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BusinessWeek Takes On the RIAA

NewYorkCountryLawyer writes "BusinessWeek magazine has gone medieval on the RIAA, recounting in grisly detail the cruel ordeal to which the RIAA has subjected a completely innocent defendant, Tanya Andersen of Oregon. Nobody can read the story and come to any other conclusion than that the RIAA and its lawyers are total jerks. Of course we've been reading about Atlantic v. Andersen on p2pnet.net and on my blog, and discussing it here, but there's something extra special about a mainstream publication like Business Week really letting them have it."

241 comments

  1. It would be a good thing... by HetMes · · Score: 5, Insightful

    ...if Slashdot started naming the large companies behind the RIAA at every occurrence, so any misbehavior on their part is directly related to the "Big Four". Right now, most of us reading about the RIAA don't directly associate them with Sony, Warner, EMI and Universal. And this is exactly what they intended! Let's not endulge them any further.

    1. Re:It would be a good thing... by erroneus · · Score: 4, Insightful

      That's probably rather true. In my mind, I expand "RIAA" into "Sony Warner EMI Universal" but almost no one else thinks this way.

    2. Re:It would be a good thing... by jnmontario · · Score: 4, Interesting

      I would have to agree. As a consumer, I avoid, if I can, businesses whose sales tactics/merchandise irritates me. This sometimes 'paints me into a corner' where my stubborn streak of punishing businesses means I forgo their product entirely. It drives my wife insane....I find it amazing she sticks with me.

    3. Re:It would be a good thing... by TapeCutter · · Score: 1

      "Right now, most of us reading about the RIAA don't directly associate them with Sony, Warner, EMI and Universal. And this is exactly what they intended! Let's not endulge them any further."

      Hear, hear. Henceforth let RIAA == SUW_MEI.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:It would be a good thing... by DarkOx · · Score: 2, Insightful

      Exactly I have suggested before we do the same thing. Instead of saying the RIAA they should be refered to as an organization that represents {Insert specific party as appropriate here}, Sony, Warner, EMI, and Universal. It would really help our cause. Sure we slashdots know that Sony is the hieght of all evil, SHAME ON THOSE OF YOU WHO WENT OUT AND BOUGHT PS3s, but others dont. Most people know the RIAA is a bunch of dickheads, that is eactly the point. The real reason for the RIAA is to provide a layer of inderection. So that Sony et al, can act like dickheads and not have to look like dickheads.

      We make that the assoication that they are the RIAA and suddenly the RIAA has no more value.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    5. Re:It would be a good thing... by Narpak · · Score: 2, Insightful

      Problem is. If we avoid products made by companies that use unethical, unmoral or borderline illegal means of production, marketing or just trying to maintain a monopoly situation; there really wont be too many products left for us to buy.

      Then again I guess that is consumers/citizens faults in the first place for not insisting that regulations are enforced unconditionally; and to ensure that those regulations are fair and in the interest of the people and the individual first and foremost.

      Unfortunately the music industry comes across as one industry that has grown fat on not only screwing its own customers; but on screwing over many of its own artists to. And they has used some of the vast quantities of money that has passed through their accounts to "inform" (influence) political decisions, in relation to the music industry, for decades.

    6. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      a bold plan, and i see the sense in it. but what about all the other 'RIAA members'?

    7. Re:It would be a good thing... by reallyjoel · · Score: 4, Insightful

      Problem? Seems like a blessing to me.

    8. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      how about the summary mentioning "Atlantic vs Andersen", then? Anyone care to clarify how the "big four" are in on this one?

    9. Re:It would be a good thing... by penix1 · · Score: 4, Insightful

      Unfortunately the music industry comes across as one industry that has grown fat on not only screwing its own customers; but on screwing over many of its own artists to. And they has used some of the vast quantities of money that has passed through their accounts to "inform" (influence) political decisions, in relation to the music industry, for decades.


      It isn't just the media industry that has a choke hold on Congress. Yes, it is our fault but not for the reason you give. It is our fault because we give corporations, an immortal entity, the rights of a mortal man. Worse, because those corporations have no motivation beyond greed, they wield their power to feed that greed even to the detriment of real people.

      For the specific case of copyright, it is the only business model on the face of the planet where employees (read: distributors+"Artists") are expecting to be paid decades or even centuries after they are finished the job. Where this idea that a person can make a one-hit-wonder and be paid perpetually for it is so wrong it is laughable. In no other industry do you find employees being paid beyond what they actually worked much less having that paycheck go to their heirs well after their death. Imagine if every business had to continue to pay all their employees+heirs for 90+ years after they quit. Business would come to a screeching halt then. But yet we are OK with it when it comes to copyright....Go figure.
      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    10. Re:It would be a good thing... by Narpak · · Score: 1

      Yes, it is our fault but not for the reason you give. It is our fault because we give corporations, an immortal entity, the rights of a mortal man. Worse, because those corporations have no motivation beyond greed, they wield their power to feed that greed even to the detriment of real people. I agree whole heartedly. Though I reckoned I had covered that when I wrote "Then again I guess that is consumers/citizens faults in the first place for not insisting that regulations are enforced unconditionally; and to ensure that those regulations are fair and in the interest of the people and the individual first and foremost." ;)

      Political Will comes from the people, when the people do not speak up the Will to resist the manipulations of lobbyists is minimal. Lawyers and marketing work hand in hand to perpetuate the fantasy that corporations need to be protect and given special license to act in whatever way they see fit. Corporations, yes I generalize now, will not hesitate to subvert or change any law they see as a treat to their bottom line. Fierce regulation need to be in place and, as I said earlier, be enforced in all cases. If not, they will continue to test the boundaries that are in place and stretch those to the limit to get as much profit for their investors as possible.
    11. Re:It would be a good thing... by Narpak · · Score: 4, Informative

      I forgot to make a link to http://en.wikipedia.org/wiki/The_Corporation
      The movie/book might not be entirely objective, or cover all bases as well as it should, but I thought it would be relevant in reference to the debate about giving corporations "the rights of a mortal man" as the previous poster wrote.

    12. Re:It would be a good thing... by RiotingPacifist · · Score: 3, Interesting

      The trick is to start with something easy to avoid. Thanks to torrentz i can avoid buying all RIAA much, i do rarely go out to by music from indie lables tho.
      What id quite like is somebody to produce a scanner that lists all non-RIAA music in my collection so i can go and buy the albums the RIAA doesn't "protect".
      The problem is when you start trying to apply ethics to buying your snacks & drinks. Think Ms has a monopoly, look at coke. Snacks while not bieng as owned by 1 company are instead owned by 2/3 companies, but atleast they make it obvious so its easier to avoid say nestle than coke (coke, fanta, oasis, powerade, etc)

      --
      IranAir Flight 655 never forget!
    13. Re:It would be a good thing... by penix1 · · Score: 1

      Interesting link. Too bad I commented here or you would have gotten the points...

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    14. Re:It would be a good thing... by damienl451 · · Score: 1

      For the specific case of copyright, it is the only business model on the face of the planet where employees (read: distributors+"Artists") are expecting to be paid decades or even centuries after they are finished the job. Where this idea that a person can make a one-hit-wonder and be paid perpetually for it is so wrong it is laughable. In no other industry do you find employees being paid beyond what they actually worked much less having that paycheck go to their heirs well after their death. Imagine if every business had to continue to pay all their employees+heirs for 90+ years after they quit.
      I think these two situations are completely different. In the case of a company, employees are hired to do a specific task in exchange for a specific amount of money. It's purely `work-for-hire' and employees will usually be asked to assign copyright of anything they create during business hours or for their employers to the company. Therefore, it would indeed be ridiculous for companies to pay their employees after they've quit, since they've already been fairly compensated.

      Copyright is quite different. First, you need to think about how you know how much someone's work is worth. It's clear that it doesn't have much to do with the time they work: even if a lawyer and a janitor both work an hour, they won't get paid the same amount of money. In the case of literary or musical works, the only way to tell how much an artist's work is worth is to see how well it will sell/be downloaded.

      Copyight is, on the whole, beneficial. It ensures, for instance, that all artists will be fairly compensated for what they have created. If you think that contemporary artists are all sell-outs who care about nothing but money, rest assured that the "good old days" were not any better. The only difference was that it was not the market, but powerful, wealthy patrons, who got to decide what music/books would be published.

      Additionally, if you're currently benefiting from what an artist did ten years ago, for instance by listening to a song he performed, why would it be unfair for him to be compensated for it?

    15. Re:It would be a good thing... by Lunatrik · · Score: 3, Informative

      What id quite like is somebody to produce a scanner that lists all non-RIAA music in my collection so i can go and buy the albums the RIAA doesn't "protect".

      You mean something like this?
      http://www.riaaradar.com/
    16. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      I hope everyone who this realises that Sony does not just sell music but sells all kinds of other stuff, and that they boycott their entire product line.

    17. Re:It would be a good thing... by kz45 · · Score: 1

      "The trick is to start with something easy to avoid. Thanks to torrentz i can avoid buying all RIAA much"

      You mean by downloading RIAA music for free? So, you are proving it's worth by actually listening to it, but not compensating the artists.

    18. Re:It would be a good thing... by Professr3 · · Score: 1

      Didn't we just establish that the artists don't get fairly compensated anyway?

    19. Re:It would be a good thing... by swv3752 · · Score: 1

      Perhaps you should realize that there is barely more tot he relationship between Sone Electronics and Sony Music as there is to Microsoft and Red Hat.

      --
      Just a Tuna in the Sea of Life
    20. Re:It would be a good thing... by ChromaticDragon · · Score: 4, Funny

      Well... everyone else probably needs a good mnemonic.

      They could use something like this...

      What does RIAA remind you of? Pigs, right?

      And what does the RIAA love to do? SUE, right?

      And what do you say to call in the pigs?

      SUE-W.... SU-EW...

      Sony-Universal-EMI-Warner...

      Here piggie...

    21. Re:It would be a good thing... by ThePepe · · Score: 3, Funny

      I like Warner, EMI, Sony, Universal.

      Otherwise known as W.E.S.U.

    22. Re:It would be a good thing... by im+just+cannonfodder · · Score: 1

      you also forgot the;

      The MPAA:

      SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX.

      The BPI:

      SONY, UNIVERSAL, WARNER GROUP, EMI.

      Soundexchange:

      SONY, UNIVERSAL, WARNER GROUP, EMI.

      The IFPI:

      SONY, UNIVERSAL, WARNER GROUP, EMI.

      secuROM DRM = Sony

      aacs la, blu-ray association, the list goes on and on.... and one company is always part of anti-consumer, SONY.

    23. Re:It would be a good thing... by plankrwf · · Score: 1

      Ok, so how about tagging stories like this as "RIAA(=SWEU)"? In fact, I'll just try it right after finishing this comment.

    24. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      Hmmm... Tried this, but it doesn't show (yet). So this will only work if enough people do this ;-(

    25. Re:It would be a good thing... by RiotingPacifist · · Score: 1

      The RIAA cant affect the quality of the music, but by going to see bands whos music i like, i circumvent the RIAA and they get compensated anyway.
      If people only pay for non-RIAA music, then those companies that choose to not support he RIAA, will actually experience less piracy than those who pay the RIAA for protection.

      Another way of looking at it, is that most bands get crap & lazy as they get rich, by taking away money from cd sales (which they dont get much from anyway) im
      1) keeping them in touch with reality*, its a lot harder to write songs about your hometown, if you live in a mansion.
      2) making them go out on tour and play to thier fans
      A combination of 1 & 2 will normally result in much better music.

      This doesnt apply to all bands, there are exceptions.

      It also allows me to put my money directly into bands , instead of spending £10 at a record shop of which the bands probably get £1, ill go to a gigs and pay £10 for an album, of which the band get atleast £9 + a cut of my ticket sale.

      --
      IranAir Flight 655 never forget!
    26. Re:It would be a good thing... by vux984 · · Score: 1

      In my mind, I expand "RIAA" into "Sony Warner EMI Universal" but almost no one else thinks this way.

      Here's a handy mnemonic:

      Warner Emi Sony Universal

      or:

      WE SU :)

    27. Re:It would be a good thing... by HiThere · · Score: 1

      If you want to claim that there isn't a strong financial relationship between Sony electronics and Sony Music, then I need to see evidence.

      I see the claim raised everytime Sony does something else to screw-over their customers and, incidentally, also any bystanders around. I've never heard of any evidence. I've seen at least *SOME* evidence that there is, or was, a strong financial connection.

      If Sony electronics doesn't want to tarred with the same brush as Sony Music, then they should sue them for defamation of character of something. It is my belief that they are both subsidiaries (probably only partially) of the same corporation. As such there is a strong financial relationship between them, even if they don't share the same accounting.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    28. Re:It would be a good thing... by ultranova · · Score: 4, Insightful

      Additionally, if you're currently benefiting from what an artist did ten years ago, for instance by listening to a song he performed, why would it be unfair for him to be compensated for it?

      I just returned from the bathroom. Should I send a check to whoever put the pipes in place ten years ago ?

      --

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

    29. Re:It would be a good thing... by rootpassbird · · Score: 1

      I'll help with the proper rhyming order:
      Sony Universal EMI Warner
      "SUE Warner"

      --
      Hackers have long memories. It works both ways.
    30. Re:It would be a good thing... by sjames · · Score: 1

      Then Sony Electronics would do well to avoid associating itself with a bunch of racketeering thugs. He who lies down with dogs gets up with fleas.

    31. Re:It would be a good thing... by HetMes · · Score: 1

      Look at it as a definition of an abbreviation. Just mention what it stands for in full, and from that point on you can use the abbreviation. For instance: "This week, the RIAA - the facade behind which Sony, Warner, Universal and EMI operate in these matters - sued a single mother of four for sharing a video of her 9 year old daughter's family reunion performance. Touching though the Metallica cover was, the RIAA felt James Hetfield should be duely compensated, and took upon itself the noble task of collecting the money on behalf of poor James. Whether the $23.109,60 fine will be paid remains to be seen, as the family has been living on little more than food stamps since the untimely departure of the father. RIAA reported to seeing good chances of settling the matter out of court. In unrelated news: James Hetfield was denied adoption of a 9 year old girl from Kuweit, but says he was not deterred, and will be persuing adoption closer to home."

    32. Re:It would be a good thing... by Homer's+Donuts · · Score: 1

      An handy acronym to remember them:

      SEWUR

      Sony
      EMI
      Warner
      Universal
      RIAA

      Example:
      Why Warner when you can SEWUR

    33. Re:It would be a good thing... by mr_matticus · · Score: 3, Informative

      You already do, or at least your bank did. You pay your mortgage every month, do you not?

      The OP is wrong. We pay for lots of things long after they're created, based on a theory of credit or cost spreading. For example, a bank pays the people who built your house up front, because most people don't have that kind of cash sitting around to do it themselves. You pay the bank for 30 years. The job is done.

      You pay insurance premiums every month even though the agreement was created years ago. The insurance company isn't actually providing you with hundreds or thousands of dollars in service every month. You can only afford to have insurance because millions of other people are sharing the cost with you. You pay that bill, even if your lifetime payments actually add up to more than the policy limit, and even if you never actually make a claim. If you buy a big-ticket item on credit and pay it down over time, your credit card company is profiting from a purchase you made months ago (profit far exceeding their opportunity costs for advancing you the money in the first place). When you buy into a co-op or timeshare, you're paying for something that was probably paid off years ago and is now just profit.

      Buying a copy of a copyrighted work for $10 or $15 is like buying stock in the work. You never own the "company" with your single share, but you do own a tiny piece of it. If you buy enough shares, you can take over the company and do what you want with its work, including blowing your money by giving it away. The market has placed the value of a typical album at several million dollars, and a typical film at dozens or even hundreds of millions of dollars. If you actually took out a loan and bought the whole thing, then yes, OP would be correct to complain about being asked to pay continuously. But since one person doesn't continually pay, and since the work is worth more than the $15 for the first DVD, the rant is, well, misguided and wrong. You wouldn't be able to afford CDs and DVDs if millions of other people didn't pay small amounts for it over the years as well.

      If you'd like to round up $50 million to buy and truly own a motion picture and never have to worry about copyrights again, knock yourself out. Otherwise, deal with they profit from sales above and beyond what they need, just like every other profitable business.

    34. Re:It would be a good thing... by randizzle3000 · · Score: 1

      That's a huge list but...Yo! MTV Raps is on there...

    35. Re:It would be a good thing... by compro01 · · Score: 1

      i'd take their list with a truck of salt. they've had a few instances of listing labels that aren't members.

      --
      upon the advice of my lawyer, i have no sig at this time
    36. Re:It would be a good thing... by xelah · · Score: 3, Insightful

      Yes, it is our fault but not for the reason you give. It is our fault because we give corporations, an immortal entity, the rights of a mortal man. Worse, because those corporations have no motivation beyond greed, they wield their power to feed that greed even to the detriment of real people. Corporations don't have motivations; they're not sentient. The shareholders, directors and employees choose how they act, are through whom they act and who take their profits have motivations. They're not sinister supernatural beings; they're just collections of humans being collectively human and responding to the incentives put on them and that they put on each other. And, of course, real humans are greedy, especially when they don't see the sharp end of their greed. If you want to change the behaviour of corporations you have to do it by changing the incentives on real people. And that can only be done through people - en masse - voting, buying, working and investing differently. It isn't going to happen by everyone pretending they're battling a monster from outer space.

      Where this idea that a person can make a one-hit-wonder and be paid perpetually for it is so wrong it is laughable. In no other industry do you find employees being paid beyond what they actually worked much less having that paycheck go to their heirs well after their death. So a creator exchanges rights in his creation for a claim on future profits from it...what's 'laughable' about that? It's a perfectly sensible way for a publisher and creator to come to a deal in the face of massively differing opinions of the worth of what's being sold. They're are plenty of reasons for altering copyright, but they're mostly to do with balancing deadweight loss with incentives to create....how people are paid certainly isn't amongst them.
    37. Re:It would be a good thing... by NewYorkCountryLawyer · · Score: 5, Insightful

      Yes, it is our fault but not for the reason you give. It is our fault because we give corporations, an immortal entity, the rights of a mortal man. Worse, because those corporations have no motivation beyond greed, they wield their power to feed that greed even to the detriment of real people. Corporations don't have motivations; they're not sentient. The shareholders, directors and employees choose how they act, are through whom they act and who take their profits have motivations. They're not sinister supernatural beings; they're just collections of humans being collectively human and responding to the incentives put on them and that they put on each other. And, of course, real humans are greedy, especially when they don't see the sharp end of their greed. If you want to change the behaviour of corporations you have to do it by changing the incentives on real people. And that can only be done through people - en masse - voting, buying, working and investing differently. It isn't going to happen by everyone pretending they're battling a monster from outer space. xelah, what you are saying is reasonable, but the GP had a good point. Essentially, under our legal system, a corporation is

      -a creation with a perpetual life,

      -whose primary function is to serve its shareholders' financial interests.

      I.e, it is an immortal sociopath.

      While consumer disinterest, etc., can have an effect, it is important in our society that the government -- which creates such 'immortals' -- regulate them quite carefully. To assume that market forces are alone sufficient to deter their excesses is just wrong.

      If doing harm is profitable, corporations are programmed to do harm. They are programmed to do anything they can get away with. It is up to the government which created these extraordinary creatures to limit what they can get away with.

      Regrettably, our courts have not yet shut down the RIAA's excesses, and our Congress -- far from shutting them down -- has shown itself to be quite deferential to the recording companies' wish to steal the internet from those who made it what it is.
      --
      Ray Beckerman +5 Insightful
    38. Re:It would be a good thing... by Mistshadow2k4 · · Score: 2, Interesting

      Additionally, if you're currently benefiting from what an artist did ten years ago, for instance by listening to a song he performed, why would it be unfair for him to be compensated for it?

      Good idea. I like to paint. I say I start charging people every time they look at my paintings. Why should authors and musical artists be the only ones who get paid for the same work over and over again?

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    39. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      Here's a mnemonic: RIAA = Warner EMI Sony Universal = WE-SU

      RIAA is a mask for WE-SU.

    40. Re:It would be a good thing... by Nefarious+Wheel · · Score: 1
      Keep the faith, inmontario. I abandoned a level 75 mage, 70 warrior and 50 sorc in two different online games because of Sony's antics. That's not trivial,either -- a large network of friends and several years of involvement, and a fair bit of revenue for them.

      The Internet is for Horde...

      --
      Do not mock my vision of impractical footwear
    41. Re:It would be a good thing... by Maestro4k · · Score: 3, Insightful

      How the hell did this get modded insightful? You're comparing apples and oranges here and you should know it. To wit:

      The OP is wrong. We pay for lots of things long after they're created, based on a theory of credit or cost spreading. For example, a bank pays the people who built your house up front, because most people don't have that kind of cash sitting around to do it themselves. You pay the bank for 30 years. The job is done.

      The OP's right, you're wrong. In the case you specify you're paying the bank for 30 years for giving you a loan. You're paying back that loan + interest. And it's you that pays the builders -- from the money the bank loaned you. The bank's not being paid for your house for 30 years, they're being paid back their money they lent you. If you don't pay up they can take your house away from you, but you _own_ the house until that point. No one in this situation is getting paid more than once for the service they provide. The builders get paid once for building the house and the bank's getting paid once for letting you have a loan. The bank's just letting you spread your loan payments out over time so that you can afford to pay them back. (Oh and they'll earn more interest if you don't pay it off early so they're more than happy to let you take the full 30 years.)

      You pay insurance premiums every month even though the agreement was created years ago. The insurance company isn't actually providing you with hundreds or thousands of dollars in service every month. You can only afford to have insurance because millions of other people are sharing the cost with you. You pay that bill, even if your lifetime payments actually add up to more than the policy limit, and even if you never actually make a claim.

      Actually your insurance company is providing you that service every month -- if you have an accident/etc. that qualifies as a claim on the policy. The rest of the time you're paying a fee to insure that they will cover you if something happens. Basically you're paying them to "insure" you can recover from catastrophic incidents. That others are paying into the pool as well is irrelevant, each of them is paying for the same service, they're not throwing money at nothing. As for lifetime payments being more than the policy limit, you can self-insure if you think that'll occur. Lots of companies do it, some people do as well. Most people aren't comfortable with self-insuring so they pay a company to insure them instead. The company's not getting paid for the same thing repeatedly, you're paying to make sure that they'll cover you each month in case something occurs. If you don't pay your premium for February and then have a wreck that month you'll find out that all that money you paid before doesn't help. That was because each payment was for the company to cover you for one period of time (be it 1 month, 3 months, 6 months or a year). And I don't know about you but my car insurance policy number actually changes every 6 months to reflect that it is indeed a new policy.

      If you buy a big-ticket item on credit and pay it down over time, your credit card company is profiting from a purchase you made months ago (profit far exceeding their opportunity costs for advancing you the money in the first place).

      In this case the store gets paid exactly once for the big-ticket item and you pay exactly once for it. You're paying the credit card company for giving you credit. The interest charged beyond the actual purchase price is their fee for letting you spread that big-ticket item's purchase out over time. Again, no one is getting paid more than once here. You pay interest to the credit card company until you've paid the balance off, then you don't. (Unless you charge more stuff to it, which is what they're counting on.)

      When you buy into a co-op or timeshare, you're paying for something that was probably paid off years ago and is

    42. Re:It would be a good thing... by Dr.+Hellno · · Score: 1
      In theory you could keep the painting, display it, and charge an admission fee to anyone who wanted to see it. You probably wouldn't be successful, but this is somewhat similar to how a museum works, except there you pay on a per-visit or subscription basis to view as many of their works of art as you choose. In fact, a clear analogy becomes apparent between traditional museums and subscription services like second-gen napster. The museum, being the owner of the works, gets paid for them again and again. Obviously the problem is in the definition of ownership; when somebody owns a painting, it is physically in their possession whereas music, well...

      It seems to me that the above is the real source of all the trouble we keep having with regards to IP. It is very difficult to logically argue that anyone actually OWNS something which doesn't physically exist, and that ambiguity causes conflict. The reality, however, is that we as consumers, and as the majority, should be allowed to define ownership in a situation where it cannot be logically determined from first principles. Nobody's right here, neither the record companies nor the consumers who abhor them. There are more of us (consumers) though, and that's why ultimately we should get our way here.

    43. Re:It would be a good thing... by Nefarious+Wheel · · Score: 1

      Copyight is, on the whole, beneficial. It ensures, for instance, that all artists will be fairly compensated for what they have created

      I agree. That is, I agree that was the intent anyway.

      Further, I think it would be a fair and just overhaul of the copyright laws if the copyright were bound irrevocably to the artists, deemed utterly non-transferrable, issuing only from the artist and the definition of copyright altered to ensure that no form of proxy, corporation, or other entity other than the original artist or artists could hold title to it. This would mean composers and other crafters of the vision, but not including corporations or other support organisations. The artists could pay their support crew for services rendered (and treated as a commercial transaction) but could not assign that copyright to that organisation.

      As a side benefit, it would favour the artists as creative directors and favour less the organisations that attempt to "manufacture" talent, something that's been dragging quality down since the days of Tin Pan Alley.

      The choreographer would own the dance, the dancers would own the performance, the artists the image on canvas, and the musicians their music. It might mean a bit of quibbling ("Paul owns the bass track") but better there than in the corporations, no? Artists in groups are used to arguing anyway. That way if you sell a piece of your soul it's you selling it, not some remote swivel chair pilot. Walt would own the mouse, not Disney Enterprises.

      --
      Do not mock my vision of impractical footwear
    44. Re:It would be a good thing... by mr_matticus · · Score: 1

      The OP's right, you're wrong. In the case you specify you're paying the bank for 30 years for giving you a loan. You're paying back that loan + interest.

      Yes, you are. But you're paying after the transaction is completed, which is the point you're missing. The bank earns more in the transaction than their lost opportunity cost in advancing the money and letting it sit and collect interest in the account, because the rate they charge is higher, and on top of that, they can use your house for 30 years as an asset to extend more loans to other borrowers, and then collect from them.

      The loan industry is a massive money-shuffling scheme, with profits that far exceed costs. The fundamental argument against copyright holders is that they "make more than their work is worth" according to people like you and the OP--yet the reality is that they make exactly as much as consumers are willing to part with.

      Actually your insurance company is providing you that service every month -- if you have an accident/etc. that qualifies as a claim on the policy

      That's not a service. They don't do anything other than cash your check every month. It's a risk spreading pool. Your money is used to pay off other claims, and if you die without every having made a single claim on your policy, you don't get that money back. They did absolutely zero work, but collected money based on the piece of paper they provided you with peace of mind.

      Copyrighted works are exactly the same. They provide you with entertainment, a similarly intangible quality to peace of mind. You're okay with insurance companies taking your money for doing nothing, but don't approve for someone else adopting another cost-spreading system.

      You get to enjoy a film for $15. Without the copies to spread the cost, you wouldn't be able to have a home library of major motion pictures unless you had a $50 million pile to commission one for your own private enjoyment.

      Basically you're paying them to "insure" you can recover

      Well, it's ensure, and no, you're just paying into a large money pool in exchange for a check under certain circumstances. Likewise, when you buy a DVD, you're paying into a large pool to finance the cost of the production, plus a handsome profit--a profit you don't deny the insurance companies.

      That others are paying into the pool as well is irrelevant, each of them is paying for the same service, they're not throwing money at nothing.

      Same with copyrighted works. The fact that it's a lower cost because it relies on smaller contributions from a larger pool is exactly the strategy used for selling copies.

      The interest charged beyond the actual purchase price is their fee for letting you spread that big-ticket item's purchase out over time. Again, no one is getting paid more than once here.

      No one gets paid "more than once" for CDs or DVDs, then, if that's the logic you want to apply. The fact that they can continue selling you copies is compensation for the fact that they let you spread that big-ticket item's purchase out over a large number of people.

      I love how you start off here saying you're buying stock in the work then turn around and change it to talking about owning the company. That's a bit of a difference there.

      Nothing's changed around, and there's no difference. Stock in a company works like copyrighted works as "shares" of the "work". You're awfully confused here. It's a simple metaphor.

      And I've got news for you, you DO own the CD/DVD/VHS/whatever you bought because the doctrine of first sale most definitely applies

      Whoa there, sparky! What does this have to do with anything?

      The market hasn't placed the value of a typical album or movie at any price. What the market has done is determine what those making the albums or movies pay for the various things they nee

    45. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      how about WE SU ?

    46. Re:It would be a good thing... by Lookin4Trouble · · Score: 1

      I think what he means is a piece of software that will compare his current .ogg files against a database of artists/albums/songs and let him know which ones are indie, which ones are RIAA-backed, without him having to punch in each and every artist/album/song one at a time...

    47. Re:It would be a good thing... by Arccot · · Score: 1

      Good idea. I like to paint. I say I start charging people every time they look at my paintings. It's funny you should mention this, since that's one of the ways art galleries make their money. Artists can continue to make money long after they complete their works, assuming they are quality enough and smart enough to loan their works or open their own gallery.

      Musicians aren't the only ones who make money long after the work is completed. Shrinkwrap software sells after it's completed, as do pretty much every penny of IP licensing fees.

    48. Re:It would be a good thing... by vyrus128 · · Score: 1

      It warms my heart to see someone helping tear down the old "but-corporations-are-just-groups-of-people" nonsense. Particularly someone well-liked around Slashdot. Thanks Ray. :-)

    49. Re:It would be a good thing... by dwandy · · Score: 1

      SHAME ON THOSE OF YOU WHO WENT OUT AND BOUGHT PS3s
      I understand each PS3 costs Sony money (they sell at a loss) ...so as long as you don't buy any games, you can cost Sony money by buying PS3s.
      And since you can run linux on it, it might actually provide pretty good bang-for-buck AND have the added benefit of draining some cash out of Sony.

      so shame on those of you who went out and bought games for their PS3s, instead of running linux on it :)

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    50. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      I would have to agree. As a consumer, I avoid, if I can, businesses whose sales tactics/merchandise irritates me. This sometimes 'paints me into a corner' where my stubborn streak of punishing businesses means I forgo their product entirely. It drives my wife insane....I find it amazing she sticks with me. I'm a wife. I do that too. It's the only thing we can do short of torching the factory. I won't buy Sony or Revlon ("Shake your body for me") products. Ever. Even at yard sales for pennies on the dollar.
    51. Re:It would be a good thing... by Anonymous Coward · · Score: 0

      Corporations don't have motivations; they're not sentient.

      The CEOs of the record labels have motivations. If Edgar Bronfman (Warner), Doug Morris (Universal), Guy Hand (EMI) and whoever is running Sony Music this week are the people who decide how many more people they're going to sue today.

      Of course, that would require them to be sentient.

    52. Re:It would be a good thing... by SwordsmanLuke · · Score: 1

      SHAME ON THOSE OF YOU WHO WENT OUT AND BOUGHT PS3s Amen! Sony has proven time and again with their anti-consumer practices that they do not deserve your money! Stick it to the man! Buy an XBox!
      --
      Any plan which depends on a fundamental change in human behavior is doomed from the start.
    53. Re:It would be a good thing... by xelah · · Score: 1

      Oh, the CEOs are sentient, but the CEOs are not the corporations. CEOs act in their own interests not the shareholders, though the two may have many things in common. If suing furthers the CEOs career and financial interests now but may threaten the corporation's profits longer term, then suing is what they will do. CEOs aren't in complete control, either. If lawyers in the organization see some juicy career opportunities from the corporation using law more then they may do what they can to make that happen - even if it isn't in the shareholders' interests. After all, lawyers don't tend to advise their rich clients not to sue...

    54. Re:It would be a good thing... by xelah · · Score: 1

      While consumer disinterest, etc., can have an effect, it is important in our society that the government -- which creates such 'immortals' -- regulate them quite carefully. To assume that market forces are alone sufficient to deter their excesses is just wrong. Of course they need regulation - which is why how people vote is important, because those at the top of corporations often have too much political influence through them and so the regulations can be insufficient. But those regulations need to consider that a corporation, in itself, can't be punished. Taking money from it can work because it harms, somewhat indirectly, those who control it via pressure from shareholders and the CEO job market. But compare fining a corporation to disciplining or disbarring a few individual lawyers for abuses and I can guess which would have the greatest effect on corporations' use of courtrooms.
    55. Re:It would be a good thing... by KarmaOverDogma · · Score: 1

      "If doing harm is profitable, corporations are programmed to do harm. They are programmed to do anything they can get away with. It is up to the government which created these extraordinary creatures to limit what they can get away with."

      That sounds like something straight out of the documentary "The Corporation."
      http://en.wikipedia.org/wiki/The_Corporation

      Have you seen it? (I have).

      As the president of a small "C" corporation, I found the arguments asserted in the movie more or less persuasive, particularly with regard to multi-nationals. To me, it seems like, in many cases, the larger and older the corporation, the more it focuses solely on income regardless of the activity required to get there, as long as it is legal or can be done without net loss financially (even if it is or may be illegal).

      The RIAA is a perfect example of this.

      --
      uR iGn0ranc3, Their Power
    56. Re:It would be a good thing... by lareader · · Score: 1

      While you are correct about corporations not being supernatural immortals, scouring the land for plebes to drain of their assets and blood, human psychology makes it very easy for corporations to become, in fact and deed, immortal sociopaths.

      Because people are people, we will be influenced by those who surround us, and the rules that we accept to live by. In the case of a corporation, as you say, the people who decide on something and the people who implement that decision can be sufficiently far away from one another that the externalities of that decision does not get fed back into the decision-making process.

      It allows both parties to disclaim responsibility:
      "I just did what I was ordered to do" - which is true, and this sort of responsibility-evasion only gets nullified in truly heinous cases - poisoning people so that a few more will die in 30 years is not a problem.
      "I didn't/couldn't know" - which is a *fascinating* defence by the CEOs/board/directors - apparently, the less you know about the business you are supposedly controlling, the less responsibility you have - an awesome disincentive for informed control and for some reason does not make the shareholders rise up en masse and demand the immediate termination of said uninformed asshat.

      Another reason for people seeing corporations as faceless demons are that corporations, unlike people, can reduce liability for their shareholders - and corporations can hold other corporations. Thus you have the sock-puppet defence "Oh, it wasn't MegaCorp that did that poisoning of your groundwater, that was CorpMega, an *entirely* different company which amazingly only handles subsurface storage of extremely toxic chemicals" - there are, of course, some recourse to this behaviour, but the problem is that the judicial system acts on a timescale that is quite a bit slower than the timescale within which companies can be created, sold, transferred and put into bankruptcy.

      Because corporations currently allow the dilution and sometimes wholesale avoidance of liability, they can be very attractive both for investors and for workers in a litigation-happy society.

      Essentially, corporations has had their rights expanded, and while corporations can be - for a brief while - kept in check by the morals and ethics of its leaders or board, with any public company whose first and last objective is increased profit to shareholders and with the limited liability to externalities that corporations currently enjoy, the morals and ethics of the individual worker is irrelevant as they will be replaced if objecting too strenuously.

      Also, while whistle-blowers exist that actually do report irregularities, it is NOT a rational choice. From the studies I read, whistle-blowers while happy as a group perversely have less physical health than the normal population (probably due to the stress of not being able to find much work).
      People with intrinsically strong morals are rather rare, and most Western societies have been giving disincentives (both ethical and practical) to people being moral for quite a long while. Perhaps we're only seeing some of the consequences of that now. If we're going to rely on people to be moral and "do the right thing," we will continue to be sorely disappointed, especially if we keep punishing them for being moral.

      The current young generation may, of course, turn out to save us all.
      I wouldn't bet on it, because they've see how much the flower power generation tolerates riots, dissent and disorderliness similar to the ones the flower children did - I wouldn't want to bet on the mercy of people who are very well aware of the fact that previous generations have pissed away the majority of the remaining natural resources in the world and now wishes to hold on to what they have "earned" no matter what it costs the current generation.
      Small wonder their generational dream seem to be to "work a bit and then travel" - why the heck would they want to keep up with the debt payments incurred by previous generations, when they are not even allowed to express their discontent the way the previous generation did?

  2. The RIAA have good intentions by Anonymous Coward · · Score: 0, Funny

    ...but a terrible implementation. Like it or not copyright law is on their side. And piracy is a net drain on the economy (I know I'm gonig to get modded down for that statement so I'm possting AC).

    For example, I own a struggling record store. CD sales have dropped through the floor. People aren't buying half as many CDs as they did just a year ago. Revenue is down and costs are up. My store has survived for years, but I now face the prospect of bankruptcy. Every day I ask myself why this is happening.

    I bought the store about 12 years ago. It was one of those boutique record stores that sell obscure, independent releases that no-one listens to, not even the people that buy them. I decided that to grow the business I'd need to aim for a different demographic, the family market. My store specialised in family music - stuff that the whole family could listen to. I don't sell sick stuff like Marilyn Manson or cop-killer rap, and I'm proud to have one of the most extensive Christian rock sections that I know of.

    The business strategy worked. People flocked to my store, knowing that they (and their children) could safely purchase records without profanity or violent lyrics. Over the years I expanded the business and took on more clean-cut and friendly employees. It took hard work and long hours but I had achieved my dream - owning a profitable business that I had built with my own hands, from the ground up. But now, this dream is turning into a nightmare.

    Every day, fewer and fewer customers enter my store to buy fewer and fewer CDs. Why is no one buying CDs? Are people not interested in music? Do people prefer to watch TV, see films, read books? I don't know. But there is one, inescapable truth - Internet piracy is mostly to blame. The statistics speak for themselves - one in three discs world wide is a pirate. On The Internet, you can find and download hundreds of dollars worth of music in just minutes. It has the potential to destroy the music industry, from artists, to record companies to stores like my own. Before you point to the supposed "economic downturn", I'll note that the book store just across from my store is doing great business. Unlike CDs, it's harder to copy books over The Internet.

    A week ago, an unpleasant experience with pirates gave me an idea. In my store, I overheard a teenage patron talking to his friend.

    "Dude, I'm going to put this CD on the Internet right away."

    "Yeah, dude, that's really lete [sic], you'll get lots of respect."

    I was fuming. So they were out to destroy the record industry from right under my nose? Fat chance. When they came to the counter to make their purchase, I grabbed the little shit by his shirt. "So...you're going to copy this to your friends over The Internet, punk?" I asked him in my best Clint Eastwood/Dirty Harry voice.

    "Uh y-yeh." He mumbled, shocked.

    "That's it. What's your name? You're blacklisted. Now take yourself and your little bitch friend out of my store - and don't come back." I barked. Cravenly, they complied and scampered off.

    So that's my idea - a national blacklist of pirates. If somebody cannot obey the basic rules of society, then they should be excluded from society. If pirates want to steal from the music industry, then the music industry should exclude them. It's that simple. One strike, and you're out - no reputable record store will allow you to buy another CD. If the pirates can't buy the CDS to begin with, then they won't be able to copy them over The Internet, will they? It's no different to doctors blacklisting drug dealers from buying prescription medicine.

    I have just written a letter to the RIAA outlining my proposal. Suing pirates one by one isn't going far enough. Not to mention pirates use the fact that they're being sued to unfairly portray themselves as victims. A national register of pirates would make the problem far easier to deal with. People would be encouraged to give the names of suspected pirates to a hotline, similar to TIPS. Once we know the siz

    1. Re:The RIAA have good intentions by jamar0303 · · Score: 1

      how many times has this been copy-pasted now?

      --
      OSx86 FTW
    2. Re:The RIAA have good intentions by Anonymous Coward · · Score: 0

      This guy's been out of business for years; with online music stores and his "Music Nazi - No CD for you!" attitude, he can't have enough to stay in business.

    3. Re:The RIAA have good intentions by Anonymous Coward · · Score: 0

      About as many times as someone posts an anti-RIAA/MPAA article where a 1 line "fuck the RIAA" post is modded insightful and any post even moderately pro-copyright (let alone posts explaining why most of the anti-RIAA/MPAA stories that get posted are FUD) is marked troll/flamebait

    4. Re:The RIAA have good intentions by c-reus · · Score: 1

      Having blacklist is, of course, a great idea, as we already know from sexual offenders blacklist and the no-fly list

    5. Re:The RIAA have good intentions by NotBornYesterday · · Score: 1

      I think it almost qualifies as a meme.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    6. Re:The RIAA have good intentions by Anonymous Coward · · Score: 0

      Yeah, but the GP is clearly a troll. I mean 'they have fought the War on Drugs with skill', come on.

    7. Re:The RIAA have good intentions by Anonymous Coward · · Score: 0

      ITunes is the #1 music seller now, it even beat out walmart, you can blame piracy all you want, but the reality is that brick and mortar for music (and probably most media...books included) just isn't the future.

      I haven't gone into a brick and mortar store for music in years, but I have legally purchased $1000's of dollars in music during that time. Guess how I did it? Business models die, new ones take their place, it's the way things are. Get a new business started if you are really that worried about your family. It's like poker, know when to fold.

    8. Re:The RIAA have good intentions by Anonymous Coward · · Score: 0

      LOL yummy yummy copypasta.

      one would assume the RIAA goons would generate some new content once in a while ;)

  3. In 6 months by Vampyre_Dark · · Score: 1

    In 6 months, that magazine will be called RIAA Week

  4. Good on you by jnmontario · · Score: 5, Insightful

    "The RIAA is fighting very hard to make sure that [Andersen's case] never reaches a jury," says Heidi Li Feldman. I would too if I were doing something on the fringe of legal in a twisted business model that pits your clients (recording artists) vs. their money source (consumers). Asshats!

    1. Re:Good on you by initialE · · Score: 1

      It may not have reached a jury, but it's definitely caught the public eye. Here on slashdot we're just a bunch of unorganized geeks, not necessarily from America, and not likely to put up a concerted defense. But perception out there is changing. Once lawyers smell money in the air from defensive and counter-offensive lawsuits against the likes of Sony, Warner, EMI and Universal (deep pockets to draw money from), we could have a case of ambulance-chasing here.

      --
      Starbucks, Harbuckle of Breath.
    2. Re:Good on you by Anonymous Coward · · Score: 0

      One of the charges against the RIAA that I haven't seen but we should throw in. Not sure what you'd call it exactly but..

      The board of directors in a corporation have a legal obligation to their share holders to make sound business decisions for the betterment of the company.

      I don't know about you but id LOVE to see the RIAA try to explain to a jury how suing its customer base into bankruptcy is a sound business model.

  5. This post is a Cut/Paste dupe of one that appeared by RotateLeftByte · · Score: 0

    here not too long ago when there was another article on...

    The RIAA

    Now there is a surprise indeed.

    --
    I'd rather be riding my '63 Triumph T120.
  6. Contradictions by EdIII · · Score: 4, Insightful

    But aggressive steps are necessary, it says, to stop rampant piracy that it figures costs the U.S. record industry at least $3.7 billion annually in sales. "The magnitude of this [theft] is incalculable", says Richard L. Gabriel, lead national counsel for the RIAA and a partner at the Denver law firm Holme, Roberts, & Owen"
    You got to love that. When they are talking to judges the histrionics starts and the damage is "incalculable". Yet, when they need to justify their actions, or their claims for damages it becomes calculable pretty quickly doesn't it?

    Funny thing is, that I think their first statement is actually right. The damages are "incalculable" since they quite often used flawed studies, doctored data, fallacious logic, etc. to come up with that "3.7 billion" number in the first place.

    Of course at the rate they are going it won't be long before they claim that every single TCP session established with the defendant is an instance of possible copyright infringement, or theft, and that it would just be easier to calculate damages based upon some one's bandwidth :P
    1. Re:Contradictions by Aranykai · · Score: 0

      Lets just think about that 3.7 billion.

      According to the 01 US Census, there were only 43,639 home's with internet connections. Safely assuming that has tripled over the last seven years, thats about 130,000 homes.

      So, 3.7 billion divided by 130,000 = 28,461.54

      Im supposed to believe that every internet user in the US has stolen equivalent of 28,000 dollars worth of music? Please. Lets be realistic.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    2. Re:Contradictions by untree · · Score: 1

      I think your 130,000 number is very low. This is just a hunch, unsupported by any effort on my part to ascertain the correct number. But I went to a university with over 40,000 students, and I assure you every single one of them had access to the Internet.

      I wouldn't want to provide support to an RIAA argument or statistic, but you can't possibly be serious that you think only 13 out of every 30,000 (130,000:300,000,000) Americans has Internet access.

    3. Re:Contradictions by Aranykai · · Score: 0

      Your right, my initial estimations were a bit low. But, I was basing that on the 2001 US Census.

      According to http://www.internetworldstats.com/stats.htm the current number is actually closer to 238,000.

      Still, even that my point stands. $16,000 per internet user is a bit high.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    4. Re:Contradictions by Aranykai · · Score: 2, Funny

      Damn my decimals.. Its 238 million.

      Ok, so my point is naught. Im going to go bury my head in the sand now and pretend that Im still smart.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    5. Re:Contradictions by Anonymous Coward · · Score: 0

      Do you honestly believe there are only 130,000 homes in the US with internet connections? Or that teenagers with laptops aren't using bootleg internet? The number of CDs and songs that need to be downloaded to achieve that 3.7 billion dollars goes down in proportion to the number of households using your theory, and trust me, .13 million households is conservative.

    6. Re:Contradictions by reallyjoel · · Score: 1

      Are you serious? I thought there were millions of homes with internet access in USA.. There are 9 million people in Sweden, and while I don't know how many homes that translates to, I think there's actually more homes with internet access here than 238.. edit: Just googled, and as of may 2007 there are 1.2 million homes in Sweden with -broadband- connection, and another 600k can have it if they like....

    7. Re:Contradictions by Anonymous Coward · · Score: 0

      Wow. That's quite possibly the dumbest post I've ever seen on Slashdot. Not only that, the dumb has been multiplied by a moderator who frankly shouldn't have breathing rights, let alone mod-points.

      At no point did you stop and think "Gee, for a country as big as the United States, 130,000 seems a little low."?

    8. Re:Contradictions by Scratch-O-Matic · · Score: 1

      This has bugged me for a long time. I have a strong suspicion that they just take the number of downloaded songs, add up the retail price if they had been purchased (or worse, in the case of each song, use the retail price of the ALBUM, since that's what their sales model has been based on for years,) and claim that those are the damages. This ignores, of course, the fact that the great majority of casual downloaders would never have purchased the music they downloaded for free. That doesn't make it right or legal, but it does reduce the "damages" by a few orders of magnitude. My opinion.

      --


      Evil is the money of root.
    9. Re:Contradictions by Curien · · Score: 1

      This ignores, of course, the fact that the great majority of casual downloaders would never have purchased the music they downloaded for free.

      That only matters from a political and business standpoint. From a legal standpoint, all that matters is the market value of the item stolen.

      I mean, come on. Should a car jacker be treated less harshly because he never would have actually bought the car at market value?

      --
      It's always a long day... 86400 doesn't fit into a short.
    10. Re:Contradictions by Snocone · · Score: 2, Interesting

      False analogy.

      Carjacking is theft. Downloading is copyright violation.

      The difference is that theft deprives the owner of use of the original.. Copyright violation does not.

      An unfalse analogy would be "Should someone who constructs a fibreglass replica of my Lamborighini, violating Lambo's design copyright, be treated less harshly than a carjacker of my Lamborghini, because he never would have actually bought the car at market value?" To which the answer, to any sane person, is "Well, duh."

    11. Re:Contradictions by hung_himself · · Score: 1

      I mean, come on. Should a car jacker be treated less harshly because he never would have actually bought the car at market value? Trollish - but it's a lazy Sunday...

      The actual analogous question is "what is the loss to the owner of a car's design if a copy of the car is made for private use?" In this case, whether the car copier would have bought the car at claimed market value or not does indeed speak to the losses that the car copyright holder incurs and the damages that he should receive if any...

      The car jacker is analogous to the person who steals a CD from a store - which, as we know, brings far lower penalties than copying it...
    12. Re:Contradictions by dal20402 · · Score: 1

      Um, those numbers were in thousands. Try 43.6 million homes with internet connections.

    13. Re:Contradictions by Curien · · Score: 1

      The difference is that theft deprives the owner of use of the original.. Copyright violation does not.

      So what? The law is very clear on what the punishment is.

      --
      It's always a long day... 86400 doesn't fit into a short.
    14. Re:Contradictions by Curien · · Score: 1

      In some make-believe world, your analogy makes sense. In the real world, where damages for copyright violations in the US are based upon *market value* for the copied item, my analogy is actually correct.

      --
      It's always a long day... 86400 doesn't fit into a short.
    15. Re:Contradictions by Anonymous Coward · · Score: 0

      You need to apply at least a minor amount of thought to these numbers before you start doing things with them.

      Internet communications is a multi-billion-dollar business, and has been for a long time. Every single person I know has an internet connection. It's nearly as pervasive as telephones at this point. The idea that less than one person in a thousand in this country has an internet connection is ridiculous, and should indicate that the number is somehow broken.

    16. Re:Contradictions by Scratch-O-Matic · · Score: 1

      You make a good point. I understand the ooncept of legal damages that you have described. I was thinking more along the lines of the claims that "downloaders have cost the industry XXX billion dollars." I believe these claims are false.

      --


      Evil is the money of root.
    17. Re:Contradictions by NormalVisual · · Score: 1

      In the real world, where damages for copyright violations in the US are based upon *market value* for the copied item, my analogy is actually correct.

      Damages for copyright infringement are absolutely NOT based on market value, unless you can somehow explain how the market value for something that sells for less than a dollar via a legal online vendor somehow gets turned into a value between $750 and $150,000. I suggest that it is *you* and not the parent that are speaking from the "make-believe world".

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    18. Re:Contradictions by gnasher719 · · Score: 1

      Carjacking is theft. Downloading is copyright violation.

      The difference is that theft deprives the owner of use of the original.. Copyright violation does not.
      That is factually correct, but very misleading. For copyrighted works, the value of physical possession is in most cases very little (some antique records have significant value as physical objects); the value lies in the ability to charge money for allowing to make copies, and that is what copyright violation takes away.
    19. Re:Contradictions by gnasher719 · · Score: 1

      Damages for copyright infringement are absolutely NOT based on market value, unless you can somehow explain how the market value for something that sells for less than a dollar via a legal online vendor somehow gets turned into a value between $750 and $150,000. I suggest that it is *you* and not the parent that are speaking from the "make-believe world".
      The problem is that the law seems to consider for example Microsoft Office (for sale for a few hundred dollars) or some bespoke software solution that was created for a few hundred thousand dollars as _one_ copyrighted works, but a CD box "100 B-sides from the 60's" that sells for $19.99 in your supermarket counts as _one hundred_ copyrighted works. So making _any number_ of copies of Microsoft Office carries a penalty from $750 to $150,000, while making any number of copies (including one) of the hundred song box set counts as hundred offences with a minimum penalty of 100 x $750.
    20. Re:Contradictions by NormalVisual · · Score: 1

      This is my point - the statutory damages for copyright infringement are merely a range of numbers that Congress pulled out of its collective butt and stuck into the U.S. Code, and bear little to no resemblance to the actual nature or value of the copyright that has actually been infringed.

      However, I would think that in your example the courts would consider each copy of Office to be a separate offense subject to the $750 minimum, unless Microsoft wanted to get really snarky and say that each individual file on the disk should be counted as a single work, which they could probably get away with. :-)

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    21. Re:Contradictions by EdIII · · Score: 1

      I have a strong suspicion that they just take the number of downloaded songs, add up the retail price if they had been purchased (or worse, in the case of each song, use the retail price of the ALBUM, since that's what their sales model has been based on for years,) and claim that those are the damages


      Whether or not a pirate would have purchased the music if the illegal distribution channel did not exist is irrelevant. A good point, and certainly up to debate, and I agree with you, but still irrelevant. They would be demonstrably wrong in assuming the damages are the retail price of the ALBUM, since that is their whole conflict with iTUNES. Consumers no longer wish to buy albums of music, but want to buy them one song at a time. So even if a pirate was going to buy music from them at retail prices, it would not be by the album, but by the song. Apple has PLENTY of data that PROVES this beyond any doubt.

      I do actually regret that consumers can do this too. I believe in the integrity of the album, and I have been exposed to plenty of good music that was not among the 1 or 2 tracks that are usually the "best" of the album. What can you do though? Times change. Adapt or die. Certainly not, times change, customers change, so sue the shit out them.
    22. Re:Contradictions by Anonymous Coward · · Score: 0

      "From a legal standpoint, all that matters is the market value of the item stolen. I mean, come on. Should a car jacker be treated less harshly because he never would have actually bought the car at market value?"
      If it were theft, then yes. But this isn't a case of theft!

      It's a case of copyright infringement. We're not talking about a physical object like a car. The real damages for theft and copyright are different. Because if I steal a car from you, you can't sell it; but if I download a song from you can still sell it... You're not out any money of the sale because you can still sell license to the music to other people (including the person who illegally downloaded it in the first place), and technically you have no real measurable loss.

  7. Tag Suggestion by dreamchaser · · Score: 0, Offtopic

    abouttime

    1. Re:Tag Suggestion by drinkypoo · · Score: 1

      It's pretty amazing, huh? First Vanity Fair does their article on the evils of Monsanto (although I was upset to see a piece on weather control in the same issue lambasting chemtrail-believers are conspiracy kooks, especially after the latest tidbit about German chemtrails) and now this attack on the RIAA. It's almost like the media is developing a conscience. This is of course not what is happening; in reality, they are discovering that we like articles like these, which is good enough.

      I guess the question is, how do we get more magazines to do more articles like this?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  8. Re:This post is a Cut/Paste dupe of one that appea by Anonymous Coward · · Score: 0

    Dude, they're popping up every time.. Occasionally with slight differences. Welcome to the world of trolls...

  9. I surprised what the NewYorkCountryLawyer says by iamsamed · · Score: 0, Flamebait
    and not get into trouble.

    I wonder if he can say that the RIAA lawyers and the RIAA are a bunch of needle pricked mother fuckers who'd sell their own mother into prostitution.

    Or, the NewYorkCountryLawyer thought of working for the RIAA one time but his parents were married and they turned him down because of it.

    By the way, is there a lawyer(s) that have the same zeal towards our Government's intrusion on our Civil Liberties. Yeah, the EFF and ACLU are doing things, but not quite on NYCL's level.

  10. A little OT, but... by gwniobombux · · Score: 1

    A little OT, but the link in TFS actually points to the print version of TFA (no, I didn't read it). This is like "Submitting To Slashdot: Best Practices". Kudos to NYCL.

  11. Ridiculous lawyers. by Sj0 · · Score: 4, Funny

    Gabriel says it's not accurate to say the RIAA dropped its suit for lack of evidence. He says the user name Gotenkito may have been inspired by Kylee, since she admitted she liked Dragon Ball Z, a Japanese anime TV series that has a character with a similar name. He also says Andersen said in her deposition that she knew or listened to some of the country and rock artists whose songs were offered for download.

    If you take a far enough stretch, you can 'prove' anything.

    Hey, anyone here ever heard of Bon Jovi? THERE! PROOF YOU'RE A THIEF!

    Hey, is your kid a fan of a wildly popular TV show? THERE! THE COMPLETELY UNRELATED GUY'S USERNAME WAS VAGUELY JAPANESE! PROOF POSITIVE YOU'RE A THIEF!

    Hey, RIAA member companies brought Rammstein, a german band, to prominence. Hitler was German. THERE! PROOF POSITIVE THAT THE RIAA HELPED RUN NAZI DEATH CAMPS!

    --
    It's been a long time.
    1. Re:Ridiculous lawyers. by zoomshorts · · Score: 1

      Those bastards !!

    2. Re:Ridiculous lawyers. by TapeCutter · · Score: 1

      Oh-oww, I've got a framed portrait of Marley!

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    3. Re:Ridiculous lawyers. by Sique · · Score: 1

      Hitler was in fact Austrian.

      There is an old saying about the three mayor achievements of Austria in history.

      1) Making everyone believe they were a victim in WWII.
      2) Making everyone believe Ludwig van Beethoven was from Austria.
      3) Making everyone believe Hitler was German.

      --
      .sig: Sique *sigh*
    4. Re:Ridiculous lawyers. by Sique · · Score: 1

      Which inevitabely leads to the Obligatory Joke:

      In Soviet Russia portraits of Marley frame you.

      --
      .sig: Sique *sigh*
    5. Re:Ridiculous lawyers. by Anonymous Coward · · Score: 0

      hitler was, in fact, made a german. he denounced his austrian citizenship sometime between the wars and was granted german citizenship by the state of braunschweig. german citizenship was a prerequisite of him being chancellor.

    6. Re:Ridiculous lawyers. by Sique · · Score: 1

      I stand corrected.

      --
      .sig: Sique *sigh*
    7. Re:Ridiculous lawyers. by Anonymous Coward · · Score: 0

      Hey, RIAA member companies brought Rammstein, a german band, to prominence. Hitler was German. THERE! PROOF POSITIVE THAT THE RIAA HELPED RUN NAZI DEATH CAMPS! Hey! Seriously people, we'll never win as long as some of us insist on breaking Godwin's law every time an RIAA story is posted.
    8. Re:Ridiculous lawyers. by d34thm0nk3y · · Score: 1

      Hey, RIAA member companies brought Rammstein, a german band, to prominence. Hitler was German. THERE! PROOF POSITIVE THAT THE RIAA HELPED RUN NAZI DEATH CAMPS!

      That Sj0 is a funny guy. I liked when he mixed up a truthful statement in with his examples of bad logic to keep us on our toes. Funny stuff!

  12. It's worrying actually by Xelios · · Score: 5, Insightful

    And here's the part that worries me, "The record labels declined to comment for this story, referring questions to the RIAA."

    Lets take the best case scenario and say this class action lawsuit ends up being 100% successful and destroys the RIAA. The record labels behind the organization will simply dissolve it, like a snake shedding old skin. The next day a new association will spring up, using new devious tactics for the next 10 years before they too are finally ousted, and so on. Until Sony, Universal, EMI and Warner are held accountable for the actions of the RIAA this won't change.

    They've done it at least once already, "The Settlement Support Center was a less public part of the initiative. Its name may suggest a neutral organization set up to resolve disputes with evenhanded objectivity. In fact, it was financed by the record industry and operated like a cross between a call center and a debt collection firm. The SSC has since been dissolved."

    --
    Murphey's fighting Occam, and we're in the stands.
    1. Re:It's worrying actually by TimHunter · · Score: 4, Informative

      The difference is, of course, that we're on to them now. Although the scenario you describe may have used to work, the 'net is putting a crimp in such plans. The web allows "regular people" to interact and organize at almost no cost. We can share information via blogs like Slashdot, p2pnet and Recording Industry vs. the People. The article says that Anderson "searched the Net for a case like hers." Her lawyer can use the 'net to find and communicate with other lawyers who are fighting the same fight to share advice and strategy.

      The 'net helps even the playing field. Think about Sony, still recovering from getting their asses handed to them over the rootkit debacle, backing off on their plan to charge extra for a crapware-free PC http://blog.wired.com/gadgets/2008/03/sony-pay-an-ext.html within a day of the news hitting the intertubes.

      Go read the stories on the Consumerist http://consumerist.com/ about customers using the 'net to get refunds on bad deals and real service from fake "service departments" from the likes of Sears, Citibank, and Comcast. (Well, maybe not Comcast.)

      The Internet, like the printing press, is a transformative technology. That means nothing is ever going to be the same. You and I already know it and sooner or later Big Business will, too. For an excellent book on the power that the 'net brings us, check out Clay Shirky's Here Comes Everybody: The Power of Organizing Without Organizations.

    2. Re:It's worrying actually by aitikin · · Score: 3, Insightful

      It's worth pointing out that the suit isn't just the RIAA, it has been specified (in TFA) that the suit is "...against the RIAA, the SSC, MediaSentry, Warner Music Group, EMI Group, Sony BMG Music Entertainment, and Universal Music Group..." Hopefully, if and when they win their case, it takes out more than just the RIAA and SSC (which is already dead, as parent pointed out), it can move on to all the others. Not saying that it's going to happen, just pointing out that the likelihood is there.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    3. Re:It's worrying actually by Lunarsight · · Score: 1

      Lets take the best case scenario and say this class action lawsuit ends up being 100% successful and destroys the RIAA. The record labels behind the organization will simply dissolve it, like a snake shedding old skin. The next day a new association will spring up, using new devious tactics for the next 10 years before they too are finally ousted, and so on. Until Sony, Universal, EMI and Warner are held accountable for the actions of the RIAA this won't change. Right, so you kill the snake. Starve it until it shrivels up and dies.

      This means BOYCOTT their product. Don't buy it. Don't pirate it. Don't LISTEN to it.

      Will people actually do this? No - because most people are wimps. The rebellious spirit that founded this country has been dead and buried for a long time.

      There's also the matter of exposure. Think about it - how long can you go in any given day without hearing a song by a major record label artist? They're on television. They're in commercials. They're used in sporting events, video games, movie soundtracks. Heck - you can't even turn on the news without hearing about pop stars. You walk down the street, and the music is frequently played outside. It's pumped into stores you may be shopping at. Of course, there's also the pop-music-infested internet. (Take Last FM, for instance - I can't go thirty seconds there without seeing some inane banner advertisement for a pop star.)

      I think the other half of the battle is somehow snuffing out this exposure, which is an uphill battle, to say the least. (It has to be done one television and radio at a time, I guess.)

    4. Re:It's worrying actually by m.ducharme · · Score: 1

      ...it takes out more than just the RIAA and SSC (which is already dead, as parent pointed out).... thankfully, there's a fine legal maxim that applies: "just because it's dead, doesn't mean you can't riffle through the corpse."
      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    5. Re:It's worrying actually by Anonymous Coward · · Score: 1, Insightful

      Not really.

      There is actually an easy way to get rid of the RIAA and the "Big Four":

      1. Seed the P2P networks with files containing random noise named as popular songs.
      2. Get a large group of sharers, with easily associated IDs, to share these files.
      3. Let the RIAA collect the IPs and song titles and try to sue thousands to millions of people (and lose)
      4. Profit!

    6. Re:It's worrying actually by initialE · · Score: 1

      It's been pointed out before, but the RIAA doesn't actually file any suits, instead referring the case to the parent corporation whose rights had been allegedly infringed. Any countersuit would have to include that corporation. No weaselling out of that one, nope.

      --
      Starbucks, Harbuckle of Breath.
    7. Re:It's worrying actually by NewYorkCountryLawyer · · Score: 1

      The RIAA files the suits. The record companies are named as the plaintiffs.

      --
      Ray Beckerman +5 Insightful
    8. Re:It's worrying actually by emaname · · Score: 1

      You've eloquently expressed something that worries me as well.

      And (hopefully) to expand on this perspective, business has been coddled and protected for decades by our single political party that wears two faces and names, the republicrats or the democrans. And what makes this political party so consistent in its existence and behavior is the influence that business has been able to apply to it in the form of lobbyists and special interests. In combination with the special groups like the RIAA, MPAA, BSA (Business Software Alliance not the Boy Scouts), etc, the citizen (now consumer) is powerless. We must expose these business entities for what they are - immoral organizations that are driven by greed.

      Our only recourse is to reclaim our role as citizens. And we do that by 'voting with our wallets.' This simple phrase contains a subtle but very important implication. That is, we must make choices based on ethics and intelligence. We must be aware of what is right for our fellow human (not the business) and our environment. If we do this, business must change. The only other possible results are enslavement in a society of the haves and have-nots or anarchy.

      --
      An effective "democracy" creates the illusion the people have a say in their government.
    9. Re:It's worrying actually by Anonymous Coward · · Score: 0

      Actually I believe the actually companies are listed as codefendants. So that wouldn't work.

    10. Re:It's worrying actually by steelfood · · Score: 1

      Yes, and if they lose, all that'll happen is that the music labels will be slapped with a fine totalling $2 billion--to be completely paid for in CD's.

      Countersuits are great as a deterrent against their driftnet, and the publicity of such actions sway public opinion against the RIAA. However, what really needs to happen is for the labels to be marginalized. And bands like NIN and Radiohead, along with countless indie bands and distribution channels have done far more to this end than any amount of lawsuits will ever do.

      It's not about how much blood we can draw from these dinosaurs; it't about how to starve them to death.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  13. Privacy lost by masonc · · Score: 2, Insightful

    Where did Verizon get teh right to hand out usage information to other businesses? Last I heard the USA was not China, we were not supposed to be subject to monitoring in a Big Brother fashion. Who lets these assholes away with reading our mail, watching our internet usage, censoring our access to information. The culture of the free internet is gone, we are now mice under observation in a lab. Nothing we say or do is private, everything is made available to big business to chew on for opportunities to market to us, extort us, or sue us. And it will only get worse.

    --
    CM www.cometenergysystems.com Blog: http://caribbeanrenewable.blogspot.com/
    1. Re:Privacy lost by socsoc · · Score: 1

      TFA says they were responding to a subpoena. Last I heard subpoenas were issued by the justice system, not other businesses.

    2. Re:Privacy lost by Solandri · · Score: 1

      Where did Verizon get teh right to hand out usage information to other businesses?
      Re-read the contract you signed with Verizon when you got your phone / internet / TV service. You probably gave them that right.
  14. Q's and A's by Stanislav_J · · Score: 4, Insightful

    About time. The more "mainstream" pub on this whole debacle, the better. I think, if you were to lay out all the facts and history in front of the American people (well, those with brains, anyhoo), they would feel this way:

    Is piracy wrong? Yes.

    Does much P2P activity infringe on copyrights? Yes.

    Do copyright holders have the right to defend and protect those copyrights? Yes.

    Do the "yes" answers above justify bullying, intimidation, and harassment; spurious, questionable, and sometimes downright wrong technical claims; spying by 3rd parties; end runs around the legal system; or a general reluctance to allow accused file sharers to defend themselves, or take their case to a court of law? NO.

    The last question is where the RIAA loses whatever moral high ground they may have.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:Q's and A's by drinkypoo · · Score: 1

      The American people are in general not qualified to discuss copyright law, not just because they are ignorant of the law but because they have been brought up to believe that the current system is the only possible system and they will defend that idea to the death even though they have actually not put one iota of thought into the issue.

      Personally, I think that copyrights are wrong, and that piracy is therefore basically a force of nature and the road to repairing the situation.

      However, copyright being wrong is tied into the belief that capitalism as it exists today is wrong, so I doubt I'll get many takers. (For those who disagree, however, can you please explain how it is reasonable to create a system in which one person's right to have more than they need while others are dying in the gutters, at least partly due to the actions of the members of the first group, is enshrined?)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Q's and A's by krazytekn0 · · Score: 1

      The very fact that you have the time and opportunity to spend on the internet tells me that you have more than you need. (As do I) So do you really believe what you are saying or does it just make you feel good? You simply can't claim to believe something like that without it changing entirely the way you live your life. There's probably some single parents in your area that need help (your extra time) and access to the internet (why not yours?) But you're too busy telling everyone on /. that having more than you need is wrong to help them at the moment.

      I'm not saying your views are wrong, I'm not trying to insult you personally, I just hate hypocrisy. And beliefs like the ones you're espousing are not things you argue with people, they're the ones YOU ACT ON if you believe them. Mother Theresa believed as you claim to, she changed a LOT more peoples' minds on issues of human rights and suffering than you will ever do... And one is hard pressed to find any bit of wasted time in her life or any bit of extra possessions that were not essential to her existence.

      I know it makes you feel all warm and fuzzy inside to say you think this way, just try to remember that the next time a drunk on the street is asking for your help, and ask yourself "Do I really BELIEVE all that crap about people dying in the gutters? Or do I want to go home and read /. instead of taking this guy to a hotel and getting him cleaned up, fed, and to a good counselor?"

      Better living conditions come when people ACT, not when they simply "believe" something.

      --
      Not all life is cyber. Extra Income
    3. Re:Q's and A's by drinkypoo · · Score: 1

      The very fact that you have the time and opportunity to spend on the internet tells me that you have more than you need. (As do I) So do you really believe what you are saying or does it just make you feel good?

      You are making a specious comparison. I do not have money pouring out of my ass. If I did, I would be making investments that help people; you can make money AND help people at the same time.

      I'm not saying your views are wrong, I'm not trying to insult you personally, I just hate hypocrisy. And beliefs like the ones you're espousing are not things you argue with people, they're the ones YOU ACT ON if you believe them.

      When I have a few million dollars and can choose to oppress people or not, you'll have a point.

      I know it makes you feel all warm and fuzzy inside to say you think this way, just try to remember that the next time a drunk on the street is asking for your help, and ask yourself "Do I really BELIEVE all that crap about people dying in the gutters? Or do I want to go home and read /. instead of taking this guy to a hotel and getting him cleaned up, fed, and to a good counselor?"

      What you're talking about is the golden rule: "Do unto others as you would have them do unto you." What I'm talking about is the rule of law. So really, you're way off topic. I'm not sure if you constructed this off-center argument because you didn't understand what I'm saying, or because you want to discredit me without actually addressing the subject. So let me clarify my position.

      In this world, you have only what you can take and hold. All the talk about "human rights" and whatnot is lovely and idealistic, but the simple truth is that the system is not designed to protect these rights - and it can not be. For instance, there is nothing about declaring your "right to life" that will prevent your death.

      The system of law throughout the Western world is entirely capitalistic. While in theory we live in a semi-democracy (a republic, with some democratic process at some levels) in reality you only really get to vote with money. In fact, a lot of our tax money is used to lie to us, to get us to vote for things we don't want or need. Some of it is also used to silence detractors. Some of these people disappear; some of them are served with gag orders; some are recruited, and silenced in that fashion. It's all. about. money.

      Having beat that point home, let me move on to explaining the meat of my former comment: The law is set up to protect those who have a lot of money and thus help to perpetuate the system. Besides the system in which the government gets to blow our money any way they like, and the proliferation of unfunded mandates today, let's just inspect tax law. In 2000, the top 10 taxpayers paid taxes on only 50% of their income. If all were forced to pay taxes at the same rate, the situation for the other taxpayers would be much better. You know, the people who actually do the work and make it possible for these assholes to own everything?

      Let me just underscore this point with the former point, now: In a natural system, when someone amasses that much wealth, someone or someones come along and take it from them. If you're a lion and you're standing on a pile of 200 gazelles, you can be pretty sure that you will have some competition for it. I feel that this comparison is fairly apt because that Lion simply can not eat all that meat before it spoils. By the same token, when someone sits on money (and a lot of the money held by rich fuckers is in the form of cash, not even invested; a significant portion of the investment money is also held as cash reserves) it harms the economy. The money represents work, and when we're not working, we're not getting paid. See how that works? Any time companies transfer a bunch of money in exchange for some antiquated IP, a crime is being done to the American people.

      Better living condition

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Q's and A's by Anonymous Coward · · Score: 0

      Piracy is wrong only if the majority of people say it is. If they do not, and the law is changed, then the other arguments fall away. The question should be "Is piracy illegal?"

    5. Re:Q's and A's by SirSlud · · Score: 1

      You need to look into the history of copyright law. It was enacted for some good reasons, but not the reasons you seem to think.

      --
      "Old man yells at systemd"
    6. Re:Q's and A's by Jane+Q.+Public · · Score: 1

      I agree with a lot of your arguments, but you fall flat when you introduce Mother Theresa. If you really knew much about her (and I suggest you do some reading before bringing her up again), you would know that while on the surface she was a great humanitarian, she was in fact a nutcase who abused and unnecessarily prolonged the suffering of the ill, even when it was within her power to cure them in some cases.

      I know that is not the popular perception of her... but find out the truth for yourself. Jeez, dude, this stuff has been on the History channel (and a few hundred other sources).

    7. Re:Q's and A's by HiThere · · Score: 1

      Actually, I disagree also with the first assertion.

      When "Piracy" is restated as "Copyright infringement", then the whole thing becomes a bit muddy. When you consider that the particular laws being infringed were written by the media companies and passage was purchased, then I believe a good case could be made for copyright infringement being moral civil disobedience.

      It's true that this isn't the classic form of civil disobedience, but with the penalties written so high, why would anyone expect to find the classic form. You'd be more likely to find targeted assassination and hired hit-men. It would be cheaper and safer. (And even that I would consider to be political action, though quite un-civil.)

      The laws are unjust. Obeying them is not the duty of the citizenry. Just how one should avoid obeying them is a matter of tactics and strategy. And morals. But these folk have already demonstrated a willingness to escalate the stakes to a major felony level, so an actual felony isn't disproportionate reaction. And they've demonstrated that they are willing to coerce us to pay their agents (via taxes) for the suppression of services as their greed demands. So the payment of agent to act in our stead is not immoral.

      OTOH. One must consider what kind of society would evolve. Boycott, total boycott, is a better answer. Those, however, who will not boycott are not being immoral when they try other tactics. Short-signted, yes. But that's a different matter.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:Q's and A's by Anonymous Coward · · Score: 0

      I'd love to see figures on how many people have settled at the bullying stage. That whole "if you pay us (some random company of questionable legal status you've never heard of) $5000 we won't tell the RIAA to take you to court"

    9. Re:Q's and A's by NewYorkCountryLawyer · · Score: 1

      I would estimate that the cases break down like this:
      70% default judgments
      25%+ settlements
      less than 5%: fight back.

      --
      Ray Beckerman +5 Insightful
    10. Re:Q's and A's by krazytekn0 · · Score: 1

      So you only want to share if you have enough to share and STILL have more than you need? That really jives well with what you said in your first post. Thanks for making my point.

      --
      Not all life is cyber. Extra Income
    11. Re:Q's and A's by Anonymous Coward · · Score: 0

      Is stealing goods from ships at gunpoint wrong? Yes

      Is sharing files on the internet wrong? No.

      File sharing =!= theft.

  15. Let's Stand Up - A Call to Action (mildly O/T) by rathehun · · Score: 5, Interesting

    Reading through this story, it continues to shock me -- not what asshats the RIAA etc are -- but that we here, at the collective hive-mind that is Slashdot, haven't already come up with a way to help people wrongly being prosecuted by them and their sleazy lawyers.

    There seems to be a clear pattern to their targets - people who know relatively little about technology and who are more likely to settle than battle it out in courts. I'd argue that we need to help these people out.

    About halfway down the story, the defendant, Tanya Andersen is said to have looked up information online, hoping to find information on similiar cases.

    Why don't we, through /., set up a site, aggregate information about similiar cases and build up a body of evidence to "[...] show that the RIAA engaged in serial bad-faith lawsuits [...]". In the long run, the space could serve as a place for debate on the current copyright regime, the inflated monetary value assigned to the songs/movies downloaded, etc.

    I'm sure that some of us here are lawyers as well - maybe some time could be spent decoding the various court documents/legal stuff that the RIAA sends out - a distributed legal advice centre (cue Beowulf joke)...

    This is just an idea, of course - but I'd be happy to get involved in whatever way I can. I have some small amount of expertise in building websites - perhaps that's the first place to start...

    1. Re:Let's Stand Up - A Call to Action (mildly O/T) by Ihmhi · · Score: 4, Interesting

      Why don't we, through /., set up a site, aggregate information about similiar cases and build up a body of evidence to "[...] show that the RIAA engaged in serial bad-faith lawsuits [...]".

      Because that would take away from precious time ogling the latest Star Trek film or signing petitions to stop Uwe Boll from making movies. d:

      All jokes aside, if you are serious about such a project, then figure out what you need to do it technologically - is the site going to use PHP? Would you just do it easy and go with Wikimedia? etc.

      Once you have a rough plan, you would have to find people with the talents you need who are willing to help on their free time. Projects like this (ones where people don't get paid) often have staff members that abandon ship faster than a rowboat full of Cuban refugees at the Florida coast. Anyone working on it would have to document/comment everything appropriately so their inevitable successor can continue their work.

      What can you do? Well, if you wanted to fill the ambiguous position of "Project Lead", you can start by registering a .com and getting some decent hosting for the site. Again, you'll need a plan ahead of time aside from a few paragraphs in a /. comment to get some people to get on board with the project.

      Is theriaaareabunchofthievingbastards.com taken? It might be too long, but it makes the point...

    2. Re:Let's Stand Up - A Call to Action (mildly O/T) by ricosalomar · · Score: 2, Informative

      EFF does this, better than we could. Give 'em a hefty donation.

    3. Re:Let's Stand Up - A Call to Action (mildly O/T) by Anonymous Coward · · Score: 0

      Reading through this story, it continues to shock me -- not what asshats the RIAA etc are -- but that we here, at the collective hive-mind that is Slashdot, haven't already come up with a way to help people wrongly being prosecuted by them and their sleazy lawyers.

      Slashdot readers != Superfriends
    4. Re:Let's Stand Up - A Call to Action (mildly O/T) by n1ffo · · Score: 4, Informative

      Why don't we, through /., set up a site, aggregate information about similiar cases and build up a body of evidence to "[...] show that the RIAA engaged in serial bad-faith lawsuits [...]". In the long run, the space could serve as a place for debate on the current copyright regime, the inflated monetary value assigned to the songs/movies downloaded, etc.

      It seems to me like Groklaw would be a perfect place for this sort of activity. After all, isn't it the sort of thing they did in the early days of the SCO trial?
    5. Re:Let's Stand Up - A Call to Action (mildly O/T) by rathehun · · Score: 2, Informative

      Because that would take away from precious time ogling the latest Star Trek film or signing petitions to stop Uwe Boll from making movies. d:

      It's surprising - I just read a transcript of a talk by Clay Shirky titled Here Comes Everybody which talks about the 'cognitive surplus' that we have these days - and how the potential exists for large-scale distributed social projects to grow, given the rampant free time which exists with our four/five day working weeks.

      Once you have a rough plan, you would have to find people with the talents you need who are willing to help on their free time. Projects like this (ones where people don't get paid) often have staff members that abandon ship faster than a rowboat full of Cuban refugees at the Florida coast. Anyone working on it would have to document/comment everything appropriately so their inevitable successor can continue their work.

      More important than the underlying technology would definitely be planning for and accomodating the 'rowboat nature' of this project, yes.

      What can you do? Well, if you wanted to fill the ambiguous position of "Project Lead", you can start by registering a .com and getting some decent hosting for the site. Again, you'll need a plan ahead of time aside from a few paragraphs in a /. comment to get some people to get on board with the project.

      Well, for me, /personally/, it's not completely out of the blue - it's really the culmination of plenty of thought on copyright and the desire to do _something_, but never really knowing how my limited HTML/CSS skills could take on teh mighty Empire!

      If anybody's interested, do chime in - I have some hosting and I could afford to register a .com/.org.

      Oh, and ;-)

    6. Re:Let's Stand Up - A Call to Action (mildly O/T) by drinkypoo · · Score: 1

      You're making the whole thing too complicated. WAY too complicated. Social sites work like this: You put up a forum and take some suggestions. Then you figure out which ones are good, and implement them. Need more people? If your site is popular, just ask for some assistant admins or editors, and you'll get more responses than you can use; then you just have to read all these people's posting history to see if they a) post and b) have a brain. Work your way up from there. Once the forum starts getting unwieldy then you implement the other parts of the site and just C&P info from the forums into them. Then users can comment on those new pages, et cetera. Wordpress, Drupal, whatever; it all begins with the installation of a CMS, and takes little more if you know what you're doing at all.

      Remember, a major point of using Free software is the lack of lock-in. Until the site gets large it's usually fairly easy to migrate your data. So you have some time to pick your software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Let's Stand Up - A Call to Action (mildly O/T) by perlith · · Score: 1

      It's human nature to complain and say "that's not right" and "shame on you". However, it's rare when somebody takes a call to action as a result.

      Look at the current state of politics or the current struggle by management. By the time you acquire enough power/authority to make a difference, you are trapped within the system itself. Sure, you can continue to struggle and fight it, and eventually you might make a difference. However, most people aren't willing to make the sacrifices necessary to do as such, and jump ship early, or never board the ship in the first place. Incremental and small changes, not transformational and large changes, are usually the end result.

      By all means, if you can devote the time, money, and energy in such a pursuit, most of us would welcome it. Good luck with it. Post a link once it's ready.

    8. Re:Let's Stand Up - A Call to Action (mildly O/T) by Anonymous Coward · · Score: 0

      Reading through this story, it continues to shock me -- not what asshats the RIAA etc are -- but that we here, at the collective hive-mind that is Slashdot, haven't already come up with a way to help people wrongly being prosecuted by them and their sleazy lawyers.



      There seems to be a clear pattern to their targets - people who know relatively little about technology and who are more likely to settle than battle it out in courts. I'd argue that we need to help these people out.



      About halfway down the story, the defendant, Tanya Andersen is said to have looked up information online, hoping to find information on similiar cases.



      Why don't we, through /., set up a site, aggregate information about similiar cases and build up a body of evidence to "[...] show that the RIAA engaged in serial bad-faith lawsuits [...]". In the long run, the space could serve as a place for debate on the current copyright regime, the inflated monetary value assigned to the songs/movies downloaded, etc.



      I'm sure that some of us here are lawyers as well - maybe some time could be spent decoding the various court documents/legal stuff that the RIAA sends out - a distributed legal advice centre (cue Beowulf joke)...

      What, you mean like our very own NewYorkCountryLawyer's page, http://recordingindustryvspeople.blogspot.com/ ? Incidentally, he's the submitter of this story, as well as countless others on this subject here.
    9. Re:Let's Stand Up - A Call to Action (mildly O/T) by NewYorkCountryLawyer · · Score: 1

      Reading through this story, it continues to shock me -- not what asshats the RIAA etc are -- but that we here, at the collective hive-mind that is Slashdot, haven't already come up with a way to help people wrongly being prosecuted by them and their sleazy lawyers. There seems to be a clear pattern to their targets - people who know relatively little about technology and who are more likely to settle than battle it out in courts. I'd argue that we need to help these people out. About halfway down the story, the defendant, Tanya Andersen is said to have looked up information online, hoping to find information on similiar cases. Why don't we, through /., set up a site, aggregate information about similiar cases and build up a body of evidence to "[...] show that the RIAA engaged in serial bad-faith lawsuits [...]". In the long run, the space could serve as a place for debate on the current copyright regime, the inflated monetary value assigned to the songs/movies downloaded, etc. I'm sure that some of us here are lawyers as well - maybe some time could be spent decoding the various court documents/legal stuff that the RIAA sends out - a distributed legal advice centre (cue Beowulf joke)... This is just an idea, of course - but I'd be happy to get involved in whatever way I can. I have some small amount of expertise in building websites - perhaps that's the first place to start... Anything I can do to help, let me know.

      Other areas where people can help would be:

      (1) Setting up panels of expert witnesses to work in the two important areas: (a) p2p file sharing and MediaSentry's junk science, and (b) hard drive forensics.

      (2) Money (see, e.g., defense funds, but it is important for someone to set up a major legal defense fund to assist with compensating lawyers to defend these folks. It is amazing to me that the internet based corporations haven't yet seen the importance of funding the defense of these cases which, if they are lost, will establish horrendous legal precedents for anybody hoping to do business on the internet.)
      --
      Ray Beckerman +5 Insightful
    10. Re:Let's Stand Up - A Call to Action (mildly O/T) by NewYorkCountryLawyer · · Score: 2, Insightful

      Yes but my work is not enough. I am just one 60 year old guy who has to also try to make a living. It is important for the community to come together, and to establish a major web site or wiki type of operation coordinating information.

      It is also for the community to get involved in (1) establishing panels of expert witnesses to work for modest fees on the internet issues and hard drive forensics issues, and (2) major fundraising to assist in the legal defense of these folks.

      --
      Ray Beckerman +5 Insightful
    11. Re:Let's Stand Up - A Call to Action (mildly O/T) by labnet · · Score: 1

      Often the person who sees the problem *IS* the person to champion that cause.

      --
      46137
    12. Re:Let's Stand Up - A Call to Action (mildly O/T) by hsmyers · · Score: 1

      Already exists: http://recordingindustryvspeople.blogspot.com/

    13. Re:Let's Stand Up - A Call to Action (mildly O/T) by NewYorkCountryLawyer · · Score: 1

      Already exists: http://recordingindustryvspeople.blogspot.com/ Thank you, hsmyers. But my humble blog is an amateur effort by one 60-year-old guy who doesn't have the time, or all of the skills, or any of the money, to do the job right.

      It is a great idea for
      -a larger number of people,
      -with a diversity of backgrounds, including the web design background which I do not have, and the tech background which I do not have, and the time and financial resources which I do not have,
      -of varying ages, some of them hopefully younger,
      -to come together and create something more powerful, more sturdy, and more long lasting.

      Imagine a web site where one could go to find legal information by subject matter, or obtain a highly qualified expert witness for a specific task to rebut the RIAA's "junk science", or send in emails to ones' Congressperson, or so many other resources that are needed.

      Yes my blog has been a pain in the butt to the RIAA, and I am proud of what I have done, but something bigger and better might be what we need to finally eradicate these vermin.
      --
      Ray Beckerman +5 Insightful
    14. Re:Let's Stand Up - A Call to Action (mildly O/T) by jdp · · Score: 1
      I think the idea of building a collection of all the RIAA cases (and court documents) is a really interesting one, valuable both as a resource for defendants' and their lawyers and for highlighting the pattern. And great points in the comments too about building on the work that NewYorkCountryLawyer has done and partnering with Groklaw, EFF, etc.

      One way of making progress is to start up a blog thread announcing this (potential) project and asking who's interested -- Recording Industry vs. People is would be a great spot for it. Circulating this through the blogosphere would gauge interest, and get various perspectives on the right technology base (a wiki, a CMS, etc.). Hey, maybe you could even get it on Slashdot :-)

      By the way, for people interested in campaigns like this, there's an all-day workshop on education and activism on social networks on May 22 as part of this year's Computers, Freedom, and Privacy conference.

    15. Re:Let's Stand Up - A Call to Action (mildly O/T) by hsmyers · · Score: 1

      Ray, the trouble with hiding your light under a bushel basket is that the damn baskets burn! Yours and PJ's are necessary reading for me each and every day despite what they do for my blood pressure. I suspect that it is a labor of love for you, but if there is anyway that I can help you roll that stone to the top of the hill, just ask...

      --hsm

    16. Re:Let's Stand Up - A Call to Action (mildly O/T) by Anonymous Coward · · Score: 0

      Better yet, set-up an anti-RIAA PAC funded by internet donations. Helping to fund and inform defenses is one thing. Going after them through the legislative branch is far more effective. Congress has complete constitutional authority over copyright law. Sure, RIAA has hundreds of millions. But that money has to be distributed to many tasks. If you convince only fifty million Americans to donate, say, twenty dollars, you could easily outspend them in lobby efforts. You would also provide representatives with a rhetorical and moral high ground as they introduce and defend fair legislation on this issue.

  16. Re:I surprised what the NewYorkCountryLawyer says by TapeCutter · · Score: 1

    "I wonder if NYCL can say that the RIAA lawyers and the RIAA are a bunch of needle pricked mother fuckers who'd sell their own mother into prostitution."

    He might be able to work it into parody somehow? Besides, pointing to a well researched "David and Goliath" article in a respected bussiness magazine and letting people paint thier own picture is much more effective.

    Speaking of law, does anyone know if it would be illegal for think geek to print and sell a deck of cards using images of their faces?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  17. RIAA Deathwatch by Phoenix666 · · Score: 1

    Consumers are abandoning physical media in droves; filesharing is way up; Radiohead, NIN, Madonna, and now Metallica (!) are eschewing the labels; and those who have been sued by the RIAA are starting to win cases and university law schools are turning beating the RIAA into class projects.

    How long before the RIAA and the labels behind them vanish?

    If /. implements new features, a deathwatch meter (like a /. poll, but ongoing) would be a fun one...

    --
    Do what you can, with what you have, where you are.
  18. Saw the future last night by timeOday · · Score: 4, Interesting

    Yesterday I heard about Nine Inch Nails new album (Ghosts) on NPR. I visited the band homepage, paid $5 (yes $5) via paypal, and downloaded the new album in FLAC. I didn't have to install a special software client (this turned me away from the amazon store), didn't have to use a centralized service, didn't have to create an "account" with a new password I'll never remember, nothing. Buy and enjoy. I'll admit I have downloaded unauthorized copies in the past. But at $5, which mostly goes straight to the artist, what is the excuse?

    1. Re:Saw the future last night by cmacb · · Score: 1

      I didn't have to install a special software client (this turned me away from the amazon store),

      I had a similar distaste for yet another vendor "utility". But as Amazon did at least make the effort to work cross-platform I decided to try it on my current stable Debian machine. I had to satisfy one dependency via "apt-get", after which the Amazon utility installed very gracefully, inserting menu items into my KDE desktop and all. As far as I can tell all it does is act as the download agent and drop the files into a special directory, using sub-directories named as artist and album name (which is exactly what I would have done by hand). The files are high quality MP3. Yes, a FLAC option would be nice but at the bit rate they use I don't think I could tell the difference.

      I had been using iTunes previously, but I don't want to be locked into always having OS X available as I am one of those weird people who prefer Linux to OS X.
    2. Re:Saw the future last night by Gazzonyx · · Score: 1

      How is the pricing? I'd check the site, but I'd like to know from an actual user of said service... It's like asking for the pricing on a cell phone plan at Radio Shack and then asking people who use that plan... iTunes has been nice for me, but lately, I'm running more an more Linux/BSD boxes, and cutting my iTunes habit earlier than later would be great (that, and they bricked my iPod with a firmware update I didn't really want).

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    3. Re:Saw the future last night by cmacb · · Score: 1

      The prices for individual tracks seem to vary between 89 and 99 cents (although all I have purchased were 89). You don't even need ANY special software to download a single track, those are just web based downloads, plain and simple.

      The complaint had been about albums though, for which they force you to have the software, which seems rather odd. Album prices vary a lot, but my guess is that in most cases are less than the iTunes price and always less than the CD price.

      The main advantage of buying the album rather than all the individual cuts, other than the convenience of a single click, is that you get a discount over the individual cut prices, same as iTunes. I guess if you want to get the album, they don't want to keep track of which tracks you have or have not already downloaded and so forcing you into the application makes their accounting easier. (That's the only rationale I've come up with).

      One other thing I like about Amazon... If I get it in my head that I want a particular album or track, I can go to Amazon and almost always find it. If they have the download I am likely to buy it that way. If not though, I'm right there at the CD page and can have it mailed. Download or no download my shopping is done. If iTunes doesn't have it, I end up having to go to Amazon anyway. Considering that I immediately convert all my iTunes purchase to MP3, the Amazon experience is a lot faster in most cases.

    4. Re:Saw the future last night by Anonymous Coward · · Score: 0

      You can download from amazon without the client. But flac>mp3 - good choice.

    5. Re:Saw the future last night by Anonymous Coward · · Score: 0

      The Amazon software is is pretty nice. You can set your download directory and never have to worry about downloading again. You get the songs as soon as you click the buy button. They are straight MP3 files so you can do whatever you want with them. I imagine they will put some kinds of markers in the files so it might not be a good idea to share them. Actually, it would be a pretty bad idea since we really want a DRM-free download service like Amazon's to expand, not decrease.

      Also, paypal is far, far worse than Amazon could ever aspire. That is one of the most crooked operations out there. It does not take much searching to find all the problems with PayPal and their illegal schemes of "world domination". Please, give me the Amazon client over my checking account getting drafted for no reason with no legal recourse.

  19. Steal? by Anonymous Coward · · Score: 0

    The article keeps using the word "steal". I don't think that word means what they think it means.

  20. Enforced subject here by danwesnor · · Score: 1

    He also says Andersen said in her deposition that she knew or listened to some of the country and rock artists whose songs were offered for download.
    RIAA: Ma'am, have you ever heard of Johnny Cash.
    Andersen: Yes, I saw that movie about him.
    RIAA: Pirate!!!!! Say goodbye to your children, it's Gitmo for you!!!
  21. RICO? by Anonymous Coward · · Score: 0

    At what point can the RIAA be brought into court on RICO charges?

  22. Re:I surprised what the NewYorkCountryLawyer says by DarkOx · · Score: 1

    That has allot to do with the fact that they could not get very far that way. The government pretty much gets to decide if you can file a civil suit against them or not.

    You mostly have to wait for them to come after you for a criminal matter, which you can then turn into a constitional matter via appeals if your rights are possibly being infringed. So someone basically has to be on the hook for something. Historically people have broken laws so as to create that situation, especially during the civil rights revolution. You have to be willing to accept the consequences of likely imprisonment though before you can go down that path.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  23. The article has it all wrong by Pig+Hogger · · Score: 1

    The article has it all wrong. There is nothing personal in the RIAA's action, it's strictly a business decision.

  24. Interesting quote by CrackedButter · · Score: 1

    "The magnitude of this [theft] is incalculable," says Richard L. Gabriel. I'm wondering how they calculated the 3.7 billion in lost sales or any supposed 'lost sales'.

    1. Re:Interesting quote by Fishchip · · Score: 1

      You don't need to wonder.

      You -know- they pulled it out of their ass.

    2. Re:Interesting quote by drinkypoo · · Score: 3, Insightful

      "The magnitude of this [theft] is incalculable," says Richard L. Gabriel. I'm wondering how they calculated the 3.7 billion in lost sales or any supposed 'lost sales'.

      They count every download as a lost sale.

      This is an obviously specious metric. Everyone has downloaded music for perusal, found out that it sucked ass, and deleted it. And pretty much everyone with bandwidth and friends without it has downloaded music for someone else and either deleted it or has it lying around, never listened to once. These are of course not necessarily lost sales, because these days you can go to a record store and listen before you buy.

      The law takes the attitude that duplication and distribution are themselves illegal acts. However, if they do not result in a lost sale, who is being harmed? This is the basic problem with copyright law as it is today written.

      I think it's pretty clear that if you can't demonstrate a simply provable loss of revenue, that no one has been significantly hurt. An argument that someone is giving away an endless supply of what you're selling and therefore harming your profits looks reasonable on its face, but if you are selling squid-flavored apple-rutabaga smoothies, then most of the people who get one are just going to pour them out anyway. THIS is what the music industry is upset about today. They want to control the previews of the music. With mp3 downloads people do not need to buy music without knowing if it's good or not, so they can't just make a SUPERSHIT album with one hot single and then sell it to you on that basis any more; practically no one listens to music in the store before they buy it unless it's in the little kiosk, although you can do this in many stores. This is also why the MPAA is so upset about bittorrent downloads. The Movie Theater experience is getting worse all the time and if you know the movie sucks, you aren't going to go see it.

      The solution is to make movies and music that aren't shit, and sell them on their merit, but most of these guys wouldn't recognize talent if it ran a train on their ass, so that's pretty much a non-starter business model for the major labels.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Interesting quote by toriver · · Score: 1

      They count every download as a lost sale.

      Worse than that; in order to call it theft they practically have to count every download as a loss or expense.

      Which does not make sense at all.

    4. Re:Interesting quote by mr_matticus · · Score: 1

      This is an obviously specious metric. Everyone has downloaded music for perusal, found out that it sucked ass, and deleted it. And pretty much everyone with bandwidth and friends without it has downloaded music for someone else and either deleted it or has it lying around, never listened to once. These are of course not necessarily lost sales, because these days you can go to a record store and listen before you buy. It's not. If you are the only legal producer of widget X, and you've sold 10,000 of them, but you've got evidence that there are 13,000 out there and can prove it, then you have lost 3000 times the price of widget X because they were acquired without payment. It doesn't matter if they got it underhanded and then decided it sucked and threw it away, or if the only reason they have it is because there was a pile of free ones in an alley someplace, and if they couldn't have gotten it for free, they wouldn't have it.

      It's a thuggish argument. When most people get things unlawfully "for free", it's because they wouldn't have paid for them anyway. We're not talking about a starving man stealing a loaf of bread here. We're talking about an affluent group of gimme-gimme whiners with a mistaken sense of entitlement.

      "I stole it to try it out, but then I destroyed it at no cost to you" isn't a defense. It's not even a justification. After all, these days you can go to a record store and listen before you buy. You can go to a second-hand shop and get a copy at a low enough price that it doesn't matter, and if you hate it, you can usually exchange it for something else. Why didn't you take advantage of legal methods to do so? The online stores even have previews. Some of them stream full-length music for that purpose.

      The problem with the RIAA is that they don't really have evidence in most cases, but they snarl and bark anyway. It's their own fault for not embracing a digital sales model that made sense early on. But to say that it's a specious claim that each download is a lost sale is plainly false.

      It's unlawful acquisition without payment. You took something without paying. You are in possession of a good, for which legal possession is based on payment, and you did not. The focus of the analysis is on what you did, not what its consequences were to the victimized party. You cannot slice that in a way that does not create legal liability for you. The only place the "but no one was hurt" game comes into play is in determining the amount of liability, and that is offset against your affirmative justification for taking it. Since legal options readily exist, that justification fails, and the out-of-pocket loss, or lack thereof, loses relevance. If you take my TV, I don't really lose any money, because my home is insured. I've paid out more in insurance premiums than the claim to replace it, so I lose nothing and the insurance company still makes its massive profits. That doesn't mean you can take my TV.
    5. Re:Interesting quote by drinkypoo · · Score: 1

      It's not. If you are the only legal producer of widget X, and you've sold 10,000 of them, but you've got evidence that there are 13,000 out there and can prove it, then you have lost 3000 times the price of widget X because they were acquired without payment. It doesn't matter if they got it underhanded and then decided it sucked and threw it away, or if the only reason they have it is because there was a pile of free ones in an alley someplace, and if they couldn't have gotten it for free, they wouldn't have it.

      This is a stupid argument and you are a stupid person for making it, primarily because it costs nothing to make a digital copy of an album. It's also stupid because people who can't afford things often buy cheaper versions of the same thing.

      "I stole it to try it out, but then I destroyed it at no cost to you" isn't a defense. It's not even a justification.

      And copyright infringement is not theft.

      How much are you being paid to shill?

      The focus of the analysis is on what you did, not what its consequences were to the victimized party. You cannot slice that in a way that does not create legal liability for you.

      That's nice. I'm talking more about the morality of the situation.

      If you take my TV, I don't really lose any money, because my home is insured. I've paid out more in insurance premiums than the claim to replace it, so I lose nothing and the insurance company still makes its massive profits. That doesn't mean you can take my TV.

      Again, copyright infringement is not theft. I am not depriving you of anything if I make a copy of an album I wouldn't have paid for anyway. It is illegal, but I do not believe it to be immoral and in a world not ruled by corporate interests, it would be legal. And when the labels are irrelevant, and the movie studios are irrelevant, perhaps it will be; or perhaps it will be the game studios (it's going to take a large team to make a complex game for a long time; I think this will actually change for movies before it changes for games and it's already well on its way) that are behind copyright law in fifty years, and we'll be bitching about EA instead of Sony (or whoever, I just like to pick on them.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Interesting quote by mr_matticus · · Score: 1

      This is a stupid argument and you are a stupid person for making it, primarily because it costs nothing to make a digital copy of an album. It's also stupid because people who can't afford things often buy cheaper versions of the same thing. It doesn't matter what it costs, or even what it's worth. Just because you're a whiny, self-important brat with entitlement issues doesn't change the fact that it's not yours, it's theirs, and if you don't want to pay for it, you can live without it. Period.

      And copyright infringement is not theft. Stealing != theft.

      I'm talking more about the morality of the situation. No, you're not. You're talking about what you wish the morality of the situation were. The unfortunate (for you) reality outside of your basement cave is that society has deemed it wrong to take what isn't yours to take. Further, "morality" also must be viewed in the light of the first-person actor. An act that is wrong remains wrong even if no one is hurt by it.

      I am not depriving you of anything if I make a copy of an album I wouldn't have paid for anyway. Yes you are. You are depriving "me" (by which I assume you mean the rightsholder) of my exclusive right to control distribution. Whether or not you approve of that system, you have no right to interfere. Buy your art and CDs from someone with terms you're willing to accept.

      Or do you believe that it's okay to trespass, and that's a silly law, too? Maybe you're opposed to laws about peeping toms and voyeurs, too? The perpetrator isn't depriving you of anything there. OH, wait, there's those pesky things about dominion over your property and the right to quiet enjoyment.

      t is illegal, but I do not believe it to be immoral and in a world not ruled by corporate interests, it would be legal No, it wouldn't. It was illegal long before the "world" began being ruled by "corporate interests".

  25. Existing cases by Anonymous Coward · · Score: 0

    OK, so what happens to existing cases if the RIAA dissolves? Can a nonexistent/disbanded entity sue, or does the case simply pass on to one of the child corps?

  26. They brought piracy on themselves. by mrthundercleese4 · · Score: 1

    It seems years back when CD's were just beginning to be marketed, and almost immediately people were complaining about their high prices.I really doubt piracy would be as big now if CD prices would have started and stayed at $5 a CD. I also think because of the high prices of music it has gradually played a smaller role in our lives. Compare how much you spent on music 10 years ago to today. People are spending their money on movies and video games where you get more value for the dollar.

    1. Re:They brought piracy on themselves. by linesma · · Score: 1

      I remember those days. At the time, manufacturing a CD ran from $3 to $5 each. The rest of the $25 that a CD cost supposedly went to the record company and the artists, and if memory serves, the artist got about $2. During the days of records, artists were getting so little from their products that they would go on tour just to make money. This was all happening as the price of recordings was increasing. Then came Tom Petty. He fought his record label over the high price of music and was semi-successful in having the prices frozen and lowered in some cases. Then when Metallica started this mess, they were asked if they ever made illegal copies of music, and they said YES! This whole mess reminds me of Disney bring a lawsuit against the manufacturers of VCR's because you could record "The Wonderful World of Disney" back in the late 70's and the controversy over cassette tapes when a tape recorder was finally priced where your average consumer could buy one.

    2. Re:They brought piracy on themselves. by cliffski · · Score: 1

      I wish people were spending that money on video games, but no, your average slashdotter probably pirates 99% of the games he plays too.

      If you pirate content, the content provider won't make any more, because it didn't sell and he has rent to pay too. the #1 best way you can ensure nobody makes stuff you enjoy, is to pirate the stuff you enjoy.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    3. Re:They brought piracy on themselves. by Tuoqui · · Score: 1

      Well most games are pretty shitty to or basically rerolls of older games into a 'new version'...

      Just look at EA Games, they basically crap out a hockey, football, baseball, soccer, tennis, etc... game each year when nothing major really changes in the gameplay and/or the team make ups and such.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    4. Re:They brought piracy on themselves. by BubbaJonBoy · · Score: 1

      Well - the truly interesting thing about this is that in fact, Congress had hearings *years* ago and found the music companies were gouging on the prices. They paid a fine (where'd the money go?), and were instructed to revise their prices - to my knowledge which never happened. I think one thing was the stipulation they had to donate so many current CD's to libraries for free. Took 'em years and they delivered crap that nobody would want to listen to. I think what we're seeing now is that back then the music industry figured out they needed more politicians in their pockets before proceeding any further with *their* legitimized piracy.

  27. Re:GNAA Penis Rocket To The Moon Project - Bakesal by clang_jangle · · Score: 1

    Damn, those links don't work -- I am so disappointed!

    --
    Caveat Utilitor
  28. Deceptively Simple by dreamchaser · · Score: 1

    It is really as simple as writing the editors of the publications in question. If enough people write them with cogent messages (not things like TEH MAFIRIAA SUX0RS!) then our voices are more likely to be heard.

  29. Interesting choice of words by lysse · · Score: 4, Interesting
    Mr Gabriel, for the RIAA, asserts that:

    we could have pursued the case until the end of time.
    That's interesting in itself, considering that most people who engage in litigation only pursue a case until they win; is he in fact implicitly admitting that the RIAA could not have won the case, merely strung it out for as long as it took to bankrupt everyone else involved?
    1. Re:Interesting choice of words by NewYorkCountryLawyer · · Score: 4, Informative

      Mr Gabriel, for the RIAA, asserts that: we could have pursued the case until the end of time.

      That's interesting in itself, considering that most people who engage in litigation only pursue a case until they win; is he in fact implicitly admitting that the RIAA could not have won the case, merely strung it out for as long as it took to bankrupt everyone else involved? Yes. That's his specialty. Stringing cases out until the end of time, until everyone else -- including his clients -- are bankrupted.
      --
      Ray Beckerman +5 Insightful
  30. You mean besides pension plans? by Garwulf · · Score: 1

    "For the specific case of copyright, it is the only business model on the face of the planet where employees (read: distributors+"Artists") are expecting to be paid decades or even centuries after they are finished the job."

    You mean, besides pensions?

    Oh yes - creative artists don't get those...

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
    1. Re:You mean besides pension plans? by penix1 · · Score: 2, Insightful

      You mean, besides pensions?


      Pensions are paid into as agreed upon by the employer and the employee with the lion's share being footed by the employee. All the while, corporations are playing financial games with those pensions declaring bankruptcy to get out of them.

      Oh yes - creative artists don't get those...


      And neither do McDonald's employees. What's your point?
      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    2. Re:You mean besides pension plans? by Anonymous Coward · · Score: 0

      You're a fucking idiot.

    3. Re:You mean besides pension plans? by cpt+kangarooski · · Score: 1, Redundant

      Oh yes - creative artists don't get [pensions]...

      That depends on their arrangements with their employer, if they have one. No one is preventing it, but I'd agree that it is not common practice, when possible.

      Still, a copyright is not a substitute for a pension. Only a small minority of copyrights have any economic value whatsoever, and of those, the vast, vast majority have most of their value only for a brief time after publication in a given medium. The length depends on the type of work; a daily newspaper has a window of a few hours, a movie in the theaters has a few weeks, a novel has perhaps a year.

      Only the tiniest, tiniest number of works have long-lasting economic value. The odds of creating one are on par with winning the lottery. I don't think that anyone would ever suggest that people should play the lottery, rather than invest wisely, or getting a pension, etc.

      If an artist is concerned about providing for himself in his old age, or for his family, he should consider whether or not he ought to stay an artist at all; if he can't make money, he really ought to consider a different career. If he does make money, he ought to make careful investments, rather than spend it all, expecting a permanent windfall. He ought to support social welfare programs, as a safety net in case he does run into big financial problems.

      An artist who expects to get paid decades later may often find himself disappointed, simply because the audience isn't there. A pension should be more reliable than that.

      So if you're going to promote copyrights as a boon for artists, please be realistic about it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:You mean besides pension plans? by Garwulf · · Score: 1

      "So if you're going to promote copyrights as a boon for artists, please be realistic about it."

      I was simply pointing out that pensions involve people getting paid long after the job was finished, which is what creative artists keep being damned for.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    5. Re:You mean besides pension plans? by MobileTatsu-NJG · · Score: 1

      And neither do McDonald's employees. What's your point? I was a McDonald's employee for 2 years and I don't think I brought in near the amount of money that RIAA artists have. Still, though, I was proud to work at a Fortune 500 company.
      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    6. Re:You mean besides pension plans? by Anonymous Coward · · Score: 0

      "I was simply pointing out that pensions involve people getting paid long after the job was finished, which is what creative artists keep being damned for."
      Pensions are a retirement savings account. You get paid based on what the company and you put in. That is completely different than getting a cut of current sales of a product. You're a fucking moron if you can't discern that difference.

      I hope you get hit by a bus.

  31. Nothing legal about Extortion. by gnutoo · · Score: 3, Insightful

    The only thing legal about any of this is abuse of process. What you are looking at is mass produced fraud that should result in disbarment of everyone involved and jail time for the ring leaders. They knew what they were going to do to "dolphins" like Anderson with their "drift net" tactics. They also thought they were aiming for a less sympathetic but more pliable target when they targeted "rich" college kids. In all cases, the victims were stripped of their life savings if they caved in and of everything now and forever if they fought. The RIAA music sharing cases are one of the most degraded abuse of the legal system by the rich and powerful ever.

    It's time for a backlash. The emails and reports behind this fraud should be ripped open to expose the guilty at the big music publishers.

    1. Re:Nothing legal about Extortion. by NewYorkCountryLawyer · · Score: 1

      The only thing legal about any of this is abuse of process. What you are looking at is mass produced fraud that should result in disbarment of everyone involved and jail time for the ring leaders. They knew what they were going to do to "dolphins" like Anderson with their "drift net" tactics. They also thought they were aiming for a less sympathetic but more pliable target when they targeted "rich" college kids. In all cases, the victims were stripped of their life savings if they caved in and of everything now and forever if they fought. The RIAA music sharing cases are one of the most degraded abuse of the legal system by the rich and powerful ever. It's time for a backlash. The emails and reports behind this fraud should be ripped open to expose the guilty at the big music publishers. Well spoken, gnutoo. I share your sentiments.
      --
      Ray Beckerman +5 Insightful
    2. Re:Nothing legal about Extortion. by gnutoo · · Score: 0

      Thanks, please keep up the good work.

  32. Wrong Questions give bad Answers. by gnutoo · · Score: 1

    The real question is the central point of copyright law, "What is the best way to share culture and knowledge?" Words like "piracy" have nothing to do with that question and are propaganda terms invented by companies that grew fat off government grants of spectrum in the 20th century. The internet allows people to bypass paper and broadcast publishing so those interests should be ignored. The best way to share culture and knowledge may be to allow limitless, non commercial reproduction by individuals and non profit organizations. It may be that there's much less money in publishing than there was when it was limited by scarce resources like spectrum and paper but it's better to live in freedom with abundant knowledge and culture than it is to preserve the companies that would profit by robbing us of those good things and the ability to share.

    Don't bullshit me about the death of culture either. People will continue to amuse and educate each other without Sony, EMI, WB and their ilk. Live performances will regain their value as the scarce resource they really are. Nothing could be worse than current radio broadcasts. Textbooks will stabilize around real knowledge and lots of other good but unpredictable things will come out of free culture. It will be better than what we have known in the past.

    The questions you ask lead us to policies like SoundExchange and other mechanisms of extending broadcast power over the internet. The question I've asked leads to freedom and justice. Which do you like better?

  33. Ad hominem by Brain-Fu · · Score: 2, Insightful

    Asshats!

    Though you didn't imply that copyright law needs to change because the RIAA are asshats, the entire theme of this post did. So I would like to challenge that directly.

    1) The RIAA claims that we need to strictly enforce copyright law (and charge per copy) in order to ensure that artists get paid and continue making music.
    2) The RIAA are asshats.
    Therefore: we don't need copyright law (and strict enforcement) in order to ensure that artists get paid and continue making music.

    This is an example of the "ad hominem" logical fallacy. Yes, they are asshats, but that has no bearing on the arguments they use to defend their business model.

    I would summarize their position as a variant of the Hypothetical Syllogism (I am adding more premises than allowed, for brevity).

    1) If we do not have strict interpretation and enforcement of copyright law, then people will be able to get an artists work for free.

    2) If people can get an artists work for free, then most people will.

    3) If most people get an artists work for free, then artists will not be able to make enough money to sustain themselves.

    4) If artists cannot make enough money to sustain themselves, then they will have no economic incentive to produce music.

    5) If artists have no economic incentive to produce music, then they will not make music.

    Therefore: in order for there to be music (which we obviously want), there must be strict enforcement of copyright law.

    To the best of my knowledge, that is the line of reasoning being advocated, and it should therefore be logically attacked.

    I would specifically (and individually) attack premises 3, 4, and 5. According to the US Department of Labor most musicians work part time (already can't sustain themselves but work anyway) and also many of them earn money through live performances (monetizing their work even though free music is presently available). So my attacks, specifically, are:

    3) Artists can still monetize their work, through live performances, merchandising, and alternative business models.

    4) Even the lesser gains of part time employment or low-income alternative business models qualify as economic incentive.

    5) Some artists produce music for the love of producing music, and think of compensation only after the fact.

    So there you have it. In a nutshell I would say that we should at least experiment with the alternative business models, and see how they pan out. If all artists stop making music and America starts to experience cultural starvation, we can always reintroduce strict copyright enforcement later on...and then with much more universal support. As it stands, we are unwilling to even try, largely as a result of irrational argumentation (and, of course, a few wealthy/powerful entities who stand to benefit from our irrational behavior).

    1. Re:Ad hominem by d34thm0nk3y · · Score: 1

      Calling someone an asshat is an ad-hominem attack. Saying an ad-hominem attack invalidates any other points that were made is also an ad-hominem attack.

    2. Re:Ad hominem by ultranova · · Score: 1

      Saying an ad-hominem attack invalidates any other points that were made is also an ad-hominem attack.

      Actually it's a non-sequiter - the conclusion "conclusion is wrong" doesn't follow from the premise "the argument used to defend the conclusion was wrong". While ad hominem itself is a kind of non-sequiter, merely saying that someone has made a logical fallacy is not an attack on person.

      --

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

    3. Re:Ad hominem by retiredtwice · · Score: 1

      Sorry, your argument just doesn't hold water.

      During my working career, I made specific investigations and recommendations that saved my company millions of dollars. Did I expect to be paid for -one- (of those) pieces of work for the rest of my life and to further provide support for my children and my childrens children??? No, of course not.

      I do collect a pension but it is not a result of any -one hit wonders- it is for contributing for a long time in a good way to the company.

      The people you are talking about expect a free ride if they can just make a "one hit wonder". Well, wake up, join the real world where your next paycheck depends on what you did during that pay period, NOT WHAT YOU DID IN THE PAST.

      What we have are NOT -artists- but individuals looking to make it big.

      The ones that are true artists are not in it for the money (but of course everyone has to support themselves somehow and yes, it is nice if you can make it with your art) but if they are good enough, the money will come. Some bands have proven this.

      I posit that instead of -No Music- as you claim we will have, we will have much higher quality work because all of the -I wanna make big bucks- crowd will have to find something else to do.

      Do you think all these aspiring musicians are in it for love of the work, NO, they may like it but it is really the attraction of the big bucks made by a few that spur them on. That, and most of them get to forego a formal education (and the terrible amount of slogging labor) that they would otherwise have to do.

      And, before you ask, yes, I feel the same way about professional sports.

      In the distant past, artists that made a living at it were the ones that rose to the top and they starved in many cases for their craft. Music, painting, writing, all of that falls into that catagory. Many of them were not recognized until after they died and they died poor. And the arts were better off for it. There were NO ECONOMIC INCENTIVES for producing music. It was not part of the equation yet you speak of this as if -money- is the holy grail for artists. Should not be, never has been, yet art continued to get produced from ancient times.

      A real talented musician can make a living since there actually exist paying jobs for them. But I do agree that most of the current crop of music would disappear and I think we would be better off.

      Copyright, and to some extent, patents are a flawed concept from the beginning. Possibly some minor protection is needed for direct ripoffs but this should be in terms of months, not years or decades.

      Copyright is the legitimizing of a -Free Ride- and is just NOT deserved. This goes for software as well. Some protection for a short period to make back the money you dumped into it, but again, measured in MONTHS not years. No living off of the stuff you did 2 years ago.

      Now, get off my lawn.

      --
      I get it now. If you disagree with the majority on /., you are a troll.
  34. A fundamental Cultural Change by JoltCola · · Score: 0

    For those that haven't already seen this movie. 'Steal This Film II' and it's really quite good. It relates the crisis of the scribes fighting the revolution of the printing press to the current situation of the controllers of media and p2p. Enjoy. http://ilovextra.com/

  35. cartoon network got me into rammstein by ClioCJS · · Score: 1

    Space Ghost Coast To Coast substituted the 1st Rammstein son gfrom the first Rammstein album (the only one out at the time, 'Du Hast' did not exist) for them theme song way back in 1997 or 1998. So I heard about it due to Cartoon Network/AdultSwim. IS that the RIAA's fault? FUCK.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  36. DBZ Reference? Doubtful! by Anonymous Coward · · Score: 0

    > He says the user name Gotenkito may have been inspired by Kylee, since she admitted she liked Dragon Ball Z, a Japanese anime TV series that has a character with a similar name.

    I've watched the series, but it took me entirely too long to come up with Gotenks. And Goku and Gohan weren't even close enough to register.

    They must have gotten into SCO's stash...

  37. Re:GNAA Penis Rocket To The Moon Project - Bakesal by bob.appleyard · · Score: 1

    Is it me, or, like any good Shakespeare, are Slashdot trolls just becoming vaguely comic intermissions between the real action?

    --
    How dare you be so modest!! You conceited bastard!!
  38. Total Jerks by Paradise+Pete · · Score: 2, Funny
    ...the RIAA and its lawyers are total jerks.

    Enough with the fancy lawyerin' talk. Give it to us in layman's terms.

  39. Makes the case for RICO by Jane+Q.+Public · · Score: 1

    The very fact that these ostensible "competitors" have banded together in this way is, in my opinion, prima facie evidence of illegal industry collusion.

  40. Wrong by Jane+Q.+Public · · Score: 1

    You are not only wrong, it is YOU who are leading this off-topic.

    Say whatever you want about capitalism, but it is the ONLY system in this modern world that has WORKED for a long period of time. The ONLY one. You can find examples of all kinds of other systems, but capitalism has worked while the others have not.

    Why?

    Because it accounts for human ambition and incentive. It is HUMAN NATURE to want to be compensated for hard work. Any economic system that fights that nature is doomed to failure.

    There are historical examples all around you that demonstrate the futility of trying. While I understand your idealism, that is all it is! In a practical world it will not work. Sorry to burst your bubble, but thousands of years of recorded history say so.

    Now, back to your initial point: the problem (and there ARE problems), is not with capitalism per se, but with abuse of the system. Take antitrust laws, for example. Antitrust laws are "meta-rules" that keep everybody working within the system and rules of capitalism. The reason for their existence is because once monopoly or oligopoly take hold, then there is no more "free market" to keep things in balance. As long as there is a free market, Adam Smith's "invisible hand" has a chance to work... and it works very well indeed.

    But anti-trust laws are not being enforced today (not much anyway, if at all). The FTC, FCC and so on have been allowing mergers of large corporations that would never have been allowed in the past. Corporations are bullying people left and right (part of the topic of this thread), and are not being stopped.

    Read your history! This situation is not capitalism at all! It is called "fascism".

    If you live to see true capitalism put back in place -- the system that WORKED -- then you will be in a place to bitch about capitalism. But since that is not the current situation, place blame where it lies: the current fascist pretensions of capitalism. They are two different things.

    1. Re:Wrong by Anonymous Coward · · Score: 0

      Sorry to be AC, but I've modded this thread. However, I just had to correct you. Capitalism has never been tried successfully. The "invisible hand" works more slowly than even politicians, so it's always been skewed by laws before it has a chance to work, even when capitalism has been tried. Also, FYI, the longest running, most successful forms of government have been monarchies, dictatorships, and tyrannies. I have studied history, and Rome, Carthage, (pick your) Chinese Dynasty, the Mongol and Tartar "hordes", Caliphates, and Pharaonic Empires were all longer lasting, richer, more successful governments than any trading society. Even the British Empire (a Monarchy, but the well from which Adam Smith sprang, which became rich due to colonization (and the subsequent rape of it's colonies) not trade) only lasted 400 years.

    2. Re:Wrong by Jane+Q.+Public · · Score: 1

      Please read again: "modern world".

      Capitalism is by far the most successful system in the modern world. And despite what the above poster wrote, it has been running in this country since the 1700s at least.

      Monarchies have perhaps been around longer, but for hundreds of years now almost all of them have been "modified monarchies" that have a capitalist economy.

      I will agree however that laws that distort capitalism are common; in fact that was my own point.

    3. Re:Wrong by drinkypoo · · Score: 1

      Capitalism is by far the most successful system in the modern world. And despite what the above poster wrote, it has been running in this country since the 1700s at least.

      You must be from this country. Only Americans think that a couple hundred years is a long time.

      Incidentally, The Wealth of Nations was written to a Mercantilist point of view to please a certain audience. It's not a bible.

      If you had the courage of your convictions, you would log in and post, and accept that your moderation would go away. (Although I do think that the mod system is stupid.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Wrong by Jane+Q.+Public · · Score: 1

      PLEASE PAY ATTENTION TO WHAT YOU READ!

      First, I wrote "modern world" for a reason. You can't just ignore that and then say I don't know my history. For the second time, stick to the actual subject, please!

      Second, I do not post here anonymously. I *AM* and have been logged in, and my name is plain for everyone to see (if you can't then there is something wrong on your end).

      And third, there has been no moderation. So: what the hell are you going on about?

  41. Ah she went class action by apfistler · · Score: 1

    By wanting to make her case a class action lawsuit means that she'll end up with a coupon for $10 off her next CD, and her lawyers will walk away with millions.

    1. Re:Ah she went class action by pavera · · Score: 1

      not neccessarily.
      While that often happens when you have a huge class, this class will be somewhat smaller. They can limit the class to people who have paid settlements to the RIAA, while not tiny, this is nothing like the windows pricing lawsuit a couple years ago where there were literally 50 million members of the class, and the maximum reward is the price difference in windows (like $20).

      In a case like this, say they get 10,000 members of the class who have paid settlements of 3-5k. Well that is 30-50 million. If they can prove their case sufficiently, and it goes in front of a jury, I can easily see a reward of 75-100 million on this, and the lawyers will get paid, and all the members of the class will get reimbursed their settlement money.

      The problem with class action suits is the huge classes. If you have a class of 10 million people no matter what happens, you're not going to get much money, cause no company can pay 10 million people $3000 each (30 billion dollars, not even MS could sustain a hit like that, and they have more cash on hand than most companies). If you have a smaller class, you can get justice from a class action suit, and you can cause a significant hit to the perpetrators. In fact, Anderson by herself has already received all of the compensation she can expect. She never had to pay the RIAA and her attorneys fees have been paid. Individual members of the class cannot afford to go after the RIAA for their $3k, it doesn't make sense for the attorneys to handle it as individual cases, they won't make money. The only way a thing like this can work is in a class

  42. Wrong Answer to Bad Question by Jane+Q.+Public · · Score: 1

    Read your history. The reason copyright laws exist at all is to benefit society as a whole.

    This argment has been prevalent in the discussions of "intellectual property" lately, and I would like to put this myth to rest. A "totally open" society, in which there are no copyrights or patents, DOES NOT WORK.

    Our founding fathers were NOT stupid! They were painfully aware of examples in which the works of individuals were grabbed immediately "for the good of society". And it doesn't work.

    A good modern example is China, where there are no copyright laws, and everything ostensibly belongs to "the people".

    China today is good at manufacturing simple things, and making rip-off copies of the works of others, but it does not innovate! Why? Because there is no INCENTIVE to do so. Copying and selling the works of others makes money... invention does not. Why should anyone devote years to inventing something new, if they do not gain from the effort? The fact is, people will not.

    Or founding fathers recognized that for the good of society as a whole, people need incentive to innovate, whether that be arts or inventions. So they allowed copyrights and patents for a limited time to the creators of original works. Originally, that time was 17 years for both patent and copyright. Thus the creator of the work could profit from it, for a limited time, and then the work would pass into the public domain and be free for all.

    That system WORKED. It worked astoundingly well.

    But today, copyright and patent law has been skewed to protect corporate interests at the expense of the individual. (This is doubly bad because original ideas are almost ALWAYS from individuals, not committees.) Copyrights have been extended from the short 17 years, to a ridiculous lifetime + 70 years. So the works do not pass into the public domain, even for someone who was born at the time a book was authored. This is unconscionable.

    Under the original system, a lot of Pink Floyd would be in the public domain by now, free to copy and distribute. And a lot of others of course.

    Our patent system has been suffering from similar distortion and incompetence.

    COPYRIGHTS ARE NOT AT FAULT. Abuse and distortion is at fault. Copyrights and patents worked more than fine as originally set up. It is only recent abuse of the system that has caused such problems.

    Do not "throw the baby out with the bathwater." Copyright and patent laws should be changed back to they way they were, when they worked properly. But just getting rid of them WILL NOT WORK. The Soviet Union was another excellent example of a system where "everybody" owned all "intellectual property". And just like China, they stagnated economically and did not innovate. Those are two BIG, recent, and extremely valid examples, dude. If you need more, you can read all about it in your history books.
    ============

    "Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." -- U.S. Justice Louis Dembitz Brandeis

    1. Re:Wrong Answer to Bad Question by Dr.+Donuts · · Score: 1

      I think before telling folks to read their history, perhaps you should take time to do so as well. The founding father's views on copyright/patents isn't as clear cut as your attributions make them out to be.

      Jefferson himself sought to include protection from monopolies in the Bill of Rights. He viewed the importance of this in the same light as freedom of religion, speech, and the press. To be succinct about it, he originally sought to ban monopolies of all forms (including copyrights/patents).

      Madison thought limited monopolies could be useful enough to not have an outright ban of them, but his reasoning was that limited monopolies had mitigating risks because the government they were constructing was a government of the many, not the few, and that the people would prevent those monopolies from becoming unlimited and abusive. Unfortunately as we see today, his logic did not hold and the interests of the few have indeed won out over the many.

      FYI, the original term for copyrights and patents was 19 years. The length was proposed by Jefferson based off from actuarial data of the day.

      So to surmise, Jefferson was against copyrights/patents because he viewed the risks as greater than the benefits. Madison viewed the risks as acceptable, given the framework of the government they were constructing.

      Had Jefferson not compromised and Madison the foresight to the corruptibility of the representatives of the people, it's very possible copyrights and patents would *not* have been established.

    2. Re:Wrong Answer to Bad Question by Jane+Q.+Public · · Score: 1

      I am aware of this, so what is your point?

      I did not write "Founding Father", I wrote "Founding Fathers". It was precisely that compromise that was important, because that is what became the working system.

      You could as easily claim I am ignorant of history because I claim that our "original system" included the First Amendment, because it was discussed and debated before being adopted. And that is a specious argument.

      So, I could be wrong about 17 years being the "original" time span, but at some point not long after, patent and copyright laws did both become 17 years.

      But my point remains, as you have reinforced above: It is demonstrably NOT the copyright laws themselves that are the root of the problem. It has been the distortion of said laws that have become the problem, with Government (regardless of repeated input from The People) giving the power over to corporations rather than the "common man".

      Put the blame where it really lies! Not in the original system, but in Fascist-oriented corruption of the system. It is not valid to blame an established system for problems caused by those who have corrupted that system.

      If you blame the original system for our current problems, you are attacking a straw horse (sorry about that phrase), and that will solve nothing.

    3. Re:Wrong Answer to Bad Question by Dr.+Donuts · · Score: 1

      My point is to address this statement of yours:

      "Our founding fathers were NOT stupid! They were painfully aware of examples in which the works of individuals were grabbed immediately "for the good of society". And it doesn't work."

      If you were indeed aware of the history, then you would not have made such a statement. That implies that the founding fathers established limited monopolies because they knew that not having them "doesn't work". Which is COMPLETELY the polar opposite from which their lines of thinking were drawing from. The founding fathers were of the mind to BAN ALL monopolies, and they did exactly that with only a *small and limited* exception (begrudgingly at that). They absolutely believed that it "would work" not having any monopolies at all.

      In short, your representations that the founding fathers established copyright and patents because they understood it *had* to exist for the good of society isn't actually the reason they were established. It was to provide an incentive, but wasn't actually in their view a necessity for society.

      I am not blaming the original system for anything, merely pointing out that your representation of reasoning for the genesis of that original system is historically inaccurate. Hence why I told you that before telling others to "read their history", you would do well to do so yourself.

  43. Don't trust Business Week by Simonetta · · Score: 1

    The music industry is a business and extortion is a very successful newly-emerging form of that business. Business Week is the mouthpiece of successful business strategies.
        So why should anyone assume that a story in Business Week about an unsuccessful attempt by the music industry to extort money from a random citizen is written from the side of the citizen? Business Week is more congratulating the music industry for successfully creating a new profit center by extorting millions of dollars from random former customers than they are defending the rights of citizens to be subjected to random extortion from powerful corporations.

        People seem to be reading this story wrong. Business Week is lamenting the incompetence of this individual case rather than condemning the music industry's practice of supplementing its core business through random extortion of its former customers.

  44. Which is it RIAA by coren2000 · · Score: 1
    From the Article:

    The RIAA emphasizes that it doesn't want to sue music listeners. But aggressive steps are necessary, it says, to stop rampant piracy that it figures costs the U.S. record industry at least $3.7 billion annually in sales. "The magnitude of this [theft] is incalculable," says Richard L. Gabriel, lead national counsel for the RIAA and a partner at the Denver law firm Holme, Roberts, & Owen
    Which is it, $3.7B or incalculable??? Make up your minds (dia)RIAA
  45. Long time? by Anonymous Coward · · Score: 0

    Capitalism has not been running a long time.

    When did it start? Pretty much 1910 onward, really. Not even a century.

    What did last a long time? Private enterprise based on inherited wealth and the mandate of the ruling classes.

    Feudalism lasted centuries. In many places, millenia.

    Let me know if capitalism is still going in 4000AD.

  46. Wrong by Anonymous Coward · · Score: 0

    Hitler was Austrian.

  47. Why no RICO? by Anonymous Coward · · Score: 0

    IANAL but it sounds like the RICO Act (http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act/) was just made for a case like this.

  48. Forging IP Addresses by gtwilliams · · Score: 1

    More troublesome, sophisticated computer users can "spoof" IP addresses, or use one assigned to somebody else. They use a simple piece of software to forge the IP address on packets of information sent from their computer, much like someone who puts an address on the back of an envelope that isn't theirs. The people most likely to spoof are the very tech-savvy youngsters also mostly likely to be stealing music. Even if the RIAA had an IP address it believed belonged to Andersen, Lybeck thought, that wasn't necessarily the case.

    An otherwise good article got it wrong here.

    Sure you can place a forged source address in an IP packet that you send. But no conversation can take place because the Internet "knows" a route to that forged address (which isn't your machine) and it is not possible to change that.

    --
    Garry Williams
  49. The more i read about RIAA... by Kojiro+Ganryu+Sasaki · · Score: 1

    ...The more i want the death note. Damn you, Ryuuk! You gave it to the wrong freaking guy!

  50. Ah, but their power isn't derived from money! by Gazzonyx · · Score: 1

    You make a good point. That's why you have to hit them where it hurts; their reputation/pride. If losing money doesn't make them flinch, how does the RIAA take to being publicly humiliated to the point that they can no continue to be powerful on the basis of 'We say we are, therefore, we are'? If they aren't careful picking their battles, everyone might realize that they actually don't have any real power... ironically, this is much of the model of the Supreme Court.

    If the supreme court said tomorrow that jaywalking is a criminal offense, and no one enforced it, knowing it to be insane, then the perception of power that the SC has would be drastically lowered. So it is for the RIAA. You can't beat them by bankrupting them, you have to make them take every win at a marginalized victory or openly show that they have no real power. If they had no credibility in a court room, for numerous reasons, and you rip through their 'expert witnesses' like a hot knife through butter, they'll start losing every bit of steam they've built up.

    The RIAA only survives so long as they seem scary enough to make people settle out of court and keep the heat off the labels. You take that from them, and the funding will dry up on its own for lack of interest and marginalized returns on investment. Keep up the great work, Ray! God bless!

    --

    If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  51. Me too, me too! by Akita24 · · Score: 2, Interesting

    Now that all the innocent people have been ass-raped, had their lives ruined, fought the good fight, these assclowns crawl out of the woodwork and say "bad RIAA, no cookie!" Where were you fucks (the media) when there was work to be done or your comments might have saved thousands from extortion? They don't give a shit about anything but making a buck now that it's "news." As far as I'm concerned the leeches at Business Week (and the other news media) are just as guilty as the RIAA. They didn't do their job reporting something of great importance to a lot of people until it was safe, profitable and the trendy thing to do. Journalism seems to have gotten flushed down the toilet along with anything even resembling corporate ethics a long time ago.

  52. Deja Vu by DiEx-15 · · Score: 1

    First and foremost sir, I really cannot give you sympathy since this is a verbatim copy of a previous post you did. I feel you are not being honest to the /. community. Now if you are being honest, my sincere apology is in order.

    I feel though that you exercised bad judgment by doing what you did to those kids. All you did was make them go elsewhere to get CDs to put on the net - that is all. Ultimately, you stopped nothing. Now this would be the part where I would say "If you were to black list everybody who openly said in your store they were going to put the music on the net, you would be out of business in no time". However it looks like you are finding this out without anybody telling you. It can't get any more obvious than this.

    The internet and piracy is not what is killing the music industry or businesses like yours. What is killing it is the lack of control and accountability the RIAA has, the negligence people like yourself have to change with the times, and just generally bad products coming out lately from the music industry. The final statement being what I strongly think is the culprit. Since music is not showing any new or interesting/creative things, there are fewer people wanting to go out and buy. Coupled by the fact the US economy is in or heading towards a recession, there is just a general lack of motivation to get a $15 CD that only has one song on it worth hearing.

    1. Re:Deja Vu by NewYorkCountryLawyer · · Score: 1

      Yeah, that was a phony post by some RIAA troll. They can't even bother to change the words.

      --
      Ray Beckerman +5 Insightful
    2. Re:Deja Vu by DiEx-15 · · Score: 1

      I figured... It kind of sounded phony when I first read it. However, seeing a verbatim copy pretty much shot the credibility out of the water.

  53. None of this is a surprise by Quiet_Desperation · · Score: 1

    "You're going to have to pay us, or this won't go away," The legal profession is basically organized crime. If you don't see that you're not paying attention.

    The sooner some lawyers get dragged from their offices for a public round of punches to the balls, the better.
  54. Wont work by Anonymous Coward · · Score: 0

    Because PS3 fanboys constantly feel the need to say how awesome Sony is for producing such a god-like console whilst simultaneously telling us how they hate the RIAA and it's tactics.

    Sadly for people like this calling the evil music conglomerate simply the RIAA allows them to carry on loving Sony despite it being one of the biggest and worst players arguably the worst alongside Warner that make up the RIAA. Certainly EMI has had a change of tact since it got taken over by a large investment firm and isn't quite so bad and quite so backwards nowadays.

  55. S.U.E. the W.orld. by Maxo-Texas · · Score: 1

    That's how I think about it.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  56. Why not just do a map of the entire socialnetwork? by elucido · · Score: 1



    Instead of listing the big four corporations, why not do something called "social network analysis", and create a map of the entire RIAA network of individuals, corporations, and the entire list of supporters.

    The RIAA is more than just a collection of corporations. What you are really dealing with is a vast network of people who hold similar views and goals. The RIAA includes all it's supporters, including the bribed politicians who support the agenda. The RIAA also includes all who run businesses that cling to the outdated profit models and who refuse to even consider new ways of making money.

    It's not just the RIAA. It's the MPAA, it's all sorts of organizations united around the same agenda of creating a type of eternal intellectual property which never dies. They want intellectual property to be eternal so they can secure eternal profits in a very lazy way.

    Basically it's a scheme which a lot of people are involved in, as a way to get paid by pimping artists. It's a way to make money while doing no real work at all beyond hiring lawyers and suing people.

    Social network analysis is the kind of analysis that was done to figure out who the board members were at Enron. It's the kind of analysis that the site "They rule" used to figure out the individuals who are on the boards of multiple corporations.

    It's not the corporations like Sony, EMI or Universal that are doing this. It's the individuals who decide that this is the only way to profit, and who support an agenda that is destroying the music industry, and will eventually destroy the software industry with the software patents, and eventually they'll try to patent and copyright all information and use that to control human thought/knowledge.

  57. Don't you know network analysis? by elucido · · Score: 1



    The RIAA is not Sony Warner EMI Universal, at least the RIAA you are thinking of. It's actually a group of individuals who are on the board of directors of multiple corporations such as these but ultimately it's individuals and not corporations.

    These individuals have decided to label anyone who does not agree with their agenda on how the industry should function, and how profits should be made, as "pirates". So they have a name for people who think like you, but what name do you have for people who think like them?

    If you support copyright reform that frees/gives control to artists and fans, then you aren't one of them. Their network exists to keep control out of the hands of customers and fans. They want to control all information and keep that control away from the producers of the information and away from the consumers of the information.

    So these people are trying to control the worlds information, and the people they label are pirates probably will eventually include those who support free software, those who are against software patents, those who want to actually OWN the music they buy in some way, those who want to MAKE music and completely control and own how it's distributed.

    It's not as simple as a bunch of corporations, it's more like a battle to find out who should control the worlds information, the producers/consumers of it, or the people rich enough to own the rights.

    I support the GPL and Creative Commons, just so you know where I stand. And I support Linux, Napster, P2P, and anything else which increases my freedom as a consumer and producer of information.

  58. Patent the world and sue all the inhabitants. by elucido · · Score: 1



    This is about who should own the worlds information.
    Personally, I think the producers and consumers should own it, and not just a bunch of rich folks in suits who happen to have the money to buy all the patents and copyrights but who can't produce a damn thing.

    1. Re:Patent the world and sue all the inhabitants. by Maxo-Texas · · Score: 1

      Hi...
      I'm a producer. I have no money.

      Hi...
      I'm a rich guy. I'll give you the money to produce but I want a cut.

      Hi...
      I'm an accountant. I'll help both of you keep track of the money, costs, profits, and taxes.

      This is how it has always been.

      No producer is an island. MOST of what producers make is based on things other prior producers made.. just tweaked a bit. Everyone doesn't pay royalties to the person that "invented" the "mystery" story or the "action" story or the "hooker with a heart of gold" archetype.

      Most producers start out with nothing. *Someone* has to front them enough money to live for a couple years so they can actually focus on producing instead of getting food and rent money.

      Neither producers or the rich deserve a permanent lock-in for things they make. Anything over a couple hundred grand a year is excessive. So if you make something that sells to 3 billion people even a penny a consumer would give you more than a lifetime's income.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  59. It's not that simple. by elucido · · Score: 1


    It's not the companies that are bad. Companies are just methods of social organization. If you don't support these profit mechanisms that unethical individuals in corporations are using, then you should give your money to ethical individuals whereever you find them.

    To start, you should at least KNOW about the people who run the company you do business with. Do you know about the people who run these companies like Sony? I doubt you even know their names.

    Just look at what happened with Elliot Spitzer, he unleashed a war on prostitution and then we find he was seeing a prostitute himself.

    How many of these people who work for Sony, actually have pirated versions of Windows?

    How many of these people who verbally support the RIAA actually are downloading pirated music files?

    Most of the people who talk about how downloading mp3s is stealing, probably have a folder on their pirated version of windows dedicated just to "stolen" music files.

  60. It's just you. by elucido · · Score: 1


    The truth is, the media does not have a choke on Congress. The media is just better organized than you.

    If you believe in Free Software, the Creative Commons, Open Source, and if you don't think downloading mp3s is equal to stealing, then it's up to you to set up your businesses and do business with people who have the same agenda as you.

    Congressmen, even people who work for the RIAA, probably have downloaded mp3s, or mpegs that are in violation of the copyright, and if not that then perhaps they are using pirated software, and if not that then perhaps they use source code in violation of the GPL.

    This is not about whether or not artists should be paid. Artists are going to be paid no matter who wins. This is about who should be in control of information, the producers/consumers, or rich folks who happen to own all the patents and copyrights.

    One way to reform copyright law would be to make it far more expensive for a corporation to buy an individuals patent or copyright. If it costs tens of millions or hundreds of millions to buy a patent from a content producer, then the actual producers would make money. Another reform option would be to maximize freedom or customers.

    Content creation should become a service. The artist should be a service provider. The consumer should be able to buy a CD and actually own the information on it, however they should not own the right to profit from that information.

    This would mean you'd be able to listen to and share music, just not get rich by selling someone elses music. The current RIAA does not even want to allow you to control the music you legally purchased. They don't want you to be able to copy it, and that limits your free speech rights because you aren't PROFITING from it in any way, nor are you claiming you produced it.

    It's real simple, there are two positions and two kinds of people. On one side it's those who support the old way of profiting, and on the other side it's those who support the new way of profiting. NEITHER side is anti-profit, and the old way of doing things is anti-artist and anti-consumer.

    So my advise, KNOW who runs the corporations you do business with. Don't worry about politicians.

    Political support will come after you are organized enough to put your politicians in. Organization is what you lack, your network is made up of college students and most of them aren't even organized enough to form a music consumers union with a mailing list.

  61. The bosses. by elucido · · Score: 1



    The question to ask shouldn't be "which corporations are unethical", your question should be "Who are the bad bosses?".

    When you figure out who the bad bosses are, then you'll know exactly who is responsible for what.

  62. The bad bosses vs the good bosses. by elucido · · Score: 1



    This situation, like the situation in every industry, or anywhere in society, is a situation of bad bosses vs good bosses.

    Bad bosses tend to make bad short sighted decisions. These decisions might include destroying the world to maintain profitability. These decisions may destroy the music industry, the software industry, and many other industries, just so the shareholders can have access to cheap money. The thinking goes "If I can get paid without having to do any work, just by the stroke of my pen, why not join the darkside?"

    A bad boss does not have to produce any new ideas, or produce any information, or anything really. A bad boss simply has to control the information, the ideas, and the results of the labor that other people produce.

    A bad boss wants to get rich, or in some cases wealthy, off other peoples labor, off the natural resources in the environment, or by pimping artists.

    The good boss cares about the artist and consumers, and wants to maximize the freedom and profitability for the artists, while also limiting the costs and maximizing the flexibility to the customers. The artist to the good boss is not simply a resource to be exploited, but is the corporation itself, and how the artist is treated represents the values of the corporation and of the Good boss running the corporation. The Good boss also wants the costumers to have an increased quality of life, so that the impact of the work of that corporation has some meaning to society.

    And thats the difference right there. It's the good bosses vs the bad bosses, in a never ending battle for control. Who do you want to control the worlds information? People who want to increase your freedom, or people who want to control information in a way in which you have to pay a license fee just to access books, and where you can be sued if you tell anyone what you read in the book?

    I'd rather promote a more open free society, where information production is a service and not a product. That would mean more information for us!

    Imagine if the web worked through copyright where every site required a fee? Some of these people wanted to use that scheme for the WWW back when the discussions were on how to make the WWW profitable. They were wrong then and they are still wrong today.

  63. Good Bosses vs Bad Bosses. by elucido · · Score: 1


    This is a situation where you have to choose your boss! Do you want the good boss or the bad boss?

    Each corporation has a boss or bosses. Do you know who they are? Yet you'll give them all your money, all your labor, all your ideas(copyrights), all your patents.

    So if you give them all your shit, of course they'll pimp the hell out of you, because that's the lifestyle of a bad boss.

    A bad boss does not have to work for a living, because you'll be dumb enough to do all the work for them. And if you are dumb enough to give up your freedom in music to the bad bosses, then you can't be surprised if you lose your freedom everywhere else.

    Look at how artists have given up on having freedom? Sure most artists might support Napster, but lets be serious here, the current copyright laws are not set up to benefit artists or consumers. The current copyright laws are set up to help bad bosses profit by increasing costs to consumers while reducing profits to artists, thus they get rich by merely controlling access to information. They don't produce or do anything else for a living.

    They get rich by telling us what we can't do. It's that simple!

    Good Bosses want to get rich by increasing the amount of things we CAN do with what we produce and buy.

  64. Start a digital consumers union (Simple solution) by elucido · · Score: 1


    Step 1.

    Start a digital consumers union.

    Step 2.

    Create a mailing list.

    Step 3.

    Start a Bad Boss Newsletter

    Step 4.

    Report all the horror stories and unethical tactics of the bad bosses to the bad boss newsletter, complete with a brief biography of the person as well as their corporate history and how they run their business.

    And once you have that, you'll actually be able to coordinate and organize in a way which can influence members of the board of directors.