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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."

15 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. 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.
  3. 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 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.
    2. 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!
    3. 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
    4. 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.
    5. 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.
  4. 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
  5. 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.
  6. 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.
  7. 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

  8. 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...

  9. 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.