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A Look at The RIAA's War Against College Students

NewYorkCountryLawyer writes "p2pnet.net has put together a fascinating retrospective on the RIAA's war against college students, commenced February 28, 2007. The campaign is described as one to 'force "consumers" to buy what they're told to buy — corporate "content," as the Big 4 call their formulaic outpourings.' In a scathing indictment not only of the major record labels, but of those schools, administrators, and educators who have yet to take a stand against it, Jon Newton reviews a number of landmark moments in the 11-month old 'reign of terror'. They include the announcement of the bizarre 'early settlement' sale, the sudden withdrawal of a case in which a 17 year old Texas high school student had been subpoenaed while in class during school hours to attend a deposition the very next day during his taking of a standardized test, the call by Harvard law professors for the university to fight back when and if attacked, and the differing reactions by other schools."

43 of 159 comments (clear)

  1. $$$ is King by robinsonne · · Score: 5, Interesting

    More and more, corporate America has been ready and willing to screw over the "consumer" in order to make more money. The media industry's stranglehold on their particular market is a stockholder's dream come true.

    As long as people are willing to shell out the $$ for the crap they keep shoveling out, not much is going to change.

  2. Max Headroom all over again. by Z00L00K · · Score: 2, Interesting
    The world is starting to look more and more like the world of Max Headroom.

    So it seems like the controversy if the rights to the TV series may actually be a facade that's used to avoid citizens to be too well-informed about the dark future that lies ahead.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  3. Death throes by HW_Hack · · Score: 2, Insightful

    A large predatory animal can be quite dangerous once wounded (by lack of CD sales) and will attack anything

    --
    Its not the years, its the mileage .....
    1. Re:Death throes by Anonymous Coward · · Score: 2, Interesting

      The RIAA/MPAA morons haven't figured out that attacking the teens and young adults of today is the same as attacking the older adults of tomorrow. And those older adults will remember how they were treated and some will become politicians. "Death throes" is right on target.

    2. Re:Death throes by ilikepi314 · · Score: 2, Insightful

      That's too far in the future for them to even fathom. The whole reason they're doing this is they want profits NOW. No delayed gratification, they want to be rich right now.

      These organizations may not survive another generation if they keep bullying the younger kids, but it won't matter to current CEOs at all; by then, they'll be rich and retired and possibly even already passed away. It largely won't impact them if we aren't going to do anything about it for 20 years, so why should they care? They're getting away with it so far. They may not be all that stupid; actually, somewhat smart, just very near-sighted and not very ethical.

      They'd stop this nonsense in a heartbeat if a couple judges made a stand and said they owed millions for making a stupid lawsuit; that threatens their retirement in the Bahamas, and they'd rather lay off the lawsuits than loose their riches.

  4. Incoherent article by Jeff+DeMaagd · · Score: 4, Insightful

    "The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content," as the Big 4 call their formulaic outpourings.' "

    If it's really crap like you say, is it really worth listening to at all? Why even download it "for free" if you think it's crap? It just sounds like a sad excuse to download. There are alternatives to "Big 4" music, unfortunately, sometimes the anti-RIAA crowds neglect to mention them.

    1. Re:Incoherent article by eiapoce · · Score: 4, Informative

      There are alternatives to "Big 4" music, unfortunately, sometimes the anti-RIAA crowds neglect to mention them. Here you go: http://blue.jamendo.com/ free, legal and... sounds better.
  5. Scathing indictment? by Mike1024 · · Score: 4, Insightful

    The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content," as the Big 4 call their formulaic outpourings.' In a scathing indictment not only of the major record labels, but of those schools, administrators, and educators who have yet to take a stand against it


    The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

    If the content is good enough that you want access to it, you either have to pay for it, or accept a small but nonzero chance of being sued and fined for copyright infringement.

    I also don't see that universities need to cover for students engaging in copyright infringement. If you connect to a torrent of 'Heroes' or 'House' or whatever, your IP address gets recorded, and the copyright holders subpoena the university to know what user had that IP address at that time, why does the university need to 'take a stand against it'?

    Now, I'd certainly agree that some stories on slashdot talk about inexplicably large fines being requested. And certainly innocent people who are wrongly accused should be entitled to reclaim reasonable costs for their defence. But to say students are being forced to buy record labels' music, or to say that universities have a responsibility to cover up lawbreaking by their students, doesn't really make sense to me.

    In other words I found the article less 'scathing' and more 'worded emotively'.

    Just my $0.02.
    --
    "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    1. Re:Scathing indictment? by whthat · · Score: 3, Insightful

      Problem with just say if the RIAA's content is bad don't download it is that the RIAA has a bad track record of going after suspected downloaders. Often they "catch" other peoples copyrights in their fishing expeditions. Perfect example is in your statement: Neither 'Heroes' or 'House' would fall under the RIAA, being NBC and Fox held copyrights, but the copyright laws are so mucked up that its almost impossible for even the people who study it to clear up. The other point most people forget is not all downloading is illegal, some of it falls under fair use. The reasoning behind the universities protecting their students are two fold: 1) The RIAA's cases tend to be over zealous and often disruptive to the network. 2) If the RIAA can push hard enough they may be able to claim the university is enabling the copyright infringement and then charge the university as an accomplices.

    2. Re:Scathing indictment? by itsdapead · · Score: 5, Interesting

      The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

      And an innocent man has nothing to fear from the Police... Good luck with that.

      The issue is not that people who download music without paying for it should get given a lollipop and a pat on the back.

      The issue is that people who are accused of downloading music should get a fair hearing, the chance to defend themselves (mistakes do happen) and face a punishment proportionate to the "damage" done to industry and society by their "crime".

      They should not be faced with a "Hobson's choice" of "Confess, and pay this meerly ruinous fine - or defend yourself and hope your parents don't mind selling their house & one of your little sister's kidneys if you loose."

      So how much damage is done? Well, look at your CD collection: how of them are only there because, once upon a time, someone gave you a tape (remember those?) or MP3 of the artist, and when their next album came out you bought it? Hmm...

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    3. Re:Scathing indictment? by SanityInAnarchy · · Score: 5, Interesting

      I'll admit TFA doesn't make it obvious, as they seem to be against copyright or something, but

      The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

      Are you really that naive?

      The RIAA (or MPAA? I always lose track) has, so far, sued 12-year-olds, people who have never used a computer (and don't know how), people who are dead...

      Frankly, I don't care whether who they catch, or how guilty they are -- they are the worst example of a "fishing expedition". I honestly don't know how they "catch" people, but I suspect they just throw a dart at a phone book or something.

      But to say students are being forced to buy record labels' music,

      I'd have to look up the exact article, but yes, there have been cases where universities have bought subscriptions to services like Napster or the Zune Store in order to provide students a place to legally download music, on the assumption that without providing this service, students would illegally download music.

      or to say that universities have a responsibility to cover up lawbreaking by their students

      NO. WRONG ATTITUDE.

      Why should the universities have a responsibility to turn over their students? Especially on practically no evidence?

      I'm sorry, but this is pretty much like saying "You're with us, or you're with the terrorists." Refusing to cooperate doesn't mean you're suddenly taking the other side, or that you're "covering up" anything, or, indeed, that there is even something to cover up.

      In particular, if an IP-address-to-student mapping is considered private, I'd say you need more than "Well, 50% of college students pirate -- oh wait, I totally pulled that number out of my ass, but give me their names anyway!"

      --
      Don't thank God, thank a doctor!
    4. Re:Scathing indictment? by Mike1024 · · Score: 4, Insightful

      The issue is that people who are accused of downloading music should get a fair hearing, the chance to defend themselves (mistakes do happen) and face a punishment proportionate to the "damage" done to industry and society by their "crime".


      Well, I did say that some of the fines talked about on slashdot are inexplicably large, and that people who are wrongly accused should be entitled to reclaim reasonable costs for their defence.

      I was under the impression that you could go to court, demonstrate (through inspection by an impartial expert third party) that there was no evidence of file sharing on your computer (e.g. your MP3s are ripped from CDs, or are from iTunes, or are distributed as MP3s by the copyright holders; and you don't have KaZaA or something installed with your MP3 directory shared, your BitTorrent client has only legitimate downloads running, etc.) and you'd be let off. It should take an afternoon, and cost no more than a few hundred dollars, which the record labels have to pay after you are found innocent.

      Does it not work like that?
      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    5. Re:Scathing indictment? by Mike1024 · · Score: 3, Funny

      or to say that universities have a responsibility to cover up lawbreaking by their students


      NO. WRONG ATTITUDE.

      Why should the universities have a responsibility to turn over their students? Especially on practically no evidence?

      I'm sorry, but this is pretty much like saying "You're with us, or you're with the terrorists." Refusing to cooperate doesn't mean you're suddenly taking the other side, or that you're "covering up" anything, or, indeed, that there is even something to cover up.


      It's pretty easy to gather evidence - so easy, in fact, I assumed the record labels do it. You just connect to a torrent, download the content to ensure it is infringing, and log time/IP address of all the other peers who are downloading/uploading.

      You then take this evidence to court, and the court issues a subpoena for the recorded holder of the IP address (the university) to identify the person using the IP address at that time.

      If record labels have enough evidence to get courts to issue subpoenas (they could easily gather this much evidence), and have a court-issued subpoena, I hardly call that "hardly no evidence". I also wouldn't say I have a "You're with us, or you're with the terrorists" attitude.
      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    6. Re:Scathing indictment? by ZombieRoboNinja · · Score: 2, Insightful

      >>The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

      The problem (at least according to one semi-conspiracy-theory) is that there's lots of GOOD music on those Big 4 labels as well, but the labels don't respect what they "own." They'd much rather have people encountering music through avenues they basically own, like ClearChannel radio and MTV and big chain record stores. Why? Because bands that become popular on their merits will eventually figure out they can do without the labels, like Radiohead did, whereas artists that are totally reliant on the industry's marketing (like Britney Spears) aren't likely to stray from the flock.

      >>I also don't see that universities need to cover for students engaging in copyright infringement.

      The issue is that the RIAA isn't just using due process to get colleges to turn over IP records. They're trying to strong-arm universities into installing programs to monitor their students' internet downloads. For a lot of universities, this is seen as a bad idea on principle, since they want to at least seem "pro-free-speech." (They've got the free-speech zones and everything!)

    7. Re:Scathing indictment? by Foobar+of+Borg · · Score: 2, Insightful

      If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.
      I don't buy CDs anymore. I also don't download. I just don't give shit anymore. Entertainment is not a necessity, though it would be nice for some form of culture to actually exist. Unfortunately, with the slipshod way RIAA handles things in pre-litigation (I'm surprised they haven't tried to sue cloistered monks by now), there is still a chance that I will wind up getting sued.

      The only way to save any kind of culture in the US is to stop buying or downloading anything. We don't have a real culture anymore because culture is now largely what RIAA and MPAA says it is.

    8. Re:Scathing indictment? by Dun+Malg · · Score: 4, Informative

      I was under the impression that you could go to court, demonstrate ...that there was no evidence of file sharing on your computer and you'd be let off. It should take an afternoon, and cost no more than a few hundred dollars, which the record labels have to pay after you are found innocent.

      Does it not work like that? Are you kidding? How much does your lawyer cost? How much does this impartial third party expert cost? How much many days off work does it take? Not a chance in hell you could get away only a few hundred dollars down. When the RIAA brings you to court, they're there for blood. They want you to pay their settlement, not challenge their assertion. They'll stretch it out till the end in an attempt to run out your money. And uless you can show they brought the suit basically knowing you were innocent, don't expect a dime's reimbursement for your costs.
      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:Scathing indictment? by m.ducharme · · Score: 5, Informative

      Erm, no it's not that easy, and costs more than a few hundred dollars. It's not like the RIAA lawyers are going to let you go into a courtroom and say "I'm innocent! See? No evil Kazaaware on THIS computer! They get "experts" to testify that someone at your IP address was downloading songs, and you need to hire your own experts to counter them or the judge rules for the RIAA and not for you. Here in Canada an expert witness runs about $2k for a written report and at least as much to appear in court for you for a day. I'm sure it's more in the US. so we're already over the $3k "settlement offer" the RIAA customarily makes, and we haven't even hired a lawyer yet. We have one expert (you'd be lucky to get away with one -- you need one expert for every one the other side has if you're at all serious about defending yourself), and one Defendant, representing himself or having a lawyer do the work pro bono. For one day. If you won your motion (the average joe probably couldn't afford a Trial, the lost wages alone would kill you), then you get to argue for costs, which means several more days in court, and you're not guaranteed to win. All this is assuming that the Plaintiff's lawyers aren't playing dirty, which of course is false. If one side plays a dirty game you can multiply the costs and time taken by 10, easily. Now all this is assuming the most bare-bones defence you can get, and if you go against the music companies with bare bones, you will get beaten soundly. There's no question about that. To mount a proper defence you would need a very good lawyer (this may be the cheapest part, given that there may be lawyers looking to make a name for themselves in this area of law, possible assistance from the EFF; a growing body of legal resources helps too), a battery of expert witnesses, buckets of money, and lots of free time. And don't expect to recover all your costs. You can expect to be out thousands of dollars, maybe tens of thousands of dollars, and that's if you win.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    10. Re:Scathing indictment? by itsdapead · · Score: 2, Interesting

      Agreed, but that's more an issue with our legal system than an issue with the RIAA itself, right?

      True - of course - although some organizations seem to be particularly creative in exploiting the flaws in the system!

      However, there's also the related propaganda campaign to promote casual copyright infringement as a crime against humanity. Don't be surprised if the next special DVD edition of Se7ev is re-named 8ight and features a new horrific scene in which a gibbering victim is found strapped to a table with iPod phones superglued into his ears and an inferior quality 'torrent download of "The Best of Boy Bands" on infinite loop...

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    11. Re:Scathing indictment? by NewYorkCountryLawyer · · Score: 3, Insightful

      If record labels have enough evidence to get courts to issue subpoenas (they could easily gather this much evidence), and have a court-issued subpoena, I hardly call that "hardly no evidence". Correct. What they have cannot be characterized as "hardly no evidence".

      I would characterize it as "no evidence at all". They have zero evidence that the defendant infringed their copyright. They have admitted under oath that their "investigation" does not detect any individual doing anything.

      The reason the judges have signed orders authorizing the subpoenas is because the proceedings are ex parte -- there is no opposition, no one even knows it is going on. I.e., the judges have been hoodwinked. Occasionally, though, some judges see through it.
      --
      Ray Beckerman +5 Insightful
    12. Re:Scathing indictment? by ScrewMaster · · Score: 3, Informative

      It should take an afternoon, and cost no more than a few hundred dollars, which the record labels have to pay after you are found innocent.

      Do you have even the slightest idea what you're talking about? This is the American legal system we're talking about here: there are traffic tickets that cost more than a few hundred dollars. Defending yourself against a lawsuit (frivolous or otherwise) takes a hell of a lot more than that.

      --
      The higher the technology, the sharper that two-edged sword.
  6. Just a cursory overview by betterunixthanunix · · Score: 5, Insightful

    This is nothing more than a mere glance at the true extend of the RIAA's campaign. The number of students the RIAA has sued, most of whom couldn't hope to pay off a settlement or a lawyer to bring the case to trial, numbers way into the thousands. The truly insidious part is just that: the RIAA has billions of dollars available to sue people, and could keep the cases in litigation until the defendant just runs out of money and is forced to settle. There is no due process here, there never could be in cases like these.

    --
    Palm trees and 8
  7. Who cares how it's 'described?' by ScentCone · · Score: 4, Interesting

    How something is 'described' by someone else with an agenda matters very little (unless a lot of people fall for it). It's just as reasonable to 'describe' millions of college students as "people who want to force their favorite artists to provide them with entertainment for free." Which is more accurate? That performers, and the studios they work with, want to actually "force" someone to buy something, or that many people who swear they love a particular performer or recording artist are none the less happy to rip of that person's work, despite the wishes of the very performer they claim to respect?

    Neither description covers everyone. But saying that a recording artist wants to "force" people to pay for the entertainment they're providing is a lot like saying that a movie theater wants to force people to actually pay for a ticket on their way in to see a movie. It's absurd. No one is forcing you to listen to a recording, and no one is forcing you to see or hear any other performance, either. Don't be a consumer of it, and no need to pay for it. Except, of course, those countries that are insane enough to think it's reasonable to levy taxes (and thus, literally force people to pay) which are then spread around to artists - whether or not the people paying the taxes would ever want to be entertained by those artists or not. That's the only "forced to pay for entertainment" that it's worth talking about. Otherwise we may as well talk about how grocery stores are forcing their customer to pay for what they want, or how a chef is forcing his customers to pay for the creative services she provides.

    Don't use the word "force" when it doesn't apply. Don't want to pay for Bruce Springteen's latest recording? Then don't acquire it, unless HE chooses to give it to you.

    --
    Don't disappoint your bird dog. Go to the range.
  8. Right... by matt4077 · · Score: 2, Insightful

    The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content,"
    Sure, because people only download stuff because it's so much better. Nobody ever downloads Britney Spears. These evil corporations don't just want money for their goods, they are conspiring to keep the real artists away from us.
  9. Re:when by CastrTroy · · Score: 4, Insightful

    This coming from the same guy who complained that only 1 in 5 people who downloaded Saul William's album, which he produced, chose to pay for it. I find that to be a pretty good ratio considering they didn't even offer a way to sample the album without downloading the entire thing.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  10. Realizing your true power as the consumer by FromTheAir · · Score: 2, Insightful
    The truth is that the corporation (or the few that benefit to the detriment of the many) only has greater power when the consumer is divided amongst themselves, consumed by fictional issues and kept ignorant.

    The day we use technology to unite in collective effort, disseminate intelligence and wisdom to dissolve ignorance and share a single intention then the consumer the citizen will take control as master.

    The "Many", the consumers combined wealth far exceeds that of the "few" because the consumer delivers real value every day.

    Many of those individuals or corporations that control vast wealth only do so because we perceive the fiat currency, the intangible symbolic units to have value. As soon as this illusion is destroyed their power is gone.

    We the people control the cash flow of business and labor, the worker produces the products and services that make the world go around and this is where the real tangible value is.

    We the people are very powerful, but we have been blinded to our own power by an illusion created by those that benefit from the current systems and don't want them to change.

    --
    "an infinite player that has lost his finite mind" ~Infinite Play the Movie (it blends with reality)
  11. War on this war on that, war on you by Thaelon · · Score: 5, Funny

    So this morning I got up and waged war on eye crud. I followed shortly after with a war on two fronts. A war on full bladders and a war on clean toilets. Next I waged war on not being at my computer. Then I went to war on dark monitors. Then I declared war on Firefox.exe. Then I went to war with slashdot's servers and blank Firefox pages. Then slashdot's text had the audacity to wage photon based war on my retinas! In retaliation, I counterattacked with a covert war on the Reply button, then followed up with a brief war on empty subject text boxes. Then I engaged in a somewhat protracted war on empty comment boxes. Now in closing, I'll stage a blitzkrieg on the submit button and preemptively declare victory.

    --

    Question everything

  12. Popularity is a curse. by Xenographic · · Score: 2, Insightful

    > The way I see it is: If the content is so terrible, don't download it.

    I don't. Wouldn't be caught dead listening to their music. However, there are a couple of factors you've neglected:

    1) They sue the wrong people often enough. Remember that guy who didn't have a computer? I wonder if MediaSentry gave one of their boilerplate expert reports in that lawsuit? Because it would be really interesting if they had.

    2) Anything popular is crap, according to simple statistics. That's a contradiction in terms, right? But a really good song might be liked by 80-90% of the people who hear it (the actual percentages don't matter, just accept those numbers as an example). So now we have 10-20% of the people who hear it who don't like it to some degree, a few of whom will likely hate it. Now realize that every song has a different percentage and that percentage is made up of different people. So the more popular you are, the more people there are who hate your music. In fact, the more people who hear it, the more likely it is that there are people who hate every single bit of music you've produced.

    It may be counter-intuitive, but it's pretty clear that the more popular your music is, the more it's heard, so there are more people who hear it and hate it. It's the "Curse of Popularity"

    There's a counter-point to this, too, BTW. If enough people hear an awful song, there's likely to be at least *one* guy who really loves it (probably the guy who wrote it). Thus, you have niche music that's horrible to most people, but which attracts a tiny fan following which absolutely loves the music. This is how you explain the Indee crowd.

    Oh, and nothing here is exclusive to music. You can get the same thing with wine snobs, art, sex or anything else based on personal taste.

  13. Re:when by davecarlotub · · Score: 5, Funny

    "why can't anonymous declare war on the RIAA, they are a far bigger threat to society than Scientology."

    Scientologists get angry, real angry. makes for better lulz. as they say...

  14. please adhere to the rules for comments... by stormguard2099 · · Score: 3, Funny

    10 rant against RIAA
    20 generic comment that piracy is still wrong
    30 tangent about DRMs originating in Nazi Germany
    40 someone yells Godwin's law
    50 next RIAA article is posted
    60 goto 10

    --
    http://greenobyl.com/ please.... think of the children!!
  15. Stranglehold? by RareButSeriousSideEf · · Score: 4, Informative

    The media and entertainment companies' stranglehold on a dying business model is hardly a stockholders' dream.

    Warner Music (WMG) stock, 2006: ~$30, Today, ~$8.00; DreamWorks SKG (DWA), 2005: ~$40, Today, ~$25; CBS Broadcasting (CBS) 2000: ~$45, Today: ~$25.

    The market conditions surrounding the film, music and broadcasting industries are incredibly volatile right now. I'll grant you that they're pursuing mostly counterproductive strategies in their efforts to stabilize themselves, and DRM + consumer abuse is hardly helping matters. Still in all, mere perception that (Is Media Corporation) == (Rolling in Money and Laughing Maniacally) is a gratifying mental image, but it isn't exactly the case.

  16. Re:True, but not as recent as you think by flappinbooger · · Score: 3, Insightful

    And if I die from it, I am not going to whine like a little baby and blame the company I bought them from.


    Because, of course, you would be dead...
    --
    Flappinbooger isn't my real name
  17. Re:when by lattyware · · Score: 2, Funny

    Yeah, They are hackers on steroids! There is a big difference!

    --
    -- Lattyware (www.lattyware.co.uk)
  18. Same song, different verse? by Stanislav_J · · Score: 2, Interesting

    More and more, the RIAA war on download piracy makes me think of the government's war on drugs. Not a perfect analogy, but think about it:

    One war spends vast sums of money to interdict a tiny percentage of illegal drugs, while overall use continues to rise. The other war spends vast sums of money to sue a tiny percentage of illegal downloaders, while overall downloading continues to rise.

    Both wars target users who do not consider what they are doing to be immoral or wrong, and who will likely continue their activities despite any laws passed against them.

    Both wars have generalized popular support from Mr. and Mrs. America, who are ignorant of or blind to the tactics involved and the overall futility and low success rate.

    Both wars snag innocent people in their dragnets. If you happen to share a house with someone who has drugs, you can be arrested. Likewise, if you happen to own a computer on which someone else downloaded copyrighted material, you can be sued.

    Both wars are stubbornly persistent and deny reality. The government refuses to acknowledge that legalizing and regulating recreational drugs would result in less crime, fewer overdoses, and far more money available for treatment and prevention and education. The RIAA refuses to acknowledge that digital technology has made their system of distribution and compensation rapidly obsolete and in need of a quantum change.

    I could go on and on, and y'all could probably come up with some of your own parallels. The only real difference is that being caught up in the war on drugs can land you in the slammer for a long time, while illegal downloading will not.

    Yet.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  19. Re:when by multisync · · Score: 3, Insightful

    I find that to be a pretty good ratio


    I must say, he really swings from one extreme - "steal, steal ... and steal some more" - to the other - ISP tax to do things normally covered by Fair Use. How bout we meet somewhere in the middle, Trent?

    These guys made $140,000 in three months. If they used opportunities like the interview you linked to put out a positive message, those numbers could grow, maybe to the point where they could "cover the costs and perhaps make a living doing it." Hell, they could even partner with one of those evil record labels at a later data and release a physical CD ala In Rainbows.

    Whining to interviewers that four fifths of the people who downloaded the album you put on your website "stole" it and proposing to tax everyone - even those who don't listen to pop music - doesn't entice me to buy - or steal - his album.
    --
    I don't care why you're posting AC
  20. Re:True, but not as recent as you think by QuantumG · · Score: 3, Insightful

    Umm, if you could copy cigarettes would you consider it necessary to invent a law to prevent it or would you consider that an insane law that could only exist if the government were corrupt and taking bribes from cigarette manufacturers?

    --
    How we know is more important than what we know.
  21. Back in the day? by fahrbot-bot · · Score: 3, Insightful
    From TFA: Years ago, college students were our best customers," he said. "Now they're among our worst customers."

    Perhaps 'cause:

    • Those college students of yore are all growed up now?
    • People had fewer choices for purchasing (or acquiring)?
    • Music today isn't what it once was (a generalization, but perhaps with some truth)?
    • Music was more art than commodity?
    • Any / all of the above?

    Sure, I use to buy music when I was younger, but I don't buy much anymore -- nor have I ever downloaded anything. I've purchased 3 CDs in the last 10 years. What I already have is either better than what's new, or I'm simply just happy with it. In the car, I either listen to a CD or NPR; commercial radio is crap.

    Great music never goes out of style. Perhaps some of the younger crowd have music from their parents :-) I mean, would you really want to listen to "Oops, I did it Again" over anything in your parents collection? How about instead of a baby whining on an airplane - oh, wait, that could be Britney too.

    --
    It must have been something you assimilated. . . .
  22. Re:when by xXShadowstormXx · · Score: 2, Informative

    I find that to be a pretty good ratio


    I must say, he really swings from one extreme - "steal, steal ... and steal some more" - to the other - ISP tax to do things normally covered by Fair Use. How bout we meet somewhere in the middle, Trent?
    Trent never said he supported an ISP tax:

    "I left the conversation thinking I'd cleared up the misconception that I thought the entire release of "niggytardust" was a failure. Well, it appears the story was written before I was involved, and I woke up the next day to find out I'm a supporter of an ISP tax. Thanks, CNET." From http://www.nin.com/index.html#2882965178223012038
    --
    I see dead pixels!
  23. Re:when by multisync · · Score: 2, Insightful

    Trent never said he supported an ISP tax


    Well, here's what the blog CastrTroy linked to has to say on that:

    More than a week after this story was published, Trent Reznor accused CNET News.com of misquoting him about the issue of a music tax on ISPs. We have posted an audio excerpt of the Reznor interview here. For the sake of full disclosure, we have also updated this story to include the text of what he said following his remarks about the ISP tax.


    And here's the relevent quote, again according to the blog:

    For me, I choose the battles I can fight. In my mind, I think if there was an ISP tax of some sort, we can say to the consumer, "All music is now available and able to be downloaded and put in your car and put in your iPod and put up your a-- if you want, and it's $5 on your cable bill or ISP bill."

    Someone asked me recently whether I've used 4-1-1 lately. I said 'Not really." They said do you know you're paying for that every month? 'I am?' Yeah, X-amount of your money goes to a service that you don't even use.'


    Is Trent saying that those are not his words? Because if they are, it sounds a lot to me like he's endorsing a tax on ISP use as a means of compensating artists, just like the tax Canadians pay on blank CDs.

    The problem with these taxes is that they are levied against everyone, including people who don't "consume" Trent's music. They also penalize - and put at a disadvantage - those who use blank CDs or Internet connections in the running of their own small business or even the production of their own art.

    It's great that Trent is out there talking about these issues, I just think he needs to take a more moderate point of view. Somewhere between stealing everything and taxing everyone, there is a solution.
    --
    I don't care why you're posting AC
  24. Don't Forget by Nom+du+Keyboard · · Score: 2, Insightful

    Don't forget, among the other recent RIAA college sins, their quickly pulled back "audit package" based on GPL'd software for the colleges to use in tracking song swapping. It was another clear low point in the RIAA's campaign of terror and extortion.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  25. No Mike, you're wrong by Anonymous Coward · · Score: 2, Insightful

    "to identify the person using the IP address at that time"

    Mike,

    this is where it all falls apart.

    You can tell the *account* that has the IP address, but in many households, NAT'ing means at least 2, if not more, computers share that address. In my house, for example, there are 6 computers, and 8 people who share in IP address.

    So you can't tell the person.

    Can you file a civil lawsuit against the account holder? It may be possible, but the burden of proof, I imagine, is much higher. That's why for speeding/red-light camera tickets they fine the car owner, but not the driver. Primarily because they don't know who was driving. We have 2 cars and 4 drivers in my house. If a ticket shows up, it's hard for *us* to figure who was driving.

    So the "evidence", in the most scrupulous of circumstances is at best unclear.

    That's just another problem for the RIAA.

    To recap:

    1) The RIAA doesn't seem to be able to gather accurate IP information
    2) Even if they do, there is no chain of custody, that is, there is no attempt to determine if you actually downloaded the song(s) they claimed
    3) There is no chain of custody of evidence to show that you downloaded anything copyrighted
    4) The RIAA cannot demonstrate they represent the copyright on any song they're suing you for
    5) The IP address does not address the person who committed the crime.

    Is that enough for you? Any one of those produce reasonable doubt in my mind.

  26. Re:If $$$ is King by Technician · · Score: 2, Insightful

    If $$$ were king, they would figure out what the consumer wants and provide huge archives of back catalog at cheap prices and people would flock to the offerings for stuff their 30 to 60 Gig media players. How many people hit the national average and only buy 2 CD's per year? Their fight to keep the ASP high has killed the sales as much as anything. There is competition for the entertainment dollar. An upgrade to broadband, better car, bigger house, new flat screen, etc are replacing the CD's as a consumer choice item.

    Wold you buy more than $25 worth of music in a year if it was 5-10 cents/track?

    --
    The truth shall set you free!
  27. Re:Don't steal it. by NewYorkCountryLawyer · · Score: 2, Insightful

    I think they're just saying, "Don't steal our content." Not so. They're suing anybody who they believe has a FastTrack p2p file sharing program on their computer and has what appear to be copyrighted song files -- even if the files were lawfully obtained. I.e., it's a war against p2p file sharing. Period.
    --
    Ray Beckerman +5 Insightful
  28. Re:when by hairyfeet · · Score: 2, Interesting
    Which is why I think it could work,if not done by greedy cartels who will take the money and sue anyway. I would prefer it to be done this way---Say to the public "Hey,you want to download all the tunes you want? Pay $5 a month and it's yours legally. Don't and risk being sued". That way those that want can have and those that don't don't need to pay for something they don't use. I would love it if they had the same for videos of tv shows,games over,say three years old,and slightly older software. That way the companies could make plenty of cash on new releases and I could have the older non-DRM stuff down the line.


    But if we allow the cartels to push a flat tax you know they'll just take the money and use it for nastier DRM and more lawsuits. The problem with them is simply one word---GREED.They can never charge enough,they can never give too little,and they can never rip off enough folks.Until that changes I will simply avoid the **AA crap like the plague and look for older releases of games and software that won't bone my machine with DRM. The sad part is they will simply use that fact that I and all the folks I convince to avoid buying their garbage that their lowering profits are just proof that they need nastier laws and move evil copyrights.As it is now,what is it? Something like a couple of centuries before something falls out of copyright? And you just KNOW they are never going to let that damned Mickey Mouse be public domain,so they'll just keep raising it.

    --
    ACs don't waste your time replying, your posts are never seen by me.