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Comparing the RIAA To "The Sopranos"

NewYorkCountryLawyer writes "According to commentator Therese Polletti at Dow Jones MarketWatch, 'the RIAA's tactics are nearly as bad as the actions of mobsters, real or fictional. The analogy comes up easily and frequently in any discussion of the RIAA's maneuvers.' Among other things she cites the extortionate nature of their 'settlement negotiations' pointed out by Prof. Bob Talbot of the University of San Francisco School of Law IP Law Clinic. His student attorneys are helping private practitioners fight the RIAA, and the the illegality of the RIAA's use of unlicensed investigators. She goes on to cite the fact that the RIAA thinks nothing of jeopardizing a student's college education in order to make their point, as support for the MAFIAA/Mafia analogy."

21 of 193 comments (clear)

  1. Can we at least hope... by tgd · · Score: 4, Funny

    Can we at least hope the RIAA and MPAA will end the same way?

    1. Re:Can we at least hope... by hostyle · · Score: 5, Funny

      Um. Suddenly and unexpectedly at the last minute, with everyone left wondering what really happened, and secretly wondering if there will be an unannounced comeback at some non-fixed point in the future?

      --
      Caesar si viveret, ad remum dareris.
    2. Re:Can we at least hope... by aurispector · · Score: 5, Insightful

      An interesting article on Ars Technica regarding copyrighted games:

      http://arstechnica.com/news.ars/post/20080320-pc-game-developer-has-radical-message-ignore-the-pirates.html

      Basically the message is that pirates were never customers and can therefore be ignored. I would take it one step further and say that piracy is a form of free advertising. More than once I've bought cd's based on mp3's I heard. The music and movie industry suits are a bunch of whining dinosaurs; all they need to do is make the disks worth buying by offering additional content liek posters, stickers, etc..

      --
      I have mod points. The reign of terror begins now.
    3. Re:Can we at least hope... by cp.tar · · Score: 4, Insightful

      It's wouldn't OR couldn't. For example, I would love to have a copy of Photshop CS 3. It is $650. I could afford that but would never spend that much money on it (i.e. I wouldn't ever buy it at that price). So, if I pirate it they have not lost a sale to me.

      Furthermore, if you pirate it, you become proficient with it. So you give them mindshare.
      So if you ever decide to use this software professionally, you will buy it. And you won't even consider purchasing anything else.

      The software industry, in part, understands this and therefore does little to suppress home piracy of professional software. And that is why Windows was easy to pirate until it got to nearly every computer: now that you depend on it, we'll make you buy it.
      Kind of like drug dealers — it's all free until you get hooked.

      Indeed, strict enforcement of anti-piracy measures would really benefit F/OSS development, not the big companies.

      --
      Ignore this signature. By order.
    4. Re:Can we at least hope... by apoc.famine · · Score: 4, Informative

      "Could" and "Would" are two very different things.

      I could listen to internet radio (well, that's now in debate, but I used to be able to) for weeks, for free, and not hear anything I would want to purchase. Likewise, I could download a few GBs of mp3 files, listen for a few weeks, and not hear anything I would want to purchase. In neither case has the artist "lost" a sale.

      The whole "1 download = 1 lost sale" argument is very, very flawed in this sense. Yes, if I pulled 3 albums over bittorrent, I "could" pay for them. But if I "would" pay for them, I...well...would. A sale is only lost when I find and download something that I would ordinarily purchase, but decide that the internet price of "free" is more appealing.

      I have downloaded a fair bit of music from the internet. Mostly pretty niche stuff, that not a lot of people are into. Not the stuff carried at my local music store, that's for sure. A lot of it I couldn't hear anywhere, yet WOULDN'T purchase without hearing. This was exploratory downloading. No sales were lost, as I wouldn't have purchased it. Yet I now own all 6-8 or so CDs of a particular band in that set, BECAUSE of that exposure. The rest of the bands? Don't listen to the mp3s, haven't bought any CDs. No sales lost due to that downloading, sales actually GAINED for one band because of it. Now I suppose you could tell me that it's somehow my duty to buy everything, THEN decide what I like, but I'm a weirdo who wants to spend my money only on things I want.

      Back in the day, before I was completely wise to the amount of malware infused warez in the world, I downloaded some cracked commercial games and played them. Generally, they would hold my interest for a couple of weeks, and then get deleted to free up space. Once in awhile, I'd find a good one, and without fail I'd purchase it. Would I have purchased any of them without the opportunity to try them first? Probably not. Spending $40 on a game is hard to justify after getting burned a couple of times in a row on shitty games. Trying first allowed me to spend my money on what was worth it, supporting the people who's efforts I appreciated. Once again, rather than losing sales, the free downloads gained sales, and that money went to people who produced something I appreciated.

      I've come to realize that companies being slimy is the reason I am this way. Companies who slipped me a turd covered with gold foil at the same price as a decent product are the reason I insist on trying first. Now I don't know if I'm somehow weird or unique in this regard, but giving me something to try for free is the best way to get money out of me. I'll pay for stuff that's worth it. But I don't trust companies to give me a product that's worth paying for 90% of the time.

      --
      Velociraptor = Distiraptor / Timeraptor
  2. There is a difference by Anonymous Coward · · Score: 5, Insightful

    the Mafia has morals and a culture of respect

  3. The biggest difference by kpainter · · Score: 5, Insightful

    The RIAA doesn't have a cool theme song. And they wouldn't have to pay royalties if they did.

    1. Re:The biggest difference by Anonymous Coward · · Score: 5, Funny

      The RIAA doesn't have a cool theme song.

      No surprise. Where are they gonna find good music?

  4. Re:Any ordinary trust by rozthepimp · · Score: 5, Funny

    "these guys don't.... sell harmful products, torture people, etc." You forgot about Rap.

  5. you could compare the riaa to sharia law by circletimessquare · · Score: 4, Interesting

    that is, that punishing a crime, real or perceived, with a punishment that is worse than the crime is not actually justice or morality

    upload a song, owe thousands may not be as awful as steal some bread, have your hand chopped off, or commit adultery, get stoned to death, but the riaa's tactics shares with religious fundamentalist notions of justice this same disproportionate massive punishment for comparatively mild crimes

    it's very simple: you don't teach anyone to respect morality with fear and terror. you just teach them that fear and terror are more important than morality

    they need to learn that lesson in rural yemen as much as they do in riaa headquarters

    a truly just society is one that metes out punishments that are milder than the actual crimes being punished (but not too mild, just milder). in such a way does a society provide stability and a respect for justice. if the punishments are too severe or too mild in comparison to the crimes, then justice is disrespected, not served, and society is destabilized and impoverished as a result

    the impoverishments under religious fundamentalism are apparent. the impoverishments unde rriaa tactics are simply less cultural riches for us all

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. I don't know by pembo13 · · Score: 4, Insightful

    The Soprano family seemed pretty human to me. Aside from the greed factor, I don't see that much humanity seeping from the RIAA.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  7. Re:Wait a minute... by OldFish · · Score: 4, Funny

    The Untouchables is out !?!?!?! I'm shocked... Would you believe "Serpico" ???? I'm afraid not Mr Smart. How about an angry Boy Scout?

  8. RIAA... by xtracto · · Score: 4, Funny

    Since 1999, making you an offer you can't refuse.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  9. Re:Laws by Scrameustache · · Score: 4, Insightful

    The difference between the mafia and RIAA is that the RIAA (and MPAA) have had laws passed for their benefit to screw the public (for example, you're not supposed to reverse engineer / break DRM etc.). A black market needs laws to keep stuff illegal so it can run...
    Gambling, prostitution, drugs, those profitable activities are controlled by organized crime.
    --

    You can't take the sky from me...

  10. The reason they seem the same, is because they are by ahabswhale · · Score: 5, Interesting

    I have an uncle who has a sizable fortune and decided after he retired that he might want to get into producing music. To his dismay, he found the industry laden with actual mob men. He ended up quitting the business and this is a guy who doesn't quit anything when it comes to business stuff unless he's damn good and ready. Granted, this was 15 years ago but I doubt those people all just packed up their bags and left such a lucrative industry. So, it's no surprise to me that the RIAA uses the exact same tactics the mob uses because the industry is littered with those people.

    --
    Are agnostics skeptical of unicorns too?
  11. Re:hmmm by Anonymous Coward · · Score: 5, Informative

    You're right they don't kill people, they just bankrupt them, destroy their chances of a good education, ruin their standing in the community and show total lack of respect for the person/persons they're going after and THEY ENJOY EVERY BIT OF IT, MORON.

  12. Re:Any ordinary trust by Bombula · · Score: 4, Insightful
    these guys don't kill for profit

    Well it depends on how you define "kill for profit." If you mean kill with a GLOC or a piano wire, then no, most monopolized industries don't kill for profit. But if you account for deaths that the company (or group of companies) could have prevented either through action or inaction but didn't expressly for the purpose of profit then I think you're actually out on very thin ice here. The monolithic pharmaceutical and health insurance companies knowingly "kill" thousands of people each year for profit. The manufacturers of cigarettes knowingly "kill" millions of people each year for profit. If you brought these charges up in court, it'd be 'wrongful death' instead of 'murder', but killing is killing and dead is dead as far as most people are concerned.

    --
    A-Bomb
  13. Protection money paid.... by NewYorkCountryLawyer · · Score: 5, Interesting

    by Ohio University. Ohio University in Athens, Ohio, was the number one target of the RIAA. Until, that is, it paid $60,000 plus $16,000 a year for the 'filtering' software its expert witness's company was peddling -- then suddenly the subpoenas stopped. Not a single subpoena since Ohio University started paying off the mob.

    --
    Ray Beckerman +5 Insightful
  14. Re:hmmm by croddy · · Score: 4, Funny

    And if you think doing all that stuff to their musicians is bad -- man, wait until you see what they do to their P2P lawsuit victims.

  15. Re:Relativism by Ungrounded+Lightning · · Score: 4, Insightful

    The RIAA are EXACTLY like the mafia! Because they assault and kill people! Except they, uh...don't.

    Nope. They send the Sheriff to do it for them.

    Sue you.
    Bankrupt you.
    Send the law to seize your assets.
    You get evicted.
    If you try to stay the sheriff's men will throw you out.
    If you try to resist them they'll use as much force as necessary - including deadly force if your resistance appears to be a threat to them.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  16. is there anybody else? by mapkinase · · Score: 4, Insightful

    I am still seeing people seriously discussing "mafiaa" association skymodded. I guess I am in the minority then.

    Why is this association (RIAA - organized crime, criminals, etc.) stupid? I feel really stupid seriously considering this myself, but I guess I have to:

    1. Organized crime deals mostly with illegitimate business, RIAA deals with a legit business.
    2. Organized crime kills and maimes people, RIAA sues them for vast sums of money.
    3. This association with its stupid accent on emotionality drives away from the real problems with RIAA. It is bloody not working!

    The real problem is:

    Why are you keep buying and listening to the stuff written by the people who are enslaved by RIAA? It is like buying sweatshop sweaters, except that in this case it's not sweatshops, but sweetshops - every artists dreams of being signed by the major label.

    Why are you so addicted to this stuff anyway? Why do you have to listen every day to a new single or watch new movie? Have a life! The real reason why this thing is so bloated is stupid inability of recent consumer generation to act creatively and to entertain themselves. Buy a Guitar Hero and play yourself. Make music yourself, make videos yourself, make movies yourself. Listen and watch what other people like you did on youtube or in any other free, unlimited way... Why do you have to go down to the rock bottom of coach-potato entertainment where you do absolutely nothing and only consume entertaining stuff? This is not good for you, do you realize it?

    Get on with your lives. Entertain yourself actively. Create yourself. You do not have to watch latest terminator movie ahead of time on torrents in order to create your own stuff.

    It is more difficult but much more rewarding when you get appreciation of your family, of your friends, of your peers, of your social network, when you see your 5-digit number of views on youtube.com /rant

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