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How the RIAA Targets Campus Copyright Violators

jyosim writes "The Chronicle of Higher Ed got a briefing at RIAA headquarters on how the group catches pirates. They just use LimeWire and other software that pirates use, except that they've set up scripts to search for songs, grab IP numbers, and send out notices to college officials. They claim they don't target specific colleges, though many feel that they do."

280 comments

  1. Jeoparody by Anonymous Coward · · Score: 5, Funny

    How the RIAA Targets Campus Copyright Violators I'll take "with Lawyers" for $200 Alex.
  2. Not exactly targeting... by gentimjs · · Score: 5, Insightful

    I doubt they are 'targeting' any specific school, but I strongly suspect IPs resolving to unilag.edu.ng are handled differently then those resolving to yale.edu , where the students are more likely to just pay a settlement rather then wipe their arse with the notices...

    1. Re:Not exactly targeting... by Lord+Byron+II · · Score: 2, Informative

      Where do they get off saying that they don't have the technical means to target? If they can tell what IPs belong to which schools then they absolutely have the means with which to target.

    2. Re:Not exactly targeting... by j00r0m4nc3r · · Score: 3, Funny

      Things work a little differently in Lawyerland, which is nestled snugly between Sharkopia and Snakesia.

    3. Re:Not exactly targeting... by mrzaph0d · · Score: 1

      Yep, we have always been at war with Snakesia..

      --
      this is just a placeholder till i send back my real sig from the future.
    4. Re:Not exactly targeting... by budgenator · · Score: 1

      no they have a script that catches them, schools with the IP block 001.000. get hit a lot, Harvard with the 254.254 block hasn't been gotten to yet that's all :)

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:Not exactly targeting... by dave87656 · · Score: 1

      Where do they get off saying that they don't have the technical means to target? If they can tell what IPs belong to which schools then they absolutely have the means with which to target. You weren't expecting them to be honest, were you?
    6. Re:Not exactly targeting... by mpe · · Score: 1

      I doubt they are 'targeting' any specific school, but I strongly suspect IPs resolving to unilag.edu.ng are handled differently then those resolving to yale.edu ,

      Most likely they'd want to avoid a "law school".

      where the students are more likely to just pay a settlement rather then wipe their arse with the notices...

      With the whole thing being considered a useful "student project" :) Effectivly the RIAA would be paying towards the education of these students.

    7. Re:Not exactly targeting... by @madeus · · Score: 1

      They could simply mean by that, quite reasonably, that while they have a series of scripts which look at the content on other hosts, the software is not written in such a way as to be able to target specific hosts by IP.

      While it's easily possible to add that sort of functionality (with the aid of a cached copy of the ARIN WHOIS IP allocation DB) that doesn't mean they have written software which works that way, and so technically they don't currently have the means to.

      I can imagine they intentionally don't have the means to, because then they have plausible deniability. I say that as I've been asked not to provide functionality on some network solutions, for a similar reason (so that the local authority / company cannot be accused of monitoring or targeting specific individuals, for example - because they are afraid of legal challenges).

  3. How by sm62704 · · Score: 4, Funny

    Judging from the number of elderly, children, blind people, dead people, etc. that the RIAA labels have targeted, I'd say most likely they do it with a random number generator.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:How by jrothwell97 · · Score: 2, Insightful

      Is this seeded or unseeded?

      --
      Those using pirated Tinysoft signatures(TM) are a real threat to society and should all be thrown in jail.
    2. Re:How by Z00L00K · · Score: 4, Funny

      They are probably using Debian.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:How by Koiu+Lpoi · · Score: 2, Interesting

      By what I've seen of the RIAA, they could make good use of the choke on a bucket of cocks function.

    4. Re:How by Anonymous Coward · · Score: 3, Funny

      Judging from the number of elderly, children, blind people, dead people, etc. [...]

      Judging from the "quality" music they produce these days, it is only logical that they do first check from their captive audience.

    5. Re:How by jrothwell97 · · Score: 1

      I'm tempted to suggest that they should go and run fsck -f /, but that joke is probably so old that I would get metamodded into karmaic oblivion.

      --
      Those using pirated Tinysoft signatures(TM) are a real threat to society and should all be thrown in jail.
    6. Re:How by pjt33 · · Score: 1

      And I bet they downloaded it rather than going to a shop and buying a CD!

    7. Re:How by Anonymous Coward · · Score: 2, Insightful

      Judging from the number of elderly, children, blind people, dead people, etc. Why would the blind be any less likely to download music than the rest of us? They use computers too...
    8. Re:How by dogmatixpsych · · Score: 1

      "Live human beings then listen to those songs to verify that the files are infringing."

      Well, that's the problem. No wonder they start suing everyone they can. Just having to listen to some of those songs would make you want to sue somebody!

    9. Re:How by orangesquid · · Score: 1

      If it weren't for the fact that Sebastian Dröge's name is no longer mentioned after the second cleanup, I would send in a patch to fix the lack of umlaut* over the 'o'.

      * = The most interesting usage of umlaut-like diacritics has *got* to be the diaresis, if for nothing other than the fact than a mispronunciation of the name can induce laughter.

      Oh, the other day I read something about the history of Gilbert and Sullivan which leads me to think that applying the term "piracy" to copyright infringement originally was a reference to the international nature of the theft. Has anyone researched this? I know the ship has sailed (excuse the pun) for preserving the identity of piracy as that of violent plundering in international waters, but maybe we can still present a good argument for why making a mix tape of Metallica songs should not be called "piracy" by any stretch. (Another interesting thing---the Wikipedia entry on looting refers to large-scale looting by Germany, then refers to the Allied mass acquisition of German intellectual property also as looting; if that wording was being used at the time, and the two distinct forms of "looting" were seen in a comparative light, that might have further deteriorated linguistic barriers between physical and intellectual property. Any thoughts?)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    10. Re:How by LeoHat · · Score: 1

      I could be wrong but my understanding is the 'piracy' label came from the early days of DRM/copy protection.
      The groups that hacked/cracked the DRM had BBS handles that had pirate themes. They added ANSI type graphics, often a picture of a pirate ship or pirate with an eye patch, that said such and such program was cracked by Capt. Cracker and Scruvy crew. I remember those from my Apple II+/Commodore 64 days.

      Some of it was a holdover from phone phreaks that also had BBS handles like Capt. Crunch (a.k.a John Draper)

      --
      The mistakes of a clever man are equal to the mistakes of a thousand fools.
    11. Re:How by E8086 · · Score: 1

      They're probably using some geographical/economic profiling.
      MAFIAA boss: We're sure those poor folks in that part of town won't be able to afford any legal council better than Lionel Hutz but may have a few hundred or thousand in savings. Send in the SETTLEMENT SUPPORT CENTER!!! ...but that gated community with names like C.M.Burns and Quimby and Fat Tony sounds like trouble, better stay away from them.

      When's the last time we heard about someone with a six figure income being sued?

      --
      F7 doesn't work, ignore spelling and grammar
    12. Re:How by 1u3hr · · Score: 1
      could be wrong but my understanding is the 'piracy' label came from the early days of DRM/copy protection.

      No, the word "piracy" has been used in publishing for centuries.

      piracy [Oxford English Dictionary]
      2. The unauthorized reproduction or use of an invention or work of another, as a book, recording, computer software, intellectual property, etc., esp. as constituting an infringement of patent or copyright; plagiarism; an instance of this.

      [1654 J. MENNES Recreation for Ingenious Head-peeces clxxvi, All the wealth, Of wit and learning, not by stealth, Or Piracy, but purchase got.] 1700 E. WARD Journey to Hell II. vii. 14 Piracy, Piracy, they cry'd aloud, What made you print my Copy, Sir, says one, You're a meer Knave, 'tis very basely done. 1770 P. LUCKOMBE Conc. Hist. Printing 76 They..would suffer by this act of piracy, since it was likely to prove a very bad edition. 1855 D. BREWSTER Mem. Life I. Newton (new ed.) I. iv. 71 With the view of securing his invention of the telescope from foreign piracy. 1886 Cent. Mag. Feb. 629/1 That there are many publishers who despise such piracy..does not remove the presumption that publishers and papermakers have been influential opponents of an equitable arrangement. 1977 Gramophone Apr. 1527/3 Governments have begun to realize that unauthorized reproduction of records (so-called piracy) adversely affects also the rights of..composers, authors and performers. 1996 China Post (Taipei) 1 May 16/3 Authorities here said they have cracked down on piracy in recent years, but foreign computer firms claim they are still soft on piracy.

    13. Re:How by dave87656 · · Score: 1

      Is this seeded or unseeded? I believe when you are talking with the RIAA, the term would be "seedy".
    14. Re:How by mpe · · Score: 1

      Judging from the number of elderly, children, blind people, dead people, etc. that the RIAA labels have targeted, I'd say most likely they do it with a random number generator.

      A random number generator might be more accurate. Especially if they didn't filter out "self", "friendlies" & "RFC1918".

    15. Re:How by mpe · · Score: 1

      I could be wrong but my understanding is the 'piracy' label came from the early days of DRM/copy protection. The groups that hacked/cracked the DRM had BBS handles that had pirate themes. They added ANSI type graphics, often a picture of a pirate ship or pirate with an eye patch, that said such and such program was cracked by Capt. Cracker and Scruvy crew. I remember those from my Apple II+/Commodore 64 days.

      The use of the term "piracy" to refer to copyright infringement is older. These people were just taking the piss out of it's use in that way 20-30 years ago.

    16. Re:How by Anonymous Coward · · Score: 0

      By what I've seen of the RIAA, they could make good use of the choke on a bucket of cocks function.
      Wow, what a collection of immature assholes that place has gathered.
    17. Re:How by LeoHat · · Score: 1

      I guess I WAS wrong. Did not know

      --
      The mistakes of a clever man are equal to the mistakes of a thousand fools.
  4. Maybe capitalism really does promote darwanism by Hojima · · Score: 1

    If these dolts continue the net loss that also gives them bad media, they'll topple their own monopoly. I just can't wait until all artists start their own publishing so that they don't have enough money to buy their kids a Phantom to drown the tantrum they threw when they only got a BMW.

    1. Re:Maybe capitalism really does promote darwanism by Wandering+Wombat · · Score: 1

      A lot of good artists do do their own publishing, and I enjoy buying their CDs, knowing that a substantial portion of the money (~50%) goes to the band. Since they rarely tour through my area, I have to support them somehow!

      --
      I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
    2. Re:Maybe capitalism really does promote darwanism by Anonymous Coward · · Score: 0

      They are not losing, by any means. They actually are gaining lots of cash, at $3000 a head from people who don't have the legal resources to fight their multi-million dollar "dream team" attorneys with virtually unlimited resources.

      This isn't a law enforcement issue anymore; the RIAA is a profit center now, and every cent coming in is nontaxable income.

    3. Re:Maybe capitalism really does promote darwanism by sm62704 · · Score: 5, Interesting

      I just can't wait until all artists start their own publishing

      That's the real reason behind these suits. They can't possibly be afraid you'll hear top 40 crap, because if they did they wouldn't let the radio (easily sampled to better than iTunes or MP3 quality) play them.

      It isn't Britney they want to keep out of your ears, it's the indies. Note they don't say "illegal downloads" except when the context infers that all downloads are illegal? Their aim, mostly met, it to make you think they do indeed have a monopoly (or rather, cartel) and that all music is RIAA music. it worked on you, didn't it?

      "Piracy" isn't hurting their sales and they know it. The indies (and the gasoline and food companies) are eating their lunch. Most of us have only so many dollars to spend. If I buy four $5 CDs from the band that plays at the bar (professionally recorded and duplicated, with art and packaging) that's twenty dollars I don't have to buy an RIAA CD.

      Their only hope for survival is to kill the internet. Good luck with that.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:Maybe capitalism really does promote darwanism by sexconker · · Score: 1

      The Phantom may suck, but at least they came out with a decent looking keyboard. http://hardware.slashdot.org/article.pl?sid=08/04/26/2115211

      Oh wait, you're another bad car analogy guy.

    5. Re:Maybe capitalism really does promote darwanism by maxume · · Score: 2, Interesting

      Is it exhausting to constantly assume that large groups of people are motivated, competent and organized?

      --
      Nerd rage is the funniest rage.
    6. Re:Maybe capitalism really does promote darwanism by hedwards · · Score: 2, Insightful

      Why exactly is it nontaxable? Any income that isn't specifically excluded by code is considered to be taxable. Just because the income is illegal or of dubious legality does not exempt it from taxation. Perhaps the most famous case being Al Capone being toppled by the IRS.

    7. Re:Maybe capitalism really does promote darwanism by sm62704 · · Score: 3, Insightful

      I don't see why anyone would make that assumption. The larger the group, the more intelligent people will be in that group, and the higher the likelyhood that some of them will be exceptionally intelligent.

      But by the same token, the larger the group, the more idiots will be in that group, and the higher the likelyhood that some of them will be exceptionally stupid.

      That also follows for competence.

      The larger the group, the greater the need for organization. Above a certain critical limit, the bureaucracy bogs the effectiveness down.

      But I don't see how this applies to evolution.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    8. Re:Maybe capitalism really does promote darwanism by Hojima · · Score: 1

      I wish I had mod points for you.

    9. Re:Maybe capitalism really does promote darwanism by maxume · · Score: 1

      You spoke about the music industry having a collective 'mission' to prevent people from buying music at the bar or using the internet to find non riaa music.

      --
      Nerd rage is the funniest rage.
    10. Re:Maybe capitalism really does promote darwanism by Anonymous Coward · · Score: 2, Insightful

      Money obtained by legal civil settlements is 100% tax free, because its considered making up for a loss, as opposed to "true" revenue.

      The RIAA has it good. Judges love them and rubber-stamp their motions in courts, they have the ear of the politicians, and every dime coming in is tax free, heading to their legal team's Maybach fund.

    11. Re:Maybe capitalism really does promote darwanism by Jason+Levine · · Score: 5, Interesting

      The indies (and the gasoline and food companies) are eating their lunch. Most of us have only so many dollars to spend. If I buy four $5 CDs from the band that plays at the bar (professionally recorded and duplicated, with art and packaging) that's twenty dollars I don't have to buy an RIAA CD.


      I agree. In addition, this is one big reason why their "lost sales" calculations are huge stinking loads of bull manure. The RIAA figures that 1 song downloaded (regardless of the legality of the download) equals one sale not made which means that much revenue not put in their pockets. You could easily use the same reasoning to prove that Indie labels cost the record labels money. Or that food store sales cost the record companies money. Or that oil companies cost the record companies money.

      Hey, there's an idea. Pit the Big Oil companies against the Big Record Companies/RIAA. Two Companies Enter! One leaves! We won't really be cheering for a winner so much as cheering for one of the companies to be beaten to a pulp.
      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    12. Re:Maybe capitalism really does promote darwanism by RobBebop · · Score: 1

      Their only hope for survival is to kill the internet.

      I think Electronic Arts would take issue with that strategy when their users lose the ability to play their DRM'd games that "phone home".

      (Yes, yes, I know that they "changed their minds" in regard to the phone home policy, but that doesn't mean they can't be the symbolic whipping boy until the next moronic company suggests this).

      On the other hand, without the internet, Microsoft's Operating System would actually be secured (and what better way to kill off Google than by killing the Internetwork it runs on). So they might conceivably team up with the RIAA in their quest to rid the world of the Internet.

      --
      Support the 30 Hour Work Week!!!
    13. Re:Maybe capitalism really does promote darwanism by Anonymous Coward · · Score: 1, Informative

      The poster meant the settlements the RIAA gets which do not have dubious legality. They are of course taxable and the poster is an idiot but that's another matter.

    14. Re:Maybe capitalism really does promote darwanism by Alpha830RulZ · · Score: 1

      Sorry, that's not true. Consider the case where you sue for unpaid wages. You don't have a 'loss' before the judgement, you have an absence of income. Once you recover the income through your judgement, it's income like anything else.

      In the case of suing for damage to your automobile in an accident, the amount of the recovery that is attributable to repair/replacement costs is not income, but damages for lost income would be. The first piece is compensation for a damage, the second is compensation for foregone income. Once you are compensated for foregone income, it's taxable.

      There are complicated rules about this. In the case of the MAFIIA, they probably get to net our their attorney and court costs, and likely are able to end up with a net loss out of it. But the recoveries I am quite sure are revenue and taxable when collected.

      --
      I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
    15. Re:Maybe capitalism really does promote darwanism by Danse · · Score: 1

      (Yes, yes, I know that they "changed their minds" in regard to the phone home policy, but that doesn't mean they can't be the symbolic whipping boy until the next moronic company suggests this). They didn't change their minds about the games phoning home. They just backed off from having them phone home every 10 days or so. It's supposedly just a one-time call now, but still requires the net connection.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    16. Re:Maybe capitalism really does promote darwanism by reebmmm · · Score: 2, Informative
      Good thing that you're not my accountant. That's just bad legal and tax advice.

      As far as I know, taxation of civil judgments is common. Certain awards are probably excluded from income, but not to the extent you seem to think so.

      A quick google search has at least one law firm saying exactly this: Taxation of Legal Damages:

      Damage awards are generally taxable if they were intended to compensate the taxpayer as follows: compensation for lost wages or profits; punitive damages, even if they relate to a physical injury or sickness; amounts received in settlement of pension rights when the taxpayer did not contribute to the plan; interest on any award; damages for patent or copyright infringement, breach of contract, or interference with business operations; and back pay and damages for emotional distress received under Title VII of the Civil Rights Act of 1964.
    17. Re:Maybe capitalism really does promote darwanism by Anonymous Coward · · Score: 0

      They didn't even back off from having all their games call in every 10 days. They just promised that Mass Effect wouldn't have that "feature". After that, all bets are off again.

    18. Re:Maybe capitalism really does promote darwanism by UnderCoverPenguin · · Score: 1

      Their aim, mostly met, it to make you think they do indeed have a monopoly (or rather, cartel) and that all music is RIAA music

      Given that they persuaded the US Copyright and Royalty Board to make them the default collector of all royalties - including for indy music, they basically do have a cartel over all music in the US.

      --
      Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    19. Re:Maybe capitalism really does promote darwanism by Anonymous Coward · · Score: 0

      I'll vote for draw by mutual exhaustion.

    20. Re:Maybe capitalism really does promote darwanism by Technician · · Score: 1

      You could easily use the same reasoning to prove that Indie labels cost the record labels money. Or that food store sales cost the record companies money. Or that oil companies cost the record companies money.

      Why stop there? The fact is they are trying to keep the prices scaled to what they were in the 1960's. The problem is they now have serious competition for the entertainment dollar. A few things that didn't exist in the 1960's that take the money include video games, cell phones, internet subscripiton, flatscreen TV, DVDs, digital cameras, PDAs, Camcorders, Computers, Software, Color printer supplies, ....

      It doesn't take a rocket scientest to understand why their slice of the pie is smaller. Piracy is only a tiny part of the loss.

      They would rather fight piracy than provide a competitive product.

      --
      The truth shall set you free!
    21. Re:Maybe capitalism really does promote darwanism by Jason+Levine · · Score: 1

      I agree. They definitely "lose more sales" to DVDs, movies on demand, Internet stuff, cell phones, games, etc than they do to piracy. They also don't produce music that's as good as they used to. They find an artist that's successful and then a) over-market him/her until the public is sick of them and b) find a dozen more artists as identical as possible and market their music because obviously if the original was a success then all of the clones will be too. Toss a not so hot economy in the mix and you have them offering a worse product to consumers with more spending choices for their shrinking entertainment dollar. And yet they still insist that "piracy" is the main reasoning for their dropping sales. Suuuuuure. ;-)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  5. RIAA "making available" by Anonymous Coward · · Score: 5, Insightful

    Sounds like entrapment to me, like the mafRIAA is "making avaible" the same mp3s they are accusing people of downloading... bastards.

    1. Re:RIAA "making available" by TheRealMindChild · · Score: 4, Interesting

      Not to side with the RIAA and similar, but wouldn't you figure, if they have the power to use a copyright of a given item to sue you, that they also have the legal right to "distribute" said copyrighted material?

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:RIAA "making available" by closetpsycho · · Score: 2, Interesting

      IANAL, but I believe that they would only be able to if that particular method is laid out in the contract with the band. Otherwise, the bands could sue them for breaking the contract AND copyright infringement.

    3. Re:RIAA "making available" by Danse · · Score: 4, Informative

      Sounds like entrapment to me, like the mafRIAA is "making avaible" the same mp3s they are accusing people of downloading... bastards. You can't entrap someone unless you're a government agent. They aren't suing people for downloading anyway, they're suing them for uploading.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:RIAA "making available" by Anonymous Coward · · Score: 5, Interesting

      Does that mean you could legally obtain free content using a P2P client with a script that only downloads from RIAA IP addresses?

    5. Re:RIAA "making available" by Anonymous Coward · · Score: 1, Interesting

      they do, but mediasentry and other agents operating on their behalf might not.

    6. Re:RIAA "making available" by fistfullast33l · · Score: 1

      Sounds like entrapment to me, like the mafRIAA is "making avaible" the same mp3s they are accusing people of downloading

      My understanding is that they search for songs, not serve them...seeing as they usually sue people for serving and not downloading. So I don't think there's any grand kind of entrapment conspiracy going on. They're just doing what normal Limewire users do only capturing the IP address instead.

      Of course, the lesson here is to either not serve or use an anonymous proxy (or several) if you've decided to serve.

    7. Re:RIAA "making available" by Ethanol-fueled · · Score: 1

      ...now try to prove that they set you up. Not to be pessimistic, I believe you, but big business knows big dirty tricks. They enlist armies of those schooled in the dirty arts and they use them on a daily basis, on a much greater scale than you do. Could you think of a bigger and better schemer than the cancerous offspring of Hollywood? Why is it so easy to launch bullshit-campaigns against people?

      Easy answer: War by proxy...or, to put it in /. terms, being an AC modded -5 troll and still getting away with the same shit every day ;)

    8. Re:RIAA "making available" by TheRealMindChild · · Score: 2, Informative

      That isn't how the whole music industry works. When any random band signs a typical contract with the "Big Nasty", they essentially own your soul. They own the music, possibly the band name, and likely the logo and art that go along with it... and they have the right to do pretty much anything they want with it. They are a predatory bunch. Imagine all of this, and THEN finding out that YOUR on the hook for production costs of your albums too. It should be a crime. Unfortunately, they have more money than God.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    9. Re:RIAA "making available" by Yogiz · · Score: 2, Interesting
      If you RTFA then RIAA doesn't make the mp3s available for download. It searches them and then checks who downloads.

      The RIAA maintains a list of songs whose distribution rights are owned by the RIAA's member organizations. It has given that list to Media Sentry, a company it hired to search for online pirates. That company runs copies of the LimeWire program and performs searches for those copyrighted song titles, one by one, to see if any are being offered by people whose computers are connected to the LimeWire network. --- The LimeWire software allows users who right-click on any song entry and choose "browse host" to see all of the songs that a given file sharer is offering to others for download. The software also lists the IP address of active file sharers. --- Using public, online databases (such as those at arin.net or samspade.org), Media Sentry locates the name of the Internet-service provider and determines which traders are located at colleges or universities. They do however download (and perhaps unintentionally share as well) the mp3s that they're not sure are the right ones. I doubt that RIAA will sue it's own investigators for copyright infringement but on the other hand, they seem pretty desperate. I wonder about "unintentional entrapment" however.
    10. Re:RIAA "making available" by mea37 · · Score: 2, Interesting

      Yes, but if they do, then downloading the copy they distribute within their rights is not illegal. If I offer you something I own for free, then it is legal for you to take it.

      Doesn't matter, though. That's not how they're using LimeWire (or other P2P clients), as the GP would've known if he'd RFTA.

      They're not making the music available; they're using the client to search for others who are making the music available.

    11. Re:RIAA "making available" by element-o.p. · · Score: 2, Insightful

      Not to side with the RIAA and similar, but wouldn't you figure, if they have the power to use a copyright of a given item to sue you, that they also have the legal right to "distribute" said copyrighted material?
      In which case, if you download the music from them (the RIAA), then it would seem (IANAL, etc.) that they couldn't possibly charge you with copyright infringement since they, the copyright holder, offered the MP3 for download. Or am I missing something?
      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    12. Re:RIAA "making available" by mpathetiq · · Score: 1

      I hate playing devil's advocate, but if a band doesn't read AND understand their contract to realize they are selling their souls, they deserve what they get. Everyone knows big record companies are just trying to make money (and some small record companies) are going to do what it takes to make money. It's your own damn fault if you bought into it.

      PS - It's pretty common knowledge among musicians that you are on the hook for production costs not to mention advertising and all sorts of other costs.

    13. Re:RIAA "making available" by Shagg · · Score: 2, Informative

      You're correct, but they're not suing people for downloading from the RIAA. It's the unauthorized people who are uploading that are illegally distributing the files.

      --
      Unix is user friendly, it's just selective about who its friends are.
    14. Re:RIAA "making available" by monxrtr · · Score: 2, Interesting

      Well the RIAA claims in TFA that they only download.

      The RIAA, in so far as they are also "making available", are making available with no clear demarcation of copyright, further complicating their liability well beyond mere "entrapment". So all those downloads from RIAA hosted files are perfectly legal. Making available man_on_the_moon.mp3 is no different than making available kennedy_moon_speech.mp3 whilst sneaking in a secretly copyrighted song into a title of a public domain presidential speech about putting a man on the moon.

      Could you imagine the copyright liability which could be created if you put your own copyrighted files into titles of public domain works and then sued everybody who downloaded or viewed those files? You could get rich off the RIAA by putting your own homemade songs into file titles the RIAA deep packet inspects, by definition copies and views, as they check to see whether the files are copyrighted, and sue for statutory copyright damages. It would be absolutely no different then suing everybody who clicked on or linked to your webpage.

      In fact if you download and upload every single file on the internet and "deep packet inspect" those files by viewing or listening to them, you are doing exactly what the RIAA is doing and clamoring to be done with "deep packet inspection" software. It's no different if it done automatically by a program or manually by individual eyes and ears.

      So I was correct all along, the RIAA is indeed downloading and "deep packet inspecting" based on file titles alone, even attempting to submit "evidence" of screenshots of file titles. No doubt the RIAA is legally liable for $100s of BILLIONS for mistaken inspection and downloading of content that is not the copyright of RIAA members. If anybody were to subpoena the RIAA download and deep packet inspection records in a countersuit, those record companies will be BANKRUPT from distributing consumer copyrighted parodies and commentaries!

      All hail the the arrival of the Era of the Copyright Troll! Time to parody the hell out of everything that is copyrighted, and get paid outrageous legal sums for doing so! You will soon find that the RIAA is the biggest P2P "pirate" in the world (and they have tens of billions in assets -- go get your piece!).

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    15. Re:RIAA "making available" by Anonymous Coward · · Score: 0

      Yes they most likely would. Like some of the replies below indicate, this means that if you are downloading off of them then it's legit. Of course they probably have their upload blocked and just leech the torrents.
      A good lawyer could even claim that using the P2P program makes you 'involved' in a 'group effort' and that if they contribute to the 'group' they are authorizing the actions of the group.

      My question is- let's say the RIAA downloads a song that has a name like 'all of metallica' but contains something else that they don't have the copyright to; doesn't this make them guilty of illegal downloading as well? Do they contact the copyright holder to inform them when they find such downloads? Do they pay their own extortionist damage amounts?

    16. Re:RIAA "making available" by DustyShadow · · Score: 1

      Not to side with the RIAA and similar, but wouldn't you figure, if they have the power to use a copyright of a given item to sue you, that they also have the legal right to "distribute" said copyrighted material? You're absolutely correct that they also have the right to distribute the work. However, for you to violate that right, the RIAA must prove that you actually distributed the work. Simply having a file in your shared folder is not proof of distribution.
    17. Re:RIAA "making available" by Anonymous Coward · · Score: 0

      IF they are distributing it to people, more or less at random, does that mean the random people are free to distribute it? Do they distribute it with a EULA? If not, seems like people are free to do as they please with it, including giving it away.

    18. Re:RIAA "making available" by UncleTogie · · Score: 1

      Does that mean you could legally obtain free content using a P2P client with a script that only downloads from RIAA IP addresses?

      Even better, could someone use a list of those IPs and block them from connecting to their PC, thereby avoiding a lawsuit?

      Time for a RIAA blacklist!

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    19. Re:RIAA "making available" by arminw · · Score: 2, Interesting

      .....to search for others who are making the music available.....

      Recent court cases indicate that "making available" is not against the copyright law. The **AA would certainly like that to be the case, so they and they alone are able to "make available" and nobody else. To violate copyright, there has to be an actual copy made by someone.

      --
      All theory is gray
    20. Re:RIAA "making available" by arminw · · Score: 1

      .that are illegally distributing the files...

      Apparently, they have to show that an illegal copy was actually made. Having a legally purchased song on your HD is not illegal, even if that HD or section thereof is visible to the entire world. The problem the **AA has is that there is no technical way to prove that someone actually accessed the HD and illegally or legally downloaded any file. That's why they are trying so hard to bend the copyright law in the direction of "making available". Recent court cases apparently have put severe crimp in that doctrine.

      --
      All theory is gray
    21. Re:RIAA "making available" by MiKM · · Score: 3, Informative

      Programs like PeerGuardian already block IPs belonging to RIAA and friends.

    22. Re:RIAA "making available" by Anonymous Coward · · Score: 0

      this is true, but i doubt very seriously that they are allowing traffic OUT of their P2P traps. This would avoid the defenses mentioned below.

      "but Your Honor, i downloaded it from RIAA"

    23. Re:RIAA "making available" by mpe · · Score: 1

      My question is- let's say the RIAA downloads a song that has a name like 'all of metallica' but contains something else that they don't have the copyright to; doesn't this make them guilty of illegal downloading as well? Do they contact the copyright holder to inform them when they find such downloads? Do they pay their own extortionist damage amounts?

      The RIAA, together with the MPAA, are founder members of the "Hypocrits R Us" club. They are quite happy to enguage in "piracy" themselves, the MPAA's even been caught at least twice in recent years.

    24. Re:RIAA "making available" by Mike89 · · Score: 1

      Programs like PeerGuardian already block IPs belonging to RIAA and friends.
      More like: Programs like PeerGuardian already attempt to block IPs belonging to RIAA and friends, providing a false sense of security.
    25. Re:RIAA "making available" by mea37 · · Score: 1

      Yes and no, but not relevant to the discussion.

      "Yes and no" because while courts have started rejecting the idea that "making available" is enough, it still isn't clear exactly where the line is. Perhaps you can point me to an official source that says "To violate copyright, there has to be an actual copy made by someone", but thus far I haven't seen one.

      "Not relevant" because I said nothing about what should or shouldn't lead to a conviction; I was clarifying the method the RIAA is using, since those commenting on it clearly hadn't read the article and were under the wrong impression of what the method is.

      Arguably, all the RIAA would have to do to satisfy the requirement of "someone making a copy", by the way, is to download it from the node where they find it. Not sure how the court would interpret that scenario, but I'd be interested to find out. (I don't think it would be entrapment, since the RIAA aren't law enforcement; their own beleifs in the matter notwithstanding...)

    26. Re:RIAA "making available" by arminw · · Score: 1

      ....but thus far I haven't seen one.....

      There was a /. article on this here:

      http://yro.slashdot.org/article.pl?sid=08/02/25/1952222&from=rss

      It is very relevant, because if the **AA can't get their "making available" theory to hold up, their entire modus operandi of hauling people into court falls apart. They would have to sue the downloaders themselves, rather than anybody who has copyrighted works on their HD that just happens to be accessible on the Internet. Whoever downloads something, is the one who makes the copy, which then appears on the downloaders HD.

      Even if The **AA gets the co-operation of the ISP, only the downloaders NAT/gateway can be identified. There can be a number of both known and unknown computers on any particular gateway and these computers in turn could have any number of persons actually responsible for the downloading. Anyone living in a populated place knows that there are numerous WAPs that can be accessed by anybody without any password or other security.

      --
      All theory is gray
  6. Hate Emails by TheRedSeven · · Score: 5, Insightful

    The demonstration was given by an RIAA employee who would speak only on condition of anonymity because of concern that he would receive hate e-mail.

    If you risk getting hate mail simply because you work at a certain company, perhaps it's time to look for a different job?

    On the other hand, if this guy actually stuck his neck out and shared how the RIAA really finds their suckers, he'd probably get thank you letters rather than hate mail.

    In either case, he probably needs to do some deep self-examination to see why he stays at this job.

    1. Re:Hate Emails by Anonymous Coward · · Score: 1, Insightful

      In either case, he probably needs to do some deep self-examination to see why he stays at this job.

      It's called a paycheck. Not everyone has the luxury of quitting their job at the drop of a hat.
    2. Re:Hate Emails by ArIck · · Score: 1

      Who said he would get hate emails from the general public. The public would adore him for speaking out. He would receive hate email from RIAA (possible even a couple of notices or so) plus hate emails form all those 'really poor artists' represented by RIAA.

      Come on, think about Britney Spears

    3. Re:Hate Emails by sm62704 · · Score: 2, Insightful

      The hate mail would read:

      "You're fired"

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    4. Re:Hate Emails by Anonymous Coward · · Score: 1, Funny

      Come on, think about Britney Spears Actually I pride myself on my ability not to. ...and the captcha comes up 'Effigy.'

      Who says random scripts have no sense of humor?
    5. Re:Hate Emails by Anonymous Coward · · Score: 1, Insightful

      So now members of an ethically-questionable trade group are equivalent to officers of the law? The police offer a real service to 99% of the population that would be worse off without them. The RIAA offers a service to 1% of the population and makes things worse for the other 99%.

    6. Re:Hate Emails by N1AK · · Score: 1

      How is this insightful?

      Off the top of my head I can think of a number of careers that could lead to someone being victimised: Doctor who performs abortions, Scientists working in the field of genetic modification or stem cells and even Peace Keepers in numerous countries.

      You might not like the work he does, but the fact some idiots will make his life difficult for sticking his head up is not justified by that.

    7. Re:Hate Emails by Anonymous Coward · · Score: 1, Insightful

      So nobody should do any job that pisses anybody off?

    8. Re:Hate Emails by Anonymous Coward · · Score: 1, Funny

      I've never had to post anonymously for fear of receiving hate mail!

    9. Re:Hate Emails by RobBebop · · Score: 2, Insightful

      In either case, he probably needs to do some deep self-examination to see why he stays at this job.

      I often question why people would work at companies that have questionable business practices. I assume that it is similar to the reason why I work at a company that doesn't. (a) They gave me an job offer, and (b) they consistently provide me with a paycheck.

      Sadly, there are not enough jobs to go around within companies who have strong morals and upstanding business practices. It is Supply/Demand... and when the demand for employees is highest in immoral organizations, it is no wonder why people end up there.

      A ray of hope is that it might be possible to teach enough young people values so that when they grow up and turn around these businesses.

      Until then... we just need to keep track of people on an individual basis who have a history of making immoral decisions, and (sadly) we are doing a crappy job. I would love to see a Who's Who of corporate America that lists the cretins and jerks who lie and abuse the power they've been entrusted with.

      --
      Support the 30 Hour Work Week!!!
    10. Re:Hate Emails by Anonymous Coward · · Score: 1, Insightful

      Your analogy is lacking. Downloading songs illegally is copyright violation which is a civil crime. IT IS NOT THEFT as nothing was stolen and nobody was deprived of anything.

      To answer your question- YES they should. Anybody in such a position should ask themselves every day if they are morally correct to support the law, and when the answer is no then they should stop.
      Hiding behind the phrase 'just doing my job' won't remove the blame for nefarious actions- the Nazis tried those excuses at Nuremberg.

    11. Re:Hate Emails by elrous0 · · Score: 1

      If I had to work at the RIAA, I would wake up every day just wanting to swallow a bullet. What kind of bottom-of-the-barrel desperate loser would voluntarily work at a place which is pretty much guaranteed to follow you for the rest of your IT career as a permanent black mark on your resume? Half their employees must be convicted felons with no other options, or something. Couldn't these guys get jobs at a place where they would be less despised (like an abortion clinic)?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    12. Re:Hate Emails by arminw · · Score: 1

      ....it might be possible to teach enough young people values ....

      The big question is: "Whose values? When a increasingly large fraction of a society subscribes to the idea that there "are no absolutes" and humans are only a highly evolved cosmic accident, then the values themselves become subject to those with the most financial and/or political clout.

      When this country was founded, the outlook of most people was oriented toward certain absolute truths, rooted in religious beliefs.

      --
      All theory is gray
  7. Target selection by Walpurgiss · · Score: 2, Interesting

    Like article says, they ensure that the infringer is in the US before bothering to send a notice, but I'd be willing to bet there are some US schools too that they try to avoid spamming with notices. Not so much selective targeting, but selective non-targeting.

    1. Re:Target selection by bostonsoxfan · · Score: 1

      There are some schools that tell them to cram it in their pie holes. All I know about my schools policy is that they take out full page ads and tell people not to do it and that they will pass letters on.

      Saying that. I know of no one who has ever had a problem with it on campus. I've never had a problem even downloading probably close to 100 gigs some months. (And yes it was all porn)

    2. Re:Target selection by hedwards · · Score: 1
      I noticed that, I also noticed that:

      While the process for generating both takedown notices and settlement letters is largely automated, the RIAA said that before each warning is sent out, a full-time RIAA employee reviews each case to make sure the claim is legitimate and that the alleged pirate is in the United States. Thanks to the speed and ease of the automated process, though, the RIAA is "able to identify hundreds of instances of infringement on a daily basis," according to RIAA spokeswoman Cara Duckworth. She also acknowledged that the RIAA can tell only when a song is being offered for users to illegally download; investigators have no way of knowing when someone else is actually downloading the song. As well as:

      On listservs and in interviews, some university administrators have recently questioned the validity of some of these takedown notices because they say they do not have any record of a download at the named IP address at the specified time. RIAA officials said this is because investigators performed only a "handshake." And the obvious problem that mediasentry still doesn't have a valid license to engage in this type of work. This is neither evidence of offering nor evidence of distribution, this is nothing at all to see here.

      This still sounds like racketeering to me, they never did answer the question of why they're singling out Universities in general rather than everybody they "catch" if the evidence is what it is, then they shouldn't be capable of singling out the educational community for this shoddy process.
    3. Re:Target selection by geekherout · · Score: 1

      The RIAA has done the equivalent of a pissed-off little kid. After losing some recent cases they have started a vendetta against individual users. For example, at my college we usually get about 40 DMCA (digital millennium copyright act) violations a year at a school of about 20,000. In the last month we have had 60 sometimes coming in seven or eight at a time. There is undoubtedly some stepping up by the RIAA. Luckily, my schools policy is to take the matter internal instead of allowing any student to be given up. Lucky us . . .

      --
      Just you typical techie/jock/student/cowgirl www.geekherout.blogspot.com
    4. Re:Target selection by geminidomino · · Score: 1

      Like article says, they ensure that the infringer is in the US before bothering to send a notice... In the US, yes.

      Alive, not so much...
    5. Re:Target selection by Anonymous Coward · · Score: 0

      Keep in mind that this is just the RIAA. Recently my UK university got an e-mail from the NBC pointing to a student and an automatic fine of £100 was imposed.

    6. Re:Target selection by Anonymous Coward · · Score: 0

      >I've never had a problem even downloading probably close to 100 gigs some months. (And yes it was all porn)

      This makes no sense: Why would you be worried about the RIAA if it was all porn?

    7. Re:Target selection by arminw · · Score: 1

      .....instead of allowing any student to be given up.....

      Why is it that a college or university needs to keep individual records of internet use at all? If any DHCP or other IP address info is recorded, why not purge it after a few days? Then, if their IT department gets one of these missives from the **AA, they can honestly tell them that they don't have the faintest idea who might have been using the particular address at the time for the alleged violation.

      I can see that a commercial ISP may want to keep records at least until the user's bill is paid. Phone companies do this also for billing purposes. In some countries there are laws that mandate keeping such records. Is there one here in the USA also?

      --
      All theory is gray
    8. Re:Target selection by monxrtr · · Score: 1

      How is tracking and logging internet activity based on IP address matched to a specific individual user any different than a college or government administration wiretapping without a warrant, or without the knowledge or consent of the person being logged and tracked? If colleges can track your internet activity then why can't they follow every student with a hidden camera to record their every action, including looking at students naked in the dorm shower?

      If evidence of copyright infringement exists from IP address logs then that is just *further* evidence of additional copyright violation. And these universities and colleges are liable for infringing the intellectual property of students whenever they back up network files information. Students being hit with these RIAA settlement letters need to start adding in their universities in countersuits, for things like copyright infringement, civil rights violations, due process violations, and obstruction of justice (because IP addresses are not *Persons* and any subpoena should not be able to be delivered to any Persons, only delivered to electronic bits which are wholly non-Persons.

      Isn't forcing the disclosure of internet surfing activity for civil suit purposes a violation of the Fifth Amendment against self incrimination? Can landlords have their rental properties confiscated if tenants sell drugs without the knowledge of the landlord? How about the Federal Government confiscating municipal street corners? If not, then how can specific pieces of property such as computers be tied to specific actions of individuals with absolutely no evidence of actual specific individual persons committing any actions? It could very well reasonably be a friend, a roommate, a guest, a sibling, an uninvited guest, or any person whatsoever other than the alleged individual pretended to be responsible for all activity which emanates from a so-called "IP address".

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  8. Change LimeWire EULA now! by 140Mandak262Jamuna · · Score: 4, Interesting

    Prohibit using LimeWire to harvest tracking and identifying information!

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Change LimeWire EULA now! by Yvanhoe · · Score: 1

      And discover with shock that no one reads EULA ! Well it won't solve the RIAA problem, it will at least make a strong point against EULAs...

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    2. Re:Change LimeWire EULA now! by Amouth · · Score: 1

      that was my first thought - most programs now days have the no scripting/modifying thing in the EULA

      (most non open source that is)

      i wouldn't touch limewire except to punch it but someone else can check

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    3. Re:Change LimeWire EULA now! by Frosty+Piss · · Score: 2, Insightful

      Change LimeWire EULA now!
      And you think that the RIAA would follow the new EULA? Remember that they us a PI company that is not even licensed to practice in many of the states they do "investigations" in. Interestingly, they have not suffered any repercussions for breaking the law. Conclusion: They are above the law.
      --
      If you want news from today, you have to come back tomorrow.
    4. Re:Change LimeWire EULA now! by future+assassin · · Score: 1

      And include this little diddy. There will be a $9,250 charge per IP harvested.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    5. Re:Change LimeWire EULA now! by blueg3 · · Score: 1

      They don't need to use LimeWire -- it's just the Gnutella network, and that's all information LimeWire happily and freely provides to anyone on the network. Technically they could use (or are using) a custom Gnutella client.

    6. Re:Change LimeWire EULA now! by number11 · · Score: 1

      Prohibit using LimeWire to harvest tracking and identifying information!

      BearShare actually did have a EULA that prohibited using it to collect information. It didn't help in any noticeable way. And then the RIAA lawyers beat the bear to death.

    7. Re:Change LimeWire EULA now! by UncleTogie · · Score: 1

      It's licenced under the GNU GPL. From their website:

      4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

      I think that's the relevant section, but I'm not lawyer-shaped...

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    8. Re:Change LimeWire EULA now! by Anonymous Coward · · Score: 0

      Fail. You couldn't enforce that contract provision, just as the inane "by reading this post..." "EULA" that pops up in just about every discussion has no legal merit.

      Surprise terms are equitably stricken.

  9. Sue LimeWire ... by 140Mandak262Jamuna · · Score: 4, Funny

    ... for making available the IP addresses and tracking information.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Sue LimeWire ... by Anonymous Coward · · Score: 1, Informative

      It's peer to peer. How else is your client going to know what machine to communicate with?

    2. Re:Sue LimeWire ... by Anonymous Coward · · Score: 0

      Via the intarweb, duh!

  10. arin.net or samspade.org ? by whoever57 · · Score: 1

    Using public, online databases (such as those at arin.net or samspade.org),
    They leech off websites instead of using the whois service directly?
    --
    The real "Libtards" are the Libertarians!
  11. IP is not an identity by joocemann · · Score: 5, Insightful

    Since when can a person be held directly responsible for activity that occurs on their IP address? The RIAA is throwing charges for crimes without sufficient evidence that the person they are charging committed the crime. There are a million ways an IP is shared or used by multiple persons. Without substantial evidence, the RIAA is merely throwing litigious paperwork around at tons of innocent people. When will our government establish a recourse for recurring wrongful litigious activity? The ability to sue, blame, and then settle out of court is being so heavily exploited because lawyers know that most people would rather settle than pay the $$$ to prove themselves innocent. We need to either: 1) Not allow settling, thus making false accusations apparent, and thus the obvious waste of our judicial resources. This would be the cause of an impending need to reform and disallow repeat false accusers. or 2) Allow individual accusers or accusing bodies (such as the RIAA) a limited amount of legal cases, for which an appeal must be done to be allowed more.

    1. Re:IP is not an identity by Aranykai · · Score: 2, Insightful

      The sad likelihood is that IP's will become tied to our identities by laws pushed by RIAA and MPAA interest groups.

      They will stand on the side of Hollywood, not the side of the citizens. Just like they always have.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    2. Re:IP is not an identity by lysse · · Score: 1

      The RIAA is throwing charges for crimes without sufficient evidence that the person they are charging committed the crime.
      Well, if it's good enough for criminal trials...
    3. Re:IP is not an identity by Anonymous Coward · · Score: 0

      Hmmmm... Could the accused band together a class action lawsuit against RIAA for frivilous lawsuits?

    4. Re:IP is not an identity by Anonymous Coward · · Score: 0

      Since when can a private company/group become the judge, jury, and executioner with police-like power?

    5. Re:IP is not an identity by arminw · · Score: 1

      ... The sad likelihood is that IP's will become tied to our identities ...

      How would this be enforced for a number of fixed computers as well as a number of unknown guests accessing the internet via our NAT/DHCP server and several WAPs without a password? It is my understanding that from the Internet, only one external IP address is shared by all of the internal computers. The DHCP server records are erased at least once each week and new addresses are assigned to all computers.

      --
      All theory is gray
    6. Re:IP is not an identity by Anonymous Coward · · Score: 0

      While your comment may be more or less correct, even Clinton deserves more respect than that.

    7. Re:IP is not an identity by Tesen · · Score: 1

      In regards to Colleges and the such, the individual cannot be held accountant when operating behind a NAT device without the College helping the RIAA, but the College paying for the internet connection then sharing it inside their network can be. What they are saying, is they want these Colleges to force MAC address registration on campus. I.e. students are required to register all their NIC MAC addresses, they also want the colleges to record incoming and outgoing traffic inside their network and associate that traffic with a particular MAC (via a DHCP lease log perhaps) address.

      The idea is ingenious if they can force the college to hand off accountability to the student, or if the college is willing to block p2p traffic altogether.

    8. Re:IP is not an identity by arminw · · Score: 1

      ....What they are saying, is they want these Colleges to force ....

      Is this forcing some kind of some kind of law or only the fervent wishes of the **AA? If it is not a federal law, can the colleges not just tell the **AA to go and pound sand? So then when the **AA sends their notice, the college can just honestly tell them they don't have nor keep that information on who uses the networks. As for MAC addresses, everybody knows that those can be fabricated at will.

      --
      All theory is gray
    9. Re:IP is not an identity by Tesen · · Score: 1

      Yes I understand said MAC addresses can be faked, the point I was making, is the RIAA could lean on the said College to attempt to force a MAC registration. Your MAC address not registered? No IP address for you. Similar could be done with their gateway to the Internet, if the MAC address is not in an address table, drop packets. Sure, you could snoop the local network, grab a random MAC address, wait for the sender to go offline, use it for your own usage, but the RIAA does not care about getting the actual guilty party, they just want a target, ANY target.

      So yes, as I was saying, what they ARE trying to do, is force a College to either a) take responsibility for all activity coming from their network to the big bad world, or b) pass responsibility on to the student. The only laws that applies is the copyright laws being violated, if the College does not play ball, they are going to try and strong arm the said College into giving up the offenders to protect themselves, or said College becomes responsible for the violations as the network operator.

      Don't assume the lack of a written federal or state law that says the RIAA can do whatever they want slows them down; the RIAA is acting upon cases of copyright violation of protected work, they are attempting to settle "damages" against those copyrights.

      To them, this is perfect justification to do as they please.

      Tes

    10. Re:IP is not an identity by arminw · · Score: 1

      ... or said College becomes responsible for the violations as the network operator...

      So then there is a law that a college or any other ISP is responsible for their customer? If someone unknown uses our open WAP, does that make me an Internet provider, responsible to the **AA or anyone else?

      --
      All theory is gray
    11. Re:IP is not an identity by Tesen · · Score: 1

      Umm, I sit at your house, use your network and attempt to break into some federal computer system. The fed's track you down, since you were connected to your provider, you tell them about some phantom friend that used your network. I deny it, guess what? You're responsible. Doubt you'll be charged? Give it a try. It was your equipment, it was your account.

      The RIAA is going to use the same tactic, they DO NOT need to associate it with an individual, they CAN accuse the College of copyright infringement and go after the College. The College either settles, or provides proof it was not the College persee' but some student (cue throwing student on fire). So you want a magic law? Well, bud, the law as I told you is them operating under the copyright laws.

      Oh incidentally, I was involved in providing information to officials several years back about a criminal case. The College I was working at refused to provide any login information about a student first, after several threats of obstruction of justice (valid threat to) information was handed. Sure, that was criminal and this is civil...

    12. Re:IP is not an identity by arminw · · Score: 1

      ....It was your equipment, it was your account.....

      Well, if someone is truly innocent, then the Feds, or even the **AA, after proper legal procedure, are welcome to image any computer drives and search for evidence to confirm or refute their suspicions. Since, in our case, they would not find anything, they would have to go look elsewhere.

      It has been established in a number of court cases now, that an IP address identifies only the gateway or computer, not the person who uses that computer. For that the **AA has to actually show that an illegal copy was made. The copy that matters is not the one on the sending computer, but the one that receives and stores the infringing copy. If a person copies legally purchased content onto the HD of their computer, for their own convenience, there is nothing that **AA can do about that. If that HD happens to be publicly accessible, that doesn't violate the copyright law. It's only when someone other than the owner of the legally purchased copies actually makes a copy onto their computer, that there is a violation of the law by the person making such a copy. "Making available" is not a violation of any law, no matter how fervently the **AAs of this world wish to make it so and no matter how big an army of lawyers they employ. They may however, in the future, purchase enough of our finest politicians, to custom fabricate such a law.

      (...The College I was working at refused...)

      Outright refusal is different than simply not keeping, at least for any more than necessary time, if at all, any sort of identifying data. If the requested data doesn't exist, because it was never collected, or purged after it was no longer useful for the purpose it was gathered in the first place, then there can be no obstruction of justice.

      I do not know whether there are any LAWS in the US that obligate a college or anyone else for that matter, to collect and keep identifying log-in data which originates with a particular computer. If not, then a college, ISP or anyone, can avoid a lot of hassle and expense, by simply not collecting, or at least not keeping for long, such personal data. I have read that in some countries, everyone must collect, keep and make available to the legal system such data for specified lengths of time. AFAIK, there are (yet) no such laws in the US.

      --
      All theory is gray
  12. Legality of MediaSentry by hansamurai · · Score: 4, Interesting

    The article details MediaSentry's tactics but wasn't there a bunch of fuss earlier this year on how MediaSentry may actually be illegal in some states because they don't have an investigator's license? Does this mean MediaSentry is filtering out schools from states where they can't investigate people from? Or are they still collecting everything they can and forwarding it on to the RIAA, which still seems illegal on their part.

    http://yro.slashdot.org/article.pl?sid=08/03/11/1427257
    http://news.slashdot.org/article.pl?sid=08/04/10/1542222

  13. Could they not do the same with torrents? by Drakin020 · · Score: 4, Interesting

    After all Azerus has a section where you can see who is seeding and leaching. It shows IP info if I'm not mistaken. Can they not do this with Torrents? How does that differ from Limewire?

    --
    The greatest revenge in life is massive success.
    1. Re:Could they not do the same with torrents? by blueg3 · · Score: 1

      It's pretty trivial with torrents, but it's probably less effective because there isn't a search mechanism that spans the "whole network". Finding people downloading / sharing a particular (predetermined) torrent or using a particular tracker is fairly easy, but it doesn't facilitate making an enormous sweep for "anyone sharing one of these hundreds of files".

    2. Re:Could they not do the same with torrents? by hansamurai · · Score: 1

      I'm sure they can but if they want to see who is seeding/leaching they probably need to connect to the tracker (I'm not exactly sure how DHT works). Limewire essentially serves as a tracker for Limewire and they obviously don't care that MediaSentry IPs are trolling for sharers, but Pirate Bay, etc. undoubtedly would be interested and probably respond in some (hilarious) way. Maybe by giving MediaSentry bad IPs which then lead to the RIAA falsely accusing someone and getting a ton of bad press. Who knows, but I wouldn't doubt it if they weren't limiting their searches to just Limewire, gives people a false sense of security that not using Limewire is safe.

    3. Re:Could they not do the same with torrents? by Freeside1 · · Score: 1

      I could be wrong, but don't you have to be downloading the file(s) in order to see the seeders' and leechers' IPs when you use torrents? In other words, would the RIAA agents would be committing the same crime they're suing you for if they do this?

    4. Re:Could they not do the same with torrents? by Anonymous Coward · · Score: 0

      Can they not do this with Torrents?
      No not at all. Bittorrent is different in that it uses magic to find peers. No IP address needed!
    5. Re:Could they not do the same with torrents? by gdog05 · · Score: 1

      falsely accusing someone and getting a ton of bad press Isn't that where they're at now?
    6. Re:Could they not do the same with torrents? by hansamurai · · Score: 1

      Yes, and maybe this is where they got some of their false information from. Or they're just stupid and have no idea what they've gotten themselves into.

    7. Re:Could they not do the same with torrents? by number11 · · Score: 4, Informative

      Azerus has a section where you can see who is seeding and leaching. It shows IP info if I'm not mistaken. Can they not do this with Torrents?

      Easily.

      How does that differ from Limewire?

      With a torrent there isn't any way to "see all of the songs that a given file sharer is offering to others", just that one. And in fact, most people only do a few torrents at a time, so even if the RIAA could detect them, it wouldn't sound very impressive. They'd prefer to be able to go into court and say, "Look at this list! This criminal mastermind was distributing 2000 files! But we're only asking money for the five that we actually downloaded."

    8. Re:Could they not do the same with torrents? by Anonymous Coward · · Score: 0

      There are options for anonymous torrents: i2p and TOR, although apparently TOR torrents only work on *nix.

      I haven't tried either of these myself.

    9. Re:Could they not do the same with torrents? by Anonymous Coward · · Score: 0

      They control the copyright, dumbshit. They can do what they want.

    10. Re:Could they not do the same with torrents? by HeronBlademaster · · Score: 1

      Technically they would not be committing a crime doing so, since they own the songs they'd be downloading. For example, it would not be illegal for Microsoft to download an ISO of a Windows XP cd, since Microsoft owns Windows XP.

    11. Re:Could they not do the same with torrents? by Thinboy00 · · Score: 1

      they're just stupid O RLY?
      --
      $ make available
    12. Re:Could they not do the same with torrents? by Anonymous Coward · · Score: 0

      I'm a student who got caught sharing the new Lupe Fiasco CD via bittorrent. I got a take-down notice from my school after the RIAA sent them my IP and offending information. So yes, they track popular torrents as well.

    13. Re:Could they not do the same with torrents? by Anonymous Coward · · Score: 0

      And how can they tell what has been uploaded by each IP under BT: it could be one thousand repeats of the same five-second filepiece, or it could be one complete copy

  14. no capability of targeting any school? by DodgeRules · · Score: 4, Insightful
    From the article:

    "We have no capability of targeting any school at all," said the RIAA representative, who argued that there is a large "misperception" among university administrators that individual colleges are being picked on. "Technically we can't do it. We find what we find with this process, and that's what we send to schools." Technically we can't do it? BULL***T! A simple filter that throws away all schools not A, B or C is very easy to create. It is possible that they CHOOSE not to do it, but it is technically possible.
    1. Re:no capability of targeting any school? by sm62704 · · Score: 1

      By "Technically" they probably mean "because of a legal technicality".

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    2. Re:no capability of targeting any school? by compro01 · · Score: 1

      more like a filter that throws away all schools that ARE A, B, and C, where A, B, and C have lots of lawyers-in-training, which could handily turn their methods and arguments into legal confetti.

      --
      upon the advice of my lawyer, i have no sig at this time
  15. Why Limewire and why Media Sentry? by Essron · · Score: 1

    1) Why does ANYONE even use Limewire? Its been a lame client for more than a few years.

    2) I understand the RIAA doesn't "get" the internet etc but still, this seems like an approach so primitive and poorly devised that unless it is specifically to comply with some byzantine legal requirements the RIAA is being robbed by incompetent consultants at best. I guess Media Sentry could be sabotaging, but thats just wishful thinking.

    1. Re:Why Limewire and why Media Sentry? by blueg3 · · Score: 1

      First, all Gnutella clients are the same for their purposes; it's one network. Second, tons of people still use LimeWire for whatever reason.

      It may be a fairly straightforward system, but it's also potentially quite effective. The point of the Gnutella network is to search the network, and people label files to help searchers find them (otherwise, little point in sharing). Harness that and collect IPs from them, and you have a list of potential infringers. Sure, there are plenty of ways to "beat the system", but they're after large-scale effectiveness, not ensuring that Joe Thinks-he's-leet doesn't escape their wrath.

    2. Re:Why Limewire and why Media Sentry? by Essron · · Score: 1

      i don't think you understood my post. The only way in which you addressed my muse was saying "for whatever reason" which fails to even speculate upon what you replied to.

      I fully understand what Gnutella is and how it works. My question is why the RIAA/MediaSentry chose to script on top of the worst Guntella client rather than A)building their own custom gnutella client optimized to mine the information they are interested in or B) script on top of a faster, more effective gnutella client.

      Thinks-he's-leet doesn't escape my wrath.

  16. If you P2P then use protection. by Lumpy · · Score: 1, Insightful

    Peerguardian. http://phoenixlabs.org/pg2/

    Use it or dont whine about getting nailed by the RIAA,MPAA,BSA,NAACP,etc....

    --
    Do not look at laser with remaining good eye.
    1. Re:If you P2P then use protection. by Anonymous Coward · · Score: 2, Insightful

      You actually believe this will protect you?!

      I agree with the statement "A false sense of security is worse than no security at all."

      Check this thread

      http://forums.whirlpool.net.au/forum-replies-archive.cfm/488917.html

    2. Re:If you P2P then use protection. by Kjella · · Score: 5, Insightful

      PeerGuardian is to protection what "safe periods" are to prevention. If they have any clue at all, they've got IP blocks under some unknown subsidiary, rented boxes in colos or using anonymizing whois registrars. Maybe they're happy to target the 90% easiest targets, but it's by no means safe as such.

      --
      Live today, because you never know what tomorrow brings
    3. Re:If you P2P then use protection. by Koiu+Lpoi · · Score: 3, Insightful

      Ahh, Peerguardian. Once they have a Vista client out...

    4. Re:If you P2P then use protection. by Anonymous Coward · · Score: 0

      Are there certain blacklists that people use? I haven't checked mine in a while to see if they're still good and being updated accordingly.

    5. Re:If you P2P then use protection. by Koiu+Lpoi · · Score: 1

      Do you honestly, really, truly believe that the RIAA has any clue at all? They're harvesting IPs off of limewire. They might as well put up a sign up sheet on their website saying "We're now on the Honor System for internet downloads. Please fill out this form, including your bank account number and the number of songs you have downloaded, and we'll just bill you for it."

    6. Re:If you P2P then use protection. by Anonymous Coward · · Score: 0

      FYI, PeerGuardian's history.db file gets HUGE over time. Gigs in size. You'll want to either delete it manually periodically, or turn off logging of allowed connections.

    7. Re:If you P2P then use protection. by number11 · · Score: 2, Informative

      Peerguardian

      Peerguardian is better than nothing. But not by a lot. It maybe keeps the MafIAA from spotting you from their own IP address, but sometimes they neglect to inform PG when the IP numbers change. The MafIAA is perfectly capable of getting online via their local cable system (or one in Russia, for that matter, the tubes go everywhere), or registering a domain under an assumed name, or doing it from their mom's basement.

    8. Re:If you P2P then use protection. by Anonymous Coward · · Score: 0

      I used PG2 and I still received a threatening email. I know PG2 states it's not 100%, but I wasn't expecting it to fail within the first week.

    9. Re:If you P2P then use protection. by Anonymous Coward · · Score: 0

      PeerGaurdian does not stop the *AA from identifying you as an infringing party, as the tracker clearly states that you're a member of the swarm. It stops them from flooding your client w/ random data(which, I would think qualifies as a DoS?) I've got a solution for you: Stop infringing other peoples IP.

  17. But how do they send notices to students? by Van+Cutter+Romney · · Score: 1

    FTFA:

    "The LimeWire software allows users who right-click on any song entry and choose "browse host" to see all of the songs that a given file sharer is offering to others for download. The software also lists the IP address of active file sharers."

    There have been cases where RIAA sends out notices to individuals in these institutions. If they are behind the school network and the IP address shown is of the school's public IP, how can the individuals be targeted?

    --
    Help a man when he is in trouble and he will remember you when he is in trouble again.
    1. Re:But how do they send notices to students? by lamona · · Score: 1
      They send notices to the schools asking them to identify the persons at such-and-such an IP address. so from a MacWorld article on the Oregon case:

      "The modus operandi is to send the university - or Internet provider - a list of IP addresses on their networks that the RIAA claims was used for illegal file sharing. It then demands the institution to turn over the identities of the individuals to whom the IP addresses were assigned to."

      As the article goes on to say, in some cases the IP address is in a single-occupancy dorm room, but others could be in public areas.

      This is why I oppose mandatory log-ins on campus computers. The IT folks like to think that they "have control" by requiring log-ins, but in fact they are playing into the hands of the RIAA or the FBI by making it possible to identify users based on log-in and IP address.

      --
      I just read /. for the amusing .sigs
    2. Re:But how do they send notices to students? by Sechr+Nibw · · Score: 1

      Some schools hand out public IPs to basically every computer. The school I went to and now work at does this - when you register your computer on the network, you choose public IP or private IP, and the private ones only have access to things within the campus - no outside connection at all. Thus, almost every student (and almost every computer in general) have public IP addresses, which are tied to the user's email address, which is tied to the user.

    3. Re:But how do they send notices to students? by HeronBlademaster · · Score: 1

      There is, in fact, a reason for this requirement. My school has had problems with people sending spams from internal IP addresses (since external ones don't work for school mailing lists) and other malicious activities. Requiring logins is one (fairly effective) deterrent since it makes people more or less identifiable.

    4. Re:But how do they send notices to students? by lamona · · Score: 1

      It is a reason, but a reason with a cost. So you have to weigh the cost of some students sending spam with the cost of opening up your users to the RIAA or law enforcement (both often with over-reaching requests). Identifiable to the IT department means identifiable to anyone with a convincing subpoena. It's your choice. Fight for it.

      --
      I just read /. for the amusing .sigs
  18. Time to do a counter-sting by davidwr · · Score: 2, Interesting

    I assume the RIAA are already polluting filesharing networks with fake files, so why not do the same?

    Create an audio file with the same name as a popular song, have the first 7-8 seconds or whatever is legal be the same as the song, followed by an oral essay that critiques the song.

    Now, when they sue, not only will you have a bulletproof argument that the suit is without merit, you will have a good counter-suit on the grounds that they are trying to suppress legitimate free speech.

    At the very least, this will force the RIAA to listen to songs before filing suit.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Time to do a counter-sting by blueg3 · · Score: 2, Insightful

      You must've missed the part in the article where they describe how they determine if it's actually one of their songs or not.

      Hint: neither file name nor first few seconds being the same will do it.

    2. Re:Time to do a counter-sting by hedwards · · Score: 1

      They used to do that, I'm not sure if they do it anymore. I can't recall it being to widespread, but I think some of the Barenaked Ladies tracks were so tainted for a while.

    3. Re:Time to do a counter-sting by HeronBlademaster · · Score: 1

      I seem to remember a Madonna track that consisted of Madonna cursing at the person who downloaded the track. I might be remembering wrong though.

  19. This Is At Odds With... by Nom+du+Keyboard · · Score: 1
    This declaration now that they just use Limewire (and other P2P programs it would seem given the lawsuits filed) with a few simple scripts is greatly at odds with their court declarations that their proprietary methods are the result of "tens of thousands of man-hours of development" and constitute trade secrets.

    So which is it?

    And do Slashdot readers know what the legal term "estopple" means?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:This Is At Odds With... by Smelly+Jeffrey · · Score: 1

      And do Slashdot readers know what the legal term "estopple" means? Does it mean the same as estoppel perhaps?
  20. Chicago ordinance will put an end to independents by VampireByte · · Score: 5, Informative

    Small music venues are being targeted in Chicago; it appears that the city wants to make sure the only live music shows are in large arenas. Who benefits? Let's see. No more opportunities for independent artists to perform. Hmmm, guess the only way to hear live music is to go to a huge arena to see some crappy pop act produced by riaa minions. So are laws like this being proposed in other cities? Is Chicago just the start? Is this the next step in music industry dominance?

    --

    Run and catch, run and catch, the lamb is caught in the blackberry patch.

  21. Bunch of disingenuousness by Anonymous Coward · · Score: 1, Insightful

    "The automated takedown notice program we have right now is solely university-focused," said the anonymous RIAA representative. "We're trying to make universities aware that they have an issue with peer-to-peer file sharing on their network, and so we don't send automated notices to commercial ISP's, I think because they are generally aware that there's a problem." This makes no sense. They've been sending these things out for years, and yet they don't think the universities are aware that it's happening yet???

    There is some other reason they are targetting universities with this automated business. Maybe because they know students don't want to get in trouble with the administration, or because the universities are more risk-averse and less likely to fight than the commercial ISPs, which would lose business if they tried to stop piracy.

    The RIAA said it does not single out particular academic institutions to be "made examples of."

    "We have no capability of targeting any school at all," said the RIAA representative, who argued that there is a large "misperception" among university administrators that individual colleges are being picked on. "Technically we can't do it. We find what we find with this process, and that's what we send to schools." They don't have the capability??? Of course they do. He's just outlined how easily they could target particular universities. It's one thing to say that they don't do it. To say that they are incapable of doing it is a bold-faced lie.
  22. Won't work by Anonymous Coward · · Score: 0

    RTFA

  23. Why The RIAA Has No Case by Nom+du+Keyboard · · Score: 4, Interesting

    ...according to RIAA spokeswoman Cara Duckworth. She also acknowledged that the RIAA can tell only when a song is being offered for users to illegally download; investigators have no way of knowing when someone else is actually downloading the song.

    This is why the RIAA has no legal case, and why they must resort to bluffs, threats, extortion, smoke, mirrors, and press releases.

    The song file has to be downloaded by another unauthorized person (RIAA investigators don't count) for it to be infringement. The RIAA itself admits here that they have no way of knowing if anybody else has ever downloaded this song. To properly win in court they have to convince judges and/or juries that despite this complete lack of proof that they were infringed anyway.

    It's all the Big Lie on their part.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Why The RIAA Has No Case by Sechr+Nibw · · Score: 2, Interesting

      It is being downloaded by RIAA's unlicensed PI firm. Does that count?

    2. Re:Why The RIAA Has No Case by Nom+du+Keyboard · · Score: 1

      It is being downloaded by RIAA's unlicensed PI firm. Does that count?

      No, that was an "authorized" copy. Authorized by the copyright holders themselves as part of the investigation. The work has not been infringed by authorized copies.

      And I think you already knew this since you know that MediaSentry is unlicensed in every state.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:Why The RIAA Has No Case by Anonymous Coward · · Score: 0

      If just making the song available is a crime. The RIAA should just start suing anyone who has ever had anyone over to their house, left their car/home unlocked, or let someone use their computer(which if I remember the RIAA wants to get you for having music on it anyway)just because someone MIGHT have had the ability to "illegally" acquire music from you.

      Course, I have heard their argument to this... Something about drug dealers not needing to actually be caught selling their wares just possessing it in an "available manner." AKA pot in dime bags or files on a P2P... As a cop's son I'll tell you, possession "with intent to sell" and actual sale are two different things(atleast where I live.)

    4. Re:Why The RIAA Has No Case by Anonymous Coward · · Score: 0

      The song file has to be downloaded by another unauthorized person (RIAA investigators don't count) for it to be infringement.

      If you are not licensed to distribute a copyrighted work, it is infringement to upload it to anyone, RIAA or otherwise.

      As for their proof, it is a civil case... so it isn't a "beyond a reasonable doubt" kind of thing. They only need a "preponderance of evidence" to get you.

      Having said that, here's how to get off... If you are running an open wi-fi, and an examination of your hardware by a third party investigator (They don't have the right to look at your computers and go on a fishing expedition, so don't let them) turns up nothing, then they really have no case. Running an open wi-fi is perfectly legal in most places, and possession is nine tenths of the law. If you get the dreaded extortion letter, just open you wi-fi and clean out your systems. If you run windows, it's even easier. Delete your P2P app and whatever you downloaded, then just turn off all your virus protection and go surfing for porn for a few hours. Your system will have more open backdoors than a gay pride parade. Plenty of plausible deniability for everyone if you play your cards right.

  24. A humorous solution by dyslexicbunny · · Score: 4, Interesting

    In collecting evidence for those takedown notices, Media Sentry investigators do not usually download suspect music files. Instead, the company uses special software to check the "hash," a sort of unique digital fingerprint, of each offered file to verify that it is identical to a copyrighted song file in the RIAA's database. In the rare cases in which the hashes don't match, the investigators download the song and use a software program sold by Audible Magic to compare the sound waves of the offered audio file against those of the song it may be infringing upon. If the Audible Magic software still doesn't turn up a match, then a live person will listen to the song. So they have to check popular songs audibly if they don't match their automated tests. It is quite likely that RIAA pays Mediasentry for work hourly or files searched. So I had an idea and propose we need the following tools: microphones, bored people, and lots of computers to host.

    1) Figure out what music is currently quite popular.
    2) Make your own covers of it without instruments. Sing both the lyrics and the melody with interpretive musicianship. The worse it sounds, the better.
    3) Host as the file name.
    4) ????
    5) Waste their time!

    IANAL but I don't think you could get in trouble for posting fake songs up. Technically, you could claim you're helping fight piracy while making Mediasentry's job harder. I imagine the in worst case they ask you to cease and desist. Perhaps someone more versed in law can say if this is valid.

    Another option could be to simply use the band's name and make up fake songs with similar names to original songs with fictitious lyrics. This would replace step 2. Granted I believe they are solely looking for song titles.
    Ben Folds - Rocking the Penguin
    Beastie Boys - Ubuntu in Effect
    Whitney Houston - OSX will save the day
    1. Re:A humorous solution by Thelasko · · Score: 4, Insightful

      That would only play right into their hand. The network would become useless because someone searching for songs by Amy Winehouse will receive thousands of hits for files of idiots humming the song "Rehab" instead.

      You are correct that the easiest way to defeat the methods they deploy is to flood them with garbage, but how is the casual user supposed to filter out the garbage without The Man doing the same?

      The closest analogue I can think of would be currency. The Treasury Department changes the design every few years because it takes a while for counterfeiters to, reverse engineer, develop copy techniques, and perfect methods for mass production. By the time that's complete a new bill is in circulation.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    2. Re:A humorous solution by cipher_null · · Score: 1

      Too bad people can't get a hold of the regular expressions used in their scripts. If they just matched artists or something you could use approach above to really screw with them. Like ($variable =~ /^Metallica*./ ) to match every file name starting with Metallica. Then you could upload fake songs, such as "Metallica - This song is fake(RIAA decoy)", "Metallica - F the RIAA", "Metallica - P2P 4eva"

    3. Re:A humorous solution by Thelasko · · Score: 1

      A better solution would be to create a file that has the same checksum but different contents. Name it the same thing (add "fake" to the name) and release it into the wild. Their methods will produce false positives as a result (bad for the person doing this) but it won't stand up in court and therefore make all other cases with evidence discovered from the same methods invalid.

      Remember, checksums are not foolproof, they can be forged.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    4. Re:A humorous solution by Anonymous Coward · · Score: 0

      Or craft a file with the same hash and name and wait for them to sue you.

    5. Re:A humorous solution by Anonymous Coward · · Score: 0

      To make things inconvenient for Media Sentry, the first thing to do would be to start flipping bits for a random selection of audio files. MP3's have ID3 tags, and that's where I'd start. They'll have to inspect the waveform of every file they download.

      Put up a number of popular songs, but encoded. UUEncode it or XOR itself with the first 4 bytes or whatnot. Change the name only slightly, but make sure it's not playable right off the bat.

      Then, for good measure, put in yet more popular (but ones you don't listen to) songs but that are fake. Make them the same filesize and filename as the real song, but only put in the first and last few seconds of the real song into the file. In between, insert a fake track of farting sounds or the toilet flushing or fapping, etc. (I'll bet someone here can write a program to do all that with the click of a button).

      Or, even better, embed malicious code into a select number of songs. See if their anti-virus picks it up.

      It doesn't have to be a lot of people doing this. But do it enough, and Media Sentry will grow tired of having to download something, testing it, and then finally finding it to be a dud.

    6. Re:A humorous solution by b4dc0d3r · · Score: 1

      funny, but you'd have to pay ASCAP / BMI fees - to the publisher of the music. Or maybe RIAA would get ASCAP / BMI in on the lawsuit fun in order to reduce the amount of distraction

    7. Re:A humorous solution by GWBasic · · Score: 1

      funny, but you'd have to pay ASCAP / BMI fees - to the publisher of the music. Or maybe RIAA would get ASCAP / BMI in on the lawsuit fun in order to reduce the amount of distraction

      you have a point, I was going to say the same thing to the parent poster. What I can add is that if there's enough of a change; it becomes a parody! Parody was decided by the Supreme Court to not be infringement.

  25. Did they not infringe themselves? by uselessengineer · · Score: 1

    In the rare cases in which the hashes don't match, the investigators download the song and use a software program sold by Audible Magic to compare the sound waves of the offered audio file against those of the song it may be infringing upon. If the Audible Magic software still doesn't turn up a match, then a live person will listen to the song.

    So I put a song labeled "4 minutes", like the article said. And instead of it being the song, i have some song i created, then they can be fined for the maximum per song because they downloaded it from me? Sounds like they infringed on all the false positives they download. How is this legal?

    RIAA> "Judge, i was able to catch these infringers by downloading songs off of their computer. When i hit the 20th song, i found one they infringed on"
    Judge> "And what about the first 19?"
    RIAA> "Those were songs the defendant made in his own studio.... oh wait."
    Defendent> "Judge, i move to charge the RIAA for copyright infringing on my 19 songs"

    1. Re:Did they not infringe themselves? by Anonymous Coward · · Score: 0

      Why were you sharing your first 19 songs if you didn't intend to distribute them? Juvenile fantasy.

    2. Re:Did they not infringe themselves? by uselessengineer · · Score: 1
      Making available is not an excuse. The courts already saw to that.

      If you don't like that. How about this. I copy 19 songs from someone else. I share them on limewire and the RIAA downloads them. Who is in violation of the law, The person who downloads them off of me, or the person who makes them available (me)?

    3. Re:Did they not infringe themselves? by Anonymous Coward · · Score: 0

      Making available is not an excuse. The courts already saw to that.

      An excuse to what? Clarity. You seem to need it.

      The question is whether you granted a license for your songs. My argument is that you did.

      If you don't like that. How about this. I copy 19 songs from someone else. I share them on limewire and the RIAA downloads them. Who is in violation of the law, The person who downloads them off of me, or the person who makes them available (me)?

      If neither you nor the RIAA are legitimate licensors for the 19 songs, you both broke the law. If either of you are, only the other did. A copyright holder has the automatic and implicit right to copy their content, regardless of the source. That's right -- if I own a copyright, I can copy the work from third parties with no penalty.

      This really isn't so hard.

    4. Re:Did they not infringe themselves? by uselessengineer · · Score: 0

      The question is whether you granted a license for your songs. My argument is that you did.

      How is this any different than if I made a mix tape for someone and that other person "potentially" violated the law by making available my music online? Then the RIAA comes along and downloads it from them. How is that any different than me downloading music off of someone and it turning out that the material i downloaded is copyrighted by the artists the RIAA represent?

      One cannot argue intent because in order to be charged with a crime you have to commit it, else i can use the "i thought the person who had them shared was the legal owner and was granting me permission to download" argument.

      If neither you nor the RIAA are legitimate licensors for the 19 songs, you both broke the law. If either of you are, only the other did. A copyright holder has the automatic and implicit right to copy their content, regardless of the source. That's right -- if I own a copyright, I can copy the work from third parties with no penalty.

      If the RIAA had to download unauthorized copies of the work from my computer in order to verify that the work they are downloading is their song, then they are breaking the law. Unless they have a 100% success rate at downloading a song and identifying it as one of their songs, that is.

      If I had a right to copy or distribute is not the concern here. The concern is if the RIAA had a right to "assume" that what they are downloading is their song and listen to it. If it was their song, no harm done. If it was not their song, then they just violated copyright laws.

  26. Yea they havent been targeting specific colleges by unity100 · · Score: 1

    Thats why they have been avoiding messing with Harvard like the plague.

  27. Harvard anyone? by Weaselmancer · · Score: 4, Interesting

    I seem to recall reading somewhere that Harvard has never been hit with one of these RIAA money grabs. Most probable reason being that there is enough talent there to rip the RIAA to tiny ribbon sized shreds in front of the judge, which would pretty much end their extortion racket.

    So, does that still hold true? Anybody at Harvard ever been hit with one of these?

    --
    Weaselmancer
    rediculous.
    1. Re:Harvard anyone? by SlickNic · · Score: 5, Informative

      Harvard has yet to see a single take down notice or legal action seeking the identity of someone on the Harvard network as of 5-02-2008. http://blog.wired.com/27bstroke6/2008/05/riaa-says-harva.html

      --
      Saying "all faiths are equivalent" is akin to saying "all drugs are the same".
    2. Re:Harvard anyone? by b4dc0d3r · · Score: 2, Insightful

      duh - smart people who can afford good lawyers - that's the last group the RIAA wants to annoy.

    3. Re:Harvard anyone? by iron-kurton · · Score: 1

      They can also afford to pay for music.

      [/sarcasm]

      --
      Change is inevitable, except from a vending machine -- Robert C. Gallagher
    4. Re:Harvard anyone? by FrankieBaby1986 · · Score: 1

      just playing devil's advocate, but maybe it could be because students at harvard have enough money to just buy their music? I'd be curious to know the number of i-tunes, etc, subscribers there are.

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    5. Re:Harvard anyone? by es330td · · Score: 2, Interesting

      My cousin is a student at the University of Texas in Austin and received (and paid) an RIAA extortion letter. Given that the UT Law school is often considered one of the very top schools for Constitutional law I really don't think that fear of the faculty is much of a factor in the RIAA's decision making process.

    6. Re:Harvard anyone? by Hack'n'Slash · · Score: 1

      Are you kidding me, have you seen how much tuition is for Harvard?! I barely have enough money to feed the family, much less buy luxury items like music. (I hope my future earnings will be enough to pay back the massive loans.)

    7. Re:Harvard anyone? by neapolitan · · Score: 2, Interesting

      Recently living on campus (you can see some of my previous posts.)

      Piracy quite rampant just like any other university, and the students have rarely been served although it does happen.

      I agree that they figure high-profile university lawsuits are bad publicity, and Harvard does have many young lawyers anxious for a big win, and will not be easily intimidated, which is half of what the RIAA game is about.

      Several of the Harvard students I know have a method of sharing files via a VPN type construct (wasn't really heavily encrypted though, only member-authenticated IIRC), protected from the RIAA / internet. If several hundred people share their music, that is quite a collection. These "clubs" exist, and are very hard to find.

      --
      Slashdotter, ID #101. UIDs are in binary, right?
    8. Re:Harvard anyone? by EdelFactor19 · · Score: 2, Insightful

      are you kidding me? harvard has the largest endowment of any school. most people going there arent strapped for cash, and from what I've read most receive aid too. either the family has more money than you know what to do with, or the students often get financial aid.. in any event harvard is not one of the most expensive ivy's based us news & world reports reviews and numerous other publications.

      if you are going to harvard shouldn't you be smart enough not to have a family you can't afford to support? or conversely have a solid plan on how you will (where harvard is a key part of it).

      if you have to hope that your future earnings are enough (as opposed to know) then maybe you shouldnt be there eh? I would have thought that anyone who is deemed worthy of going there would be intelligent enough to understand /appreciate the inherent value of the investment in a 'harvard' education. mind you i didnt go there; but for any top tier school in that echelon if you didn't "know" that you were going to come out ahead either from common sense, in general or a risk/benefit analysis you really shouldn't have gotten in.

      and since i'll likely hear a retort about a comedic exageration; look at the bright side.. diploma's can double as extremely expensive toilet paper.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    9. Re:Harvard anyone? by EdelFactor19 · · Score: 2, Interesting

      say what you will but somehow I'd imagine the industry is more afraid of the combination of happy to volunteer law students, alumnae, professors etc of harvard than UT austin; not to mention the extremely large bankroll and wealth in the general population there. the other question of interest is where did the top brass / lawyers for MAFIAA get their degrees.

      going lawsuit happy on the alma mater isn't usually looked upon to well. especially when on avarage harvard grads are a lot more likely to spend a whole lot more on MAFIAA products than the "average" UT grad. key word average. Plenty of great students and some great departments at UT, I may go there for grad work but as a whole? Although I do realize that UT Austin has one of the largest endowments (ifnot larget) for a public school.

      but then again its not whats true as much as what "popular stereotypical belief" is.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    10. Re:Harvard anyone? by cliffski · · Score: 1

      you say it was extortion, but I have to ask, *did* she download copyrighted music without paying for it? If the answer is yes, I would not call that 'extortion' but 'getting legitimately caught breaking the law'.
      Or is the law not a 'proper' law if it stops slashdot readers getting free stuff at someone else's expense?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    11. Re:Harvard anyone? by mpe · · Score: 1

      you say it was extortion, but I have to ask, *did* she download copyrighted music without paying for it? If the answer is yes, I would not call that 'extortion' but 'getting legitimately caught breaking the law'.

      Reading between the lines of the article it appears that the only check file names rather than actual content. Movies and popular music titles frequently use words and terms which are also used in completly different contexts e.g. there is a classical piece of music called "Four Minutes and Thirty Two Seconds", (consisting of 272 minutes of silence) which could easily wind up as a false positive for the song by Madonna mentioned. Similarly we have no way of knowing how accurate the matching of IP addresses to people actually is.
      It would be more accurate to say that someone has been "accused of breaking the law, without much in the way of actual evidence to support that accusation".

    12. Re:Harvard anyone? by CmdrGravy · · Score: 1

      Which article did you read ? The one I read went on and on and on about the various tiers of checking each file goes through to make sure it's a genuine infringement or not.

    13. Re:Harvard anyone? by es330td · · Score: 1

      Actually, she was not assessed for downloading music but for making music available. I agree that downloading music without paying for it is theft but that is not why she was sent the letter. In her case, she allowed her gnutella client to upgrade itself and when it did it shared a directory she had previously excluded from sharing. The RIAA had no proof that anyone actually downloaded anything from her, only that 9 songs were listed as shared.

      I label it as extortion because she was assessed without proof of any actual transfer of copyrighted content occurring. I have no problem with people being punished for committing a crime but I'd kind of hope that people be punished for crimes they actually commit.

    14. Re:Harvard anyone? by Anonymous Coward · · Score: 0

      what?
      so gnutella suddenly spontaneously shared her DRM-free music that she had bought somewhere else?
      yeah right!

  28. Is it reasonable? by maillemaker · · Score: 1

    Is it reasonable to assume that if a search for a particular song returns hits that it has probably been downloaded?

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:Is it reasonable? by Shagg · · Score: 1

      Not really, and this has already been addressed by the courts in shooting down the "making available" theory.

      Basically "attempted copyright infringement" does not exist. If the song was never distributed, then infringement did not occur.

      --
      Unix is user friendly, it's just selective about who its friends are.
    2. Re:Is it reasonable? by compro01 · · Score: 1

      in a legal sense, no.

      --
      upon the advice of my lawyer, i have no sig at this time
  29. Make your own song by ninjapiratemonkey · · Score: 3, Interesting

    1) record your own song
    2) rename it as a popular song: eg. Madonna - 4 Minutes
    3) they download it after it fails hash check
    4) sue them for copyright infringement
    5) ?
    6) Profit!

    --
    01110000 01010111 01101110 00110011 01100100
    1. Re:Make your own song by Shagg · · Score: 2, Informative

      It's not copyright infringement if you're distributing your own material.

      --
      Unix is user friendly, it's just selective about who its friends are.
    2. Re:Make your own song by Chosen+Reject · · Score: 1

      You (the copyright holder) distributed the song. How was that copyright infringement?

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    3. Re:Make your own song by monxrtr · · Score: 1

      Only if they download it from the original creator's IP address is it not copyright infringement. The RIAA does distribute legally to ITunes and Amazon.

      What I see really getting the RIAA on the hook for $BILLIONS is creating an iTunes clone site(Z) containing nothing but homemade parodies at $0.99 a track. Inevitably (TM) those files will find their way on to P2P sites like Limewire. Track when the RIAA IP addresses download and inspect those files and sue them for maximum statutory damages. Copy their legal methodology and summary judgement procedure crossing every 'T' and dotting every 'i'.

      At a minimum this will make policing bittorent far too risky legally as you are by definition in a swarm uploading and downloading simultaneously.

      After the RIAA is destroyed and it's member companies bankrupted files will filter back to more expected content. And copyright might be completely repealed and reduced to length = ZERO. It's only a worthwhile game if you have people with giant multi billion dollar assets attempting to police file copying. But a lot of little guy individual consumers could get very rich from doing this. And the script will have been completely flipped upon the RIAA. You'd think it would be expensive defending yourself against 10 MILLION individual claims of copyright infringement with court filing fee costs spread across at the individual copyright troll level. Pay $300 to win $150,000 or $30,000 if you roll with a percentage chance of winning ranging from 25% to %75 (or whatever, the odds are high expected positive present value payoff).

      This is the way to historic EPIC victory. This is the Boston Tea Party of our lifetimes. This is the type of thing they will be talking about 500 years from now! We're going to California! We're on our way to Washington D.C. Yeeeeeeeehhhhhaaaaa!!!!

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    4. Re:Make your own song by Chosen+Reject · · Score: 1

      Only if they download it from the original creator's IP address is it not copyright infringement.
      Or if they download it from someone who also has been given permission to distribute. But if that person wasn't given permission to distribute, then that person is infringing the copyright, not the RIAA.

      To my knowledge, no one has been sued for downloading a song. Correct me if I'm wrong, but downloading isn't illegal since you aren't infringing the copyright, which is the right to copy and distribute. An argument could be made that in order to download you have to make a copy, but that would be about as effective as arguing that a media player makes a copy from the hard drive to RAM to the CPU in order to play it, and is thus infringement. But, with some of the court decisions being made, who knows, maybe that would fly.

      Seriously, some one please correct me if I'm wrong. I would love to see the law or a court case which showed otherwise.
      --
      Stop Global Warming!
      Just say no to irreversible processes!
    5. Re:Make your own song by Sethus · · Score: 1

      Note step number 5.

      --
      Posting with out proof reading since 2001.
  30. Correct me if i'm wrong. by GodaiYuhsaku · · Score: 1

    But isn't the order of events impossible according to the article. Now I haven't looked at limewire, but does it display the hashs before the download? Even then they talk about comparing the sound waves and say this happens before the files are downloaded. And then they open a TCP link? I may only be working on my master's in computer science but this is pretty much counter-intuitive to most of my understanding of networking. If Limewire is displaying the files hash it would be possible for them to search. But then there's the problem that Hash's aren't unique and you could find a collision. I'm not sure how large of a false positive there is but it exists. And comparing the sound waves there's no way to look in the file before downloading. So the question is, is this BS being fed by the "anonymous source" or an author who didn't do thier research.

    1. Re:Correct me if i'm wrong. by cipher_null · · Score: 1

      Not to mention, different versions of songs are readily available. Live songs, bootlegs, covers - these will all have different information within that file even though they are different versions of the same song (which would be detected by their scripts). Since they have different bit contents, their hashes would be different and wouldn't match the RIAA version. The sound waves (if that information is legitimate) wouldn't likely match either - there'd be a phase shift to many wave forms at the very least. This would take some pretty sophisticated signal analysis to pull off.

  31. How the RIAA Targets Campus Copyright Violators.. by Anonymous Coward · · Score: 0

    if (student)
          {
                guilty = true;
          }
    else
          {
                guilty = true;
          }

  32. If this is true, why those non-computer owners? by Reziac · · Score: 1

    Acto TFA:
    =======
    If there is a match, Media Sentry investigators will then engage in a so-called TCP connection, or an electronic "handshake," with the computer that is offering the file to verify that the computer is online and is ready to share the song.
    =======

    If they're going so far as to verify that the "computer is online and is ready to share the song", then explain to me how they can make the sort of mistakes they do, what with some targets having not engaged in filesharing at all?
    Remember, if they are targeting 'em live and in action, like TFA says, this should give them a firm timestamp for when Filesharer X was using IP-address nnn.nnn.nnn.nnn

    In other words, either their catch-a-thief-in-the-act system is broken (should not be making the kind of mistakes it does), OR they are lying outright about checking all of the targets for actual sharing activity.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  33. Annotate your share by GuyverDH · · Score: 0, Troll

    It would be best if you didn't share at all, but if you feel you have to...

    Place an annotation clearly stating that this folder is only available to individuals that are in no way, shape, or form affiliated with the RIAA, one of it's member companies, clients, or third-party company acting on behalf of said RIAA.

    Then if they try to come at you, sue them for criminal trespass.

    --
    Who is general failure, and why is he reading my hard drive?
    1. Re:Annotate your share by GuyverDH · · Score: 1

      I'm trying to figure out what was trollish about this post...

      Please enlighten me...

      If it's the comment about not sharing in the first place, that's just plain common sense, definitely not trollish.

      --
      Who is general failure, and why is he reading my hard drive?
  34. Entrap them right back. by Rockoon · · Score: 2, Interesting

    Put your own copyrghted material up, but name it the same as something that they are looking for. Let their cronies download it in their "validation" sweep (the article didnt actualy say that they validate??) Immediately have someone else download your copyrighted material from them. Instant lawsuit against the RIAA, am I right?

    --
    "His name was James Damore."
    1. Re:Entrap them right back. by Skapare · · Score: 1

      If it's your content, and you offer it, then where is the violation if the anyone downloads it?

      --
      now we need to go OSS in diesel cars
    2. Re:Entrap them right back. by Rockoon · · Score: 1

      It is mine to offer, not theirs to offer.

      --
      "His name was James Damore."
  35. college safety and reviews by harvey+the+nerd · · Score: 2, Interesting
    "We find what we find..." suggests that many schools do a better job of protecting their students from predators like RIAA, either by IT means, enforcement or policies. Perhaps we should be posting such valuable insights about IT safety at places like CollegeConfidential. e.g. "College X had 14 students mugged by the RIAA last year." Also it would be interesting to find out if any of the suicides or beserkers had RIAA extortion letters.

    Although some kids may need to reign in their activities, the RIAA methods' technological and litigation basis are unsound and dangerous. RIAA and their overlords need to be made recipocally accountable with the colleges taking more responsibility too.

  36. Deception? by cipher_null · · Score: 2, Interesting

    I wouldn't be surprised if they "leaked" this article to misinform people to their detection methods. If you think this is their whole routine, then you let your guard down on other levels. Or it could be directed at Limewire. What better way to take out adversaries than "focus fire them"? "We find people using scripting methods mining Limewire data". People shy away from Limewire. /dust off hands Well one down.

  37. They can't target specific institutions? by JackTheWire · · Score: 1

    The article states:

    "We have no capability of targeting any school at all," said the RIAA representative, who argued that there is a large "misperception" among university administrators that individual colleges are being picked on. "Technically we can't do it. We find what we find with this process, and that's what we send to schools."

    If an institution has a Class B IP address range that they distribute to their students (as the college I went to does), can't Media Sentry just build in their little script to target known institutions?

    Say Pirate University has a class B range 155.50.0.0 - 155.50.255.255, shouldn't they be able to flag when they find an IP in that range?

    Once they've found out the IP range through their WhoIs search, I think they technically COULD target institutions, under specific circumstances.

  38. I'm glad I don't need to worry about the RIAA... by Doug52392 · · Score: 2, Insightful

    ... because I hate all current music! That's the last thing I'd download, the latest pop or rock song! The MPAA, however.........

  39. Targeting Higher Ed is automatic by squonkinator · · Score: 1

    The targeting of higher education networks is for the most part an automatic thing and they know it. Why? Higher ed usually has higher bandwidth available for uploads/downloads. This makes the serving of files from higher ed primary sources as the data can flow faster and quicker for them to pick up on for detection purposes. Simple is always better...

  40. We got one of these complaints. by Anonymous Coward · · Score: 0

    Don't know how they treat repeat violators, but here's one my university got (sorry for the redactions, but we're dealing with the MAFIAA here)

    From: RIAA [mailto:XXXX@riaa.com]
    Sent: XXXX
    To: XXXX
    Subject: Case ID XXXX - RIAA Infringement Notification

    VIA EMAIL

    XXXX, 2008

    Re: Copyright infringement

    Dear Sir or Madam:

    I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture, and distribute approximately ninety (90) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.

    We believe a user's account on your network was used to reproduce and/or distribute unauthorized copies of one or more copyrighted sound recordings. We have attached below the details of the infringing activity.

    We have a good faith belief that this activity is not authorized by copyright owners, their agent, or the law. We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove or disable access to the infringing sound recording.

    We believe it is in everyone's interest for music consumers to be better educated about the subject of copyright law and music. In addition to taking steps to notify this network user about the illegal nature of this activity, we encourage you to refer him/her to the MUSIC Coalition's website at www.musicunited.org. The site contains valuable information about what's legal and what's not when it comes to copying music.

    You should understand that this letter constitutes notice to you that this network user may be liable for the infringing activity occurring on your network. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, your institution may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained. Moreover, this letter does not constitute a waiver of our members' right to sue the user at issue for copyright infringement.

    Thank you in advance for your prompt assistance in this matter. If you have any questions, please feel free to contact me via e-mail at XXXX@riaa.com, via telephone at XXXX, or via mail at RIAA, 1025 F Street, NW, 10th Floor, Washington, D.C., 20004. Please reference Case ID XXXX in any response or communication regarding this infringement.

    Sincerely,

    XXXX
    Online Copyright Protection
    RIAA

    List of infringing content:
    Flo Rida Low

    INFRINGEMENT DETAIL

    Infringing Work: Flo Rida Low
    First Found: XXXX 2008 XXXX EDT (GMT -XXXX) Last Found: XXXX 2008 XXXX EDT (GMT -XXXX) IP Address: XXXX IP Port: XXXX
    Protocol: BitTorrent
    Torrent InfoHash: XXXX
    Containing file(s):
    XXXX Flo Rida feat. T-Pain - Low.mp3 (XXXX bytes)

    1. Re:We got one of these complaints. by monxrtr · · Score: 1

      The RIAA is a trade association whose member companies create, manufacture, and distribute approximately ninety (90) percent of all legitimate sound recordings sold in the United States. What completely wishful thinking! This is why they think they own other people's EARS. Time to start converting all written content created by every individual into duplicate sound versions. Don't just write that college paper on Socrates. Read it aloud and post it as a copyrighted .mp3 sound recording (requesting donations).
      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  41. Re:Is it reasonable? NO! by Nom+du+Keyboard · · Score: 1

    Is it reasonable to assume that if a search for a particular song returns hits that it has probably been downloaded?

    No, Mr. Troll! The song that a search returns could have gotten on that computer by many other methods (ripped from CD, loaded from a memory stick, downloaded from an authorized on-line music store, copied from a previous hard drive, placed there by a trojan) than being illegally downloaded.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  42. Hashes by Experiment+626 · · Score: 1

    In collecting evidence for those takedown notices, Media Sentry investigators do not usually download suspect music files. Instead, the company uses special software to check the "hash," a sort of unique digital fingerprint, of each offered file to verify that it is identical to a copyrighted song file in the RIAA's database.

    What is this all about? It makes it sound like they have a checksum for the digital recording of each RIAA song, and compare it against the files on the P2P system. But there are an unlimited number of files that a given song might be made into, by using different formats, bitrates, encoders settings, ID3 tags, and so on. What exactly are these hashes of?

    1. Re:Hashes by cipher_null · · Score: 1

      Exactly what I was thinking

  43. But don't forget... by maillemaker · · Score: 1

    >The song that a search returns could have gotten on that computer by many other methods
    >(ripped from CD, loaded from a memory stick, downloaded from an authorized on-line music store,
    >copied from a previous hard drive, placed there by a trojan)

    And then just happened to get put into the shared directory of a P2P client.

    Riiiiiight. I have this bridge here for sale...

    --
    A work that expires before its copyright never enters the public domain and thus enjoys eternal copyright protection.
    1. Re:But don't forget... by Nom+du+Keyboard · · Score: 1

      And then just happened to get put into the shared directory of a P2P client.

      We're not discussing if the file was made available for sharing, but rather how it got onto the computer in the first place. It might have been ripped by the computer owner and placed for sharing.

      Or, since P2P clients automatically search out music files to share, it could have been on the computer before Limewire was loaded, and then Limewire shared it automatically. That wouldn't be a downloaded file.

      And you don't own that bridge.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    2. Re:But don't forget... by mr_matticus · · Score: 1

      Or, since P2P clients automatically search out music files to share, it could have been on the computer before Limewire was loaded, and then Limewire shared it automatically. That wouldn't be a downloaded file. So?

      Whether it was ripped from a CD, legally downloaded, or illegally downloaded, if you're sharing it to others, you're offering it for distribution. If someone downloads it and the copyright holder or their agent, that's infringement. The issue then is being able to prove it happened (relatively easy) and then match it to a person (not so easy).

      Struggling with the whole "proof" thing, the RIAA has attempted to move the bar by saying an offer to distribute is as good as actual infringement. They're arguably, though not conclusively, correct wrt criminal infringement, but not the civil cases where it has been attempted. Even if "offer to distribute" became an acceptable standard in a civil case, courts would still take issue with the mere presence in a shared folder being an "offer" of legal sufficiency.
    3. Re:But don't forget... by Wrath0fb0b · · Score: 1
      Actually, they are literally right wrt criminal infringement, which explicitly criminalizes "making available". See http://www.law.cornell.edu/uscode/17/usc_sec_17_00000506----000-.html:

      (a) Criminal Infringement.--
      (1) In general.-- Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed--
      (A) for purposes of commercial advantage or private financial gain;
      (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
      (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution. I'm somewhat amazed by the multitudes of /.ers that insist that "making available" is some crackpot theory that the RIAA just made up -- it's right there in the US Code. The parent is right that the criminal standard is not applicable in civil trials and that those torts probably require an actual copy. Nevertheless, "making available" is part of US law.
    4. Re:But don't forget... by monxrtr · · Score: 1

      The relevant key word in that Law is "Person". Computers are not *Persons*; they are inanimate objects. Unless you have witness testimony or visual recording of a specific individual Person putting files in shared internet folders you have absolutely zero evidence of any actions of any Persons. But feel free to put a laptop computer on the stand and get the judge to hold the computer in contempt of Court for failing to testify.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    5. Re:But don't forget... by mr_matticus · · Score: 1

      You overstate the difficulty of attaining sufficient proof that a person made available copyrighted works. You do not need evidence of intent or even of actual knowledge. The intent element is imputed in the use of a filesharing program, for which it is common knowledge that many scan and share materials unless disabled.

      However, this is why an offer of distribution is not conclusively sufficient, since there are certain pitfalls and loopholes (some legitimate but most are disingenuous and not widely tolerated), and is precisely why I selected the language I did in my previous post.

    6. Re:But don't forget... by mr_matticus · · Score: 1

      The problem is that the intent element is incomplete based on purely circumstantial evidence, and will not be imputed in these cases, as the reasonable person standard must be applied to a factual link that is too attenuated.

      It's not that "making available" is inconclusive (it is not, because it is contained in Sec. 506), it's that a random shmoe off the street with consumer software is not automatically guilty of offering for distribution based on the fact that his computer made the files available. It is a presumption, and a strong one, but it remains a rebuttable one, and therefore in these cases it is not a conclusive standard for these kinds of defendants because a critical element is on the fence.

    7. Re:But don't forget... by Wrath0fb0b · · Score: 1

      So, aside from the childish comments about putting a laptop on the stand (as opposed to making an image of the hard drive and presenting the contents as evidence), your legal defense is "you can't provide it was me that did it, only that it was my computer". This won't work since it's fairly easy to establish that a file was creating by a given user of a computer (all file systems record the creator of a file), who installed the program (again, file system records). Now you can assert, although it was your user account that created the files and installed the programs, it was really someone else. You might be in luck if you have housemates that actually use your computer with your user account on a routine basis (or are willing to perjure themselves to that effect) but otherwise, the user account pretty firmly links it to you (especially if you have your gmail cookie and term paper saved in your /home). Of course, you can also assert that some criminal mastermind has taken control of the computer, manipulated the file system entries and somehow left no trace on the hard drive of her doing. You probably won't find a jury that will buy that as reasonable.

      Remember, everything that you claim will have to be consistent with all the data that can be wrung from your hard drive. If you fudge the truth and are caught, the jury can conclude that you aren't a credible witness and discount all of your testimony. At that point, I venture you are screwed entirely.

      In the final analysis, the prosecution only has to prove its case beyond a reasonable doubt, not beyond all possible doubt. The hard drive image is going to make or break the case.

    8. Re:But don't forget... by Wrath0fb0b · · Score: 1

      Absolutely agree. External proof of "making available" (e.g. IP address, etc . . ) is only the beginning of the prosecutor's case. The rest of it will rest on forensic evidence on the hard drive (e.g. Limewire defaults changed, web history from a bittorrent search site, email conversations about sharing).

      It's not an impossible burden to bear and most defendants that go on the stand trying to defend themselves will ultimately alienate the jury with their lame evasions.

    9. Re:But don't forget... by monxrtr · · Score: 1

      Well "making an image of the hard drive and presenting the contents as evidence" would be MAKING AVAILABLE the entirety of the contents on that hard drive! Is the RIAA or Federal Government going to be held liable for willful infringement to the tune of $30,000 per copyrighted file "made available" to the Court or any other parties for content that is not the copyright of the RIAA or government? Say you have 10,000 emails, photos, and school paper files saved to your hard drive which are completely the copyrights of the owner of the computer. That's $30,000,000 in demonstrated "making available" liability if the RIAA forces the release of that information, or copies those files, or looks at those files (all necessary prerequisites to submitting evidence against the wishes of the owner). And we haven't even started counting copyright infringement liability for other proprietary content such as software operating systems. I guess Microsoft can't complain about reverse engineering of their operating system by non-Microsoft parties if that operating system happens to be installed on a computer being "examined" (whatever the hell that means) for copyright infringement?

      Why can the RIAA examine all files on the internet without penalty on the pretext of checking that the contents aren't violating their copyrights but every individual P2P user cannot also examine all files on the internet without penalty to make sure the contents aren't violating their copyrights too? Uploading files is just giving downloading consent to examination assistance in exactly the same way the RIAA gives Media Sentry downloading examination consent. If you're going to start seizing and examining computers for copyright violation fishing expeditions, every business, government entity, and individual person is going to have claims for seizure and examination from every other business and person. So when a business like the RIAA is found to violate some GPL license, all the computers in their business operations can be seized and examined for the purpose of discovery, effectively shutting that business down?

      There is no a priori proof or even reasonable cause to assume any specific computer is at any time "plugged in" to an IP address, let alone a specific Person is responsible for any actions. You can have multiple computers plugged in to the same IP address at different times. This is likely why some percentage of people are being falsely accused and being served with subpoenas and settlement letters.

      As you say, the hard drive image is going to "make or break the case". And what better DEMONSTRATED "making available" evidence (to themselves and any other parties) that those examining the contents of hard drives are liable for copyright infringement for every file which is not their specific copyright. And it sure seems you have no problem with baseless "wringing of data" from any hard drive whatsoever on any claimed suspicion from any individual Person.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    10. Re:But don't forget... by Wrath0fb0b · · Score: 1
      First of all, let's be clear that we are talking about a criminal case, not a civil case (since you are quarreling with the "making available" statue. Therefore, it's not nothing to do with the RIAA and absolutely nothing to do with damages in any monetary amount whatsoever. This is purely a criminal statue that provides for jail time.

      Well "making an image of the hard drive and presenting the contents as evidence" would be MAKING AVAILABLE the entirety of the contents on that hard drive! Is the RIAA or Federal Government going to be held liable for willful infringement to the tune of $30,000 per copyrighted file "made available" to the Court or any other parties for content that is not the copyright of the RIAA or government?

      Read the law again, it's making available on a public computer network -- evidence in trials is not put on public computer networks.

      Even given your woeful understanding of the plain language of the statute, there is a general exemption for officers of the court, e.g. the prosecutor can introduce a gun into evidence without being guilty of bringing a gun into a court. Every forensic lab tech that tested drugs is likewise not guilty of possession of narcotics. I thought this was simple common sense but apparently not.

      I guess Microsoft can't complain about reverse engineering of their operating system by non-Microsoft parties if that operating system happens to be installed on a computer being "examined" (whatever the hell that means) for copyright infringement?

      Reading the timestamps and looking at login records does not qualify as reverse engineering.

      Why can the RIAA examine all files on the internet without penalty on the pretext of checking that the contents aren't violating their copyrights but every individual P2P user cannot also examine all files on the internet without penalty to make sure the contents aren't violating their copyrights too?

      Patently false. You can examine any file made available on the internet for your copyrights. The RIAA has no more right to examine your files than the level of access you give to the public -- they are not acting in any law enforcement capacity here (this is civil law). If you don't want to give access to the RIAA, put a password on your server. They have exactly the same rights on the internet you do!

      By the way, you've already confused civil suits (the RIAA asserting a private tort) with criminal charges (the Federal government levying criminal charges). Please stick to one or the other.

      If you're going to start seizing and examining computers for copyright violation fishing expeditions, every business, government entity, and individual person is going to have claims for seizure and examination from every other business and person.

      I'm going to break this down into criminal and civil:

      Criminal: The gov't may seize, upon probable cause and pursuant to a duly signed warrant, any items that contain or consist of relevant evidence in a criminal trial. This is the case for all crimes and is fairly well settled.

      Civil: There is no "seizure", since there is no government action. The process goes like this: first you file a lawsuit alleging some non-trivial tort. Second, if the court finds that your claim has enough merit to proceed to trial, you enter discovery where you can obtain an order to have the defendant submit their computers to a court-approved expert that will make an image of the hard drives. Third, now that the image is made and secured, the prosecution and defense agree for a protocol by which information is gleaned (you don't just get to read their emails and pr0n willy-nilly). Take Civ Pro 101.

      So when a business like the RIAA is found to violate some GPL license, all the computers in their business operations can be seized and examined for the purpose of discovery, effectively shutting that business down?

      [NOTE: the is civil law, not criminal] If you sue the R

    11. Re:But don't forget... by monxrtr · · Score: 1

      First of all, let's be clear that we are talking about a criminal case, not a civil case (since you are quarreling with the "making available" statue. Therefore, it's not nothing to do with the RIAA and absolutely nothing to do with damages in any monetary amount whatsoever. This is purely a criminal statue that provides for jail time.

      This is true. But then why originally confuse RIAA with "making available"? There will never ever be a criminal case of "RIAA Member Companies vs. Joe Public". But as the RIAA itself likes to confuse criminal with civil statutes for propaganda purposes (often referencing "piracy" and "theft"), I went along arguing upon as if that rationale was pretended to be legitimate, for the sake of argument. And why not expect such a "making available" clause to be attempted to be inserted into the civil statute? It's not necessarily a waste of time to argue AS IF it could someday be a civil statute clause.

      Even given your woeful understanding of the plain language of the statute,

      And how about the "woeful understanding" of constitutional law by *lawyers* who pass laws? Fuck the "plain language of the statute". It doesn't mean it isn't garbage.

      Read the law again, it's making available on a public computer network -- evidence in trials is not put on public computer networks.

      It's still a ridiculous unconstitutional law, without even a pretense of defining "making available", a violation of the 8th Amendment for every feasible possible "ON" statute example. Watching a movie on your laptop which is wireless connected to the internet is technically "making it available on a computer network accessible to members of the public". The computer is connected to the network and people walking by as you eat your lunch in a public space can see the movie, can secretly make a copy if you leave the laptop on the lunch table to go to the restroom. It sounds like "members of the public" just means *everybody* who is not the copyright holder and not acting a government official capacity.

      The first time someone attempts to throw a citizen in jail (or file any criminal charges whatsoever) for posting a picture of their car on an internet website (technically "making available" a copyrighted image owned by the car manufacturer), this law will be tossed into the dumpster unanimously at both the Appellate and Supreme Court levels.

      So let's not assume, let's not pretend, the "making available on a computer network accessible to the public" clause is even on it's face remotely constitutional.

      But regardless, on pure constitutional appeal grounds, if you can willfully or accidentally make something available *anywhere* without additional legal penalty, you can likewise similarly make the exact same thing available on "a computer network accessible to members of the public" without breaking any legitimate enforceable law. It's an absurd law to attempt criminalizing the internet. Every file which is viewed or copied on the internet is copyrighted by whomever originally created the file, even though commercial interests like to pretend they are the only persons with rights on the internet.

      Civil: There is no "seizure", since there is no government action. The process goes like this: first you file a lawsuit alleging some non-trivial tort. Second, if the court finds that your claim has enough merit to proceed to trial, you enter discovery where you can obtain an order to have the defendant submit their computers to a court-approved expert that will make an image of the hard drives.

      That's effectively "seizure", and seizure without due process protection against ancillary incriminating evidence or further civil liability of computer property which is merely ASSUMED to exist.

      Reading the timestamps and looking at login records does not qualify as reverse engineering.

      There is no law limiting or proscribing the methodology for examination of files located on a computer. Seizure

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    12. Re:But don't forget... by Wrath0fb0b · · Score: 1

      But as the RIAA itself likes to confuse criminal with civil statutes for propaganda purposes (often referencing "piracy" and "theft"), I went along arguing upon as if that rationale was pretended to be legitimate, for the sake of argument. And why not expect such a "making available" clause to be attempted to be inserted into the civil statute? It's not necessarily a waste of time to argue AS IF it could someday be a civil statute clause.

      That would certainly make your life a lot harder.

      And how about the "woeful understanding" of constitutional law by *lawyers* who pass laws? Fuck the "plain language of the statute". It doesn't mean it isn't garbage.

      Sorry, the statute was passed by "The People" and so has quite a bit more legitimacy than people arguing on the internet. Perhaps it is garbage but since it's the law, and since it is well within the powers of Congress to regulate interstate communications systems (both criminally and civilly, to a limit, e.g. Reno v. ACLU -- delineating the limits to some extent), your complaint is best addressed at the vast numbers of people that continue to elect pro-copyright legislators (which I happen to think are wrong, mind you -- I would vastly reform copyright law myself if I were Congress).

      It's still a ridiculous unconstitutional law, without even a pretense of defining "making available", a violation of the 8th Amendment for every feasible possible "ON" statute example. Watching a movie on your laptop which is wireless connected to the internet is technically "making it available on a computer network accessible to members of the public". The computer is connected to the network and people walking by as you eat your lunch in a public space can see the movie, can secretly make a copy if you leave the laptop on the lunch table to go to the restroom. It sounds like "members of the public" just means *everybody* who is not the copyright holder and not acting a government official capacity.

      If you wrote this in my Constitutional Law class, I would fail you.

      The statute is not too vague for the 8A since it proscribes a very specific act -- the intentional making available. Simply watching a movie on your laptop is not making it available even if others can watch the screen because it is not available on the computer network. You would have to copy it to a shared folder or share the folder in which it resides, in order to be guilty of that crime. Also, "members of the public" actually means something very specific in legal parlance and it's not what you think it means -- it means something along the lines of "generally accessible". For instance, if you rip a CD and make it available on your private home network, that wouldn't count since your home network is not "generally accessible". In reality, of course, it refers only to the internet at large -- if a random person can access it from the internet without a password it qualifies.

      The first time someone attempts to throw a citizen in jail (or file any criminal charges whatsoever) for posting a picture of their car on an internet website (technically "making available" a copyrighted image owned by the car manufacturer), this law will be tossed into the dumpster unanimously at both the Appellate and Supreme Court levels.

      Actually, it is fairly undisputed (although not conclusively settled) that a photographer owns the copyright to every photo that he takes (to the extent that they are not verbatim reproductions of another copyright work -- you can't just take a photo of a photo and claim it as your own). In the case of Ford Mustangs and the Black Mustang Calendar, however, Ford asserted that their trademark on the various brand-names. That trademark fairly clearly prohibits others from commercially publishing a calendar that makes use of their trademarks. If you want to demonstrate your misunderstanding of Trademark law, feel free to do so.

      Just to be clear, it is perfectly legal to take photogr

  44. Bittorrent by beckerist · · Score: 1

    And this is why I stick to bittorrent and Peer Guardian.

    1. Re:Bittorrent by aleone · · Score: 1

      You are only deceiving yourself if you think the RIAA doesn't know about PG or aren't actively changing their IP ranges. On a different topic, would the RIAA be successful in a suit against someone with an open wireless internet connection if they had not shared the files themselves? We should all leave our wireless open and happen to use the neighbors when downloading. That being said, it seems apparent safety is the most important thing for people these days (no liquids on airlines, no-fly list, etc)...

  45. What, NEVER? No. NEVER! Well, hardly ever. by dpbsmith · · Score: 3, Interesting

    "In collecting evidence for those takedown notices, Media Sentry investigators do not usually download suspect music files. Instead, the company uses special software to check the "hash," a sort of unique digital fingerprint, of each offered file to verify that it is identical to a copyrighted song file in the RIAA's database. In the rare cases in which the hashes don't match, the investigators download the song and use a software program sold by Audible Magic to compare the sound waves of the offered audio file against those of the song it may be infringing upon. If the Audible Magic software still doesn't turn up a match, then a live person will listen to the song."

    In other words, they do not engage in unauthorized downloading and copyright infringement. Except when they do. Because they what sounds to them like a really good rationalization for their behavior.

    Which is exactly what their victims do.

    If the RIAA being straight arrows, they'd forego the downloading in those "rare" cases. Why is it so important to nail these "rare" that they will compromise their own principles?

    Perhaps, if the truth were known, those "rare" cases aren't really all that rare.

    1. Re:What, NEVER? No. NEVER! Well, hardly ever. by monxrtr · · Score: 1

      How do we know they aren't LYING about the checksum hashes? Have they every played a single music file of downloaded "evidence" in any Court? As far as I can tell, the only evidence ever submitted to any Court was screenshots of file titles and perhaps expert testimony saying the files matched their copyrighted content.

      We need a massive weighing in of /. programmer expertise on the viability of these checksum hash programs the same way when Ray Beckerman asked /. to weigh in on IP Addresses. Seems to me you can't compare sound waves without by definition completely copying the file for software/inspector examination first.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    2. Re:What, NEVER? No. NEVER! Well, hardly ever. by FrankieBaby1986 · · Score: 1

      "In collecting evidence for those takedown notices, Media Sentry investigators do not usually download suspect music files. Instead, the company uses special software to check the "hash," a sort of unique digital fingerprint, of each offered file to verify that it is identical to a copyrighted song file in the RIAA's database.


      How they hell do they hash the file without downloading it??

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    3. Re:What, NEVER? No. NEVER! Well, hardly ever. by Thinboy00 · · Score: 1

      It's called a class-action lawsuit. IANAL etc.

      --
      $ make available
    4. Re:What, NEVER? No. NEVER! Well, hardly ever. by Anonymous Coward · · Score: 0

      >We need a massive weighing in of /. programmer expertise

      Well, I guess that leaves you out.

  46. How to beat the RIAA at their own game by kimvette · · Score: 1

    Want to royally fuck over RIAA members?

    Share out music reviews with the .mp3 extension. Just play _short_ sound clips and talk about the composition, the performance, sound quality, etc. and make the song review the same length (in minutes and seconds) as the original track. Throw it up on torrent sites, share it out on limewire, etc.

    Remember: the sound clip does not contain a substantial amount of their "IP" -- just sound clips which are very brief, used as samples for the purpose of a review that a music or movie critic might use. The fact is you are presenting this as a music critic, and you are WELL within fair use guidelines to use short sound clips in your reviews.

    When they come a-suing present the evidence and then countersue, citing harassment, libel, extortion, and fraud (abusing copyright law). Also complain about the frivilous lawsuit as they obviously are just trolling for people who will just settle rather than fight their ridiculous claims.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:How to beat the RIAA at their own game by Thinboy00 · · Score: 1

      they are obviously just trolling... yeah, that's illegal
      --
      $ make available
  47. fell off the chair over the summary by superwiz · · Score: 1

    "many feel" is news? More importantly, "news that matters"? Aha.... How about "just the facts, ma'am"? What happened to that?

    --
    Any guest worker system is indistinguishable from indentured servitude.
  48. Isn't this very easy to get around? by Anonymous Coward · · Score: 0

    So if you just put your files in encrypted zips, with manual instructions on the filename on how to get the password they have to check every file manually. Or am I missing something?

  49. soulseek? by nijk · · Score: 1

    i wonder if soulseek gets targeted...

  50. RIAA at my University by prestomation · · Score: 1

    I work in the office of IT at my university, and we have a ticketing system used by almost every department on campus. There's a guy who's list of tickets is about 30 letters a day from the RIAA. Whether they act on this information or not, I do not know...

  51. Virus makers can help by G00F · · Score: 1


    Since many viruses/trojans out there work to turn boxes into IRC or relay bots, why can't there be ones that turn it into p2p bot. If the people that RIAA/MPAA sue have said viruses it can end up helping to get public to see about how absurd some of these suits and laws really are.

    Heck a virus that shares just say the top 10 songs on the RIAA hit list and using only 10kbs up, will go unnoticed by most people.

    --
    The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  52. The 3 key points in the article by NewYorkCountryLawyer · · Score: 5, Informative
    To my mind the key points in the article are:

    1. MediaSentry is a customer of Audible Magic software, the software in which Dr. Jacobson has an indirect financial interest, and uses Audible Magic software as part of its investigation. So when Dr. Jacobson testifies about how reliable MediaSentry is, he's talking about his customer, and when he testified that he doesn't know what their procedures are, he was lying.

    2. The software process used by MediaSentry differs markedly from the way Richard Gabriel has sought to describe it in his representations to various courts.

    3. Cara Duckworth, the RIAA's spokesperson, admits that

    the RIAA can tell only when a song is being offered for users to illegally download; investigators have no way of knowing when someone else is actually downloading the song.
    --
    Ray Beckerman +5 Insightful
  53. Shouldn't the riaa publish the list. by blackest_k · · Score: 1

    This might sound a little strange but if the p2p networks are polluted with RIAA music then providing a list of tracks and artists would help prevent the accidental download of RIAA member music. Honestly how are you supposed to know whats legal and what isn't?

    Riaa members don't produce all music and if they can provide lists for the investigators for automatic searches then the same list could be used to filter search results. I wouldn't want to accidentally infringe on their members copyrights would you?

    There must be millions of unsigned bands or bands out of contract or recordings out of copyright I could download and listen too legally.

    1. Re:Shouldn't the riaa publish the list. by morari · · Score: 2, Funny

      I wouldn't want to accidentally infringe on their members copyrights would you? Yes, I would. I just don't plan on ever being caught doing it. ;)
      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    2. Re:Shouldn't the riaa publish the list. by monxrtr · · Score: 1

      No, if you are a ten year old girl you are presumed to have thorough direct explicit knowledge of the entire catalog of all works which have been copyright registered with the government, from word one or second one of an audio/visual work all the way through to the last word or last second of an audio/visual work. Otherwise, you owe the RIAA ONE TRILLION DOLLARS, no excuses. If you don't have ONE TRILLION DOLLARS, say goodbye to your mommy and daddy and start working off a lifetime of indentured servitude.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  54. Chain of custody? by zhrike · · Score: 1

    IANAL, so I have no idea about the answer to this question/comment, but they (the RIAA) are proceeding wholly on an arbitrary characteristic: file name. How can they prove that my Godzilla.mp3 is not an empty four MB file I've created? Answer: they can't. Without a hash, how on earth can they prove copyright infringement? I work for a fairly large US University that capitulates blindly to these claims (much to my frustration). It staggers me that these issues haven't brought up, ut maybe it is because IAJASSANAL.

  55. Whoops. by neapolitan · · Score: 1

    I really should preview.

    I meant it does happen.

    --
    Slashdotter, ID #101. UIDs are in binary, right?
  56. Re:Chicago ordinance will put an end to independen by budgenator · · Score: 1

    For Chicago to pass an ordinance like that would be like bulldozing a building with a historic marker out front!

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  57. I have a crazy question by Anonymous Coward · · Score: 0

    I may just be one of them simple laymen, but something strikes me as funny with this whole business. Maybe it's been decided already and I'm just down at the bottom of the hill. But... If they are just making a TCP "Handshake" at what flag do they kill the connection attempt? Because if they just make a connection and browse the system without any intention of using the program for what it was designed to do, isn't that considered circumventing the security of a computer? Also by crafting a script to use the program in a way that it wasn't intended to be used constitutes a violation of the DMCA, correct? Maybe I'm just way off base or not following this enough, but why not charge media sentry with circumventing the computer's security. the excuse of "well it was open to the world" doesn't work when trying to justify using a unsecured wireless connection, why shouldn't limewire be the same way ? the program was designed to download songs, not track users of the program who actively download. Sure, its an easy thing to do, but so is stelaing a pack of gum. who knows maybe I'm wrong, its happened many times before. But i suppose this is why I work in the computer industry, I'm far too smart to be a lawyer. :-p

  58. Re:Chicago ordinance will put an end to independen by specific · · Score: 1

    http://indiemusic.meetup.com/127/boards/thread/4701023

    The City of Chicago is trying to pass an ordinance this Wednesday (May 14th, 2008) that could severely damage the live music and theater scene.

    In summary:

    The "Event Promoters" ordinance requires any event promoter to have a license from the city of Chicago and liability insurance of $300,000, but that's just the start:

    * The definition of "event promoter" is so loosely defined it could apply to a band or singer-songwriter that books their own shows or a theater company that's in town for a one-week run.

    * "Event Promoter" must be licensed and will pay $500 - $2000 depending on expected audience size

    * To get the license, applicant must be over 21, get fingerprinted, submit to a background check, and jump over several other hurdles .

    * This ordinance seems targeted towards smaller venues, since those with 500+ permanent seats are exempt

    * Police must be notified at least 7 days in advance of event.

    --
    If you lend someone $20 and never see that person again, it was probably worth it.
  59. RIAA Radar by SophtwareSlump · · Score: 1
    RIAA Radar.

    Helps you identify what albums / bands / label are on RIAA associated labels. There's also a BPI Radar for all of you non-USA folks.

    Disclaimer: I don't run the site, but I just use the site to make sure that my entertainment dollars are *not* spent supporting 'trade organizations' that I don't agree with.

    I've been buying CDs since about 1992. At various times since then, my purchasing has dropped off due to:

    - DVDs. I never bought VHS movies, but if I can get a DVD for $10, or a CD for $12, the CD doesn't win out often.
    - Video Games. This market has exploded. Money is being diverted from somewhere to spend on these.
    - Cell phone. A 'utility' that I choose to pay for monthly.
    - Broadband. Another utility that I choose to pay for monthly. It's no $9.95 a month dialup.

    1. Re:RIAA Radar by Skapare · · Score: 1

      In addition to the reasons you listed, I also find that I can now "sample" the music, and figure out what I will, or will not, like ahead of time. BTI (before the internet), I would just have to buy a CD based on its cover art and music description in most cases. Now, I simply do not buy that which I know I will not like. That had cut my CD buying down to about 30% of what it used to be until I started doing the boycott of RIAA thing (which killed that last 30%).

      While I don't fit in this category, and haven't for a long time, do keep in mind that teens tend to have less buying power than twenty-somethings, but are at least equally able to share. It's money the RIAA members would never have gotten, but might think (or wish) they would if they look at actual sharing activities levels.

      I've already met a couple people that have downloaded more music than they could ever listen to in their lifetime (terabytes). They want the music not to listen to all of it, but rather, to have it on hand quickly in case they do want to, or just to beat out their peers in seeing who can download the most. It would not surprise me if the total amount of music downloaded by everyone in the USA, translated to actual purchases, were to approach or even exceed the US GDP.

      --
      now we need to go OSS in diesel cars
  60. Hmmm...has anyone really thought piracy over? by adaykin · · Score: 1

    How dare they try and enforce laws about stealing. This is America people should be able to get away with injustices!

  61. Why can't that be so? by Anonymous Coward · · Score: 0

    The only reason I can see for that distinction is that if you're entrapping someone and you're not government/law enforcement then you're aiding and abetting a criminal act.

    However, since the cases pursued are all civil cases, and the claimant is the one giving away the product (or saying they will), then they can hardly complain that someone tried to take them up on the offer, can they?

    PS: With AllOfMP3, they are accusing them of letting people break copyright by downloading. It can't be because of AllOfMP3 uploading, because that is done in Russia, where it is legal.

    1. Re:Why can't that be so? by Danse · · Score: 1

      The only reason I can see for that distinction is that if you're entrapping someone and you're not government/law enforcement then you're aiding and abetting a criminal act.

      However, since the cases pursued are all civil cases, and the claimant is the one giving away the product (or saying they will), then they can hardly complain that someone tried to take them up on the offer, can they? They aren't giving anything away, or at least not suing anyone for downloading from them. They just collect IPs for whoever is seeding a file, and possibly download it from them to verify it. Then that person gets sued for distributing the work, or at least "making available". Their problem now is that they are starting to get called on that last bit, as it doesn't jive with copyright law. I'm sure the PRO-IP Act will fix that though.

      PS: With AllOfMP3, they are accusing them of letting people break copyright by downloading. It can't be because of AllOfMP3 uploading, because that is done in Russia, where it is legal. "letting people break copyright by downloading" = "making available"

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  62. However, they must copy your file to check by Anonymous Coward · · Score: 0

    And you sit there with the sting ready.

    Note their IP.

    Sue.

    Profit!!!

    This is why I'd like the reverse of peerguardian. I'd make available their songs, they copy and either this is legal (they have the right), illegal (I didn't do anything though, so it must be them, remember I've blocked anything BUT RIAA IP addresses) so they did wrong.

    And I add a few of my own creations in there. when they take them up, I don't have to hunt them down because

    a) peerguardian has already told me it's a RIAA site
    b) they'll come to get me for "sharing" their stuff with them

    Moustache twirling engaged...

    1. Re:However, they must copy your file to check by blueg3 · · Score: 1

      Multiple problems. First, if you created it, then regardless of what restrictions you intended to place on it, if they download it from you because you shared it, they've done nothing illegal. Second, even if you didn't create it, since you're sharing it, the liability is yours.

  63. The next generation of P2P will ... by Skapare · · Score: 1

    ... do the sharing connections through relay proxying. That way, the IP that has the shared content is not the same one connected to, to get it. In reality that's oversimplistic and the RIAA could pose as a relay to track the real source. But it would make things harder.

    --
    now we need to go OSS in diesel cars