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RIAA Afraid of Harvard

NewYorkCountryLawyer writes "According to a report on p2pnet.net, the RIAA's latest anti-college round of "early settlement" letters targets 7 out of 8 Ivy League schools, but continues to give Harvard University a wide berth. This is perhaps the most astonishing display of cowardice exhibited to date by the multinational cartel of SONY BMG, Warner Bros. Records, EMI, and Vivendi/Universal (the "Big Four" record companies, which are rapidly becoming less "big"). The lesson to be drawn by other colleges and universities: "All bullies are cowards. Appeasement of bullies doesn't work. Standing up to bullies and fighting back has a much higher success rate.""

82 of 425 comments (clear)

  1. Re:Perhaps it is because it is a Jew mecca? by FooAtWFU · · Score: 2, Funny

    Perhaps because it is a Jew mecca? Silly troll! Muslims go to Mecca; jews go to Jerusalem. No wonder your species has a reputation for being stupid.
    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  2. Re:Elephant and Mouse situation by Anonymous Coward · · Score: 3, Funny

    Are we talking about an African elephant or an Asian elephant?

  3. Appeasement is often cheaper by Anonymous Coward · · Score: 2, Insightful

    If a student brings a lawyer to the school where I teach, the school always caves. One student was able to graduate in spite of the fact that he copied most of the work for a final year course. Not only that but he couldn't demonstrate competence no matter how much extra time he was given.

    We also paid tens of thousands of dollars to a teacher who didn't pass his probation because it would be cheaper than paying lawyers.

  4. The reason is much simpler by Opportunist · · Score: 5, Insightful

    Harvard is the lawyer breeding ground. I'm fairly sure, almost everyone working in the legal departments of the various RIAA members comes from there.

    Now, who do they have their knowledge from? The profs there. When you teach, do you tell your student everything you know? More important, when you learn, do you know afterwards as much as your teacher does?

    Rarely loses the master against his padawan. So to challenge him, a fool you must be.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:The reason is much simpler by ScrewMaster · · Score: 3, Funny

      Rarely loses the master against his padawan. So to challenge him, a fool you must be.

      Thank youuuu Yoda.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:The reason is much simpler by minvaren · · Score: 4, Insightful

      That, and strong is the money at Harvard. Even stronger, the privilege of those who attend. They have all the resources to take the RIAA's campaign down. No wonder why they avoid them.

      --
      Big! Strong! Wow! Tada-O!
    3. Re:The reason is much simpler by evilviper · · Score: 3, Insightful

      More important, when you learn, do you know afterwards as much as your teacher does?

      If you're halfway competent and intelligent, you continue to learn from experience, and very soon know MORE than your teachers did.

      If that wasn't the case, knowledge would continue to shrink, as a bit of it is lost every generation, while in reality, the opposite is true.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:The reason is much simpler by jellomizer · · Score: 4, Insightful

      I can see you are a Humble Person.

      In the process of getting a PHD is normally a process or specialization. It is quite common for New CS Undergrads to be better versed in newer technologies then many the professors especially near the end of your degree. First Computer Science as a study is a new area of study and Many of the CS professors have their Undergrad and Graduate Degrees in different areas of study, Engineering, Accounting, Physics, Mathematics, Business... Then got the Masters or PHD later on, in that process you just focus more on one area... Software Optimization, Artificial Intelligence, Neural Networks, Operating Systems, Programming Languages, etc... So they were privy to your general education in Computer Science as well because of their focus they tend to stay focus on their focus.... So you may be able to Out Program most professors in most applications, but if you go up against them in their speciality they can blow you away with concepts and designs that you may never have considered. Also if they did study the degree for their Undergrad they were focused on the current modern methods, Punch Cards, Fortran, Basic (no visual about it), Pascal, etc... they were concerned about application that run on mainframe terminals, reading off of tape, etc...

      I am not saying that college Professors are super human ultra intelligent people who can code a computer using a metal file. As well I am not saying you are a bad programmer, I have never seen your work. But there is a tendency among programmers to think they are the best programmer in the world which in case they are actually average. And College Professors shouldn't be underestimated because then you will loose a lot of good education because of you closed mindedness. As well you cannot assume the Professor knows it all because it will reduce you ability to extend beyond what is taught by these specialist.

      I am talking for experience, I use to be a Hot Headed programmer, slamming my profs behind their back because I could out program them. But I am a good generalist programmer so I can do most programming well, but I rarely able to do any thing exceptional. I am good at what I do and my clients agree. But can I do it all no.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    5. Re:The reason is much simpler by nobodymk2 · · Score: 3, Insightful

      As some of the comments below have partially mentioned, it's not necessarily out of cowardice, fear, or "apprentice versus master". It's much more of the fact that if they sue the school at which many of their top future lawyers are taught, they will not have many top future lawyers in the future. If a college student going to school for law, and is considering specializing in intellectual property rights, and he is sued by the RIAA, guilty or not, do you think he will further his specialization in protecting corporations' property or protecting individuals rights? Do you think he will ever work for someone that just charged him $6000 per song and probably ruined his career? Do you think he'll ever make it out of college with those kind of debts?

    6. Re:The reason is much simpler by billcopc · · Score: 3, Insightful

      I actually learned something from I.T. profs: I learned that the frauds in this industry are the ones making money.

      The actual computer science, I learned from books. The profs were really just props, decoys to make it look like it was a teaching establishment. All but two were complete doorknobs; one was a brilliant but misunderstood hacker, the other was a humble but honest developer who had no fear asking his own questions. Those two had my respect, all the other used-car salesmen, outdated COBOL monkeys and glorified book readers weren't worth anyone's time.

      Mind you, I got caught in one of the many scamshops that thrived in the tech bubble of the late 90's. Think Devry but worse, it was really just a quicker way to get the same useless piece of paper. I'm just glad I had the knowledge long before entering the halls of ignorance, and I know it's not always that bad. I also know that in any profession there are always more bad workers than good; the problem is in I.T. the sloppy workers never get culled. Short of having a server rack fall and crush him, a stupid I.T. guy has little to worry about in the unprofessional execution of his tasks. Worst case, he'll get fired and have to find a new staffing agency (of which there is no shortage), but most likely his boss just doesn't have a clue.

      --
      -Billco, Fnarg.com
    7. Re:The reason is much simpler by ScrewMaster · · Score: 5, Funny

      They have all the resources to take the RIAA's campaign down.

      That would make a good senior project: "Students, your assignment this year is to put the kibosh on the Recording Industry Association of America's lawsuit mill."

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:The reason is much simpler by tkiesel · · Score: 4, Funny

      Thank youuuu Yoda.
      Yoda, thank you I do!
      There...for you fixed that
      Welcome, you are.
    9. Re:The reason is much simpler by jwilcox154 · · Score: 2, Funny

      Yoda of Borg : The Borg, we are. Assimilated, you will be. Futile, resistance is.
      Luke Skywalker : OMG, Yoda was assimilated by MAFIAA of Borg. What can we do Obi-Wan.

    10. Re:The reason is much simpler by elronxenu · · Score: 4, Funny

      There...fixed that for you

      Fixed that for you, I did.

    11. Re:The reason is much simpler by Tablizer · · Score: 2, Interesting

      RIAA #1: "Hey, lets go sue the organization filled to the brink with the best damned lawyers in the whole world."

      RIAA #2: "Uh, now that you put it that way, let's not."

    12. Re:The reason is much simpler by Opportunist · · Score: 3, Interesting

      Now, I wouldn't say that all my profs had the upper hand on me in all subjects, but I would never dare to claim I know more about their subject than they do. Take my math prof. CS is (fortunately) here still seen as a subclass of a math degree (generally it IS nothing but applied math), in other words, you spend a good deal of your bacc years in math classes.

      Now, he was already challenged by turning his laptop on, which is why he was one of the few who refused to use anything but chalk and blackboard to do his lectures. No powerpoint, not even overhead projector, the less tech the better.

      Do I know more about programming than he does? Heck, anyone who has touched VB does. Would I dare to say I can hold a candle to him in math? Never. And I was good in math.

      You will never know as much as your teacher in his subject after leaving him. That is a given. If your teacher is your primary if not only source of information about a subject, you're prone to know less about it than him. At best, you can know as much as he does. And even after leaving him and continuing on your own, he has a head start you can hardly catch up to.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    13. Re:The reason is much simpler by Brickwall · · Score: 2, Funny

      I enjoyed your innovative use of capitization.

      --
      What was once true, is no longer so
    14. Re:The reason is much simpler by Brickwall · · Score: 2, Funny

      Capitalization. Should have hit the Preview button!

      --
      What was once true, is no longer so
    15. Re:The reason is much simpler by WK2 · · Score: 2, Insightful

      My take is that collective sum of knowledge does not change much over time, neither growing nor shrinking. Could you build a crossbow? How hard would it be for you to even FIND a person that could buid you a crossbow?

      Just ask a search engine.

      I disagree with your point, too. The sum of human knowledge does indeed improve over time, by most definitions of "sum of knowledge." We still have records of almost everything that was done since recorded history. What has been lost is not nearly as much as has been obtained. Maybe you don't know how to smelt bronze, nor I, but it is a part of the sum of human knowledge. With a little research, and some time to learn we can do anything the people of 3000 years ago could. They couldn't do a lot of what we can do now.

      One of the most important advances we have made is in research. We have libraries and the internet. We can obtain knowledge much faster and more efficiently than our ancestors could.

      --
      Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
    16. Re:The reason is much simpler by innocent_white_lamb · · Score: 2, Interesting

      Could you build a crossbow? How hard would it be for you to even FIND a person that could buid you a crossbow?
       
      I have a set of Popular Mechanics Do-it-Yourself Encyclopedias that has complete instructions, photos and diagrams for building a powerful crossbow using a leaf spring out of a car. The copyright date is 1955, so the books aren't THAT old.

      --
      If you're a zombie and you know it, bite your friend!
    17. Re:The reason is much simpler by HuguesT · · Score: 2, Insightful

      Teaching on the blackboard, especially for math, is much more effective than slides or powerpoints. Math can rarely be explained by pretty pictures. If the prof writes on the board, then normally it is written at a pace you can follow, and you check the derivations, proofs, etc.

    18. Re:The reason is much simpler by ultranova · · Score: 2, Funny

      If by saying "I knew more than my professors" you mean "I knew something they didn't" I would believe you. However, "I learned nothing from them" is quite another thing.

      Neither is what he said, thought. He simply asserted that the sum total of his knowledge at the time he was going to school was greater than the sum total of any one of his professor's knowledge; I believe that the implied plural - the sum total of all his professors combined knowledge - was not what he meant. In no way does this imply that he learned nothing from those professors.

      Of course he's still likely to be incorrect, blindly arrogant, and full of hubris.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  5. Cowards, maybe... by Henry+V+.009 · · Score: 5, Funny

    Nobody in their right mind sues a lawyer assembly plant, coward or not.

    1. Re:Cowards, maybe... by spirit+of+reason · · Score: 4, Insightful

      Right, and that's why they're not suing anyone at Yale. Oh wait...

    2. Re:Cowards, maybe... by spirit+of+reason · · Score: 2, Funny
      You went to Harvard or Princeton, didn't you? =p

      If you believed the US News rankings (I don't), YLS would be the top rated school. But I don't know if I'd go with the Yale grad; I'd probably take someone from Boalt--someone from a school where it's actually challenging to receive high marks. ;-)

    3. Re:Cowards, maybe... by pz · · Score: 5, Insightful

      Nobody in their right mind sues a lawyer assembly plant, coward or not ...

      ... especially when that assembly plant has over $35 billion in liquid assets. Doubly so when it also happens to be the stomping grounds of high-profile personal-rights lawyers like Alan Dershowitz. To keep this amount of money in perspective, the Presidents and Fellows of Harvard could decide to spend less than 3% of the endowment -- not even this year's interest -- and have ONE BILLION DOLLARS to keep the RIAA in court for the next handful of decades.

      No, do not disturb the 350-year-old 800-lb gorilla who has lots of friends and big piles of cash.

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    4. Re:Cowards, maybe... by ScrewMaster · · Score: 4, Funny

      Well, Harvard has been around since the pre-industrial days ... what I want to know is, are the attorneys still hand-assembled, or is the process more automated nowadays?

      --
      The higher the technology, the sharper that two-edged sword.
  6. Cowardly? Give me a break. by radicalskeptic · · Score: 5, Insightful

    If you're a laywer for the RIAA, you are not paid to be brave. You are paid to further the agenda of the recording industry. If they believe suing Harvard students would hinder rather than help their cause, well is that really being "cowardly" or is it being smart? Would suing Harvard be "brave" or would it be counterproductive to their goals?

    I'm as disgusted with the RIAA's tactics as anyone, but this childish name calling is getting old. It seems like every day on the front page of Slashdot is some article title with an overblown ad hominem attack against persons, groups or companies that rub us the wrong way. C'mon, people. We're smart, educated and savvy, do we really need to stoop to this?

    --
    WARNING: If accidentally read, induce vomiting.
    1. Re:Cowardly? Give me a break. by Anonymous Coward · · Score: 3, Interesting

      The more news slandering them the better. They stoop to suing children, single mothers, the estates of the deceased..ya know years after they were found guilty of illegal price fixing that they practiced for over a decade. Then they get pissed off at us when they don't keep up with technology?

      Yeah, see i really could care less how low anyone stoops against them. In fact, you think of the most immoral acts that could be committed to their employee's, and i still wouldn't care.

    2. Re:Cowardly? Give me a break. by NewYorkCountryLawyer · · Score: 5, Informative

      f you're a laywer for the RIAA, you are not paid to be brave. You are paid to further the agenda of the recording industry. If they believe suing Harvard students would hinder rather than help their cause, well is that really being "cowardly" or is it being smart? Would suing Harvard be "brave" or would it be counterproductive to their goals? I'm as disgusted with the RIAA's tactics as anyone, but this childish name calling is getting old. It seems like every day on the front page of Slashdot is some article title with an overblown ad hominem attack against persons, groups or companies that rub us the wrong way. C'mon, people. We're smart, educated and savvy, do we really need to stoop to this? If you'd spent as much time as I have interacting with the people who are the victims of this litigation madness, I think you'd have a different take on it. This is really a very nasty campaign being run by some very nasty people. And the vast majority of its victims are defenseless people who don't deserve the anguish they are being put through.

      And the tactics the RIAA lawyers use are inexcusable.

      I've been in the litigation field for 34 years, and I've never seen anything like them.

      Question. You say "I'm as disgusted with the RIAA's tactics as anyone". If you're aware of their doctored non-evidence, their misstatements of fact, their misstatements of law, their abuse of the federal judicial system, and their inappropriate tactics... are you suggesting something like that is not "stuff that matters" or "news for nerds"?
      --
      Ray Beckerman +5 Insightful
    3. Re:Cowardly? Give me a break. by Paradise+Pete · · Score: 5, Insightful
      If they believe suing Harvard students would hinder rather than help their cause, well is that really being "cowardly" or is it being smart?

      If they thought what they were doing was legitimate they'd take on Harvard too. Harvard gets sued all the time. Just not by people like this.

    4. Re:Cowardly? Give me a break. by NewYorkCountryLawyer · · Score: 5, Informative

      If you're aware of their doctored non-evidence, their misstatements of fact, their misstatements of law, their abuse of the federal judicial system, and their inappropriate tactics Sorry, I honestly was not aware that they doctored evidence and lied in court. Do you have any relevant links that give examples of their treachery? Sounds like a good Sunday afternoon read to me ;-) However, I still stand by my statement that calling the RIAA a coward for not suing Harvard is like calling me a coward because I won't pick a fight with Bas Ruten. I could spend the next 2 days giving you examples; my blog is replete with examples. Here are just a few.

      Here they were caught in a lie to the Judge; here the Judge figured out that they were lying about an "emergency" need to file their cases WITHOUT NOTICE to the other side; here we discuss the fact that even though their expert witness has admitted that their investigator did not "detect" an individual, the RIAA's lawyers continue to sign false court papers stating to the Court that their investigator "detected an individual"; here's a recent pack of those lies which they submitted, in an undefended case, where the Judge realized that their first presentation of evidence didn't point to an infringement by the defendant; here's that Judge, and here's the State Attorney General of Oregon, catching them in those lies; and here's the junk science put forth by their 'expert', whose real 'expertise' is getting LAN operators to fork over $76,000 at a time in protection money in order to make the RIAA and him go away.
      --
      Ray Beckerman +5 Insightful
    5. Re:Cowardly? Give me a break. by ScrewMaster · · Score: 3, Funny

      The GP's tagline is particularly appropriate, I think: WARNING: If accidentally read, induce vomiting.

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Cowardly? Give me a break. by ceoyoyo · · Score: 4, Insightful

      They're not cowards, but it does indicate that they think their case is weak. If they believed they were in the right, both legally and morally, they wouldn't hesitate to sue Harvard as well.

      The fact that they DO hesitate indicates that they really are bullying -- they're taking cases they know have problems and pushing them only against those they see as weak enough not to recognize that weakness.

    7. Re:Cowardly? Give me a break. by NewYorkCountryLawyer · · Score: 4, Insightful

      From what I have seen, more than 50% of the defendants are people who did not do the allegedly infringing filesharing. I have one client who has never even used a computer. And many who have never even heard of, let alone engaged in, filesharing.

      --
      Ray Beckerman +5 Insightful
    8. Re:Cowardly? Give me a break. by earlymon · · Score: 5, Interesting

      Hi Ray,

      Many thanks for your fine work in this area.

      I have an experience leading to a question. I was involved in a civil suit, the other side's attorney pulled shenanigans, lying to the court, etc. My lawyer was incensed, and it seemed the suit was going to drag on for years, so he offered to settle with me for my hoped-for amount out of his pocket provided I release him to sue the other attorney (he was going to make way more money that way, he was that confident). I was ok with that, so that's how it went down.

      From that, I learned that attorneys can be sued for shenanigans - malfeasance? - and that's my question(s). Could the RIAA be stopped that way? Attorneys are officers of the court, that makes them liable for malfeasance charges, doesn't it? If not in court, what about the Bar Association(s)? (All I know about the bar I learned on TV.....)

      Can't the attorneys be punished and thereby discourage those practices? Is our system so broken that the answer is really no?

      Thanks,
      Earl

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    9. Re:Cowardly? Give me a break. by syousef · · Score: 4, Interesting

      I wonder if with this many clear examples of deceit, whether there may be either a case legal against either individual high profile lawyers or some other kind of action or censure can be taken against them. I'm just thinking off the top of my head about something you do for a living but my first instinct is that if a few of these lawyers were actually disbarred or their reputations were tarnished rather than embellished by working for the RIAA, might that be an effective tool against their using such tactics? At the very least some of the smarter lawyers who use these tactics might deem it not worth the risk?

      I also wonder if there might be a way to bring in this evidence at each and every trial. Unfortunately I can think of one very negative side effect for those defending against such tactics - weighing this evidence might make trials more costly (favouring the RIAA's deep pockets). However if it were presented well might it not be the difference between winning and losing? If done right is there any chance that showing this consistent abuse might result in similar actions being thrown out summarily?

      Surely there is something in the system that attempts to limit repeated abuse/harassment? Some kind of provision for those who cry wolf and tie the courts up. If not there sure ought to be.

      Are these thoughts pure fantasy or might this work in the real world? I defer to your wisdom in this. I am certainly not a lawyer. (I'm not even an American).

      --
      These posts express my own personal views, not those of my employer
    10. Re:Cowardly? Give me a break. by NewYorkCountryLawyer · · Score: 2, Interesting

      Surely there is something in the system that attempts to limit repeated abuse/harassment? Some kind of provision for those who cry wolf and tie the courts up. If not there sure ought to be. There is.
      --
      Ray Beckerman +5 Insightful
    11. Re:Cowardly? Give me a break. by NewYorkCountryLawyer · · Score: 4, Informative

      Can't the attorneys be punished and thereby discourage those practices? Yes they can be.
      --
      Ray Beckerman +5 Insightful
  7. Harvard = death star by module0000 · · Score: 5, Funny

    That's the comment I was looking for, seems pretty cut and dry to me.

    Pushing around smaller and less reputable colleges and students may be fine and dandy...but trying to shove your weight around against Harvard is like lil timmy firing his peashooter at the deathstar, the RIAA would be decimated and a huge precedent would be set. Better to just leav'em be.

    --
    Trackball users will be first against the wall.
    1. Re:Harvard = death star by Dephex+Twin · · Score: 5, Funny

      Rumor has it there is a 2 meter wide desktop computer in the president's office, and if they can successfully sue that then the whole campus goes down.

      Many paralegals died to bring us this information.

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
  8. Try Freenet by FreenetFan · · Score: 4, Interesting

    It is well worth trying out the Freenet p2p network. It is an anonymous distributed data storage system that is ideally suited to filesharing. I have been using it for the past few years and just recently it has got a lot faster and more usable. Music and movies are regularly shared and it can only take a few hours to get a full album. Speeds are slower than bittorrent etc., but that is to be expected - you never get something for nothing.

    1. Re:Try Freenet by ScrewMaster · · Score: 4, Insightful

      Why would you need an anonymous network when you're only sharing files licensed under Creative Commons and the like?

      Well, here's one good reason:

      1. You've correctly realized that the media companies don't really care if you're sharing files legally or not.

      I'm sure the rest of you can add to this list.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Try Freenet by NewYorkCountryLawyer · · Score: 2, Insightful

      the RIAA, MPAA, and MAFIAA can basically sue you on the sole premise that the files are available on your computer, meaning your IP address, which would be most easily accessible by the tracker. Not legally they can't.
      --
      Ray Beckerman +5 Insightful
    3. Re:Try Freenet by NewYorkCountryLawyer · · Score: 2, Informative

      Out of about 30,000 cases, one has gone to trial. And you're drawing a generalization from that single verdict?

      PS That case isn't over yet.

      --
      Ray Beckerman +5 Insightful
  9. The funny thing is... by lordvalrole · · Score: 2, Insightful

    I find it funny that they are targeting 7 out of 8 ivy league schools. Doesn't that say that maybe pirating is a good thing? Maybe these smart people know that pirating is illegal in the minds of the IP holders but don't care. They would much rather get educated and cultured through things like torrenting and other p2p programs. At what point does the public have a say in what is right and what is wrong? The way I view p2p and torrenting is that it is the biggest library of any kind. It holds not only entertainment but educational purposes as well. I have tons of videos, music, games, etc. that are very illegal but then again I don't care. 90% of that stuff I wouldn't of seen to begin with so I don't feel guilty about taking what I wouldn't of seen or heard or enjoyed. A lot of it is educational (ie. Modern Marvels, Discovery, History Channel, etc)

    I do not care about actors, musicians, directors, managers, producers because they all get paid no matter what. If they are good they will continue to get paid. When I see shows like MTV cribs...and what these celebs buy with my money...screw them. They don't need their 3rd or 4th super car. They don't need their insane boats or whatever it may be. I am sorry but actors/actresses don't need to be paid millions for their roles in movies. Musicians shouldn't expect $90,000 for a small gig at a club. Execs make way too much money for me to give a rats ass about me stealing a damn album.

    These guys have outdated ways of thinking and they are fighting for their last breath and instead of working with the consumers they go and fight the consumers. All I know is that I want to see propirating videos on youtube.

    1. Re:The funny thing is... by mr_matticus · · Score: 4, Insightful

      I do not care about actors, musicians, directors, managers, producers because they all get paid no matter what. No, they don't. The majority of them also do not make the kind of money that you (in your infinite wisdom, I might add) have deemed excessive. Most people in the industry, including many actors, live relatively normal lives. At most, if a project is successful, they'll use the unusually high return to buy a house (for financial security) or a nice car (to celebrate). Most of them don't have one "supercar", let alone three or four. Most don't live in Malibu estates.

      Actors and musicians also don't get paid for the time they actually spend doing most of the work--creating, rehearsing, making modifications, planning performances, and the like--you know, the kind of things YOU do at work while the money keeps rolling in before you finish. Artists, on the other hand, don't get paid until the work is done and rely on income for the performance. They get paid a lot because they get paid in lump sums.

      I am sorry but actors/actresses don't need to be paid millions for their roles in movies. But I bet you shop at stores run by corporations. Chances are you also work for one, contributing to their bottom line. Their executives make far more than most artists, even the very successful ones you so despise. Do you watch ESPN? Why do professional athletes get paid so much for so little. How about venture capitalists, lottery winners, and financial speculators who make huge amounts of money at once--but then make almost none for years?

      Frankly, people like you who reduce an entire industry filled with legitimate artists, millions of middle-class employees, and hardworking entertainers who love what they do to the same level as some slimy fat cats in it are just as bad as the RIAA. By your logic, doctors are cheap hacks, too. You shouldn't pay your bill because you don't think they should charge so much or have unattractive offices. They don't deserve nice houses or things that you, Joe Armchair, would be jealous of.

      90% of that stuff I wouldn't of seen to begin with so I don't feel guilty about taking what I wouldn't of seen or heard or enjoyed. A lot of it is educational Not educational enough, apparently. But you're right; there'd be plenty of income and jobs for everyone and a roaring economy if people just didn't pay for the things they didn't plan to buy. I mean, we wouldn't have enjoyed it if it weren't for the five-finger discount.
  10. Re:Of course by NewYorkCountryLawyer · · Score: 2, Insightful

    Well you're challenging the entire premise of my story, and I heartily disagree with you. These guys pick on defenseless people. That doesn't take anything except cowardice.

    --
    Ray Beckerman +5 Insightful
  11. Re:Elephant and Mouse situation by youthoftoday · · Score: 5, Insightful

    I would say that the RIAA is a white elephant

    --
    -1 not first post
  12. No it's not by langelgjm · · Score: 2, Informative

    The submitter of the story is Charles Nesson, who is Professor of Law at Harvard Law School. See also Wikipedia.

    I'm not sure if you're confused or just being a karma whore with the links, but no, the submitter of the story is not Charles Nesson. It would appear to be Ray Beckerman. Or better still, Ray Beckerman.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:No it's not by NewYorkCountryLawyer · · Score: 5, Informative

      The submitter of the story is Charles Nesson, who is Professor of Law at Harvard Law School. See also Wikipedia. I'm not sure if you're confused or just being a karma whore with the links, but no, the submitter of the story is not Charles Nesson. It would appear to be Ray Beckerman. Or better still, Ray Beckerman. Guilty as charged.
      --
      Ray Beckerman +5 Insightful
  13. What's happening at Yale? by jc42 · · Score: 4, Interesting

    As everyone knows (;-), Yale and Harvard are also primary competitors in their law schools, and Yale turns out about as many lawyers as Harvard. In fact, there have been some interesting studies done comparing the two schools, which have radically different teaching cultures in their law schools. The conclusion seems to be that both work quite well, and their graduates have roughly the same success rate after graduation.

    So what's going on between the RIAA/MPAA and Yale? Does Yale's reputation as being the "nice" law school (if that's not an oxymoron) result in them being attacked more or less? Anyone have data?

    Just curious ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:What's happening at Yale? by Comatose51 · · Score: 4, Informative

      Yale Law is one of the smallest in this country and very selective. Their philosophy is also different from Harvard. They place a great deal of value on public service with strengths in constitutional law and focus on human rights. This is why the school produces quite a few politicians and judges: the Clintons, Gerald Ford, justices Alito and Thomas, and Michael Mukasey.

      --
      EvilCON - Made Famous by /.
  14. The Reason by phiz187 · · Score: 5, Insightful

    I think one likely reason that the RIAA/MPAA are avoiding Harvard is because of the Berkman Center for Internet & Society which is an outgrowth of the Harvard Law school. You may be familar with Berkman through the Chilling Effects Clearinghouse, OpenNet Initiative (mapping government repression of the Internet worldwide), and the Stop Badware projects.

    Berkman is very forward-looking and proactive regarding emerging issues of Law and Technology. The various fellows have been vocal and supportive of copyright reform. With such an interested, knowledgeable band of law professors and law students, it would be a serious black-eye if the RIAA attempted to litigate on the Harvard campus. I have to believe that they would be handed a bruising defeat, that would establish precedent regarding their campaign of extorting* settlement monies from poor college students.

    * I mean extortion in the common, non-technical sense. Don't sue me for libel please.

    --
    Pretend I said something meaningful or insightful here.
  15. Re:Of course by ScrewMaster · · Score: 2, Insightful

    No, Mr. Beckerman, you misunderstand me. My comment was not meant to be in support of the media companies. I haven't bought anything from those people since 1981, because a little research convinced me that they were an overtly amoral operation that I couldn't, in good conscience, continue to support. They still are, and I still feel the same way. Most people don't even want to know who they're dealing when they buy their music, because then they might have to wonder where the cash from that last CD they bought actually went.

    I just meant that it takes a certain degree of intestinal fortitude to keep doing what they do, for as long as they've been doing it, and not become violently ill from a sense of self-loathing.

    --
    The higher the technology, the sharper that two-edged sword.
  16. Re:Submitter is Charles Nesson, Professor of Law by Zocalo · · Score: 4, Interesting

    Actually, "NewYorkCountryLawyer" is the Slashdot ID of Ray Beckerman, attorney at Vandenberg & Feliu and long standing pain in ass of the RIAA. Charles Nesson and John Palfrey wrote the original Harvard response to the RIAA which was orignally covered at Information Week, then picked up by P2PNet and Ray Beckerman's own blog, amongst others.

    --
    UNIX? They're not even circumcised! Savages!
  17. Re:Of course by NewYorkCountryLawyer · · Score: 3, Insightful

    Yes but in my life experience I have not found a correlation, but rather an inverse relationship, between "intestinal fortitude" and "capacity for cruelty". And I think this story supports my theory: All bullies are cowards.

    --
    Ray Beckerman +5 Insightful
  18. Re:Still... by PixelScuba · · Score: 4, Insightful

    Completely off topic... but I have always hated that phrase. I know plenty of people who "do" but don't actually "know" what they're doing... and plenty of people who "Don't" who teach... that DO know. The phrase always struck me a a snide comment against teachers, as though we are incapable of anything else so we teach. Many people who know what they're doing would make TERRIBLE teachers... which happens quite frequently in college. They are hired for their status and intellect for the college... but they don't know the first thing about teaching that knowledge.

    Sorry, it's just that that phrase seems to carry a certain hubris that irritates me.

  19. Re:Of course by NewYorkCountryLawyer · · Score: 2, Insightful

    They may be 'stupid', 'insensitive', 'mean', 'cruel'. That is not 'ballsy'. Ballsy is those few people who have stood up these ghouls.

    --
    Ray Beckerman +5 Insightful
  20. Re:Elephant and Mouse situation by iminplaya · · Score: 2, Funny

    Far too many still see them as a Goose That Laid the Golden Eggs. Time to turn that percepction around.

    --
    What?
  21. Berklee and Julliard also immune seemingly by TibbonZero · · Score: 4, Interesting

    Everyone thinks it's just Harvard that isn't being touched. To the best of my knowledge (haven't checked recently, but I tried to find any instance of this about 6 months ago), they have yet to touch a single Berklee College of Music, or Julliard student/faculty member. I mean, it's not surprising. It would be pretty funny for the RIAA to have tried to sue John Mayer a few years ago (when he was attending Berklee) only to have some of their member companies trying to woo and sign him a few months later.

    Then again, while music students have more music downloaded/shared in general than almost anyone else I know, they also actually purchase more music than anyone I know.

    --
    Tibbon
    tibbon.com
  22. Re:Elephant and Mouse situation by youthoftoday · · Score: 3, Funny

    I agree. But they're right to be scared of Harvard's lawyers -- they must be the bee's knees

    --
    -1 not first post
  23. Re:Incorrect Information by NewYorkCountryLawyer · · Score: 4, Informative

    This article is incorrect. Only 6 out of 8 Ivy League schools were targeted. The author seems to have mistaken Duke for Cornell. You are absolutely right, I stand corrected. Duke was incorrectly included. The Ivy League schools targeted in this round were Brown, Columbia, Dartmouth, Princeton, Penn, and Yale. Cornell was targeted in September.
    --
    Ray Beckerman +5 Insightful
  24. As a lawyer... by BlabberMouth · · Score: 4, Insightful

    I find the cowardice suggestion highly unlikely. It makes absolutely no difference that Harvard has a law school. Yale's is arguably better. Sometimes you make strategic decisions in litigation. If there is one defendant who is going to fight very hard, and has let you know as much, sue the other defendants first and create precedent. Not suing Harvard now doesn't mean Harvard won't be sued.

  25. RIAA @ non-Ivy by Lord+Aurora · · Score: 2, Interesting
    I go to a non-Ivy League school down south (with Ivy-comparable academics and admissions statistics), and the RIAA is poking around down here too. I got an email a few weeks back from the IT department entitled "Notice of Alleged Copyright Infringement," and it the RIAA's complaint against me. The complaint was that I was sharing a song (one single song, oddly enough) on LimeWire. It had the full body of the message the RIAA sent my school, duplicated below for your enjoyment. I changed LimeWire around so it no longer put songs up for sharing, didn't really want to get into an argument with anyone for something that was admittedly "illegal." I'm vaguely interested in how the RIAA found out it was me, and what else they're doing to LimeWire, but oh well. Not too worried. We don't have a lawsuit against us, so everything's good.

    Dear Sir or Madam: I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture, and distribute approximately ninety (90) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet. We believe a user on your network is offering an infringing sound recording for download through a peer to peer application. We have attached below the details of the infringing activity. We have a good faith belief that this activity is not authorized by copyright owners, their agent, or the law. We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove or disable access to the infringing sound recording. We believe it is in everyone's interest for music consumers to be better educated about the subject of copyright law and music. In addition to taking steps to notify this network user about the illegal nature of this activity, we encourage you to refer him/her to the MUSIC Coalition's website at www.musicunited.org. The site contains valuable information about what's legal and what's not when it comes to copying music. You should understand that this letter constitutes notice to you that this network user may be liable for the infringing activity occurring on your network. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, your institution may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained. Moreover, this letter does not constitute a waiver of our members' right to sue the user at issue for copyright infringement. Thank you in advance for your prompt assistance in this matter. If you have any questions, please feel free to contact me via e-mail at antipiracy2@riaa.com, via telephone at (202) 775-0101, or via mail at RIAA, 1025 F Street, NW, 10th Floor, Washington, D.C., 20004. Please reference Case ID A384215717 in any response or communication regarding this infringement. Sincerely, Jeremy Landis Online Copyright Protection RIAA
    --
    The heavens do not fall for such a trifle.
  26. Re:Still... by morcego · · Score: 2, Insightful

    I would even go an extra mile here.
    Knowing how to TEACH is much more difficult than knowing the subject.

    I have very poor teacher that knew a lot about the subject. I learned nothing from them.
    I had great teacher that knew the subject well, but not lots. I learned a lot from them.

    Anyone can know about any subject. All it takes is a book and some practice (to understand it). However, try and teach a bunch of teenager kids, and your views of teaching will change very fast.

    Good teacher are a rarity. If you take a class of 100 CS students, you will probably end up with 50 or 60 good programmers, 2 or 3 exceptional programmers. If you can get 1 good teacher from those 100, you are in luck. In most cases, you don't get a single one.

    --
    morcego
  27. A lawyer's responsibility by misterhypno · · Score: 2, Interesting

    A civil litigation lawyer has several respinsibilities:

    1) To represent his or her client(s) in the best and most effective manner possible.

    2) To plead cases that they can win - to do otherwise violates Responsibility #1

    3) To make money for their client or to prevent their client from losing money by counseling them not to try a case that is not winnable and/or to settle out if necessary to minimize damages.

    The attorneys for the RIAA are civil litigation attorneys.

    When the target of litigation is Harvard University, arguably the most prestigious law school in the world, by counseling against pressing action against the university, these attorneys are flfilling all three of these Responsibilities because you can bet your bottom dollar that the legal counsel for Harvard University will most assuredly make the pressing of ANY case against them an EXTREMELY costly affair, indeed! Not to mention that trying to win against the best law school in the world is a really, really tough thing to do...

    And, by doing so, they are effectively representing their clients.

    In any law practice, that's a Good Day at the office!

  28. Why? by TheVelvetFlamebait · · Score: 2, Interesting

    Why?

    They don't really need to cost us anything. They're a self-autonomous entity, capable of earning the money to sustain itself off people who like what they do, and because there are many people out there who do, they are very valuable. The only reason they're having any significant impact on the rest of society is because of piracy. I would have thought that piracy itself would be the liability here.

    An analogy: a man keeps getting assaulted by assassins, and cries foul murder over and over again. Everybody is sick of him screaming. Would the sensible approach be a) dispatch with him, or b) dispatch with the assassins?

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  29. I'm a senior at Harvard by ystar · · Score: 5, Interesting

    and from what I can tell
    1) most kids here are too busy with chairing their Model-UN-Investment-Banking-Labor-Movement meeting to even care about music, so they listen to a few cds and buy tracks from itunes (like many college campuses with high tuition, most kids have some hardware from apple) and hear most of their music on the loudspeakers at god-awful binge drinking parties
    2) the few kids who listen to a lot of music are into indie bands, and the RIAA seems to go after folks who download more popular tunes. also there's pretty significant downloading/computer-illiteracy here (kids dont have the time to waste playing with the computer, and thus dont really understand where to get music illegally)
    3) there's only like a couple hundred cs majors here, and there's only one out of that group with immaculate taste in music (me!) so I'm probably the only person at harvard that the RIAA could ever be angry at, but I don't download music.

    There's nobody to sue!

    Note to reader: The error bounds on this comprehensive study may be non-trivial. :)

    1. Re:I'm a senior at Harvard by porcupine8 · · Score: 2, Funny

      Well, the people who couldn't get into MIT had to go somewhere, didn't they?

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
  30. Circumstantial Evidence by Symbha · · Score: 4, Insightful

    That:
    1) They know they're case(s) are weak
    2) Their campaign is most certainly not about suing wrongdoers. It's about calculated methods to change copyright by case law.

    Really this won't stop until someone with resources starts playing in their playground.
    That is, attacks the xIAA for racketeering, price fixing, extortion, by way of the civil courts this is not likely to end soon.

    The US legal system is simply broken. Our society treats corporations as equals, yet they are designed to pool capital. Anyone can sue, with little recourse, and if you have enough money, you can make it so the average man cannot possibly fight back. Meanwhile, all the time that you spend fighting the lawsuit, you find it very difficult to better your life in any other way, even save and/or invest.

    And if you start talking about methods to put the system back in check... well then you are labeled a socialist or a communist. There has been legislation all throughout the preeminent authority's tenure on free market capitalism, but I dare you to start talking about Antitrust legislation now.

    But I digresss...

  31. Re:RICO by DoofusOfDeath · · Score: 4, Insightful

    Recording Industry and Creationist Organization

    And that's not a troll, exactly how?

    How on earth did Creationists get categorically thrown into the same class of groups as the RIAA, Nazis, and patent lawyers?

    I'm agnostic, but I know many Creationists who are just trying to find the world view that makes the best sense of their experiences, their reasoning, and various bits of historical evidence. I'm getting pissed that popular sentiment on /. is becoming that Creationists are a bunch of evil, ignorant bastards who are out to wreck the public teaching of science.

    Creationism is a world view and a particular take on history, not a political practice. You might judge some Creationists to hold their views for bad reasons or insufficient evidence, but the same could be said of many reductionist evolutionists. But I know plenty of people smart, articulate reasons who understand the debate and have judged it more probable that creationism (not necessarily young-earth creationism) is the most-likely correct account of natural history.

  32. Re:Elephant and Mouse situation by ozmanjusri · · Score: 3, Funny
    An analogy: a man keeps getting assaulted by assassins, and cries foul murder over and over again.

    With competent assassins, this becomes much harder.

    Or are we talking zombies and ninja assassins here? 'Cause that'd make a great movie.

    --
    "I've got more toys than Teruhisa Kitahara."
  33. Re:RICO by Simian+Road · · Score: 3, Insightful

    Amongst 1st world nations, the USA is the only one that has a large portion believing in creationism. The rest of the developed world thinks of it as a joke.

  34. United we stand, Divided we Fall by JaQuinton · · Score: 3, Insightful

    I dare not pretend that I understand all the ins and outs of colleges and law but it would appear to me that more then just Harvard can get away from being targetted. If all colleges and universities were to stand united, perhaps law schools providing the legal front, against the RIAA and develope a system or group that is designed to protect students from this type of thing then maybe all these cases would drop. I'm just a junior in High School, when I go to college I dont want to have these types of issues to deal with. Instead of the universities giving in they should stand together and provide eachother with support. Surely there is strength in numbers.

    --
    I am a lowly high school student... please dont assume im an expert.
  35. Re:Actually, they're suing 7/8 of the Ivy League. by NewYorkCountryLawyer · · Score: 3, Interesting

    It's not like they're only suing a bunch of 2-year community colleges. They've never sued any university or college.

    If they sued a university or college, they'd have a fight on their hand... which is what the RIAA assiduously avoids.
    --
    Ray Beckerman +5 Insightful
  36. An Open Letter to Dorks and Losers by kamapuaa · · Score: 4, Funny
    "All bullies are cowards. Appeasement of bullies doesn't work. Standing up to bullies and fighting back has a much higher success rate."

    Hello. My name is Terrence "Mongo" Rennet, and I represent the American Council of Bullies, Toughs, and Schoolyard Ruffians. I'm here to clear up some tragic misconceptions about bullies and their place in the academic hierarchy, misconceptions that have gone unchallenged for too long. It is my hope that by "clearing the air," as it were, bullies and bullied can walk with head erect or cower behind lockers respectively with a newfound respect for one another.

    Myth: Bullies are just jealous of your intelligence, sensitivity, or ability to play the oboe.

    Fact: Bullies have no more jealousy of your mental abilities than we have of your clean, well-ironed, unfashionable clothing. To the contrary, we are profoundly glad that you have chosen to develop your mental prowess, leaving your body weak and defenseless against our brutality. For that we thank you, even as we elevate your underwear.

    Myth: Bullies suffer from low self-esteem, and victimize others to make themselves feel better.

    Fact: While each bully has his (or her, as is increasingly the case) own deeply personal reasons for bullying, I can assure you that a poor self-image is not one of them. To the contrary, bullying is a high-pressure occupation, and only someone with an unusual amount of self-confidence will have the elán to shake down younger students efficiently while evading authority. Children without self-confidence tend instead to spend recess in the library, the computer lab, or pretending to be warriors in ridiculous fantasy games. Sound familiar?

    Myth: If you stand up to a bully, he will reveal himself to be a coward.

    Fact: This is perhaps the most hurtful stereotype of them all, in the sense that if you try it we will hurt you. Endless movies and after-school specials depict a tormented victim finally working up the courage to attack his neighborhood bully, after which said bully runs away crying and -- I must chuckle here -- calling for his mommy. What writers of these "entertainments" don't realize is that bullies invariably establish a complex ritual pecking order through constant low-level violence against each other. Haven't you noticed us punching each other in the shoulder at the bus stop? Then you've witnessed the magic of our social structure. Even if you, with your weak, gelatin-like arms were able to do us physical harm, I can assure you that we would recover faster than you can recite your grade point average and teach you a few things about savage poundings you can't learn from Spider-Man comics.

    With that thought, I take your leave, confident that I have, in my own small way, improved the world's understanding of the art and craft of bullying. Good day, and if I see you after school you're dead meat.

    brunching.com

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
    1. Re:An Open Letter to Dorks and Losers by NewYorkCountryLawyer · · Score: 3, Interesting

      I enjoyed your most persuasively written post, although perhaps not as much as the RIAA's lawyers did. However, I can assure you that my rules regarding bullies are not "myths" but rules drawn from intensive personal experience on the streets of South Ozone Park, Queens.

      I am sure even you will agree that

      1. Appeasement would never deter a bully.
      2. A 'dork' or 'loser', or apparent dork or loser, standing up to a bully, enjoys the element of surprise.
      3. Courage is a measure of internal fortitude and heart, not a measure of physical prowess.
      4. Throughout history, there have been many instances in which courage carried the day against physically superior force.

      As to any suggestion that the RIAA lawyers, who likely occupy leadership positions within your organization, will prevail... we shall see, we shall see.

      With all due respect to the fine work carried on by your organization, I must reiterate; all bullies are cowards. I call upon your members to follow the lead of Darth Vader, and abandon the ways of the Dark Side.

      --
      Ray Beckerman +5 Insightful
  37. Re:not cowardice by NewYorkCountryLawyer · · Score: 3, Informative

    The strategy of the scavenger, the coward and the bully. The only effective response is to make sure there are no easy targets, even if that means representing the most vulnerable pro bono or establishing some kind of legal defense fund. Agreed. Here are 3 recommended places:
    Expert Witness Defense Fund (For technical expert witnesses, technical consultants, and computer forensic examiners);
    Marie Lindor Legal Defense Fund (For defense of UMG v. Lindor);
    Jammie Thomas Legal Defense Fund (For defense of Capitol v. Thomas).
    --
    Ray Beckerman +5 Insightful
  38. Re:RICO by ScrewMaster · · Score: 3, Insightful

    Do you have even the slightest idea what you're talking about? No? I thought not.

    The attitude that comes across from so many non-American posters on Slashdot is interesting. They feel perfectly free to lump ALL Americans into some arbitrary (usually negative) category, criticize us, and call us names (even though we built the largest industrial economy and military on the planet, not something usually accomplished by Flat Earthers.) On the other hand, if an American says anything remotely similar you take umbrage. ALL French are cowards. ALL British are stuck-up. ALL Arabs are terrorists. ALL {insert nationality here} are {insert favorite racial epithet here.} You can talk about Americans not being able to think for ourselves, but we're the ones with all the "intellectual property" that bootstrapped China and India into the industrial age.

    Ten to one the Chinese aren't too interested in what your country has to offer, except maybe target practice. For your sakes, you'd better hope we don't collapse too soon, before you've had a chance to build up your own defenses. Russia and China are going to be on the world scene in a major way, sooner or later. Mark my words. When that happens, you'll be wondering why you were complaining so loudly about us.

    If you had even bothered to read any of the posts left here by politically-aware Americans (and there are many) you'd find out that A LOT OF US OBJECT TO THE SAME THINGS YOU DO. But nope ... always the same thing. ALL Americans are useless, stupid people that want nothing better than to watch their big-screen TV sets and take over the world.

    You, sir, are an ignorant, hypocritical prick. Don't bother replying, I've wasted enough keystrokes for the evening.

    --
    The higher the technology, the sharper that two-edged sword.
  39. Re:Who are the cowards? by NewYorkCountryLawyer · · Score: 2, Informative

    It's a smart move not to sue someone who is willing to fight back when you have little to no case. Yes of course it's a smart move. The RIAA has never sued ANY college or university, because they know if they did they would have a fight on their hands.
    --
    Ray Beckerman +5 Insightful
  40. Re:RICO by protektor · · Score: 2, Interesting

    Got any proof for that, any links of real studies and surveys or is that just some comment you pulled out of your ass with no real basis in reality, just wishful thinking.