescrivener.blogspot.com/2007/06/copyrigh
It was reported by the Associated Press. We can presume, with a great deal of certainty, that they got it from a White House press release. Is that prima facie enough for you?
...in a town where the damages from losing a pair of pants are worth $67 million.
http://abcnews.go.com/TheLaw/story?id=3119381
The ABC News Law & Justice Unit has calculated that for $67 million Pearson could buy 84,115 new pairs of pants at the $800 value he placed on the missing trousers in court documents. If you stacked those pants up, they would be taller than eight Mount Everests. If you laid them side by side, they would stretch for 48 miles.
Keep in mind that the money-whoring, RIAA affiliated, Sound Exchange collects royalties on all songs broadcast by all artists -- even the ones who don't want royalties collected, and don't want to pay the high fees demanded by Sound Exchange just to get their money back. For a small artist it costs more than you'd recover, but then SE just keeps the money for itself. Talk about ripping off artists!!
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Couldn't they have just used iTunes, Napster or one of the 100 other digital music services to buy it and then burn it to CD? So I would think automatically assuming a burnt cd is pirated now days is kind of dumb.
I agree! Next up, I'm going to try and join an all women's evening at the gym, and sue for emotional damage and stress when they tell me I can't join.
Get your own free personal location tracker
That's right. But you can lose your right to collect statutory and even actual damages in certain cases. There is a certain doctrine of law that says that if you don't do something to mitigate your own damages, then you can't collect because you allowed the abuse to occur. How and when you are unable to collect statutory damages is, of course, something decided in court on a case-by-case basis.
IANAL.
My blog
I see the UK is not the only Orwellian state
Man, I'm glad that guy showed up to point that out because my entire life up until now didn't get the job done.
"Sacrifice for the good of The State" - The State
Remember Napster and how companies warned that quality movies and music would come to an end if everybody downloads these off the internet?
I must say that there are still lots of great movies being made. And I think we can't complain about the quality of music either.
Ofcourse the most repetitively played music on television and commercial radio stations are the exception here and ought to be avoided.
If you mod this up, your slashdot background will turn into a beautiful sunset!
"I forgot to mention in my last letter that this "George Bush" is a single paraplegic grandmother who is raising her own grandkids with her social security checks."
There, *now* they'll be interested in pursuing this one.
Do you have ESP?
Random quote at the bottom of the page was "Good day to deal with people in high places; particularly lonely stewardesses." I read the first part and thought it fit quite well with this story. . .then the second part equated Bush and his daughters to "lonely stewardesses". . .I have no words.
If you are about to mod me down, keep in mind that this post was most likely sarcastic.
I have found the following links still working at the moment for aspects of this story:
Link.
Link.
Link.
Link.
Link.
Link.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
You didn't even read TFA, did you? It says "Lawyer Asks RIAA To Investigate Bush Twins". Evidence generally does not preclude an investigation.
The lawyer is not reporting a crime. He's reporting suspicious activity which may be a crime, and calling for an investigation.
This has the potential to be a much more viable case to than having nothing more than a file and an IP address, which the RIAA regularly pursues.
But President Bush has deep pockets. He could actually pay the 1.5 million. That could establish precedent and give weight to future law suites. I bet President Bush starts investing in record companies.
Not that I am against deriding the RIAA, but I found this informative. From the first comment under the article:
Hi Mitchell,
You might want to check out section 1008 of the Audio Home Recording Act :
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
The senate report on the act specifically cites making copies for family members as non-commercial uses, and thus not an infringement.
Hmmm, are you saying that everyone else shouldn't have been victimized, but these girls should be because of their dad?
I honestly don't know, has GWB said anything strongly pro-copyright or anti-music sharing? Or are we just painting him with a broad "pro-big-business" brush? Admittedly, I don't have a very strong opinion on the issue - even though I have personal friends who are indie musicians with copyrighted music. It's interesting that musicians themselves seem pretty split on the issue. Some indie bands figure they won't make much money unless they can build an audience, and are willing to give up some sales to do that. OTOH, creating an album does cost money, and more money can usually make for a better final product. The big signed artists probably don't care about copying because they make most of their money off concerts while album profits go mostly to the label.
Prov 9:8 Do not rebuke mockers or they will hate you; rebuke the wise and they will love you.
this is the most fantastic busting incident since that 10yearsomething old boy got busted posting in wow forums by her wow player mom while he was pretending to be asleep.
Read radical news here
The attention-whore Florida attorney...
Hold on... has Jack Thompson moved on from gaming?
the bush twins should hand him over to the authorities since he received stolen property.
it would be a fine thing to see this guy get disbarred.
No, its not 'its funny, laugh'. This is rather serious. If the RIAA doesn't put up or shut up then their case will be damaged forever. If they DO put up and sue, it will only help their case in the long run when they come after you and i.
Might be a turning point, at least as far as publicity goes.
---- Booth was a patriot ----
Lawyer Asks RIAA To Investigate Bush Twins
good luck with that. more power to you.
It might not be so bad - this could still receive some attention in legal circles, and any lawyer who would have to defend someone against the RIAA could bring this up in court.
First of all, the links are screwed up. Good luck finding a good one. If you do find one, you'll see some comments from readers of the blog with regards to the fact that making copies for family members is considered non-infringing. Too bad... I'd certainly like to see the RIAA pressured into going after high profile people that it's not in their interest to pursue.
Ditto to the Dixie Chicks' "Not ready to make nice"
1. A little of his own medicine.
2. 30 days with Bubba
3. 60 days with Scooter Libby.
Careful now, all of you Slashdotties are going to be grossly guilty of hypocrisy if you don't support the twins right to make a mix CD. Unreasoned Bushy-hate should be no substitute for doing the "right thing". (That is, if you consider making a mix CD the right thing.)
For all you that feel making a mix CD is piracy, by all means, proceed to bash.
In other news:
The Bush Administration has stated that they know of no connection between these and the lawyer's actions regarding the twins.
Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
A newt?
Judges and senates have been bought for gold; Esteem and love were never to be sold.
It's rather shocking to see that so many people are against Bush/his daughters on this. It doesn't matter what your political viewpoints are here, because this has very little to do with Bush's decisions. It has more to do with the RIAA being their usual selves. (It's perfectly legal to make a mix cd from music you own and give it to a family member for personal use.)
And think about it for a moment. If Bush wins, it helps shake up the RIAA even more, especially since it's a more high-profile case. If the RIAA wins, it gives them firmer ground on taking away people's right to actually enjoy their purchases. But the outcome will have absolutely no effect on whatever issue is the cause for your intense dislike for Bush.
Don't let your emotions cloud your judgement.
In order to assert that the RIAA should prosecute the Bush twins you first have to assert that the making of a "mix tape" for a friend/relative is equal to allowing anyone in the world to download songs from your computer.
As far as I can tell, there are various ways to accomplish this leap of logic. One is to think like the people at the RIAA and try to define every act of copying music as if it were piracy. The problem is that I don't even think most of the people at the RIAA would buy that. Sometimes they act as though this is what they want, and it probably is, but I think even they know that the public would never go for this.
Another way to make this leap of logic is to suffer from Bush Derangement Syndrome. In this case you already believe that everything the president does is bad and/or illegal but he "gets away with it" because he is president and congress won't impeach him. Well, news flash, even the now Democrat-controlled congress isn't going to do this for the simple reason that they have nothing to charge him with. But if you suffer from BDS then that is no problem, you can just grossly pervert the common interpretations of laws and voila, Bush can now be charged with something.
If this story actually gets big in the mainstream media and I were the RIAA, I'd issue a press release stating that the RIAA does not wish to prosecute someone for making a mix tape for private use. I might even go one step further and make sure that this idiot Florida lawyer's anti-Bush rhetoric made it to the mainstream news for the sole purpose of then making the press release stating that prosecution will not occur.
"digital audio recording medium," as defined by the act, only refers to _audio_ CD-Rs. These are special recordable CDs made to work in audio CD recorders, which will not record onto standard data CD-Rs (audio CD-Rs will also work in standard computer CD-R drives).
These audio CD-Rs are a bit harder to find, and a bit more expensive than standard data CD-Rs, because you indirectly pay a tax on them to the recording industry (it's collected at the wholesale level).
So, the Bush twins _might_ not be subject to copyright prosecution. OTOH, they do have GW's genes, so they're likely too stupid to know all of that, and probably used data CD-Rs, opening themselves up to prosecution.
"National Security is the chief cause of national insecurity." - Celine's First Law
They should have used the official U.S. Government Youth Fitness Song. This was composed for and distributed by the President's Council on Youth Fitness during the 1960s, as an official U.S. Government activity. Every school in the United States got a vinyl copy. The John F. Kennedy Presidential Library redistributes this as a Presidential document.
Drop and give me twenty. Now!
President Bush said he had the Beatles on his iPod, when there was no legal way to get them on there.
"Well, when the president does it that means that it is not illegal."
http://www.landmarkcases.org/nixon/nixonview.html
Tweet, tweet.
I am poor, I do not own a gun, I do not drive an SUV, I do not support Bush and I'm GLAD that Paris Hilton is getting a good taste of the judicial system.
Can you move back to the part where you explain why you are conservative? Particularly re: the part about being poor?
Not a liberal here. Just honestly curious why anyone believes in an ideology whose corporeal manifestations try very hard to deny you are worth the time of day, never mind any more substantial consideration.
All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
Who's to say they didn't legally download the music and burn each song onto a CD? The article doesn't state the source of the music, just that they made it and gave it to him.
Life is pain. Anyone who says differently is selling something.
it is wrong/unwise for the **IA to be selective in their pursuits of 'violators'
It may be wrong from an ethical point of view, but it's definitely not unwise from their business point of view. Biting the hands that feed them (all those "wonderful" copyright laws), now that would be unwise. They've got much more to loose should the politicians start realizing the silliness of their laws and therefore retracting them to some degree, than to gain from the publicity of a high-profile case. Within their own twisted logic, the *AAs/IFPI/... are acting as is expected: thankful and accomodating towards the powers that be, and harshly vindictive towards 10 year olds from needy backgrounds.
cpghost at Cordula's Web.
I haven't seen him sharing a cell with Paris Hilton lately.
Lately? Does this imply you have seen Steve Jobs sharing a cell with Paris Hilton at some point? Is there a sex tape I don't (want to) know about?
Interesting to note that the two blogger posts in this story are now gone.
Im going to give you Theorists out there some fuel. Maybe the bush administration had them removed.........
I hereby place the above post in the public domain.
The URL is there and it is valid. However for some reason the underscore between the and Scrivener is being removed when linked. Here's the second post that has the PNG of his letter. There will be a space in it from the /. software because I'm not making it a link. There should be an underscore between the and scrivener.blogspot.com. The date in the URL is 2002/06 and there are hypens between the words copyright is dead 2. With a little work you CAN get to this guy's pages just fine, most of the links here are being parsed badly and screwed up somehow is all. The underscore in teh domain portion of the name really breaks thing!
d ead-part-2.html
*use http colon here*//the*underscore goes here*scrivener.blogspot.com/2007/06/copyright-is-
Build it, Drive it, Improve it! Hybridz.org
Part 2 is mirrored as well:
t -2.html
http://mirror.wi-fizzle.com/copyright-is-dead-par
--
wi-fizzle research and development
Censorship is obscene. Patriotism is bigotry. Faith is a vice. Slashdot 2.0 sucks.
Double dumbass. It can't have *nothing* to do with Bush and be a bonus too.
Whose propaganda is it that has programmed your brain ?
Limbaugh ?
O'Reilly ?
You obviously haven't read a newspaper in 5 years. Illegal detentions in Gitmo. Wiretapping everybody & anybody without regard to the FISA act. AbuGhraib. Signing statements that ignore or contravene the law the president just signed. I would continue (there's lots more you've missed) but A) I have to get back to work & B)You're already brainwashed so it's a waste of my time.
Can you say 'Preserve protect & defend the constitution of the United States so help me God'?
Linux.com:
"Once the RIAA has a name, the RIAA brings a case against the individual identified. As Beckerman points out, at this point, the evidence is inconclusive. "At most, they can say that someone who might somehow be associated with that IP address might have made some files available. But they certainly don't know that the defendant did. All they know is that the defendant wrote out a check to the Internet provider."
However, this vagueness does not stop the proceedings. The RIAA's preference, Beckerman says, is "to extort a [cash] settlement." If an individual resists, the RIAA brings a federal suit against him, which few individuals can afford to defend against unless they can find a lawyer willing to work for free or for a nominal fee. "You'll notice that you'll never see a big law firm in that category," he says. "The big law firms are like any big corporation -- they need to make a profit. They would be interested in representing the RIAA, not the poor people who the RIAA are pursuing."
Electra vs Barker
"The defence has made a motion to dismiss, because the case "doesn't specify any acts, dates, or times of copyright infringement as the laws normally require."
UMG vs Lindor
"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."
It always takes longer than you expect, even when you take into account Hofstadter's Law. --Hofstadter's Law
"It has nothing to do with their Dad"
Are you sure about that? Many people are blinded to the point they cant think rationally anymore. Just like the people that gave Clinton a pass on him being impeached.. 'well,hes just human'..
But regardless of his motives, it will prove interesting if he pushes it and doesnt take some buyout to shut up.
---- Booth was a patriot ----
...or in this case *NEVER* EVER in their life EVER made an "illegal" copy of something, whether it be a Cassette tape, LP, EP, CD, DVD, VHS tape, MP3, software, etc., cast the first stone^H^H^H^H^H lawsuit....
Hrm.. the room got really quiet all the sudden...
The American Home Recording Act allows people to rip, mix and burn media not protected by a DMCA covered protection mechanism, so long as it remains within the same household. The twins being the President's immediate family would certainly qualify.
Nope, I'm saying that people should be victimized equally. :-)
I don't care personally what his stance is; he's The President and if he puts a stop to it, for the sake of is daughters or whatever, hopefully others will be able to take advantage of that.
Despite what the RIAA and labels say, this has never been about the musicians, its about profit for the record companies.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
There is no way in hell that making a copy of a CD for your dad costs a music label $1.8 million in losses. I don't even care about putative fines, the numbers simply don't add up. Anyone who says otherwise is basically just trying to stick it to Bush. Scapegoating is simply the little brother of racism; it's just being applied on a smaller scale.
It is about whether the RIAA is selectively enforcing their copyrights;
Well, when the president's daughters do it that means that it is not illegal.
That's not the point. The point is that everything is (or at the least should be) equal before the law, and any transgression of the law should be investigated and pursued. That their father is President of the USA should be irrelevant. The lawyer here calling for investigation is making a point that the RIAA, on the other hand, is mostly pursuing people with little money to defend themselves, and extorting money from them, and that the penalties for copyright infringement are completely disproportional to the offenses.
If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
You left out that part that a lawyer is not a person with 0 credibility. As I understand it he is an officer of the court, so he has a legal obligation to report this. Also by failing to report it, unless he's they're lawyer and attorney client relation exists he could potentially be disbarred for it. And what's even better if there was an attorney client relation or the girls weren't really distributing copyright material he could get disbarred and Florida would have one less lawyer on their hands. Which I see as a win win situation for the people.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
True, it just happens this was reported on the Bush twins. It would be no different if it was John Kerry's or Al Gore's children. But then again, John Kerry doesn't listen to any music until he's taken a straw poll first to figure which song he should listen to. And since Al Gore invented music, he might be able to show prior art to anything the RIAA sued him for. I kid! I kid!
Well, there's spam egg sausage and spam, that's not got much spam in it.
I was also curious about the comment mentioning the Audio Home Recording Act. It looks like that would still probably not make this mix CD legal (but then IANAL). The text of the relevant portion of the U.S.C. is here. The apparently revelant portion of the statue (Sect 1008) says:
An analysis from what looks to be a University law journal is available here. From that piece (under the section on the Audio Home Recording Act):
So apparently, at least in that author's opinion, PCs don't qualify as digital audio devices (and if you read Sect. 1001 of the statue you'll see that indeed seems to be the case) and hence are not covered on the exemption given by the AHRA. I'm not offering an opinion on the law, because I don't know enough about copyright law (especially case law), but it looks like based on this other source that commentor's assertion that the AHRA protects the mix CD is questionable at best.
"You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
Has the RIAA ever litigated a case where a person made a copy of music and gave it to a family member? What does privilege have to do with this?
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In cases like this the RIAA files civil lawsuits on behalf of the record labels to seek damages for copyright infringement. The scale of file-sharing exemplified in giving someone a mix CD or whatever probably doesn't fit the definition of "felony copyright infringement."
The association needs some kind of evidence to even begin to file a lawsuit, meaning either logs proving that the twins were sharing copyrighted music from their computers, or maybe the association could steal a copy of President Bush's mix CD to see what's on it.
In any case, under U.S. copyright law, damages sought for copyright infringement in civil suits can range from a minimum $750 up to a maximum $150,000 per copyrighted work.
It shows to everyone what the bully truly is about: cowardice. All the bully can do is glare at the tormenter.
In the case of the RIAA, they are faced with a lose-lose-lose situation: even if they bring a case, and even if they win it, they lose politically. If they lose the case, they establish a bad precedent for themselves. Public humiliation is the least damaging of their options.
They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
Having had a minute more to think about it, the AHRA protects companies distributing recording media and consumers making digital copies of copyrited works. If they had legally acquired the music in the first place, making the copy wouldn't really be is the issue, as this would be fair use (though it's still an interesting question of whether it's technically legal). The problem would be that they then distributed the music to someone else, namely their father. As far as I can see, the AHRA doesn't offer any protection for people distibuting copies of music they made (rather than just blank media). So the AHRA is probably completely irrelevant to the crux of the issue here.
Serves me right for posting too quickly I guess. I'd be really interested to see what actual (unbiased) lawyers had to say about the question.
"You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
Read section 1008 of the "AUDIO HOME RECORDING ACT" Here; (pdf file)
The senate report on the act specifically cites making copies for family members as "non-commercial uses", and thus not an infringement.
My view on this is that the Lawyer was simply blinded by his extreme hatred of all things Bush and/or republican. This goes beyond bias this is pure unadulterated blinding hatred on the part of the lawyer and is propagated by other liberal Democrats that simply cannot get over the fact that George Bush beat Al Gore almost 8 years ago. It has nothing to do with the RIAA or President Bushes daughters. Headline should read; "Lawyer Blinded by Hatred Asks RIAA To Investigate Bush Twins"
Everyone reading this knows this to be true yet I am sure this will be modded down as "flamebait" due to that same ongoing hatred, simply because it reads to favor the Bushes when in truth it only reads as facts.
You be the judge.
Read it again and try to find bias on my part.
Don't confuse fact with bias.
it's "Audio Home Recording Act"
It pertains to DAT and SCMS. It provide protection for the manufactures of devices.
It doesn't say anything anywhere about being allowed to share with anyone in the household.
As far as the public is concerned, it only says distribution without the SCMS is a violation.
Other forms of distribution are covered elsewhere in the copyright code.
The Kruger Dunning explains most post on
No, the reason liberals offer money to the poor is that those at the top are more vulnerable than they think. Welfare is for society, not the poor. We did have this little thing called the great depression that happened before we had welfare. Every time someone loses a job, they no longer contribute to the economy. A little help up from the government helps the economy from spiraling down -- money, no matter where it comes from, gets spent. . .and that my dear conservative friend, keeps other people working. Yes, some people abuse the system, but that is far outweighed by not letting hardworking people on hard times fall thru the cracks. Why is that so hard for you people to understand? Not that you or anyone will read this comment, by an anonymous coward, buried in a dead end thread -- but what the hell.
In other news, the Congressional hearings on the Justice Department firings will resume with Attorney General Gonzales being asked about his knowledge of Mixtapegate. In a wild turn of events, President Bush will be implicated as instrumenting the firings of the US Attorneys whom he knew would prosecute his daughters for making mix CDs. Bush will be impeached and, with Cheney taking over the presidency, America will start 5 new wars before the end of term. Of course, Haliburton's stock will skyrocket and, when his term is up, Cheney will take over the title of World's Richest Man. (However, after this scandal, the Democrats will take over the presidency and a greater number of seats in Congress, enacting so many new taxes and welfare programs that the amount of money Cheney has now will be the amount of money Cheney has in the Brave New World.)
If the are transfering with the SCMS then it is fine, if not then it is a violation ender this code.
In any case, it is still a violation under other copyright statutes.
The Audio Home Recording Act ia primarily about manucatures, brought on by the introduction of the DAT.
It was also there first real shot a DRM. It got watered down, and the RIAA still threatened to sue various manufactures. I don't know if they went through with that or not.
The Kruger Dunning explains most post on
Easy solution?
The RIAA will settle out of court.
I don't know what the USD/song ratio is in most of the RIAA settlements but my guess is that the president's daughters could turn this into a dead issue by scratching out a check for a few hundred dollars (if it's even that high) and this way no one seems to be partial and no one loses face.
I just find it amazing the number of Slashdotters who normally scream that IP is bullshit are now howling for blood considering the targets.
Oh well, just more hypocrisy.
Dedicated Cthulhu Cultist since 4523 BC.
He published a retraction:
Friday, June 22, 2007
A Retraction
It has come to my attention that noncommercial copying of digital music recordings may not be an infringement under Title 17 of the U.S. Code, "Copyrights." I apologize for any confusion I may have caused or any mistaken impression I may have given."
The race isn't always to the swift... but that's the way to bet!
How often do they have people publicly admitting to violating copyright law? A violation is a violation, right? Giving a mix CD to someone is distribution, since that person didn't pay for the rights to the music. So they broke the law. If the law is applied equally, then they should be held accountable just as any other file-sharer, though they'd probably pay a smaller fine in this case.
If the RIAA doesn't think this is a violation, then I'd like to see them come out make a public statement declaring that it is not a violation of copyright law to make mix CDs and give them to others.
It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
Free speech my arse. I can't even get a Google cache of what he wrote. It's like navigating the Internet version of some Stalinese scorched earth maneuver.
Anyone have the full text of this thing? He "voluntarily" retracted the entire article, and I'd like to read his rant.
To spuriously quote an old New Hampshire congressman: "I've never seen, heard, nor smelled an issue that was so dangerous it couldn't be talked about."
--
Toro
The person is obviously more pissed at the RIAA than anyone, and just trying to point out that there is a privileged class in this country that the RIAA doesn't go after.
Hmmm.. a couple of people handing over a single CD with a few tracks or the guy with 14000 songs on eMule? Who should I prosecute? Hmm...
It's more likely that the RIAA understands that going after people with a larger number of violations and obviously more intent to distribute illegal copies are a better targets of their expendable cash to fund lawyers over? I dunno, just a thought.
There is a reason that cops on the side of the road don't pull over every car going 2 miles over the speed limit. There is a reason that casual drug users are generally left alone unless they go out of their way to get caught. And there is a reason the RIAA isn't going to bother with every person who admits to copying a single CD. And most of the time this has nothing to do with being "privileged".
Dedicated Cthulhu Cultist since 4523 BC.
So.. anyone in the world who is known to have a mix CD (probably 70% of the US) gives RIAA the right to conduct an investigation on them, and sue for 1.8 million dollars in damages?
Everyone?
I don't see them going after rap artists that dub songs from every artist known to man, even when they reproduce it on their albums. They make money off of them.
I don't see them going after movie stars when they see a burnt disc on the seat of their car.
I don't give a shit if it's someone popular or not, even if it IS Bush's daughters... RIAA doesn't have the right to defend their copyright by destroying someone's life.
Some artist can sing about killing people after he got out of jail. Someone steal that CD from a car...listen to it on the street... get inspired enough to kill a couple people.. go to jail and pay LESS than 1.8 million.
Not only that.. but you or I could get high, drive drunk, speed.. GET CAUGHT.. all at the same TIME.. and pay LESS than $1000 in fines over the fucking phone.
Now. Where is the line drawn when protecting a copyright? Especially a song that's broadcast over the air 50,000 times a day.
"Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
Here's the original, for as long as it stays up.
Yahoo's cache of retracted blog entry.
Um, no it couldn't. If Bush did not defend himself at trial, no decisions would be made on any defense arguments, so no precedent would be set.
Let's say Bush's daughters had some music video DVD's, and they ripped them and put them on Dad's video iPod. That's the same as a mix tape, right?
Not according to proposed legislation making the rounds of Congress right now. A consortium of vendors and content providers is trying to make it illegal to copy any DVD, regardless if it's even a backup copy so your 4-year old won't damage your only copy of Shrek2...
For all you that feel making a mix CD is piracy, by all means, proceed to bash.
For all you that feel making a mix music DVD is piracy, by all means, proceed to bash. The only difference between the two is a bit of misguided legislation called the Digital Millenium Copyright Act. I see a slippery slope here...
"A little misunderstanding? Galileo and the Pope had a little misunderstanding."
You for got about the loophole the powerful and wealthy have: pay enough money (or threaten) in order to have the law suit retracted. I wonder how much money that lawyer made through this stunt...
mccarthyism and the early salem witch trials ended when high profile people (read: close to the heart of those doing the prosecutions) were targeted as communists or witches. Hit the president's daughter and senators feel that they might be next and enact laws to save us all.
Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
If you believe that the powers that be will turn on and annihilate each other you, Sir, are rather naive. - A mixture of threats and big chunks of money will be used to resolve this situation.
Why do you suppose I don't read the news simply because I have a different view? I do read the news. I am well aware that combatants captured overseas are held at Gitmo. I am also well aware that wiretaps have occurred where one end of the call is overseas, even if the other end is domestic. I applaud Bush for his use of signing statements. He is the head of the executive branch (i.e. a president), not the head of the legislative branch (i.e. a prime minister). If you think of it like a company, the president is sort of like the chief executive and the congress is sort of like the board. The chief executive does not have to do everything the board asks, although if he doesn't he risks losing the next election. Bush has no more elections to win so the only thing possible is to remove him from office. Short of proving he committed treason (that's what "high crimes" means) he cannot be removed from office.
I might ask what propaganda has programmed your brain? Accusing the president of committing treason is easy to do. Believing it (true or false) as you seem to is also an easy thing to do. Actually proving it is an entirely different matter. I am sure that if there was proof there is nothing the Democrats would want more than to impeach the president in the house and convict him in the senate. But they have not because the fact is they can't prove it and it's all hot air used to win elections.
I am glad to see that none of the Bush bashers here on /. have ever made a mix tape/CD and let someone else listen to it. That would be a shame.
There is only left and right, and Americans seem to think along these one dimensional lines.
Oh and the American definition of liberal is fucked up beyond all recognition. Which normally wouldn't bother me but the more retarded among my countrymen are starting to redefine the meaning of liberal in the UK as well.
Deleted
That was the most symetrical post I've read in a while!
I wish the RIAA would go forward and try to litigate the President's daughters. All of a sudden the President's attention would be very quickly and precisely to act against any current and future RIAA litigation by basically saying, you're a bullying group with no legal authority don't do this type of thing again or be disbanded. If only...
He must have forgotten that the President can pardon anyone from any crime.
But it is legal under the Audio Home Recording Act which provides an exemption for noncommercial copying.
If you can sit through it, see also the recent Disneyfied explanation.
If a SCMS-supporting device was used (let's say she found one that could make a mix) would it then be legal to give that CD away? I'm not a lawyer so I don't know but something doesn't sound right.
Does it mean if I purchased a SCMS-supporting device and a million music CDs I could burn a million copies of a popular album and give them away to whom ever I wanted? Any lawyers out there want to explain?
The race isn't always to the swift... but that's the way to bet!
And this guy Bush is supposed to be the firsborn son, un-frigging-believable!!!! (Please refer to later article on IQ and firstborns.)
Oh my. This is hillarious. Get them off to dubai with the haliburton execs to avoid prosecution.
Yeah, well, but no thanks, we already have enough rich assholes around here, and don't need any more.
Thanks,
A Dubai resident
Hello! I'm a disaster waiting to happen!
What a joke!
The Wild Stallions would be proud..
g
http://photos4.flickr.com/8715152_56a6a7c0a2_m.jp
boycott slashdot February 10th - 17th check out: altSlashdot.org
The Republican Conservative defense for all the shit they do: Democrats do it, too.
:-)
:-) Later!
f u
I hope it takes less than my lifetime to clean up after this administration.
Here let me fix your errant post for you! No need to thank me!
The Blueberry Cookie chocolate for all the twinkies they do: Pancakes do it, too.
fluff me
I hope it bakes tasty than my egg time to wring up after the muffin.
There, I fixed it, no need to thank me.
Comment removed based on user account deletion
Succinct.
G.W. Bush: You poor thing. Would you like Daddy to put this lawyer on the no-fly list?
Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
> In a general sense, in the United States at least, distributing five or fewer copies of a song is protected by such things as (ta-da!) the Audio Home Recording Act.
This is why I always stop sharing a song when my share ratio reaches 1:1, although maybe 5:1 would be safe too.
I'll probably be modded down for this...
Pardon my BSG, but who give a frack!
That was good for a laugh. It's probably also fairly close to reality, I don't think that one lone lawyer stands a chance against the Bush family without very heavy backing - there seem to be whole websites dedicated to keeping up with how many laws are "creatively applied" in their (and especially his) case.
:-).
And he hasn't demanded an outsourced blowjob, which seems to be a critical factor in the US in getting a president indicted*
(*) Yes I know, it was about lying to Congress, but from that angle it makes even less sense..
I'd love to see sherriff deputies carting them off for a short jail term...with the waterworks going.
I didn't day privilege has anything to do with the RIAA's decisions, I just said that that is what the guy complaining to the RIAA is obviously trying to assert.
This space available.
I agree. *I'm* not trying to assert that the RIAA doesn't go after the privileged (though lets face it, they wouldn't sue the Bush twins, nor Nancy Pelosi's kids, for using limewire) I'm just saying that thats what the guy complaining is clearly trying to assert, rather than just being a Bush-hater as the parent poster suggests.
This space available.
In what universe?
If you go by the legal definition, which is the context of this article and the RIAA's entire existence, then you are absolutely... wrong.
"Personal use" does NOT apply to giving away to others.
As I and most other understand, you are thinking in the "wishful", not "legal", contexts. In your mind, such copying should never be a problem.
But that is not the context of this discussion, so your argument is specious.
If they don't sue, the RIAA will lose every single case they attempt to bring forth.
The defendants can simply claim they were targeted due to their lack of affluence.
Any judge who isn't an industry whoring shill will dismiss.
They're using their grammar skills there.
That doesn't mean they're not filthy and disgusting.
Like what I said? You might like my music
The word is "role," everyone. Not "roll". The idea of a role model is someone who shows you how to perform a certain role in a social situation. It's modeling behavior, which is the definition of a "role."
... whether he infringes copyright law? See my small cartoon: http://geekandpoke.typepad.com/geekandpoke/2007/06 /mr-presidents-e.html
Bye,
Oliver
Prov 9:8 Do not rebuke mockers or they will hate you; rebuke the wise and they will love you.