RIAA Says No Mystery In Rash of College Complaints
Doug Lederman writes "As colleges receive exploding numbers of complaints from recording companies about alleged illegal downloading of music files, theories abound about whether the industry is changing its criteria, aggressively targeting users who merely make downloaded music available to others rather than actual infringers. But after weeks of silence, the president of the RIAA says No: Better technology, he asserts, is merely resulting in better enforcement."
RIAA: *Jedi hand wave* Pay no attention to the man behind the curtain. Nothing to see here. Move along. Move along.
What a colassal house of cards the RIAA has built for itself. They are doing everything BUT look at the core reasons why people are buying fewer and fewer CD's. It's got far less to do with having to pay for it than it does with the overall quality of their pap...I mean products.
It's not better technology, it's better targeting. College students are 'soft targets'. They have limited funds, hence they are more liable to share music and less likely to be able to fight back. The RIAA doesn't want to try and extort from someone capable of fighting back, you know.
Windows has detected an undetectable error.
This isn't about technology. The RIAA's aggresive war against users isn't based on good or bad technology. It's just a bunch of lies.
* An IP address can't be used to pinpoint a user, and that's a FACT. What does that have to do with better technology?
* The companies they hired to do their investigations weren't authorized by the government. That's ILLEGAL. What does that have to do with better technology?
Aren't the folks making music available the actual infringers? (Assuming the conversation is limited to music copyrighted by an RIAA member and not openly traded such as in the case of bands who allow taping and trading of tapes of live shows.)
Who are the actual infringers, if not the folks making the music available to others?
If I leave my apartment door open and you walk in and help yourself to my friend's beer, who's the thief: you or me? Even if I advertise on Craigslist "my friend's beer is unguarded in my unlocked apartment", it's still you stealing it...at best, I'm contributing to your stealing it."Better technology," any of us with a brain asserts, "is merely resulting in better clients. Next up: IP obfuscation"
morons
9 thousand lawyers versus 90 million technologically savvy, music hungry, poor teenagers
place your wagers
you lose, morons
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
As long as they are not facing serious consequences for filing lawsuits against dead people, the homeless, children, and people who don't own computers.... this will only get worse.
RIAA needs to take a step back and look at their business model. Ford used to create cars with bolts and pieces that were so unique that nobody made part for their products except them. That backfired at some point and they started to go with the flow. Musicians need to get a grip on where the money that is paid for their music goes. Reduce the big overhead of managers and promotions people and get back to making music. If you can do live performances and get rid of the ticket brokers overhead, you can make enough to live on with just a few concerts in medium sized venues each year. If you can not perform live, then you best not expect to make a killing in the industry since you probably do not have real talent, but just know someone that can mix down anything and make it sound good.
In most cases, when you make the black market seem more dangerous, and there is still a demand for an item, the illegal market will grow. If CD's were priced to make enough to cover costs of production and a small amount for the musician and composer, they would sell like crazy, especially if there was something that set it apart from the mainstream duplicated junk that is generally available. It is much the way the TV industry has gone, 3 networks with reasonable quality, then it became 200 channels, most of which is not worth burning the screen by playing. Quality will win out in the end, if there is a reasonable distribution method and pricing for it.
I hope your response to the RIAA is something along the lines of:
We have received your DMCA notices. None are attributable to IP addresses given out by our DHCP server. One is attributed to a terminal server with no internet access. Thus, we will be taking no action other than to file these notices. Should we receive future notices which may be attributed to an IP address assigned by our DHCP server and thus one of our students, we will pass along the DMCA notice as well as a record of all filed and incorrect DMCA notices we have received so that the student in question can be made fully aware of the accuracy of your efforts should they wish to formulate a legal defense.
Let the RIAA know that their machinegun approach to this will be used against them when it comes time to prosecute. I doubt they'll slow down but the increasingly large file of haphazard DMCA notices will eventually show that they are filing frivolous lawsuits.
This is so wrong, and the RIAA continues to get away with it because they refuse to admit to any errors in their methods. If the unreliability of the RIAA IP identification methods got wide circulation they might not be able to pursue any of these cases based on IP address/timestamp information alone.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
I call your attention to the What's interesting ... thread above in this discussion where the poster is pointing out just how unreliable the RIAA method of identifying IP addresses and timestamps is proving to be in the real world. If this is the only method the RIAA has at their disposal to identify lawsuit targets, and it's as widely bad as the poster states, this might serve to rip apart the RIAA cases at the very beginning.
While not an exact analogy, although the basis of it in terms of unreliability is the same, imagine if people tried to use fingerprint data in court in a world where 1 out of 10 people had the same fingerprints. No court would accept that. If the RIAA is so provably wrong so often, then maybe the courts shouldn't be accepting this data as identification of anything at all.
(Note: this would also explain the two tier system of the RIAA cases. First a multiply joined John Doe case to get identities, followed by extortion, followed by individual cases. The first case filters out all the bad or unidentifiable addresses when the ISP says they can't identify a user for that IP address/timestamp. Of course, if the RIAA is following this stragety then they already know how flawed their methods of identification are, and are using this method to compensate for it by having addresses that at least identify somebody.)
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."