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RIAA 'Elektra V. Barker' Case Is Settled

NewYorkCountryLawyer writes "Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, has been settled. Unlike in most cases, the actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's attack on the constitutionality of the RIAA's damages theory, as well as her other defenses — including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and innocent infringement — will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told p2pnet 'I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music.'"

306 comments

  1. Settlement by DoofusOfDeath · · Score: 3, Funny

    RIAA 'Elektra V. Barker' Case Is Settled

    I guess her lawyer's barker was worse than her biter?

    1. Re:Settlement by l2718 · · Score: 4, Insightful

      I guess her lawyer's barker was worse than her biter?

      I guess proceedings dragged on until she couldn't afford to pay the legal bills so she was forced to cut her losses. For your lawyer to bite you have to be able to pay them.

  2. So... by hidannik · · Score: 5, Funny

    Barker: We had milk crates filled with albums....
    Elektra: So what have you done for us lately?

    Hans Dannik

    1. Re:So... by multisync · · Score: 5, Funny

      We had milk crates filled with albums....

      She'd better watch out, or the milk company will be after her for stealing their crates.

      --
      I don't care why you're posting AC
    2. Re:So... by croddy · · Score: 5, Funny

      What's great about milk crates is that the milk bottlers finally retooled all their gear, so the crates were too small to hold 12" records. Narrower milk bottles, smaller crates, differently sized shelves in the stores...

      And they got that all done just in time, too, because the new crates fit two rows of CDs just perfectly.

    3. Re:So... by kannibal_klown · · Score: 5, Insightful

      There are some concepts that one should dedicate their lives to: freedom, equality, free speech, freedom of religion, etc. People have laid down their lives for these.

      Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough.

      Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living.

      Spending time with friends and family is priceless, and dealing with these greedy labels probably robbed her of enough birthday parties, outings, and nights of sleep.

      At some point, for some issues, you need to pass the baton. If you want to continue the fight, then pick up the baton and yell a battle cry. Otherwise, do not question someone wishing to end a struggle that they do not want to spend years on end fighting.

    4. Re:So... by NewYorkCountryLawyer · · Score: 5, Informative

      Any chance we'll get some of the reasoning behind the settlement? I understand that taking these thugs to court is a heavy burden, but after fighting it so long, why give up now?

      Litigation is a very stressful thing. She fought the good fight for years, and in doing so performed an important public service. She leaves behind a legacy of (a) having sealed the doom of the RIAA's creative "making available" theory, and (b) providing a detailed blueprint of defenses that can be litigated by RIAA defendants who did engage in file sharing. Sometimes people just have to get on with their lives.

      --
      Ray Beckerman +5 Insightful
    5. Re:So... by Lookin4Trouble · · Score: 1

      I'm not questioning motives, more looking for a press release or statement, or something to that effect, detailing why she gave up the fight when things had turned to her favor. I know firsthand the emotional and financial burden of being the target of a multi-(dollars earned per lifetime) dollar lawsuit from a car accident in my younger years. I also know that if the offer to settle for a couple thousand dollars was presented to me when I finished thrashing the suit of the plaintiff, I would've used that as yet more damning evidence that "Now they think their (pain and suffering/intellectual property loss) is only worth $X,000 instead of $Y,000,000...."
      I guess what I'm asking for here is not "I think they settled because of abc" but rather from the horses mouth (so to speak), "I settled because of xyz.
      With the decision on the table here presented in one neat little package (PDF? bleh), we're getting _less than_ half the story.

    6. Re:So... by NewYorkCountryLawyer · · Score: 4, Insightful

      There are some concepts that one should dedicate their lives to: freedom, equality, free speech, freedom of religion, etc. People have laid down their lives for these. Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough. Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living. Spending time with friends and family is priceless, and dealing with these greedy labels probably robbed her of enough birthday parties, outings, and nights of sleep. At some point, for some issues, you need to pass the baton. If you want to continue the fight, then pick up the baton and yell a battle cry. Otherwise, do not question someone wishing to end a struggle that they do not want to spend years on end fighting.

      Glad your post was modded "Insightful" because.... it is.

      --
      Ray Beckerman +5 Insightful
    7. Re:So... by Anonymous Coward · · Score: 0

      Stealing?
      http://www.uline.com/Browse_Listing_313.asp?searchedkeywords=milk%20crate

    8. Re:So... by DoofusOfDeath · · Score: 1

      Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living.

      Good point! Elektra was helping Barker experience the joy of giving! They rock!

    9. Re:So... by cushdan · · Score: 5, Funny

      excessive quoting is going to fill up the tubes
      Please quote responsibly.

    10. Re:So... by NewYorkCountryLawyer · · Score: 5, Informative

      I'm not questioning motives, more looking for a press release or statement, or something to that effect, detailing why she gave up the fight when things had turned to her favor. I know firsthand the emotional and financial burden of being the target of a multi-(dollars earned per lifetime) dollar lawsuit from a car accident in my younger years. I also know that if the offer to settle for a couple thousand dollars was presented to me when I finished thrashing the suit of the plaintiff, I would've used that as yet more damning evidence that "Now they think their (pain and suffering/intellectual property loss) is only worth $X,000 instead of $Y,000,000...." I guess what I'm asking for here is not "I think they settled because of abc" but rather from the horses mouth (so to speak), "I settled because of xyz. With the decision on the table here presented in one neat little package (PDF? bleh), we're getting _less than_ half the story.

      OK here it is:

      Ms. Barker was a pioneer in leading the fight against the RIAA's "making available" theory, and in doing that she performed an important public service for all of us. Now after 3 years of having this case hanging over her head, the time had come to move into Phase II of the litigation, in which she would again have been leading the fight, this time by asserting key affirmative defenses. In fact, Ms. Barker's answer provides a detailed blueprint to those defendants who have in fact engaged in file sharing as to some of the defenses that are available to them. None of these defenses have been litigated before, so it would have taken a lot of work, and a lot of time, and would that have never been litigated before. What is more, once the defenses had been adjudicated, there might have been appeals which would have raised certain key errors in Judge Karas's March 31st decision repudiating the RIAA's "making available" theory, but creating an "offering to distribute for purposes of redistribution" theory which likewise was without a basis in the Copyright Act. Rather than going down that road, Ms. Barker decided to put this stressful litigation behind her, and pass the torch to others to carry it on.

      --
      Ray Beckerman +5 Insightful
    11. Re:So... by Lookin4Trouble · · Score: 5, Insightful

      Thanks NYCL, to the point and as little legalese as possible. You've done more for the reputation of lawyers everywhere than any person I've ever met before.

    12. Re:So... by suck_burners_rice · · Score: 5, Insightful

      The truly sad part of all this is the proof, once again, that if you're a big and resourceful organization, you can win any lawsuit, deserved or not, simply by wearing out the other party. Drag the case on forever. File motion after motion. Sooner or later, you'll win because the other party will run out of resources, or will settle with you just to cut their losses and get the damn thing over with. This is not justice. This is an insult to innocent people everywhere who can be victimized by other people who are using the law as a tool for gain at the expense, pain, and suffering of others. I think there needs to be a much bigger fight, where thousands (if not millions) of people will contribute to an organization that will fight to get the terms of copyright reduced to their original values and to get other ridiculous laws like the DMCA off the books. There is no reason in the world that copyrights should last as long as they do these days, nor is there any reason that the law should heavily favor copyright holders while neglecting the rights of everyone else. I say, if it's over 20 years old, it belongs in the public domain. Furthermore, I think a fund should be set up to collect donations for the victim of this case.

      --
      McCain/Palin '08. Now THAT's hope and change!
    13. Re:So... by Anonymous Coward · · Score: 1, Insightful

      Then there are some that, while important, do not merit spending your entire life on. The time and money spent on this issue was probably too much for her, and upon reach an agreeable settlement she probably said enough is enough.

      Life isn't about money or lawsuits or even sticking it to greedy cowards. Life is about living.

      And this is why the RIAA will win in the end. For a corporation, life is exclusively about money and lawsuits. A corporation does not get tired or beaten down, especially by an individual.

    14. Re:So... by Anonymous Coward · · Score: 0

      While no one should presume another person is responsible for shouldering the burden for all, you greatly trivialize the consequences of the direction society is being pushed by licensing middle-men. The RIAA's stance is entitlement to any profit derived from use of member products, yet no reason is given why such a right is exclusive to artists. Why are instrument manufacturers who've struggled generations to establish a signature sound denied a portion of an artist's income? Or tool makers a portion of the proceeds from craftsmen who use their product? Or restaurants and cookware?
      The precedent being established is horrifying and threatens a regulated, licensed society, all for the sake of largely its most trivial, disposable aspect. It's madness.

    15. Re:So... by A+nonymous+Coward · · Score: 1

      I get the impression here that by settling, even though she lost some money, she also made her legal contributions permanent precedents available for use by other cases. But if she had kept on, she risked backtracking and upsetting those precedents on appeal. Now that it is over, the RIAA can't appeal the precedents.

      Is this even close to correct? If it is, then it is probably much better to have settled for such a paltry sum.

      Related to that, is there any way for strangers to contribute to her payments?

    16. Re:So... by Archangel+Michael · · Score: 1

      You've done more to increase the reputation of lawyers everywhere than any person I've ever met before.

      There, fixed it for you.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    17. Re:So... by NewYorkCountryLawyer · · Score: 5, Informative

      I get the impression here that by settling, even though she lost some money, she also made her legal contributions permanent precedents available for use by other cases. But if she had kept on, she risked backtracking and upsetting those precedents on appeal. Now that it is over, the RIAA can't appeal the precedents. Is this even close to correct? If it is, then it is probably much better to have settled for such a paltry sum. Related to that, is there any way for strangers to contribute to her payments?

      Yes you can send me a check payable to "Ray Beckerman PC, As Attorneys", indicating that it's for Ms. Barker, and I will send it along to her.

      --
      Ray Beckerman +5 Insightful
    18. Re:So... by Paradise+Pete · · Score: 5, Insightful

      A corporation does not get tired or beaten down, especially by an individual.

      Shareholders do. Owners do. The business model the recording industry wants to pursue is not viable. It is bad for *everyone*. The sooner that becomes clear, the sooner we have a reasonable and healthy industry that benefits both listeners and artists alike. The current model turning into a dismal failure makes it that much easier for a good model to emerge and flourish.

    19. Re:So... by Crazyswedishguy · · Score: 1
      C'mon, we all know it's only 99% of lawyers who give the rest a bad name.

      @NewYorkCountryLawyer:
      I read a quote from you saying

      "The client makes the decision. I would have loved to litigate this, I think we had good defenses."

      In your opinion, what were the chances of Ms. Barker winning the suit, had she not settled?

      --
      This space up for sale.
    20. Re:So... by Atlantis-Rising · · Score: 1

      Not really. He supports a cause you support, and so you like him, but what else is really new? Ideally, everybody's lawyer supports the cause of their client, and everyone who thinks like their client will appreciate their lawyer, too.

      That is, I fear, the terrible truth about lawyers- nobody really cares about the lawyers, because they are mere reflections of their clients. A lawyer's reputation tends to live or die with his clients.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    21. Re:So... by Anonymous Coward · · Score: 0

      Excessive quoting is going to fill up the tubes
      Please quote responsibly.

      Can I quote you on that? - Wait, Did I just do that? Rats.

    22. Re:So... by NewYorkCountryLawyer · · Score: 5, Informative

      In your opinion, what were the chances of Ms. Barker winning the suit, had she not settled?

      Good question. If you take a good look at Ms. Barker's answer you'll see that her defenses weren't about winning, they were about keeping the damages reasonable. E.g., if the RIAA were precluded from recovering statutory damages for the 8 recordings in exhibit A, based on the 4th affirmative defense, it still could easily have "won" the case and recovered its actual damages of approximately $3 US (or 2 euros).

      --
      Ray Beckerman +5 Insightful
    23. Re:So... by CodeBuster · · Score: 1

      It is too bad that more people did not contribute to the defense fund and that non-profit organizations, perhaps the Electronic Frontier Foundation or maybe another of the legal aid foundations, did not take up the case or do more to provide support to see the matter through given the important questions remaining to be litigated. I realize that the entire process was stressful and the decision of whether or not to settle must ultimately be hers and hers alone since she bears the burden of punishment if her case yields an unfavorable decision, but it is disappointing to see yet again the power of big money being used to prevent, or at least discourage, legal questions with substantial merit or public interest from being fully decided. Perhaps the courts need to increase the standing of the public at large, through groups like the EFF, to bring cases against the RIAA and its members when individuals cannot sustain the burden of long term litigation on important issues of copyright law to level the playing field with regard to copyright. I suppose that it might be possible, albeit risky, to setup a non-profit organization with honeypot computers in an attempt to tempt the RIAA into suing the non-profit organization, but they are unlikely to take the bait if they know the real purpose behind the organization.

    24. Re:So... by Harry+Balzack · · Score: 1

      I agree. If anyone has ever been a party to a lawsuit they know that being forced into close proximity of the law and lawyers, etc. is not much fun. I wouldn't wish upon my worst enemey the "joy" of having to give a deposition: unless I was suing him!

    25. Re:So... by Samizdata · · Score: 1

      Heck, I'd let NYCL date any one of my sisters and smile. (Of course, one of them IS a lawyer, but she's in estate planning, so she's cool)...

      --
      It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
    26. Re:So... by Crazyswedishguy · · Score: 1

      My understanding of this is that the odds of "winning" on the principle (proving the illegal activity) and recovering damages (in the order of $3 or even a multiple of damages, say x10) were in the RIAA's favor, but those of getting orders of magnitude more in damages were not.

      On the one hand, it seems to me that would have set a precedent in favor of the RIAA only insofar as they would have shown that Ms. Barker had illegally downloaded/shared copyrighted material.

      On the other hand, this would have set a precedent limiting the penalty to $3,500 (judging by Ms. Barker's answer) for every 1,000 songs illegally downloaded or shared.

      Had these precedents been set, it seems like they would have been overall positive for file sharers (right or wrong).
      My first question is: for this to happen now, will someone have to go through again all the steps Ms. Barker went through?

      Finally, if Ms. Barker's 3rd argument is valid, it seems to me that evidence was unlawfully procured and that it would be a much easier defense? Is this not the case?


      Sorry about asking all these questions, I could probably Google it, but I'm curious and don't have time to do my own research right now. Also, for the record, I am not criticizing Ms. Barker for her decision to settle as I understand that drawn-out litigation can take its toll on anyone.

      --
      This space up for sale.
    27. Re:So... by dosymedia · · Score: 3, Funny

      Yeah, but my mp3s fall through the holes if I don't put down a layer of cardboard on the bottom of the crate.

    28. Re:So... by Anonymous Coward · · Score: 0

      That's ok, the new milk crates are made of USB keys.

    29. Re:So... by Anonymous Coward · · Score: 0

      Stealing?
      http://www.uline.com/Browse_Listing_313.asp?searchedkeywords=milk%20crate

      Yeah, right. Next you'll be telling us she paid for all those music files she had on her computer. ;)

    30. Re:So... by FatdogHaiku · · Score: 1

      She'd better watch out, or the milk company will be after her for stealing their crates.

      Yup, in my state it's up to $250 per crate you possess. Gee, that means I have about $8000 in umm... "modular shelving units with convenient handles".

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    31. Re:So... by Anonymous Coward · · Score: 0

      Not to mention the imaginary property...

    32. Re:So... by Joebert · · Score: 1

      We've tried that, it just leads to people complaining about things being taken out of context.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    33. Re:So... by PCPackrat · · Score: 1

      If 6000 people send here a buck she can pay them off. Seems fair for coming up with the defense in the first place.

    34. Re:So... by NewYorkCountryLawyer · · Score: 4, Funny

      Heck, I'd let NYCL date any one of my sisters and smile.

      I'm surprised they leave that up to you.

      --
      Ray Beckerman +5 Insightful
    35. Re:So... by NewYorkCountryLawyer · · Score: 4, Informative

      for this to happen now, will someone have to go through again all the steps Ms. Barker went through?

      No, the 3 years was devoted to testing the sufficiency of the complaint. Another defendant might choose not to do that, and to just file an answer to the complaint, putting those issues on the front burner.

      --
      Ray Beckerman +5 Insightful
    36. Re:So... by Anonymous Coward · · Score: 0

      If those 6000 people used that buck to pay for the song they wanted, the RIAA wouldn't be suing anybody.

    37. Re:So... by Nefarious+Wheel · · Score: 1

      I remember being deposed several times on the same set of questions by both sides of a civil case, during a suit about an auto accident long long ago. I remember the kick I got out of being absolutely consistent on a couple of points. For example, it was very clear to me that it annoyed the deposers no end when I said the car in front and the car behind were simultaneous impacts, and never changed my story by so much as a single adverb (it's an honest account btw). Schadenfreude, I guess. Of course it was a little like having fun at gunpoint, but sometimes you have to take your humour where you find it.

      --
      Do not mock my vision of impractical footwear
    38. Re:So... by Nefarious+Wheel · · Score: 1

      Excessive quoting is going to fill up the tubes

      Please quote responsibly.

      Can I quote you on that? - Wait, Did I just do that? Rats.

      Hey, those are MY electrons. Give them back!

      --
      Do not mock my vision of impractical footwear
    39. Re:So... by jmbenjamin · · Score: 1

      This was marked as funny, but it really is true. 2 days ago I found a few milk crates of varying sizes sitting near a dumpster that I brought home and cleaned up. Sure enough, they don't fit ANY of my 12" vinyls.

    40. Re:So... by Anonymous Coward · · Score: 0

      excessive quoting is going to fill up the tubes

      Please quote responsibly.

      This!

    41. Re:So... by davolfman · · Score: 1

      "Edddiiiieee!!! I want half!"

    42. Re:So... by shmlco · · Score: 1

      "We had milk crates filled with albums..."

      Yeah, but odds are they weren't stolen albums.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    43. Re:So... by rdebath · · Score: 1

      Of course they would, this isn't about the millions who've already paid the RIAA (members), it's about those who can't prove that they've paid.

      Haven't you been reading; there's almost no merit to these cases even before you look at the vastly inflated damages claims.

    44. Re:So... by Anonymous Coward · · Score: 0

      "Can't prove they've paid"? Doesn't iTunes give you a receipt?

    45. Re:So... by JosKarith · · Score: 3, Funny

      responsibly

      There. Happy now?

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    46. Re:So... by L4t3r4lu5 · · Score: 1

      goodluckwiththat.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    47. Re:So... by hostyle · · Score: 0

      At one time as a student I had 100s of CDs, backed up as mp3s because its easier to play random songs on a PC that way. I was going to a party, where everyone was asked t bring along a few of their own CDs to be played. Someone pinched a load of those CDs and left early. I never got them back. How do I prove that I once owned those CDs ? I do not have receipts from college 5 plus years ago.

      --
      Caesar si viveret, ad remum dareris.
    48. Re:So... by Lookin4Trouble · · Score: 1

      Yes you can send me a check payable to "Ray Beckerman PC, As Attorneys", indicating that it's for Ms. Barker, and I will send it along to her.

      "Ch-Eck"? What is this "ch-eck" thing you speak of?

    49. Re:So... by Anonymous Coward · · Score: 0

      so lets get this straight. This woman was guilty as hell yes? She DID share the songs and did download them yes?
      Just so we can establish the facts here.
      Did she do it or not?

    50. Re:So... by NewYorkCountryLawyer · · Score: 3, Informative

      so lets get this straight. This woman was guilty as hell yes? She DID share the songs and did download them yes? Just so we can establish the facts here. Did she do it or not?

      Did you read her answer or not? Defendant admitted downloading copyrighted recordings without plaintiffs' authorization and she admitted that the songs were available to at least some other Kazaa members from her computer.

      --
      Ray Beckerman +5 Insightful
    51. Re:So... by Theoboley · · Score: 0

      It is printed right on the side of Milk Crates (at least the ones that were in my High School) That to use the milk crates for anything other than carrying milk is punishable by law. ::::This Just In:::: Barker goes to jail for unlawful misuse of milk crates, More at 11.

      --
      Stupidity only gets you so far, then you've gotta try
  3. Damn you by Anonymous Coward · · Score: 0

    I haven't seen the commercial yet, you insensitive, and off-topic, clod.

  4. So... by Lookin4Trouble · · Score: 5, Insightful

    Any chance we'll get some of the reasoning behind the settlement? I understand that taking these thugs to court is a heavy burden, but after fighting it so long, why give up now?

  5. It's a pity by Anonymous Coward · · Score: 0

    But I understand the reasons she settled.

  6. Milk Crates by Some+guy+named+Chris · · Score: 5, Interesting

    The funny thing is that the milk crates were almost certainly stolen and illegal for them to have as well.

    1. Re:Milk Crates by Lookin4Trouble · · Score: 1

      I believe she _really_ meant to say "RIAA-Approved Vinyl Album Protective Cases"

    2. Re:Milk Crates by snarfies · · Score: 4, Funny

      In Canada, music comes in milk crates.

    3. Re:Milk Crates by Anonymous Coward · · Score: 2, Funny

      In Canada, music comes in milk crates.

      In Soviet Canuckistan, milk comes in music crates!

    4. Re:Milk Crates by BrainInAJar · · Score: 2, Informative

      and milk comes in bags ( it does. )

    5. Re:Milk Crates by tristian_was_here · · Score: 1

      In Soviet Russia music crate owns you!

    6. Re:Milk Crates by darkmeridian · · Score: 1

      Yeah. All the milk crates I've ever seen said that they were the property of the milk company and should be returned to them.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    7. Re:Milk Crates by gnick · · Score: 5, Funny

      I've seen milk kept in bags, but it seems terribly inefficient. Sure, it keeps well, but how many people have the room to keep a 1-ton leather bag around just to dispense milk? Not to mention the maintenance and clean-up involved. Not for me - I'll just stick to my plastic jugs, thank you very much.

      (Not to mention I'm not sure I'd be able to restrain myself from just extracting milk. I'm told that, apart from the milk, those giant leather bags are mostly filled with meat!)

      --
      He's getting rather old, but he's a good mouse.
    8. Re:Milk Crates by be951 · · Score: 5, Funny

      In Canada, music comes in milk crates.

      Yeah, that's no problem. It's having your milk come in CD cases that's a bitch.

    9. Re:Milk Crates by elrous0 · · Score: 1

      In Australia everything is backwards. Crates come in milk cartons.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    10. Re:Milk Crates by Anonymous Coward · · Score: 0

      Plastic bag are malleable and disposable.(the kind of plastic they use in not recyclable) When you put the bag in a pot it take the form of the container automagically.

      don't go full retard

    11. Re:Milk Crates by MiniMike · · Score: 1

      No! Milk crates want to be free! Or was that cows? Now I'm more confused...

    12. Re:Milk Crates by atari2600 · · Score: 1

      Plastic jugs you say? I'd have settled for silicone but this plastic of yours has me curious.

    13. Re:Milk Crates by Anonymous Coward · · Score: 0

      Does anybody else hear that whooshing sound?

    14. Re:Milk Crates by jimicus · · Score: 1

      whoosh.

    15. Re:Milk Crates by A+nonymous+Coward · · Score: 1

      don't go full retard

      Too late for you! Whoosh!

    16. Re:Milk Crates by gnick · · Score: 1

      Unfortunately, I can't afford to play with the silicone jugs. But my girlfriend, when properly inflated, is fairly well-endowed. For some of us, it's plastic or nothing.

      --
      He's getting rather old, but he's a good mouse.
    17. Re:Milk Crates by Miseph · · Score: 2, Informative

      It also comes in boxes. And if you're REALLY lucky and in a country where refrigeration is just becoming widespread so theequipment is still somewhat expensive and difficult to find, it even sits out on a shelf.

      It honestly took me three days to figure out where the fuck Costa Rican grocery stores keep the milk.

      --
      Try not to take me more seriously than I take myself.
    18. Re:Milk Crates by Anonymous Coward · · Score: 0

      and in Soviet Russia milk comes in music crates...

      (yeah, sorry)

    19. Re:Milk Crates by c · · Score: 1

      > It's having your milk come in CD cases that's a bitch.

      Amen. It's bad enough getting the shrink wrap off one of those fucking things. You need to open eight of them just to wet your Cheerios!

      c.

      --
      Log in or piss off.
  7. Milk Crates by Anonymous Coward · · Score: 2, Funny

    I bet she stole the milk crates too.

  8. Killing music for everyone by Anonymous Coward · · Score: 5, Insightful

    "We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music."

    That's so sad but so true. I guess the truth is I don't listen to mainstream music anymore. It's kinda something I don't want anything to do with and the greedy record companies are the reason. The RIAA have turned what should be a cultural commodity and property of the people into a liability. Fuck the RIAA and everybody associated with them.

    1. Re:Killing music for everyone by AP31R0N · · Score: 4, Funny

      But how will artists make a living if everyone is stealing music?!?! Have we learned nothing from the death of Kid Rock?

      http://www.theonion.com/content/node/28467

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    2. Re:Killing music for everyone by ScrewMaster · · Score: 1

      The last Compact Disc I bought from a music store was in (if I remember correctly) 1984. That was when I started getting interested in the media industry, and began to understand what a bunch of really bad people run it.

      I have bought music online, sure, but never from any source affiliated with the major labels. Sometimes I'll pick up a used CD or two, but I figure somebody else already paid the RIAA tax on it, and if nothing else the labels aren't getting any more money. I don't agree with their business methods, I don't like the way they treat their suppliers (the artists) and I don't agree with what they have done to our legal system. I still like music, and it doesn't take much effort to find it and make sure my money doesn't go to the wrong people.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Killing music for everyone by Overly+Critical+Guy · · Score: 0, Troll

      Yeah, they're so "greedy" for wanting to get paid for their music. The nerve!

      The RIAA have turned what should be a cultural commodity and property of the people into a liability. Fuck the RIAA and everybody associated with them.

      "Cultural commodity." I guess that's the latest pro-piracy propaganda used to justify not paying artists for their work I'm assuming if you ever work a job and your boss doesn't give you a paycheck you because he calls your work a "property of the people," you'll be fine with it.

      Rules of Slashdot:

      1.) An albums is a "cultural commodity" instead of what it actually is, a product created by humans put up for sale to make a living.
      2.) The RIAA is a convenient scapegoat to distract everyone and make them forget you're ripping off the humans who made the music.
      3.) If anyone brings up the artists you're ripping off, start into the usual spiel about how artists are the oppressed victims of their evil record labels even though artists willingly signed their contracts with those labels. Record labels distribute and advertise your music so that you can make a living off of it.

      --
      "Sufferin' succotash."
    4. Re:Killing music for everyone by ScentCone · · Score: 1, Interesting

      what should be a cultural commodity and property of the people

      So why aren't you forming organizations to elect people who promise that once they're in congress they'll pass bills forming a Department Of Entertainment that employees these people and which distributes their work? I mean, if these people and their work are going to be public property, you're going to need a nice solid bureaucracy to keep them working right. Of course, every four years, a new Secretary Of Music will need to be appointed and approved, which means that a years-long recording effort that no longer fits the new administration's taste in music will have to be abandoned in favor of something else. We certainly can't have a bunch of artists running around deciding for themselves whether or not to risk their time and money on something that won't be appreciated... no, it's better to have the government say what we enjoy.

      I mean, it's working in North Korea. Centrally managed culture is awesome. Of course, next year, we'll have to see who's in charge of the culture, since the word "awesome" may have to be swapped out with "swell" or "da bomb" or something, depending on who gets elected.

      You're certainly on to something, though. Artists should definitely be working for the state. And if they don't like it, I'm sure we have some openings in mining or seasonal farm labor. History's full of great examples of how to manage that sort of thing. Why, we could even form arist's "camps," where we could concentrate them for the best results! Excellent suggestion, citizen! No doubt our noble artists are rejoicing even now at the chance to be your property!

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re:Killing music for everyone by aztracker1 · · Score: 4, Informative

      Honestly, when Napster v1 went down, I really stopped buying music for the most part... before then, I bought probably 2-3 CDs a week. since, I've bought maybe 5-6 now... Why, I was able to find new music based on what was available from those that had music I liked... if I liked something, I bought it... Since then, I've tried last.fm and a few other sites/services... it just seems to be like a lot of the earlier systems worked better for finding stuff I'd like.

      If I could actually listen to a whole album before buying, that would go a long way for me.. even if it's a checked flash audio stream, or something... I just don't like buying blind. My wife buys a lot of her music via ITMS, I make sure she burns/re-rips what was drm'd ... I just don't get the logic behind a lot of this.. the RIAA and MPAA both...

      "You wouldn't steal a car..." No, I wouldn't.. but if a friend asked, "Hey I got a new (insert cool car here), want me to burn you a copy?" I might think about it.

      --
      Michael J. Ryan - tracker1.info
    6. Re:Killing music for everyone by hiryuu · · Score: 2, Interesting

      That's so sad but so true. I guess the truth is I don't listen to mainstream music anymore. It's kinda something I don't want anything to do with and the greedy record companies are the reason.

      I'm in a similar boat. My tastes were already leading me away from the major labels years ago, and a year or so ago I decided that my principles were demanding a complete halt to RIAA-member produced media. With the help of RIAA Radar, as well as just plain payin' attention, I've been able to make sure that anything that catches my eye isn't on the "bad" list. My main avenues for exposure are concerts and clubs, as well as just skimming bands' websites and pages on sites like MySpace and ReverbNation to find other bands connected to them.

      The result? I have about 15-20 bands I try to keep up with and see when they tour through the Midwest, and pick up their CDs from the shows or order from their websites. This gives me enough new music to keep me going, and I'm typically adding another band to that list every couple of months.

      There's always a little bit of a crestfallen moment when a band I really like announces on their blog that they've signed a deal with [insert major label name here], because as much as I want to keep supporting them, I don't want to contribute to feeding the beast, so to speak. I wish them the best, but since they'd end up with little/none of my money even if I were to buy their RIAA-produced CD, better it stays in my pockets than going to the major label.

      --
      Karma: Excellent, but still won't get you laid.
    7. Re:Killing music for everyone by RobertM1968 · · Score: 1

      The last Compact Disc I bought from a music store was in (if I remember correctly) 1984. That was when I started getting interested in the media industry, and began to understand what a bunch of really bad people run it.

      You may not be remembering correctly. Maybe you meant 1994? The first CD player came out in the very end of 1982 (October) - the Sony CDP-101, and (according to sources online) started selling in 1983. There weren't many CDs to buy back in 1984.

    8. Re:Killing music for everyone by Reziac · · Score: 4, Insightful

      I don't have any problem with buying music straight from the artist, and have done so when one catches my ear to the point that I wish to own a copy of their music. And when I do that, the artist gets paid in full for the fruit of their labours (less whatever they paid some private production studio).

      However, it distresses me to buy the same product from an RIAA affiliate, because in that case, the artist gets reamed up the ass -- usually they wind up not even owning their own work, and are paid very little (or sometimes not at all) relative to the production/distribution company's profits.

      http://www.negativland.com/albini.html

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    9. Re:Killing music for everyone by mangu · · Score: 2, Insightful

      I guess you're just trolling, but OK, I'll bite:

      "Cultural commodity." I guess that's the latest pro-piracy propaganda used to justify not paying artists for their work

      In economics language, a "commodity" is a product put up for sale to make a living. Usually, the word is reserved for products that are totally exchangeable, without different categories which could have different prices. In this respect, a music album would not be a commodity, but an argument could be made that contemporary popular music is more or less exchangeable.

      Calling something a "commodity" does not mean one is claiming that it is free for anyone to grab. Gold, for instance, is a commodity.

      However, one could claim that the way the RIAA handles the music trade resembles the way another cartel has handled the diamond market. Their contempt for ethics do not contribute to making them loved by the public, so the verbal attacks on them are perfectly understandable.

    10. Re:Killing music for everyone by Anonymous Coward · · Score: 1, Interesting

      I'm not the original AC. I don't use phrases like "Cultural commodity."

      "justify not paying artists"
      I have no problem paying artist, being a classically trained violinist. I do have an issue with paying the middle men huge fees for little service, and funding their legal "war chest" so they sue otherwise upstand citizens into the ground for "stealing music."

      I'll admit that it is in the interest of artists to sign with labels for distribution, and that signed artists make a lot more money in royalties on average. It doesn't, however, change the fact that turning lawsuits into profit strategy is an abuse of the legal system. The methods the RIAA's Media Sentry uses to catch pirates is unconstitutional and DDOS-ing a perfectly legal and upstanding campany is completely illegal.

      So, as it stands:
      1. Yes, "cultural commodity" just sounds like: "The music wants to be free man...." to me too, and is just silly.
      2. RIAA is horrible association with unethical and illegal methods; and is the main party being harmed by copyright infringers (not pirates, they are in the oceans and raid ships; not music theives, they steal and legal speaking copyright law and property theft laws are [as they should be] completely different animals)
      3. The artists may or may not be "being ripped off" depending on if the RIAA's argument or slashdot argument about buying trends is correct.

      Personally, I think if DRM, buying physical media with content and bad behavior of the industry were to come to an end and prices for music would become reasonable then copyright infringement from the major labels would drastically fall off.

      I haven't bought a CD in a very long time, nor have I illegally downloaded music for a very, very long time. I'm not going to engage in illegal copying, but neither am I going to fund the assault and abuse of the system we are currently seeing.

      Copyright is necessary to promote the progress of arts and useful sciences, but the current system is broken. Terms are too long, and currently serves not to protect innovation but to stifle it. I don't know what the solution is, but this is one area where legislators and the citizens need to begin working to find a solution.

    11. Re:Killing music for everyone by ScrewMaster · · Score: 1

      I didn't say it was the first disc, I said it was the last. I decided not to buy any more new music from the big labels. Since I was a kid I'd always been happy buying used records, so I kept up that policy when it came to compact discs.

      --
      The higher the technology, the sharper that two-edged sword.
    12. Re:Killing music for everyone by R2.0 · · Score: 4, Interesting

      Bzzzzt - wrong answer.

      You are using the word "album", but what you really mean is "music". And in the natural order of things there is simply no way to "sell" music - once it's sung once, anyone with a good memory can sing it again. Sure, you can charge for performances, and you can charge for the physical media, but the idea that you can charge for what is essentially a thought or an idea is a wholly artificial construct.

      Copyright law was supposed to be an enormous social contract - the people, in the form of the Government, promised not to copy an artists work for a limited period of time, after which the work reverts back to it's natural state - which is to say, free of all legal encumbrance.

      IP companies have perverted this process, starting with the Berne convention (I'm looking at you, Europe) to where creative works NEVER enter the public domain. They did this by legal encumbrances of the physical media involved. But now throw in a new wrinkle - it is possible to transmit the idea or though as information itself, with no media. So teh IP companies now are trying to regulate disembodied information, which is proving to be impossible.

      I especially love your #3: "Record labels distribute and advertise your music so that you can make a living off of it." Are you serious? They distribute your music so THEY can make a living, not the artist. Prior to the advent of copyright, artists made their living for thousands of years in the same way - pay for performance.
      - Ogg is a particularly good cave painter. Ugh just finished a legendary hunt. So Ogg paints the tale on the wall, and Ugh gives him some food. END OF TRANSACTION.

      - The Pope wants a mural on the ceiling of the Sistine Chapel. Michaelangelo paints it, and gets paid. END OF TRANSACTION.

      - A balladeer sings his songs in a tavern. The tavern keeper comps his room, because people come to hear the music. The drunks throw change in his hat. END OF TRANSACTION.

      Is file sharing illegal? I believe it is.
      Are most file sharers doing it because they are cheap and not out of civil disobedience? Absolutely.

      But neither of those facts takes away from the reality that copyright, as we know it, is dying.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    13. Re:Killing music for everyone by unixfan · · Score: 1

      Yeah, they ARE so greedy to get paid for someone elses music, whom they ripped off in the first place.

      Not to condone stealing at any level, but RIAA are more criminal in their ripping the artists off. You should read one of these contracts.

      Or take a look at the movie industry. If you live in greater Los Angeles and you go to the bank to borrow money to make a movie you will NOT get it without a contract with one of the big studios. THAT contract in turn reads similar to the record labels which says handy little things like, I can charge for any expense, real or imagined, over and over, if I only show it once. (The bank will even tell you that they are willing to give you the money if you want it for something else!)

      Guess why going on tour in spite of being so hard on everyone, is done at length? It's the only way a musician can make money. Unless you are really a big ticket.

      No, the RIAA should be run out of business and be replaced with something that actually have musicians interests at heart. Though, basically being criminals themselves they are busy doing it to themselves already.

    14. Re:Killing music for everyone by nsayer · · Score: 1

      Yeah, they're so "greedy" for wanting to get paid for their music. The nerve!

      Depends on who you mean by "they're" and "their."

    15. Re:Killing music for everyone by ProteusQ · · Score: 5, Interesting

      1.) No one is obliged to buy an item that is overpriced. In fact, an underground economy cannot exist without either rationing or artificially high price floors. Since we don't have rationing in this case, it follows that the price of music media is too high given the current market. If you really want to make a sale, remember the adage: "If a customer wants to give you money, you let them." Customers have spoken with their wallets and said, "Let us download good, DRM-free content." The RIAA has enforced the media industries' stance that such sales will be considered piracy. But the term "piracy" has lost it historical meaning, since now it is no longer the case that 1 pirate sale equals 1 lost sale in the legitimate market. Someone who downloaded the entire Beatles catalog will still buy paraphernalia. It does mean that the market has shifted such that a good song is now a vehicle for concert attendance, t-shirts, posters, etc., rather than a source of income in and of itself. This is a much better arrangement from the consumer's POV compared to 20 years ago, when it was likely that a $15 CD with 11 songs would contain 2 worth listening to. And in a market driven economy, what's good for the consumer generally wins out in the end.

      2.) If humans want to make a profit, they have to make a product that others want to buy at prices that reflect the current market. If I choose to sell a decent graphic novel of my own creation for $100 per issue, I shouldn't be surprised when I find it for free on the Internet. $100 is too high for a graphic novel by any stretch, and I didn't offer it in the media my customers' wanted. The tack you would seem to advocate is to sue my customers because they've broken the law. True, but if I want to stay in business, it might not hurt to try offering the issues for free on the net and then selling paper editions: regular for $10, deluxe for $100. The market will then dictate what to do next. Humans tend to upgrade their stuff based on their incomes, be it better editions, DVD's, or concert attendance of their favorite artists, so with my model, good content will still generate a profit.

      3.) Content creators are not owed a profit by their customers or by their management. They have to earn it based on what they have to offer and what the public is willing to pay for. Offer what the customer wants at a price the market reflects, and profit generally occurs. Doing otherwise, especially suing customers, shows short-sightedness, greed, and egotism.

      It comes down to this: do you want to make a profit in this market or not? This market is not the market of 20 years ago, and no amount of name-calling or foot-stamping will change that. It's no longer possible to have a millionaire lifestyle through royalties off of one song written in 1960. If your customers want music for free, remember that they buy tickets, t-shirts, coffee mugs, posters, and subscribe to a web site in order to be the first to download the latest album.

    16. Re:Killing music for everyone by Yvan256 · · Score: 2, Interesting

      Copyright law was supposed to be an enormous social contract - the people, in the form of the Government, promised not to copy an artists work for a limited period of time, after which the work reverts back to it's natural state - which is to say, free of all legal encumbrance.

      IP companies have perverted this process, starting with the Berne convention (I'm looking at you, Europe) to where creative works NEVER enter the public domain. They did this by legal encumbrances of the physical media involved. But now throw in a new wrinkle - it is possible to transmit the idea or though as information itself, with no media. So teh IP companies now are trying to regulate disembodied information, which is proving to be impossible.

      Can you PLEASE write the same two paragraphs in every music/RIAA/etc related thread? Because it seems a lot of people don't know this.

    17. Re:Killing music for everyone by Clever7Devil · · Score: 4, Insightful

      When am I going to get a (-1 Astroturf) moderation choice?

      Defending the RIAA is worse than working directly for them. At least their employees have big piles of money to sate their burning consciences.

      I'm all for artists making money for their work. This is one of the best reasons to be anti-RIAA. Besides raping record sales for the majority of the profits, they are pursuing a broken business model by throwing more of their members' money at it. DRM, lawsuits, propaganda, legislation, buying politicians: these are the death knells of a business. See: SCO.

      --
      "By the time they had diminished from 50 to 8, the other dwarves began to suspect 'Hungry.'" -Gary Larson
    18. Re:Killing music for everyone by jedidiah · · Score: 1

      > Yeah, they're so "greedy" for wanting to get paid for their music. The nerve!

      If it's a moldy old Journey song that may very well be older than you then yeah...

      It's "greedy". Not only is it "greedy" but it's violating the social
      contract that allowed those crufty old bands to become successful to
      begin with. They are failing to "pay it forward".

      The geezers of rock need to step aside and let the new generation create without fear of bogus lawsuits.

      Individual consumers getting caught in the crossfire is merely a sideshow.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    19. Re:Killing music for everyone by jedidiah · · Score: 1

      Yes Lars this means you.

      If you decide to throw a hissy fit and make a public spectacle of yourself
      and demonstrate yourself to be the biggest ass since the beginning of time
      and even more crass then Gene Simmons then fans will likely turn off.

      This also goes for playing new material that sounds as if you four have
      never it played together in the same room/stage before.

      Lars knows what I mean...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    20. Re:Killing music for everyone by wharlie · · Score: 1

      OMG I download his song. I feel so guilty. And ashamed.

    21. Re:Killing music for everyone by Intron · · Score: 1

      Buying a used CD is theft. The EULA licenses the music to be listened to only by the original purchaser and this license is not transferable.

      Also, we have reports that some of you have been listening to old mono recordings with both ears. You're next.

      --
      Intron: the portion of DNA which expresses nothing useful.
    22. Re:Killing music for everyone by Emperor+Zombie · · Score: 1

      I wish I had mod points, because this is spot on. The problem isn't piracy, the problem is that organizations like the RIAA would rather sue everybody instead of investigating ways to compete with piracy.

      The truth these organizations don't want to acknowledge is that piracy will never go away, no matter how many people you sue, or how many anti-piracy ad campaigns you run. The way to succeed isn't to prevent people from pirating media, but to make them want to pay for it. It is necessary to stop thinking of pirates as criminals, and start thinking of them as competitors.

      --
      I'm so excited I just made water in my pantaloons!
    23. Re:Killing music for everyone by b4dc0d3r · · Score: 1

      You might not listen to music any more, but they keep making 7th graders.

    24. Re:Killing music for everyone by Anonymous Coward · · Score: 0

      For the benefit of English speakers, what does "swear off music" mean?

    25. Re:Killing music for everyone by ari_j · · Score: 1

      Cause you start out stealing songs
      Then you're robbing liquor stores
      And selling crack
      And running over school kids with your car

      -- Weird Al

      Hard to argue with that.

    26. Re:Killing music for everyone by Paradise+Pete · · Score: 1

      There weren't many CDs to buy back in 1984.

      There were enough. That's when I bought my first CD. It was one of those things where once you've bought the player you're almost compelled to buy whatever came out on CD. My first was Tropico, by Pat Benetar.

    27. Re:Killing music for everyone by spire3661 · · Score: 1

      Why is it ok for the industry to bend the law, but not consumers? The industry pushes one way, we counter, its called capitalism. If you really think companies play by moralistic rules then you are naive. "Piracy is ethically no different then employing illegal tactics to protect your market." See i can make up silly little sayings too.

      --
      Good-bye
    28. Re:Killing music for everyone by Mesa+MIke · · Score: 1

      For the dictionary impaired, to "swear off" of something means to (at least intend to) never have anything to do with that something any more.

       

    29. Re:Killing music for everyone by Anonymous Coward · · Score: 0

      ..I'm assuming if you ever work a job and your boss doesn't give you a paycheck you because he calls your work a "property of the people," you'll be fine with it.

      Are you saying artists are 'work for hire'? That's a refreshingly honest stance for Slashdot's foremost RIAA apologist.

    30. Re:Killing music for everyone by edalytical · · Score: 2, Funny

      Kid Rock is dead? Please tell me Eminem was involved and it was a murder suicide.

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    31. Re:Killing music for everyone by Firehed · · Score: 1

      So what you're saying is that you've been buying used CDs since ~1984.

      --
      How are sites slashdotted when nobody reads TFAs?
    32. Re:Killing music for everyone by Arterion · · Score: 2, Interesting

      I think it's a problem bigger than that. People want to make money forever off work they've done once. It's not really any different than investments. It's the idea of "letting your money work for you". It's all only possible through bad laws and economic practices.

      Indeed, many record companies probably only consider their artists to be investments. And so, the shareholders of the companies profit while they sit back and (probably) just enjoy the good life.

      Really, they're the ones we should be angry with. They're the ones demanding more profits. They're the ones who fund all the lobbying of congress, for laws that allow them to maintain their ways of life. It's the rich bastards of the world (which includes most elected officials).

      I think file sharing proves that society, in general, disagrees with the idea of letting your money work for you. If people felt like they were causing others to starve, they might think twice. But they know all they're doing is MAYBE causing rich bastards to be slightly less rich. I know I don't shed any tears over it, and I think it's social justice.

      I think it's completely legitimate to think, "I work hard every week. These people live way better than I do. Why should I give them my money, if I can find a way not to?" I think that's the thought a lot of people have when they pirate music.

      If we could really get to END OF TRANSACTION, I think we'd all be a lot better off.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    33. Re:Killing music for everyone by obeythefist · · Score: 1

      DRM, lawsuits, propaganda, legislation, buying politicians: these are the death knells of a business.

      I thought that was the recipe for success! Because all the successful businesses do it...

      --
      I am government man, come from the government. The government has sent me. -- G.I.R.
    34. Re:Killing music for everyone by Brain+Damaged+Bogan · · Score: 1

      "2.) The RIAA is a convenient scapegoat to distract everyone and make them forget you're ripping off the humans who made the music." because the RIAA never tried to rip off a musician before...

      --
      -- Sex is the antonym of pringles. Once you pop it's time to stop.
    35. Re:Killing music for everyone by ScrewMaster · · Score: 2, Interesting

      Yeah, pretty much. Or the library. I'll also buy discs directly from musicians (say, at a concert, or online.) Just don't want to give big music my money.

      --
      The higher the technology, the sharper that two-edged sword.
    36. Re:Killing music for everyone by Anonymous Coward · · Score: 0

      Try Rhapsody. You can listen to the songs full-length before buying.

      And, when you buy, it's unencumbered. Full MP3s.

      Now, I'm not sure how many titles they have, but they appear to have a lot. ;)

    37. Re:Killing music for everyone by Nefarious+Wheel · · Score: 1

      "You wouldn't steal a car..." No, I wouldn't.. but if a friend asked, "Hey I got a new (insert cool car here), want me to burn you a copy?" I might think about it.

      Not an impossible technology direction. Look up "material deposition" or "fabbers" that are effectively 3-dimensional printers (Ennex is one firm I remember with a web site) used in building complex prototypes used for manufacturing. Then slide the thumb widget that makes the calendar pages fly until we transition from Anno Domini to Star Date.

      We can make very complex parts this way today, and some fairly complex machines are possible using this technique. Having a friend lend you a copy of a whole-car file may just be possible in the forseeable future.

      Of course, it might also net you a lawsuit from the AIAA as well. Your mileage may vary.

      --
      Do not mock my vision of impractical footwear
    38. Re:Killing music for everyone by Raenex · · Score: 1

      Sure, you can charge for performances, and you can charge for the physical media, but the idea that you can charge for what is essentially a thought or an idea is a wholly artificial construct.

      Yes, it is, but that's copyright, trademarks, and patents. There are a lot of "wholly artificial constructs" that we, as a society, live by.

      But now throw in a new wrinkle - it is possible to transmit the idea or though as information itself, with no media.

      There is always some media involved, whether it's a hard drive or flying across a network. The only thing different that it is easier to share, but you could always copy tapes and such. Now you are just copying bits.

      Prior to the advent of copyright, artists made their living for thousands of years in the same way - pay for performance.

      Doesn't help musicians who write music that isn't easy to perform live. Doesn't help people who write books. Doesn't help people who spend millions to make movies. Doesn't help people who write software.

      Is file sharing illegal? I believe it is.
      Are most file sharers doing it because they are cheap and not out of civil disobedience? Absolutely.

      That was his main point, and for that he got labeled an astroturfer. I mean, how dare somebody hold an unpopular opinion. The masses want their free music, and will foam at the mouth and shriek indignantly if you challenge them on it.

      But neither of those facts takes away from the reality that copyright, as we know it, is dying.

      So is privacy. Do you want to just shrug your shoulders? Do you want companies selling your medical information to whoever wants it? Do you think privacy laws are just a waste of time?

      Maybe it's time for a Brave New World. No information laws -- including intellectual property, spam, hacking, privacy, libel, fraud, you name it. Just don't physically harm somebody and you are following the law.

    39. Re:Killing music for everyone by The_reformant · · Score: 2, Insightful

      I dont own any of the code I write at my day job and I certianly dont get recurring royalties from it.

      --
      I have discovered a truly remarkable sig which this post is too small to contain.
    40. Re:Killing music for everyone by wild_berry · · Score: 1

      It means what the literal sense of the words provide (I suspect you've parsed it wrong): "I swear that I've been turned off from music".

    41. Re:Killing music for everyone by shutdown+-p+now · · Score: 1

      Copyright law was supposed to be an enormous social contract - the people, in the form of the Government, promised not to copy an artists work for a limited period of time, after which the work reverts back to it's natural state - which is to say, free of all legal encumbrance. IP companies have perverted this process, starting with the Berne convention (I'm looking at you, Europe) to where creative works NEVER enter the public domain.

      Europe did that because in Europe, copyright was never a social contract. This interpretation of copyright is in fact unique to the US; in Europe, it's rather backed by the concept of "inalienable rights of the author".

    42. Re:Killing music for everyone by NewYorkCountryLawyer · · Score: 3, Insightful

      I dont own any of the code I write at my day job and I certianly dont get recurring royalties from it.

      Yeah but you get a salary. They don't.

      Slight difference.

      --
      Ray Beckerman +5 Insightful
    43. Re:Killing music for everyone by Anonymous Coward · · Score: 0

      http://last.fm

    44. Re:Killing music for everyone by Anonymous Coward · · Score: 0

      "I don't listen to mainstream music anymore"

      That's called becoming an old fart.

    45. Re:Killing music for everyone by rootooftheworld · · Score: 0

      What do you have against eminem? *lock-'n-load*

      --
      I know full well that tobacco is bad for you, so I smoke weed with crack
  9. Oh well. by Aphoxema · · Score: 1

    I bet the whole court thing isn't easy at all, all the stress over something that's gotten so ridiculous. I hope she finds some relief in the settlement, but it would have been really nice to have another person fighting back.

    She could'a been'a contenda'!

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    1. Re:Oh well. by NewYorkCountryLawyer · · Score: 5, Informative

      I bet the whole court thing isn't easy at all, all the stress over something that's gotten so ridiculous. I hope she finds some relief in the settlement, but it would have been really nice to have another person fighting back. She could'a been'a contenda'!

      She was more than a contender; she actually won the fight. She just decided to pass on a rematch, but in my book she goes out a champion.

      --
      Ray Beckerman +5 Insightful
    2. Re:Oh well. by Aphoxema · · Score: 1

      Oh, good. I'm so happy and stuck in my little life that I'd be wrecked at the thought at something like this, I'm already in debt and I have student loans out. I don't think I could handle taking it to court.

      Of course, I don't share any music or movies, my wireless is secure, and I'm the only one who uses my computer.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  10. $110 per month for 24 months by flyingfsck · · Score: 1

    Not a lot of money, but much better than wasting more time in court.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:$110 per month for 24 months by Lookin4Trouble · · Score: 1

      Actually $110 per month for 55 months...

    2. Re:$110 per month for 24 months by strelitsa · · Score: 2, Interesting

      And if the mail runs late or she misses a payment or she bounces a check, she's on the hook for double (over $12,000.00) the settlement amount.

      --
      No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    3. Re:$110 per month for 24 months by NewYorkCountryLawyer · · Score: 5, Informative

      And if the mail runs late or she misses a payment or she bounces a check, she's on the hook for double (over $12,000.00) the settlement amount

      Minus any payments received. And only if they give her written notice, and she fails to cure.

      --
      Ray Beckerman +5 Insightful
    4. Re:$110 per month for 24 months by Reziac · · Score: 1

      On that note, my mortgage bank does something stupid if a payment is late. You get this phone call that says, I quote, "Please hold for important information about your account" then it puts you on hold for a LONG time with NO clue who the call is from. Since this is exactly the same as you get from the "sell you another credit card" telemarketers, how do they expect anyone to wait around to find out what the call is about?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:$110 per month for 24 months by jedidiah · · Score: 1

      Sometimes you wonder if the mortgage lenders aren't out to
      completely destroy the American economy. They seem to be
      doing their best to ensure that everyone defaults. If you
      have a problem of any sort their first level drones are
      worthless and it's very difficult to find a "real person".
      No one seems to care if loans go into default for completely
      avoidable reasons.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:$110 per month for 24 months by ZorbaTHut · · Score: 2, Interesting

      I had a student loan a while back - one of those "We'll give you a real awesome interest rate, but if you're ever late on a payment, we'll jack it up hugely! Also, no payments until a year after you get out of school!" So I did some school and pretty much forgot about the payment.

      Guess whether they gave me any warning that my payments were about to start. Nope! First thing I got from them in two years was a letter saying "Well, you were late on this payment - guess your interest rates triple now! Sucks to be you."

      Luckily, I had enough money to just pay the entire thing off in cash, and I wasn't dumb enough to sign up for a full-interest-up-front loan. But, yeah - it was pretty clear their goal was to avoid warning me about that payment in any way, just so they could raise the rate as quickly as possible.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    7. Re:$110 per month for 24 months by Jherek+Carnelian · · Score: 1

      No one seems to care if loans go into default for completely
      avoidable reasons.

      Listen to this if you want to understand what's going on with mortgage lenders.

      In short, the companies that hold the mortgages don't hold the entire mortgage. Thousands of mortgages are bundled into a CDO and then companies buy shares of the CDO. Thus there is effectively no one who both (a) cares about the status of the loan and (b) has the authority to take any action to fix problems. There are plenty of people who are either (a) or (b) but just about nobody who is both (a) and (b).

    8. Re:$110 per month for 24 months by Myopic · · Score: 1

      Don't leave us hanging, tell us who the company was!

      I consolidated with Nelnet. Their achilles heel was their terrible website, but they recently got a new, very good website. Overall, I have been satisfied.

    9. Re:$110 per month for 24 months by ZorbaTHut · · Score: 1

      It was years ago, and I honestly couldn't tell you which one now. I'm pretty sure the only evidence I have that it ever happened is an entry in my credit report and some papers in the bottom of my documentation basket :)

      All I can say is, make sure your loaner will let you pay it off without paying massive amounts extra in interest. As long as you can do that, you're reasonably safe.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    10. Re:$110 per month for 24 months by Reziac · · Score: 1

      Normally my bank (WaMu) is good about stuff, but this was just plain stupid... if you want the customer's attention, don't sound like a phone spammer! Anyway:

      Credit card accounts (like mortgages) are frequently sold to some other bank, and altho they're supposed to inform you of any policy changes, sometimes they don't. This happened about 10 years ago:

      My VISA card had been with the same bank for over 15 years, and life was good. One day the account was sold to PNC Bank. Now, PNC used a 3rd party billing service (whose name I forget) that had a *policy* of sending statements so late that you could not possibly pay on time, then PNC would jack up your interest rate... and wouldn't provide the legally-required notice when they raised your interest rate, either. (One wonders about the kickbacks to, or chain of ownership for the billing service.)

      That happened to me. I had to call PNC and whine several months in a row to get the late fees and higher interest rescinded, after their bill didn't even get MAILED (per the clearly visible postmark!) until AFTER the due date!

      And then one day I noticed that in addition to mailing the statement late, they'd sneaked a higher interest rate on me (I hadn't paid much attention because I wasn't carrying a big balance) ... and I didn't get the notice about that til 6 months later. Which letter they had foolishly dated long after the interest hike that the letter was supposedly to notify me about. This is illegal.

      I called PNC one last time, raised hell til I got a supervisor, explained that I had hard evidence of PNC's wrongdoing, and uttered the magic words, "CALIFORNIA BANKING COMMISSION". While I didn't get any satisfaction from PNC's supervisor, my interest rate mysteriously went back down where it belonged, and my statements miraculously started arriving on time.

      A few months later (by which time my account had been sold to MBNA, whose service was *impeccable*) both 60 Minutes and 20-20 ran exposes on this particular 3rd party billing service and the banks that used them for the exact purpose of ... ta-da!! making sure people couldn't pay on time, so they'd get dinged late fees and interest hikes (which many people don't notice for several months, ie. free money for the bank!)

      So, yeah, the lending industry is crooked, and not just for student loans. D'oh!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    11. Re:$110 per month for 24 months by timftbf · · Score: 1

      I do have to wonder what is with all this waiting for paper bills to arrive in the post, and then waiting for a cheque to go back in the post? On-line statements, on-line banking has been the obvious answer for years, and telephone banking for years before that. That, and keeping decent records - if you *know* what your balance is, you can pay it on the statement date (not the due date) without any need for a statement.

  11. $6050 paid over 55 months. by Vellmont · · Score: 5, Informative

    That about sums it up. After a lengthy court battle the RIAA settled for what I'd guess is a few hours of lawyers fees. Essentially the RIAA figured they couldn't win and decided to pack it up in fear the arguments against them would be ruled valid.

    --
    AccountKiller
    1. Re:$6050 paid over 55 months. by TubeSteak · · Score: 1

      That about sums it up. After a lengthy court battle the RIAA settled for what I'd guess is a few hours of lawyers fees. Essentially the RIAA figured they couldn't win and decided to pack it up in fear the arguments against them would be ruled valid.

      Indeed.

      Winning any one of her legal arguments would have been worth far more than $6050 to American society. IMO, the RIAA got off the hook for peanuts.

      With all this talk of passing the torch, whose case is the one we should now be watching?
      It isn't everyday that a test case shows up with a credible & sympathetic defendant.

      --
      [Fuck Beta]
      o0t!
    2. Re:$6050 paid over 55 months. by Firehed · · Score: 1

      Essentially the RIAA figured they couldn't win and decided to pack it up in fear the arguments against them would be ruled valid.

      Shouldn't them backing out like that count just as much against them as losing outright? Talk about abuse of the legal system...

      --
      How are sites slashdotted when nobody reads TFAs?
    3. Re:$6050 paid over 55 months. by NewYorkCountryLawyer · · Score: 2, Informative

      With all this talk of passing the torch, whose case is the one we should now be watching?

      You never know, sometimes they sneak up on you, but some that bear watching are
      UMG v. Lindor
      Lava v. Amurao
      Capitol v. Thomas
      Andersen v. Atlantic
      Atlantic v. Boyer
      Arista v. Does 1-17
      Atlantic v. Does 1-27
      Elektra v. Doe and
      Arista v. Does 1-21 (case files here),
      but there are others too. Too many to mention.

      --
      Ray Beckerman +5 Insightful
    4. Re:$6050 paid over 55 months. by Raenex · · Score: 1

      Shouldn't them backing out like that count just as much against them as losing outright? Talk about abuse of the legal system...

      They won. The case was settled in their favor.

  12. Very, very telling by unity100 · · Score: 5, Insightful

    This experience has left such a bad taste in my mouth that I wanted to swear off music.

    indeed, these rascals are alienating untold numbers of youth from music. just for a few dollars more, they are not only killing an industry, but an ART. no exaggeration - dont just think about the actual number sued - think about how many people, friends, relatives, colleagues and alike, got adversely affected by what their acquaintance went through. and they are doing it for what ? to sustain an outdated business model.

    its a crime against humanity, civilization. whereas today's courts are too 'old' to understand the matter in its core, future generations of judges and lawmakers wont be as such. woe to the people of young generations who join riaa in their shitty crusade by working for them or the media cartels - for they will still be alive when future generations take the matter into hand, whereas the bosses who used them to their own selfish ends will be long dead.

    1. Re:Very, very telling by tgd · · Score: 4, Insightful

      Thats a very dramatic rant, but I really doubt US courts and the RIAA is going to end 50,000 years of the creation of music at the hand of human beings.

      Although I see where you were going with it -- I'd have written almost the exact same thing on here, as it is a sure-fire way to get modded up.

    2. Re:Very, very telling by NeoSkandranon · · Score: 1

      think about how many people, friends, relatives, colleagues and alike, got adversely affected by what their acquaintance went through.

      And then think about how many of them are actually going to stop consuming media as a result.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    3. Re:Very, very telling by plasmacutter · · Score: 1

      "rascals"?

      i mean.. the rest is all well and good.. but "rascals"?

      To adopt the jon stewart mindset... how was your service in the army of the potomac : )?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    4. Re:Very, very telling by R2.0 · · Score: 3, Insightful

      "just for a few dollars more, they are not only killing an industry, but an ART."

      I actually think they are saving music as art. If the labels go away and we revert back to the previous system of patronage and pay-for-performance, a lot of the shitty "I wanna be a rock star for the groupies and blow" folks will go away. This will leave the people who simply MUST sing (or paint, or write) beacause it is something they are driven to do. Under teh influence of ACTUAL human creativity, I think the arts will enjoy a resurgence.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    5. Re:Very, very telling by fyoder · · Score: 1

      think about how many people, friends, relatives, colleagues and alike, got adversely affected by what their acquaintance went through.

      Not to mention absolute strangers. I don't have to know the kid, the disabled single mother, or the dead person who is target of the RIAA, in order to be appalled. For what is becoming a long time I haven't put a red cent into the coffers of RIAA member labels -- not the big four of Sony, EMI, Universal, and Warner, nor smaller members as identified by riaaradar.com.

      Don't feed the beast.

      --
      Loose lips lose spit.
    6. Re:Very, very telling by Anonymous Coward · · Score: 0

      Congratulations! You're a Troll!

      1) You consistently spout a position that is contradictory in spite of the facts given you!

      2) When the facts don't agree with you then you continue to argue your viewpoint with added emotion and enthusiasm despite having been proven wrong!

      3) For the second time in a thread you get called out as a Troll by an AC!

      Just. Go. Away.

    7. Re:Very, very telling by eihab · · Score: 1

      I'll probably get modded down for this unpopular opinion, but what the heck.

      these rascals are alienating untold numbers of youth from music

      I think I speak for a lot of people when I say that most of what the music industry produces nowadays is garbage, and honestly if the path that the RIAA is taking causes the "music industry" as we know to collapse, so much the better!

      they are not only killing an industry, but an ART

      Britney Spears is NOT art. I'm tired of the mediocrity, the talent-less performances and the endless sexual innuendos that they keep pushing. There's nothing artistic or creative about a bunch of abused, clueless, futureless, intoxicated and hopeless girls "shaking their money maker".

      its a crime against humanity, civilization

      No it's not.

      today's courts are too 'old' to understand the matter in its core, future generations of judges and lawmakers wont be as such

      I'm sorry to be blunt, but it really sounds like you never created anything creative of value in your life.

      If I spend countless hours working on a software project, perfecting a piece of code, debugging it, etc. then decide to release and license it under GPL/BSD or even pay-ware with an EULA then you ought to respect my license. If you don't, the court system will make sure you do.

      I apply the same logic when I think about RIAA. I think the music that the industry produces is mainly trash, but I also think they ought to have the right to license their music as they wish, and to have the ability to enforce that license within the limits of and by the law.

      and they are doing it for what ? to sustain an outdated business model

      It's _their_ outdated business model, it's up to _them_ to change it, or we can force them to by boycotting them.

      I don't like rebates, I think they're an outdated business model with a lot of loopholes and foul-play, should we encourage lawmakers to legalize shoplifting to fix it?

      This is not Utopia, this is a free market. You don't like the RIAA? Boycott them! Write them a letter to tell them why you are boycotting them and the artists they sponsor and move on!

      The last time I checked, there's no law that says you have to start your day with "Move b*tch, get out the way"!

      Downloading music against their license will not fix the problem because two wrongs don't make a right.

      --
      If you can't mod them join them.
    8. Re:Very, very telling by Anonymous Coward · · Score: 0

      to distract people from the fact you're ripping off artists and making sure they don't get paid for their work.

      LOL, loved your reply but to be fair, I would barely blink an eye at anyone claiming they're ripping off artists. Ripping off major record companies? Sure, but not artists. Their fortunes are made from touring and merchandises. At least in general. The artists big enough to create their own record label, maybe the get a good cut of the profits.

      Of course, technically, you would be correct, but $0.02 of every CD sold at $10-20? That 0.1% won't keep bread out of these artists mouths. The local artists that sell their own stuff? I doubt they suffer much from piracy. Most people will buy their stuff.

      For example, despite making copies of movies, I shelled out money for Gamers and Cloverfield, without a second thought. First, because gamers was a home funded excellent farce on D&D style gaming. The other, because I simply loved the film.

      And yes, you should buy Gamers too, otherwise the Sucks all on you man! Sucks all on you!

    9. Re:Very, very telling by unity100 · · Score: 1

      I apply the same logic when I think about RIAA. I think the music that the industry produces is mainly trash, but I also think they ought to have the right to license their music as they wish, and to have the ability to enforce that license within the limits of and by the law.

      please dont post bullshit without thinking first.

      riaa cant be compared to any other right holder.

      for, they have the power to bribe lawmakers into legislating what is right, and what is not.

      and it always happens so that THEIR rights gets to the front, and for people like you and me, rights are too impractical or infeasible to pursue in legal system.

    10. Re:Very, very telling by Anonymous Coward · · Score: 0

      i mean.. the rest is all well and good.. but "rascals"?

      Look, you young whippersnapper, you're about to see how you like the taste of a knuckle sandwich.

    11. Re:Very, very telling by magus_melchior · · Score: 1

      I'm pretty sure that's known as an unintended consequence, and I doubt they will be pleased to learn that the tactics they zealously believed would save their business model and earn them even more wealth than before, actually torpedoed any hope of them regaining disgruntled customers. Sure, churn works, until you piss off the entire market.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  13. Re:Files and milk crates. by Anonymous Coward · · Score: 0

    Christ. This is not flamebait, it's the fucking POINT!

  14. $6k settle by maestroX · · Score: 1

    RIAA Celebrates 50 Years Of Gold


    Records
    (copy-paste from: http://www.riaa.com/)

  15. Summary is confusing... by Anonymous Coward · · Score: 0

    What happened (Good, Bad, and Ugly) ?

  16. Re:Files and milk crates. by NewYorkCountryLawyer · · Score: 4, Insightful

    It was flamebait. Ms. Barker wasn't talking about the legal issues at all. She was just talking about her personal feelings about music, and about how this litigation made her feel. To attack her from the flank like that was pure flamebait.

    --
    Ray Beckerman +5 Insightful
  17. My question is ... by ScrewMaster · · Score: 1

    how did this work? Did the plaintiffs offer a settlement, did Ms. Barker ask for one, and in either case what was the reasoning behind the decision to settle?

    --
    The higher the technology, the sharper that two-edged sword.
  18. This is a capitulation by barfy · · Score: 1, Informative

    This isn't a settlement, this looks like she paid $750 x 8 for the songs.

    It looks like she created a lot of noise and fury over nothing, and probably set back whatever anti-RIAA cause is out there back. This will do nothing but encourage the RIAA to continue with their tactics.

    1. Re:This is a capitulation by mea37 · · Score: 1

      Heaven forbid you should ever walk a mile in her shoes
      'cause then you really might know what it's like to have to choose.
      ...oh, geez, I hope that wasn't too much to qualify as fair use...

    2. Re:This is a capitulation by Thuktun · · Score: 1

      This isn't a settlement, this looks like she paid $750 x 8 for the songs.

      A mutually-agreed-to set of actions that ends the lawsuit is indeed a settlement.

    3. Re:This is a capitulation by Anonymous Coward · · Score: 0

      I agree.
      And, how they arrive at these settlement numbers still amazes me, being as how these songs have a value of roughly 99 cents each in the digital retail environment.

    4. Re:This is a capitulation by onecheapgeek · · Score: 3, Insightful

      Well, I'm very glad you're offering to handle her case and pay the ongoing lawyer's fees.

      Oh wait, you aren't? Then STFU.

  19. It's about RIAA, not music by Sloppy · · Score: 1

    This experience has left such a bad taste in my mouth that I wanted to swear off music.

    RIAA represents only a fraction of recorded music. Depending on where you live, you might even have an opportunity several times per week, to hear it live -- and buy a CD directly from the band.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:It's about RIAA, not music by Lookin4Trouble · · Score: 1

      but, but... that would require leaving the basement!
      The light, it burnsss usssss *hiss*
      But seriously, there are a couple places to listen to live music near me, just none of them happen to book bands that I'd consider worth hearing. You ever try to find a good Northern-European Death Metal Concert in the Washington, DC area? Closest we've had was Amon Amarth doing an unannounced show at the 9:30 club last December (they didn't even bother posting the tour date on their official website until a week after they played!)

    2. Re:It's about RIAA, not music by jfengel · · Score: 1

      Unfortunately, in some places, the local clubs mostly book the sort of music the RIAA has been spoon-feeding us for years. It's a vicious cycle: people buy the labels' music, causing clubs to play it, causing people to think that's the best music out there, and buying more focus-grouped music.

      According to a musician friend of mine, the DC area is particularly bad at that. If you want better music, move to Detroit. But then you have to live in Detroit.

    3. Re:It's about RIAA, not music by nsayer · · Score: 1

      and buy a CD directly from the band.

      If the band has a contract with the label, then you're not actually buying CDs from the band even if they're on the band's own merch table. In most cases, they had to buy them themselves in order to sell them to you. You'd probably be doing the band a bigger favor buying the CDs from Amazon.

  20. Re:Files and milk crates. by Vancorps · · Score: 1

    Actually no she wasn't. There is a whole mess of a difference between copyright infringement and theft. The fact that you make such a claim shows you've bought what the RIAA has been saying all this time.

    One is civil and the other is criminal. No threat of jail-time although you could argue threat of loss of life given how much it costs to defend yourself against a civil suit with such a large plaintiff.

  21. What kind of settlement is this? by warrior_s · · Score: 1

    I read the pdf of the settlement, and it says that the defendant(baker) has to pay the plantiff(riaa) $6050 in 55 monthly installments.. and that is it!!!
    Am I missing something here?

    1. Re:What kind of settlement is this? by mea37 · · Score: 1

      Ok, I'll bite... what more were you looking for?

      That's what a settlement is; it sets terms for ending the litigation, in this case (and I think pretty typically) including a negotiated monetary award and an injunction...

      What is it you think is missing?

    2. Re:What kind of settlement is this? by Hatta · · Score: 1

      The part where the RIAA apologizes for her malicious prosecution and pays her compensation.

      --
      Give me Classic Slashdot or give me death!
    3. Re:What kind of settlement is this? by mea37 · · Score: 1

      So... you expect a settlement to consist of the plaintif making concessions to the defense? That would strike me as highly atypical, actually.

      Sure, a lot of folks would prefer for the case to have ended differently -- perhaps with a judgement for the defense, or a counter-claim of some sort.

      But that wasn't my question. warrior_s asked what kind of settlement it is. I asked what he/she expects a settlement to look like, other than what this one looks like. Once you know it's a settlement, it doesn't seem to me like you'd be that surprised about what it says...

  22. Re:Files and milk crates. by Krinsath · · Score: 2, Insightful

    Actually, as in all the RIAA cases, she was sued for *distributing* the files by having them in a shared folder on Kazaa. The RIAA is not going after the people who download, they're going after those who "make available" whether the people legitimately purchased the music or not.

    If the RIAA was conducting this campaign with so much as a shred of ethics and decency, I could go with it as they are, in one of thinking, attempting to defend their rights as redistribution is not a right you gain from purchase. However, the tactics that they resort to, the lack of sense or humanity they display in their conduct and the clear abuse of our court system disgusts me far too much for me to support them. It's one thing to stand up for your legal rights...it's entirely another to game the entire system (wasting taxpayer dollars as a result) and destroy innocent lives simply because you don't want the gravy train to end. It's hard to attribute morality to a corporate entity, but if it's possible then it's safe to say that the RIAA has long ago crossed the line into evil.

  23. No one is safe by Anonymous Coward · · Score: 0

    Elektra sued Barker?

    I guess the Price was indeed Right.

  24. Wait!!! by tgd · · Score: 1

    Get back into court, we now have clear evidence of a history of blatant defiance of property ownership and flaunting her stolen goods!

  25. Re:Files and milk crates. by NewYorkCountryLawyer · · Score: 1

    If you'd actually read the TFA you'd know she wasn't talking about legalities, she was talking about the emotions she'd felt as a result of this lawsuit.

    --
    Ray Beckerman +5 Insightful
  26. Injunction mentioned in settlement by itsdrewmiller · · Score: 1

    I'd have to read the injunction, but I'm guessing that it means that Barker doesn't actually have to pay any of this unless she screws up somehow.

    1. Re:Injunction mentioned in settlement by mea37 · · Score: 1

      Doesn't look like that's the case to me. The settlement says

      1) she will pay them monetary damages, which escalate if she misses a payment,

      AND

      2) she submits to an injunction.

      If, as they would have us believe, the RIAA really thinks everything the injunction covers would constitute a copyright violation, then I'm not sure the purpose of the injunction. Stiffer penalties? Simpler (for the prosecution) procedures to enforce? ...??? Soemthing I'm curious about, anyway.

  27. I must live under a rock... by Thelasko · · Score: 1

    because I didn't know Carmen Electra recorded any music, let alone sued Bob Barker for copyright infringement.
    [/sarcasm]

    --
    One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
  28. Re:Files and milk crates. by Anonymous Coward · · Score: 3, Insightful

    She was characterizing the RIAA's lawsuit as being "just because" she had music on her computer. I don't disagree with that characterization, but it is hardly flamebait to do so.

  29. BS by Anonymous Coward · · Score: 0

    Those old women won't be able to properly
    adjudicate a dispute on the Morse Code
    in less than another 40 years.

    jr

  30. Re:Welcome to Slashdot by peipas · · Score: 1

    5.) People attack a position without addressing its merits whatsoever.

  31. Re:Welcome to the Music Industry by argent · · Score: 5, Insightful

    Where "ripping off artists to make sure they don't get paid is okay" as long as you've got them to sign some kind of contract, however convoluted, because of course all musicians are expert contract lawyers AND are negotiating on a level playing field.

    Get this through your head: there are very few good guys.

    Napster were bad guys (and the fact that there's still a "Napster" in any form gives me a bad taste in my mouth).
    The labels are the bad guys.
    People sourcing ripped torrents are the bad guys.
    The RIAA are the bad guys.
    People illegally posting copyrighted binaries to Usenet are the bad guys.
    The judges who let the RIAA get away with it are the bad guys.
    Psystar are bad guys.

    Pointing out that one set of bad guys are bad guys doesn't mean that another set of bad guys are good guys.

  32. Re:Welcome to Slashdot by Anonymous Coward · · Score: 0

    Well said. I agree with all your points.

    This being said, the RIAA hasn't been exactly innocent in their ways of pursuing people, and they definitely haven't behaved like saints either.

  33. Question about the settlement and public posting. by RStoney · · Score: 2, Interesting

    For NYCL; Okay - so I am bit slow on legalese - so forgive the grade-school level question. She took up the settlement (can't blame her - the soap opera has to be stressful) however, all the arguments and defenses are laid out that any other person targeted by the RIAA could use these as the blueprint for their defense, and have a judge rule on them? (correct?) Could then someone include her settlement in a further class action of some form, and get it overturned ? If so, this would be more of a 'baton relay' than a capitulation as some suggest.

  34. Re:Welcome to Slashdot by Lookin4Trouble · · Score: 1

    Modbomb indeed. But I'll bite anyway. 1) Ripping off artists is not okay. Ripping off the cartel that's been ripping us off for decades is. 2) You ever try releasing a multi-national multi-hundred-thousand-pressing album without a distribution arm? Not as easy as it sounds, and it doesn't sound easy. 3) Not at all. Any group attempting to stop piracy by going after dead people, people without computers, and so forth, are evilly harassing innocents. Any group going after the -ACTUAL- pirates (profiting from selling bootlegs, etc...) are, well, not making headlines unfortunately. 4) Yours and my definition of piracy must differ. I torrent an album of (not distributed in the US, oddly enough) music (leeching all the way). If I don't like it, I delete it. If I do like it, I find a way to make the purchase. My local mail carrier asked if I keep track of the countries I receive packages from, which I do, and so far I've bought music out of almost every country in Europe (though not France or Spain just yet...) In conclusion, get ready for the Modstick, because I almost didnt reply to this, thinking it was flamebait at first. Now I think it's just astroturfing on the part of MediaSentry or whatever they may be calling themselves now, because if you were trying to turf for the RIAA, I don't think you would've been able to spell "artists" (sub:slaves), much less a $2 word like "oppressive"...

  35. Re:Welcome to Slashdot by ScrewMaster · · Score: 2, Interesting

    Modbomb incoming.

    You earned it.

    You really should make some effort to understand how the record labels rip off everyone involved with them before you make such commentary.

    Here's a quote from Janis Ian:

    The NARAS people were a bit more pushy. They told me downloads were "destroying sales", "ruining the music industry", and "costing you money". Costing me money? I don't pretend to be an expert on intellectual property law, but I do know one thing. If a music industry executive claims I should agree with their agenda because it will make me more money, I put my hand on my wallet ... and check it after they leave, just to make sure nothing's missing

    --
    The higher the technology, the sharper that two-edged sword.
  36. No logic ... darn it by Anonymous Coward · · Score: 0

    This is just a settlement between two parties. No judicial logic has been applied. The defendant will pay the plaintiff a little over $6000. That sounds pretty cheap to me so I'm guessing that the plaintiff thought the defense would win at least some of the arguments and didn't want to see a precedent set. There's the rub. If the case had gone to the end, there would have been a court ruling. Then we would have had some reasons to work with and a precedent that could have been used for future cases.

  37. she stole milk crates too?! by Rick+Bentley · · Score: 2, Funny

    Man, I can't wait for the CIAA (Cow Industry Association of America) to come after her as well.

    I mean, if a 99cent song is worth $150k in damages, think how much an actual milk crate is worth!

    --
    My favorite quote doesn't fit into 120 characters. Now no one will like me.
  38. Re:Question about the settlement and public postin by NewYorkCountryLawyer · · Score: 2, Informative

    For NYCL; Okay - so I am bit slow on legalese - so forgive the grade-school level question. She took up the settlement (can't blame her - the soap opera has to be stressful) however, all the arguments and defenses are laid out that any other person targeted by the RIAA could use these as the blueprint for their defense, and have a judge rule on them? (correct?)

    Correct.

    Hopefully they will.

    --
    Ray Beckerman +5 Insightful
  39. Settlement only $6,050 by DarthTeufel · · Score: 1

    And thats paid over the course of almost 55 months. NYCL was one of the defendant's main lawyers (see settlement), so he must know more than what's coming out. Six grand over 4.5 years hardly seems like a "victory".

    1. Re:Settlement only $6,050 by DarthTeufel · · Score: 1

      My mistake.. SHE'S PAYING THE RIAA the money, over the course of 55 months. How is this a victory?

  40. ... scapegoat the RIAA ?? by l2718 · · Score: 1
    Any groups attempting to stop piracy by going after individual infringers--exactly what Slashdotters were saying they should do back during the Napster lawsuit--is evil harassment of innocent people.

    In fact, evil (suing a woman with multiple sclerosis who didn't use a computer) harassment (suing a woman on disability benefits who didn't use file-sharing software) of innocent people is what's going on. And that is without noting that their damages are about $0.20/song (at retail prices, $0.99/song) but they are asking for the statutory $150K per, that they aren't actually proving their cases (have you looked at what they pretend is "evidence"?), that they are abusing the Federal Process (illegal joinder, failure to cite adverse opinions, citing opinions that have been reconsidered).

  41. Re:Welcome to Slashdot by DustyCase · · Score: 3, Informative

    Your whole gripe is based on a very broad concept of piracy. Anyone accused of piracy has committed piracy? Anyone listening to music without buying the whole CD? Storing a music file? How about in cache? Receiving an audio stream? How about recording an audio stream? borrowing a CD from a friend? Previewing a CD? All nice black and white issues to you, I'm sure.

    Your "guilty until proven innocent" approach to those sued by the RIAA pretty much marks you as anti-constitutional. No surprise that you suck up the MAFIAA so hard.

    I'd be just as happy to accuse the RIAA of looting the public while the "fair use" lock is broken. Their stock and trade is radio airplay royalties. How this relates to what I do with a CD after I have purchased it is far from settled.

    FWIW, I'm a musician and do production work. I have no idea, nor has the RIAA clearly posited, how their actions serve anyone other than themselves. You would think that there would be some kind of massive artist outcry... but they are being reamed so hard by the labels, who renege on contract elements at will, that they use the d/l data when working out either their transition to small labels or to self production and distribution. Even at 0.0% d/l leakage the artist doesn't make their money from sales. They make it on the road and from advert licensing.

    So spare us the RIAA rah rah, please.

  42. Re:Welcome to Slashdot by AP31R0N · · Score: 1

    1) That's not our intention, or at least the intention of most anti-RIAA folk. i want the artist to be paid. The major labels gives the artist a tiny slice of the record sales. New artists often end up OWING money from the album's production and only make money when they tour. i WANT the artist to get the money i pay, not the label and not the lawyers and the RIAA. Artists can shift their income source to merch and ticket sales. Jonathon Coulton gives his music away and is making a good living off tix and merch.

    2) Are you republican or libertarian? Willingly signed != understood. And does not mean that the contract was fair. If someone waved wealth, fame and hot chicks under your nose you'd sign your lungs away. If you struggled for years to be discovered and finally had a chance to reach a bigger audience, you'd take it because their lawyers would tell you "it's a standard contract".

    3) It is harassment. It's also extortion. "Pay us 10K$ now, or we'll keep you in court and out of work for a year or two and then take the 10K$".

    4) First of all, it's not piracy. It's copyright infringement. Piracy is armed robbery on a boat. It IS free advertising. Many artists are realizing that getting people to HEAR their work is the first step to getting people to buy it, to buy tickets and merch.

    5) What about people who mindlessly blather about the RIAA protecting artists when very little of what RIAA collects will go to the artist? The RIAA cares about RIAA, not the artist. The best thing RIAA could do for artist is to disband and let the industry move into the late 20th century.

    6) Data is WORTHLESS. If it can be made into data, it is WORTHLESS. Music, no matter how much it costs to produce, is worth one second of FiOS band width. Data can be reproduced with perfect fidelity, infinitely. As the cost of storage and bandwidth decline, so too must the value of data. If i sent a song to 30 people, and they sent it to 30 people and so on and so on, it could reach a metric fuck ton of people in a matter of days. No trucks, no stock boys, no cashiers, no lawyers, no middlemen trying to profit off the talent of the artist. Any finite demand divided by infinite supply equals a cost as near to zero as makes no odds. Sell me something i can't download, like the experience of seeing them live or an autographed copy of the album. Something that is, you know... worth something.

    It's OVER. It was over in 1998, it's just taken a decade for an antiquated and exploitative industry to realize it.

    And the artists will be fine. Those that deserve wealth and fame will have it. The only people losing are the label executives and stock holders.

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  43. Re:Welcome to Slashdot by Overly+Critical+Guy · · Score: 0, Flamebait

    You mean the position of criticizing the RIAA for ethical and moral reasons even while pirating some band's entire discography in a 250MB RAR file? The pro-piracy position has merits?

    --
    "Sufferin' succotash."
  44. Maybe not... by R2.0 · · Score: 1

    "Now Ms. Barker's attack on the constitutionality of the RIAA's damages theory, as well as her other defenses -- including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and innocent infringement -- will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues."

    Perhaps it will be the case that, now that the arguments are spelled out, the RIAA will give up because their position it is so patently a loser?

    I'm thinking of the explanation as to why the GPL has never been "tested" in court - it is so straightforward and so strong that any lawyer who actually passed the bar won't take the case, because it's a sure loss.

    Then again, this is the RIAA...

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  45. Pirated from Salon, for your elucidation by AP31R0N · · Score: 5, Informative

    Courtney Love
    June 14, 2000

    Today I want to talk about piracy and music. What is piracy? Piracy is the act of stealing an artist's work without any intention of paying for it. I'm not talking about Napster-type software.

    I'm talking about major label recording contracts.

    I want to start with a story about rock bands and record companies, and do some recording-contract math:

    This story is about a bidding-war band that gets a huge deal with a 20 percent royalty rate and a million-dollar advance. (No bidding-war band ever got a 20 percent royalty, but whatever.) This is my "funny" math based on some reality and I just want to qualify it by saying I'm positive it's better math than what Edgar Bronfman Jr. [the president and CEO of Seagram, which owns Polygram] would provide.

    What happens to that million dollars?

    They spend half a million to record their album. That leaves the band with $500,000. They pay $100,000 to their manager for 20 percent commission. They pay $25,000 each to their lawyer and business manager.

    That leaves $350,000 for the four band members to split. After $170,000 in taxes, there's $180,000 left. That comes out to $45,000 per person.

    That's $45,000 to live on for a year until the record gets released.

    The record is a big hit and sells a million copies. (How a bidding-war band sells a million copies of its debut record is another rant entirely, but it's based on any basic civics-class knowledge that any of us have about cartels. Put simply, the antitrust laws in this country are basically a joke, protecting us just enough to not have to re-name our park service the Phillip Morris National Park Service.)

    So, this band releases two singles and makes two videos. The two videos cost a million dollars to make and 50 percent of the video production costs are recouped out of the band's royalties.

    The band gets $200,000 in tour support, which is 100 percent recoupable.

    The record company spends $300,000 on independent radio promotion. You have to pay independent promotion to get your song on the radio; independent promotion is a system where the record companies use middlemen so they can pretend not to know that radio stations -- the unified broadcast system -- are getting paid to play their records.

    All of those independent promotion costs are charged to the band.

    Since the original million-dollar advance is also recoupable, the band owes $2 million to the record company.

    If all of the million records are sold at full price with no discounts or record clubs, the band earns $2 million in royalties, since their 20 percent royalty works out to $2 a record.

    Two million dollars in royalties minus $2 million in recoupable expenses equals ... zero!

    How much does the record company make?

    They grossed $11 million.

    It costs $500,000 to manufacture the CDs and they advanced the band $1 million. Plus there were $1 million in video costs, $300,000 in radio promotion and $200,000 in tour support.

    The company also paid $750,000 in music publishing royalties.

    They spent $2.2 million on marketing. That's mostly retail advertising, but marketing also pays for those huge posters of Marilyn Manson in Times Square and the street scouts who drive around in vans handing out black Korn T-shirts and backwards baseball caps. Not to mention trips to Scores and cash for tips for all and sundry.

    Add it up and the record company has spent about $4.4 million.

    So their profit is $6.6 million; the band may as well be working at a 7-Eleven.

    Of course, they had fun. Hearing yourself on the radio, selling records, getting new fans and being on TV is great, but now the band doesn't have enough money to pay the rent and nobody has any credit.

    Worst of all, after all this, the band owns none of its work ... they can pay the mortgage forever but they'll never own the house. Like I said: Sharecropping. Our media says, "Boo hoo, poor pop stars, they had a

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    1. Re:Pirated from Salon, for your elucidation by east+coast · · Score: 2, Interesting

      That's a funny spiel given that she now records for a label that is distributed by one of the "big four". I guess that says a lot about her integrity and commitment to her supposed cause. She hates the industry so much that she's giving it more money for doing even less for her than what they did before when she called it "piracy".

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:Pirated from Salon, for your elucidation by CyprusBlue113 · · Score: 2, Insightful

      Or eventually, she just needs to eat. This *is* Courtney Love we're talking about, not U2. Sometimes ideals take a back seat to being able to maintain your lifestyle.

      --
      a handful of selfish greedy people are no match for millions of selfish, greedy people -u4ya
    3. Re:Pirated from Salon, for your elucidation by Anonymous Coward · · Score: 0

      I apologize, but I am contractually required to ignore any serious post that begins by quoting from Courtney Love.

    4. Re:Pirated from Salon, for your elucidation by east+coast · · Score: 1

      Or eventually, she just needs to eat.

      Hold on now, I thought that labels were thieves and that she makes next to nothing under their thumb. What's this needs to eat thing? Where is all the cawing about how artists could make a better living the more they distanced themselves from the RIAA and big labels?

      This *is* Courtney Love we're talking about, not U2.

      What's that have to do with it? Are you saying that only big names can make it out in the wild alone?

      Sometimes ideals take a back seat to being able to maintain your lifestyle.

      According to this article she could be making more and living better as an administrative assistant in Pittsburgh than what she is as a rock star in LA (I honestly don't know where she lives, just my guess). If nothing else she could abandon the life that is robbing her of her cash... and didn't I read that she just made a few million from selling her share of the Nirvana rights?

      Something here simply isn't making sense. So what do you really think the big lie is here? That she gets paid nothing or that she just likes to be a whore to the recording industry?

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    5. Re:Pirated from Salon, for your elucidation by obeythefist · · Score: 1

      That's a funny spiel given that she now records for a label that is distributed by one of the "big four". I guess that says a lot about her integrity and commitment to her supposed cause. She hates the industry so much that she's giving it more money for doing even less for her than what they did before when she called it "piracy".

      You wanna tell me you never had a job in a big company and never hated the company and every day at work and every hour of overtime you had to do?

      I sure have. But I need the money. Why don't you quit your job and then take down the RIAA and all the other big corps for us? No?

      --
      I am government man, come from the government. The government has sent me. -- G.I.R.
  46. And she cops to Milk Crate Theft? by xrayspx · · Score: 1

    Man, she's just asking for it now. Next thing you know she'll say she has her mail in USPS mail trays right by her front door.

  47. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    how ingenious! about half of your "bad guys" are not actually bad guys, but when you lump them all together, maybe nobody will notice.

  48. Milk crates ... by frogzilla · · Score: 1

    How were those milk crates obtained?

  49. President of RIAA = King of Douchebags by Dex5791 · · Score: 1

    I think it is amusing how far they'll go to pilfer little sums of money from their customers, all the while ruining their own reputation so much as to insure their downfall.

    1. Re:President of RIAA = King of Douchebags by ScrewMaster · · Score: 2, Insightful

      Not if you look at this with the proper perspective. The big labels don't want too much of this PR mud to stick to them, so they pay serious money to the RIAA to do the ugly stuff for them. And it's working: people keep using "The RIAA" when they really mean "The Record Labels".

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:President of RIAA = King of Douchebags by monxrtr · · Score: 1

      Same difference. I think people mean by the RIAA, "the music industry", "the big record labels". The music industry will forever be the MAFIAA. That mud will always stick; in fact people have to publicize specific "indie" labels because the negative mud PR is like this name in bright blue neon lights with a purple outline, and this name is so bright and so sharp that the sign - it just blows up because the name is so powerful...it says 'MAFIAA'. The individual label names aren't worth knowing because the PR value is already negative, so negative that it even negatively effects "indie" labels.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    3. Re:President of RIAA = King of Douchebags by ScrewMaster · · Score: 1

      Oh, I agree, but what I mean is that the RIAA isn't operating in a vacuum. It is beholden to the major labels, and is marching to their tune. Consequently, blaming the RIAA for these lawsuits is really missing the point. The labels ordered this nonsense, and are funding it (to the tune of a few hundred mil a year) and are the only ones that can put a stop to it. We should focus our ire where it will do the most good.

      --
      The higher the technology, the sharper that two-edged sword.
  50. Re:Welcome to the Music Industry by plasmacutter · · Score: 1

    People illegally posting copyrighted binaries to Usenet are the bad guys

    im sorry, but that's just not so black and white unless you're a "law = morality" zealot.

    Case and point: rifftrax.

    This service is cheap, and is one of the few ways hollywood dreck is palatable.. and hilarious. There's just one problem.. the sync work, assuming you can do it yourself, tends to deflate the punchlines, and because of the DMCA and derivative work case law, the good Mr. Nelson cannot market pre-made dvd's. It is to the community's advantage to buy the trax off the site, but share the job of syncing.

    It's far from perfect, but with the law lagging so far behind or simply not making allowances for something like this, it's simply one of the best ways to gain full enjoyment from a purchased product.

    I like to compare this aspect of the file-sharing phenomenon to the concept of the "tab" from older, more familiar times. Have a little more trust in the public than "i can subpoena your accounts and have them frozen if you don't pay me back"

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  51. too bad by flickeringmark · · Score: 1

    And here I thought Carmen Elektra and Bob Barker had settled some kind of sexual harassment case outside of court.

  52. Re:Files and milk crates. by Reziac · · Score: 1

    Especially since if the RIAA could figure out HOW to sue everyone just for the files on their computer, I'm sure they'd be right there with their team of rabid lawyers. It wouldn't matter if having said files was legal or not; they'd still be lawsuit bait.

    Think on that, you folks who think privacy only matters if you "have nothing to hide".

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  53. NYCL's Comments by spikedvodka · · Score: 1

    My question is, I've read the settlement, and it seems pretty "boilerplate", but What does NYCL, (If he can talk about it) think of a) the terms of the settlement, and b) the fact that it was settled at all?

    --
    I will not give in to the terrorists. I will not become fearful.
    1. Re:NYCL's Comments by nsayer · · Score: 1

      What does NYCL, (If he can talk about it) think of a) the terms of the settlement, and b) the fact that it was settled at all?

      Why don't you go read for yourself?

      Mods: Mod parent "redundant."

    2. Re:NYCL's Comments by NewYorkCountryLawyer · · Score: 5, Informative

      My question is, I've read the settlement, and it seems pretty "boilerplate", but What does NYCL, (If he can talk about it) think of a) the terms of the settlement, and b) the fact that it was settled at all?

      Contrary to what we see in television and movies, it is very rare for cases to go to trial, and the vast majority of cases are settled. The system would break down completely were that not the case.

      We were entering a new phase of the litigation, which would have taken a lot of time and energy, and would have broken a lot of new ground, so it would have been a major decision on each party's part to jump into that second phase. Also, the Judge had ordered the parties to go to a settlement conference, thus indicating that the Judge himself felt that the case should be settled, or at least that the parties should make a major effort in that regard. So it was a very logical juncture at which to settle the case.

      As to the terms of the settlement they are what they are, and at least this time you can see the actual settlement terms and form your own opinion.

      As to my opinion, I guess I'm pretty predictable. You know what I think of the RIAA, and of their legal positions, and paying them anything, or agreeing to any of their overbroad injunctive provisions, is always bothersome to me. I look on any settlement with them as unfair, because these are lawsuits which should never have been brought in the first place, and they deal with a "micro-payment" copyright infringement, where in the real world the record company is out of pocket around 35 cents per song file. If the RIAA were relegated to collecting its actual damages, none of these cases would ever have been brought, as in most of the cases the actual provable damages are in the neighborhood of $3.00 US (or 2 Euros).

      So I am predictably (a) happy for my client that she can put the litigation behind her, (b) disappointed that I didn't get to litigate the affirmative defenses, and (c) not satisfied with the terms, since I believe all of these settlements in the thousands of dollars are wrong.

      --
      Ray Beckerman +5 Insightful
  54. Re:Welcome to Slashdot by DamnStupidElf · · Score: 1

    1) Interestingly, all the artists complaining about piracy seem to make plenty of money to begin with.

    2) Usury is oppressive whether people willingly sign up for it or not. Just because people are stupid or unable to do better is no reason to oppress them with a monopoly.

    3) We wanted the RIAA to go after individual file sharers precisely because we knew it was un-winnable. There's no way you can prosecute half of the population for an activity of lower impact than shoplifting. Speaking of which, shoplifting carries a much smaller punishment than even one act of "copyright infringement", hence the unfairness and evilness of prosecuting individuals for sharing music.

    4) Music "piracy" is a market reality caused by overpriced goods (created by artificial shortage) and lack of a modern distribution infrastructure. Music is playing constantly over the radio for free, but somehow has a $250,000 value for every 3 minutes that get copied over the Internet.

  55. Re:Files and milk crates. by mr_matticus · · Score: 0

    There is a whole mess of a difference between copyright infringement and theft.

    No, not really. The operative act is the same. They're different fields, but the same basic offense. The fact that you object to the characterization is a tried-and-true form of false pedanticism and ignorance unique to Slashdot.

    If you are in possession of that which you are unauthorized to have, having obtained it through unlawful means, you're in possession of stolen property, unless you're making a specific legal argument about the cause of action. You're clearly not, though, because steal != theft under the law.

    The fact that you make such a claim shows you've bought what the RIAA has been saying all this time.

    Again, your Slashdot is showing. The RIAA didn't create the idea, nor did they invent the fundamental harm. You don't have to buy a single word they've said to know the simple fact that copyright infringement is and always has been stealing. It is the sole reason that infringement is a statutory offense with hefty penalties. Those penalties, however, were envisioned for a time and a market of large-scale, incredibly damaging piracy operations. Those operations still exist and must still be shut down. With the Internet, however, a second tier of statutory penalties is necessary to account for the individual, casual, peer to peer sharing that attracts attention. Individuals providing hundreds or thousands of files to thousands of users are clearly violating both the letter and the spirit of the law, as well as operating in a clearly contrary manner to the interests of artists. This is very much a different thing than making mixes for friends (which is allowed), or sharing a few songs from a new artist with a friend who might appreciate them.

    One is civil and the other is criminal.

    Actually, both copyright infringement and theft, along with other forms of stealing personal, intellectual, and real property have both civil and criminal components. Pursuing criminal copyright infringement claims against a relatively small-time customer, however, based on a shaky legal theory and insufficient evidence, is too stupid even for the RIAA members.

  56. Re: Rules of Slashdot by Anonymous Coward · · Score: 0

    4.) Troll Slashdot and make yourself feel good while actually providing nothing new to the discussion.

    5.) Get accused of either being an RIAA astroturfing shill for the media restriction industry (or simply an ignorant fool) by an Anonymous Coward!

  57. Re:Welcome to the Music Industry by blind+biker · · Score: 1

    Psystar are bad guys.

    How is Psystar the bad guys? If anything, Psystar are awesomely great guys, standing against the idiocy of EULAs and Apple's strong-arming.

    Psystar are very unusual in that they have had the cojones to stand up to Apple in what seems an almost suicidal move.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  58. Re:Welcome to Slashdot by rtechie · · Score: 1

    1.) Ripping off artists to make sure they don't get paid is okay.

    You simply have no experience in the industry. New artists make, AT ABSOLUTE BEST, $0.02 per album sale. That's TWO CENTS. So in order to make a decent living ($40,000 per year) off album sales they would have to sell TWO MILLION albums per year. If you're an artist who makes all his money off album sales you will starve to death, quite literally.

    2.) Artists are victims of evil, oppressive record labels even though they willingly signed their contracts.

    Just about all radio and TV time is bought and paid for. If you want to get on the radio and TV, you have to sign with one of the major labels, who will not give you ANY money on your albums. Yes, they'll cheat you out of that $0.02 per album too.

    In fact, in recent years they've been getting into the incredibly scammy loan business where they loan artists the money to produce the album at 30% interest and then STEAL that money from the artists and then send collection agencies after the artists for not paying back the loans.

    And when I say STEAL, I mean STEAL. They will do things like write you a bad check for an advance. Ask for direct deposit to your checking accounts and then write fake checks out of your accounts. They figure artists don't have any money or lawyers (except they ones THEY'RE providing) so they're "easy marks".

    Your average used car salesman or professional con artist is a saint next to A&R people.

    4.) Piracy is okay because it's free advertising and other people will eventually pay those artists through t-shirts or something.

    No, this is why piracy is bad. Piracy is good because it hurts the big record labels, and anything that helps bring down the big labels is good. Going to the homes of major label executives and shooting them in the face is good. The only way in which piracy of major label music is bad is that piracy DOES help the labels by providing very valuable free advertising.

  59. Re:No thug by Anonymous Coward · · Score: 0

    Whoosh!

  60. Re:Welcome to Slashdot by rtechie · · Score: 1

    Going to the homes of major label executives and shooting them in the face is good.

    People DIE because of the crap the major labels pull. They ROB people. Often very poor and very unstable artists who are driven to suicide or drug overdose because of the financial ruin brought on them by the major labels.

  61. Re:Question about the settlement and public postin by Reziac · · Score: 2, Informative

    Ah, so the REAL win here is that the next incident won't have to reinvent the case from scratch, but instead can build directly on all the records from this case.

    Should save both time and money for the next victim who fights the RIAA, and hopefully make it that much easier to progress to the next step after this one.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  62. Re:Welcome to Slashdot by east+coast · · Score: 1

    Can you please cite this whole "0.02" cents thing? I see tons of it around but no one ever sources it.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  63. Re:Welcome to Slashdot by Maury+Markowitz · · Score: 1

    > New artists often end up OWING money

    Do you actually believe that? Really? You actually fell for that?

    > Willingly signed != understood

    So your argument is "all musicians are stupid"?

    > It's copyright infringement

    Exactly. Which is bad. So I'll just apply some moronic argument to dull that feeling in the pit of my stomach that means I really know deep down inside that I'm a thief, like...

    > It IS free advertising

    There you go. I'm sure you feel all better now.

    Maury

  64. Re:Welcome to the Music Industry by PenguinX · · Score: 1

    Why precisely is Psystar a bad guy?

  65. Re:Welcome to Slashdot by puppyfox · · Score: 1

    Some of us don't pirate even though we strongly disagree with their bully-like, blanket, fair-use-destroying tactics. I never downloaded music illegally (and I know how), but I also stopped buying it. Web radio was fun while it lasted, but Soundexchange is killing that too (Pandora is about to close because of their new fees).

    Piracy is not cool in my book, but their methods of fighting it are akin to a police state stripping all your rights in order to catch a few more criminals. It's not about crime at that point, it's about abuse of power with an excuse.

    Your points above have a value, but attacking everyone as if they have the same extreme view is not a reasonable way to articulate your point. Although it sure seems to work in politics.

    --
    The cookie told me to.
  66. RIAA sez: by fuzzyfuzzyfungus · · Score: 1

    "We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music."

    RIAA
    Why is that consumer talking about "music" when this is a question of "content"?
    /RIAA

  67. Re:Welcome to Slashdot by Anonymous Coward · · Score: 0

    If it is true that all of these artists are getting every last penny of theirs stolen by the record companies, how can they afford the drugs on which they're overdosing?

  68. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    Actually, the people sourcing ripped torrents are saints. As are the people posting copyrighted binaries to Usenet. These people deserve lifetime supplies nachos and cold beer of their choice.

  69. Re:Welcome to Slashdot by 91degrees · · Score: 1

    5.) Strawman arguments are perfectly valid in debates.
    6.) ???
    7.) Profit.

  70. Re:Question about the settlement and public postin by NewYorkCountryLawyer · · Score: 1

    Ah, so the REAL win here is that the next incident won't have to reinvent the case from scratch, but instead can build directly on all the records from this case. Should save both time and money for the next victim who fights the RIAA, and hopefully make it that much easier to progress to the next step after this one.

    That was the purpose I had in starting my blog. And it has worked. The lawyers representing defendants learn from each other, and stand on the shoulders of those going before us.

    --
    Ray Beckerman +5 Insightful
  71. Re:Files and milk crates. by blind+biker · · Score: 1

    I think you're missing the point of that declaration: she only meant to indicate how fond she was of music.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  72. Re:Welcome to Slashdot by NewYorkCountryLawyer · · Score: 4, Informative

    Can you please cite this whole "0.02" cents thing? I see tons of it around but no one ever sources it.

    It's in the recording agreements that there is a royalty, it might be 10%, 12%, something like that. But then the record company takes out huge expenses, many of them fictional expenses that are not actually incurred, such as 25% 'packaging' costs and the like. Then when it comes time to account for the royalties they frequently report much less than what is actually owed. Then the artist has to hire a royalty audit accountant, and sometimes a lawyer, in order to collect a fraction of what is owed as a "settlement". So I don't know if the real number is 2 cents, or something more or less than that. But every entertainment lawyer knows that it's a very tiny amount of money.

    --
    Ray Beckerman +5 Insightful
  73. Loser by Doc+Ruby · · Score: 1

    So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music.

    And so that's why she took the money, instead of settling her right to do what she wanted with her music.

    And for those saying the case was dragging on too long for her to pay her lawyers, just realize that the RIAA settles only for less than it would pay in fines and fees, and only when it's going to lose. So if she and her lawyer had hung on through a trial, they'd have gotten more money. Which is all that the lawyers care about, and their businesses are designed for them to wait - and they have to do it if their client wants to go through with it. So Barker is the one who sold out her principles for a little temporary safety and an early paycheck.

    --

    --
    make install -not war

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

      And so that's why she took the money

      Uh... did you read the settlement?

      She didn't "take the money." She admitted guilt, and she is the one who will be giving money to the RIAA. She got pretty lucky, really -- she only owes about $6k, which is almost certainly less than she'd pay if she fought to the bitter end.

  74. Hmm... by Anonymous Coward · · Score: 0

    *** "I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music."" ***

    Well, if you downloaded music without having legal rights to it, you deserve to pay.

  75. Re:Welcome to Slashdot by jedidiah · · Score: 1

    Sure.

    Piracy is responsible for every dime that Metallica ever made off of me.

    This includes their cut of the Ozzfest 2008 tickets I bought.

    When they were young they understood this.

    There's a world of difference between causing actual harm and
    driving Lars Ulrich into hysterics because he's a control freak.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  76. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    Psystar are the good guys.

    Pssh, what, you think you can slip that past us just by putting it at the end of the list?
    You've got to put it /third to last/ in the list to do that.

  77. Re:Welcome to Slashdot by jedidiah · · Score: 1

    Metallica is not worth the ruination of someone that pirates their work.

    The "problem" of piracy is not worth the measures being proposed to "solve" it.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  78. Re:Welcome to Slashdot by inasity_rules · · Score: 1

    while pirating some band's entire discography in a 250MB RAR file?

    Which band...? I'm really curious even if you meant GB. Maybe RAR compression is really that good? :-D

    --
    I have determined that my sig is indeterminate.
  79. Re:Welcome to the Music Industry by jedidiah · · Score: 1

    Copying a work is preserving a work.

    Even an imperfect copy is better than none at all.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  80. Re:Files and milk crates. by tanner_andrews · · Score: 1

    copyright infringement is and always has been stealing

    I would beg to differ. Stealing (theft) is the taking of the property of another with the intent to deprive him of the value thereof.

    Copyright infringement does not take the property of another. The essential element in copyright infringement is the creation of new copies, which is to say, new property, without the right to do so. In making these copies, you may cause the rights-holder to lose sales, and thereby injure him, but you are not taking his property.

    For that reason, we have separate laws barring copyright infringement and stealing.

    For a contrast, if you were to go to a dairy and take the milk crates, intending to keep them, you would be stealing. The milk crates are the property of the dairy, and you are taking them.

    As well, if you could arrange it so that when you downloaded a song the computer from which you downloaded it lost the bits, perhaps having the file turn to zeroes. If you then downloaded from a RIAA machine, causing them to lose the material, you would be stealing because you would be taking their bits (as opposed to merely copying them).

    --
    Tilt at windmills. Occasionally one will fall over out of sheer surprise.
  81. Swearing off music by Anonymous Coward · · Score: 0

    This experience has left such a bad taste in my mouth that I wanted to swear off music.

    That's what I've done. I almost exclusively listen to NPR nowadays and I would encourage everyone else to do the same. Although for me it was a combination of the RIAA and the fact that I don't like any of the new music from the decade of the '00's. But the fact that the music industry goes around attacking their customer base would be sufficient to make me just avoid music altogether.

  82. Re:Files and milk crates. by mr_matticus · · Score: 1

    I would beg to differ. Stealing (theft) is the taking of the property of another with the intent to deprive him of the value thereof.

    You're wrong right off the bat. Stealing is not theft. Theft is the taking of property. Stealing is the act of unauthorized acquisition.

    Copyright infringement does not take the property of another.

    Yes, it does. It violates the exclusivity of the copyright. The right of property is the right to exclude.

    In making these copies, you may cause the rights-holder to lose sales, and thereby injure him, but you are not taking his property.

    Absolutely incorrect. The rightsholder's only property is the copyright. By making those copies, to use your example, you are asserting a copyright, which is the rightsholder's alone. You are taking his copyright as your own.

    For that reason, we have separate laws barring copyright infringement and stealing.

    There is no law against stealing. We have separate laws for any number of different forms of stealing. This sentence simply does not hold value. Larceny is not burglary is not infringement is not conversion is not embezzlement is not unjust enrichment. There are many different laws, all premised on the notion that what's yours is yours and no one else can interfere with it.

    If you then downloaded from a RIAA machine, causing them to lose the material, you would be stealing because you would be taking their bits

    Since no one can own bits, this is irrelevant.

  83. Eight years later, the labels are still in control by davide+marney · · Score: 4, Informative

    The most interesting aspect of re-reading Love's rant from the year 2000 is how open she was to putting a torch to the whole, stinkin' mess, and trying something genuinely, radically new.

    She was way ahead of the curve -- too far ahead.

    Eight years on, the labels are still in control, and the lack of quality and innovation is worse than ever, with no end in sight. From a business standpoint, one has to admit that the labels have done a terrible job dealing with the internet. I can't think of any other business that has failed so spectacularly. EVERBODY has learned how to make money using the internet. There are WHOLE SECTORS of the economy that have been invented, grown up, and are making real money based on the internet.

    But from the music distributors, we get lawsuits and six radio stations all playing the same classic rock playlist.

    It's just sad and pathetic, really. It's clear they have no earthly idea how to make a buck.

    When I read this rant before, I was saying to myself, "yeah, right -- in your dreams". Now, I'm not so sure. I think I may be ready now.

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
  84. Re:Files and milk crates. by Mesa+MIke · · Score: 1

    But what about them milk crates?
    Those probably were stolen property.

    So somebody should probably sue 7-eleven for "making them available" by leaving them outside by the back door.

  85. Ouch! I thought she'd *won* a settlement by Anonymous Coward · · Score: 0

    But it turns out that she's paying the RIAA, instead of the RIAA paying her. So she lost.

    The RIAA couldn't have been on the back foot, reeling from the judge's ruling in Part 1. If it had been so, they'd be paying her a settlement to avoid Part 2.

  86. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    I think you need to define what "bad" means, because otherwise you make no sense at all.

  87. Re:Welcome to the Music Industry by euxneks · · Score: 1

    How the fuck was Napster the bad guys? As far as I can remember it was some dink in a university who made some software to help him and his friends share music. Fuck. Get a goddamn perspective.

    --
    in girum imus nocte et consumimur igni
  88. Sorry Courtney by Skjellifetti · · Score: 2, Interesting

    $45K/year is about what the average household income is in the U.S. Now substitute venture capitalist for recording company in the article. What does the average guy who started a software company get? About the same deal as this mythical band got. The band didn't have to take the contract. Neither does the software engineer. Both can try to make it on their own by growing their customer base organically. But if you decide to take the man's money in order to shortcut the process, why do you think that you are entitled to the riches? It was the VC or recording company that took the risk that you were going to be a flop. It isn't your money that is being risked, it is theirs.

  89. Re:Welcome to Slashdot by east+coast · · Score: 1

    I'm asking to have someone cite a source. Not to come up with numbers that they can't even confirm.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  90. Re:Welcome to Slashdot by TheRaven64 · · Score: 1

    If a 250MB RAR file contains an entire band's discography, then the band hasn't recorded much. Like the other person who replied, I don't pirate music. To be honest, the main reason is that it's too much effort to find a decent quality rip and download it compared to ordering a CD online (although it would arrive faster). I check RIAARadar before I buy anything - last year I bought the entire discography of one band I liked in one go, with the exception of their two latest albums which were recorded after they signed with an RIAA label. If enough people did this then bands would start to see signing with these labels as a way of reducing their income, and the RIAA's power would evaporate.

    As it is, they are a bunch of thugs who manipulate and abuse the law (which they often bought in the first place). I say this as a writer, who makes his living from copyright and has recently been a 'victim' of widespread copyright infringement (someone posting a PDF copy of my book to a large public mailing list).

    --
    I am TheRaven on Soylent News
  91. Re:Welcome to the Music Industry by argent · · Score: 1

    How is Psystar the bad guys?

    Because the result of Psystar's actions will be bad for their customers and Apple's customers alike, and benefit nobody, and if you can't see why then I'm not going to explain it again.

    PS: that should be "How are Psystar the bad guys?" or "How is Psystar a bad guy?".

  92. Re:Welcome to the Music Industry by argent · · Score: 1

    Napster's business model was morally equivalent to that of a fence. Their income was based entirely on promoting illegal activities.

  93. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    There's a difference between those examples, and that's who's profiting.

  94. Re:Welcome to the Music Industry by argent · · Score: 1

    Amusing as "the laws of toon robotics"* may be, they are intended as a joke. I don't think that appending "unless it is funny" to ones actions changes them from being wrong to being right.

    Now, on the other hand, it is possible that you've found a gray area. Certainly they exist. And there are also undoubtedly areas where the labels do wonderful work for their artists, and the RIAA's actions are entirely reasonable and justified. In fact I suspect that the balance of such exceptions on the side of the music industry, but I wouldn't quibble about them in the RIAA's favor any more than I would quibble about them in *ster's favor. There's a reason that exceptions are *called* exceptions, after all.

    * The laws of toon robotics:

    First Law. A robot must not embarrass a human or through inaction allow a human to be embarrassed, unless it is funny.

    Second Law. A robot must provide any straight lines or other schtick requested by a human, except when this violates the first law, unless it is funny.

    Third Law. A robot must maintain its patter and promote its own schtick, except when this violates the first or second laws, unless it is funny.

  95. Re:Welcome to the Music Industry by argent · · Score: 1

    You're supposed to notice. But you're supposed to *think* about it. Glad to see the slashjerk effect is still alive.

  96. From Courtney to NYCL ... by Anonymous Coward · · Score: 0

    I'm asking to have someone cite a source. Not to come up with numbers that they can't even confirm.

    Maybe you should pop over onto some musician's forum and ask? Contract signings are individual and confidential, and that's how the labels want them since it's not in their interest for their near-fraud to be public. Few bands are going to risk pinning the details up on their websites so that people can laugh at how they were duped into near-unpaid servitude by the offer of a shiny advance that, it turns out, is far less than the contrived industry costs which they have agreed to reinburse out of future earnings.

    A few high profile musicians have detailed, with numbers, exactly how music business finances work, the classic Salon article by Courtney Love being the best known --- someone posted it in this thread too. But since you're clearly trying to suggest that no problem exists, no doubt you'll disparage her for one reason or another and discount her figures.

    Well let's put the shoe on the other foot: unless you can point to figures indicating the opposite, then the few sets of figures that have been presented publicly (and not refuted by anyone) hold, and NYCL's 2nd-hand knowledge of the sad state of affairs holds too. Your turn --- show us the opposite, if you can.

    1. Re:From Courtney to NYCL ... by east+coast · · Score: 1

      I'm not the one claiming to be in on the know. I'm not the one making up figures to support a bullshit argument. I think I have a right to question a claim without evidence.

      Why do I have to prove that the posters of made up figures are wrong? Fuck, if this was a debate about God I'm sure a lot of you people would back anyone who simply said "prove it". Proving what artists get paid for a recording should be a sight easier than proving the unknown.

      I shouldn't have to prove what I didn't make up.

      Everyone points to the Courtney Love thing as their single piece of evidence and it's far from real numbers. If you do the math you can figure out quickly that it doesn't add up and if she only makes 45K a year how is it she afford heroin and jet setting with the Hollywood types?

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:From Courtney to NYCL ... by NewYorkCountryLawyer · · Score: 1

      Proving what artists get paid for a recording should be a sight easier than proving the unknown.

      And how would you prove it, other than by looking at the recording agreements, the royalty accountings, the royalty audits, and the settlements?

      --
      Ray Beckerman +5 Insightful
    3. Re:From Courtney to NYCL ... by NewYorkCountryLawyer · · Score: 1

      Here is a good analysis by a music lawyer of how the royalties get whittled down to zero. Here is a detailed article about how it works. Here is the detailed Courtney Love presentation. Some more information on how it works. Here is a report by the Recording Artists' Coalition.

      --
      Ray Beckerman +5 Insightful
    4. Re:From Courtney to NYCL ... by NewYorkCountryLawyer · · Score: 1

      In this example the artist sold 500,000 albums, and earned ZERO royalty. The 2-cents Courtney Love example is even more generous than this one. And this one is by no means atypical, except that it is very rare for someone to sell as many as 500,000 albums.

      --
      Ray Beckerman +5 Insightful
    5. Re:From Courtney to NYCL ... by east+coast · · Score: 1

      This is certainly much better than that schlock from Courtney Love. Although I do find it disturbing that artists don't recognize an advance as a payment for recording. I certainly wish that I could get a year's salary in advance with no more than a promise that I would show up and hey, if I'm not as productive as my company hoped for, oh well, that's the breaks (for them).

      And while I do appreciate your efforts I'm also doing my own research and I'm coming up with artists who are more forth coming about royalties and the digital distribution "revolution" people around here keep cawing on about that shows that artists (in certain situations) are much better off when a fan buys a CD over using iTunes and the royalties that I have seen quoted there off-set these numbers by a pretty far gap.

      It still all comes down to the original question of the oft quoted "0.02". If these numbers in your example are set by a legitimate recording and it's sale than the artist actually walked away with 0.10 for doing nothing more than putting out an album regardless of it's sales.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    6. Re:From Courtney to NYCL ... by NewYorkCountryLawyer · · Score: 1

      This is certainly much better than that schlock from Courtney Love.

      Her report is not schlock.

      Although I do find it disturbing that artists don't recognize an advance as a payment for recording.

      In the first example I gave, forget about the advance. The artist's royalty still comes out to below zero.

      I certainly wish that I could get a year's salary in advance with no more than a promise that I would show up and hey, if I'm not as productive as my company hoped for, oh well, that's the breaks (for them).

      Most entertainers who rely on record companies are hand to mouth. They get the advance, and often -- that's it. It's not an easy life.

      And while I do appreciate your efforts I'm also doing my own research and I'm coming up with artists who are more forth coming about royalties and the digital distribution "revolution" people around here keep cawing on about that shows that artists (in certain situations) are much better off when a fan buys a CD over using iTunes and the royalties that I have seen quoted there off-set these numbers by a pretty far gap.

      I'm glad you're doing your own research. Last thing I would want is for you to rely on my anecdotal information. However, the record companies are even worse about accounting for digital royalties than they are about cd's... it's harder to audit that. So if your research tells you otherwise, you'd better do some more research.

      It still all comes down to the original question of the oft quoted "0.02".

      I think that was just a metaphor. In the example from that music lawyer, the number was "0.00" (actually less because there were still unrecouped "expenses".) In most cases the number is "0.00".

      If these numbers in your example are set by a legitimate recording and it's sale than the artist actually walked away with 0.10 for doing nothing more than putting out an album regardless of it's sales.

      That's an odd way of looking at it. Your analysis is way off.

      1. "nothing more than putting out an album"? The whole thing is "putting out an album". That's the music. That's the creation. That's what it's all about.

      2. The artist -- probably a band composed of 3 to 5 individuals -- did not pick up $50,000; they had to pay at least $10,000 to $15,000 of that to their manager and to their lawyer. And like the rest of us they had to pay taxes etc. And they had to split it 3 to 5 ways. And then they have to wait years and years, and probably will wait until eternity, to ever see a nickel.

      3. But even if they had gotten 50,000, while the record company took out 624,000, most of which was pure profit to the record company.... that is ridiculous.

      If you're a musician, and you sign up for one of those recording agreements in this day and age, all I can say is.... you're dumb.

      --
      Ray Beckerman +5 Insightful
  97. Re:Welcome to Slashdot by rtechie · · Score: 1

    Others cited the Courtney Love article. Dig into it and you can find lots of similar stories from independent artists.

    You won't hear one word about this from the major labels. If you're a media person and you want to talk about their contracts they'll hang up on you. According to them, anything even remotely related to their finances is confidential. One of the reasons they're not independent anymore is to hide their financial filings, which are basically fraudulent.

  98. Re:Welcome to Slashdot by peipas · · Score: 1

    In case you want to discuss merits rather than the folly of those arguing them, we're talking about an organization who has been giving love in order to suckle off the teat of pro-IP legislation such that copyrights now never expire, and even after this governmental handholding are insisting that even fair use is bogus. Yeah, there are merits.

  99. whoops! by Anonymous Coward · · Score: 0

    next time i'll use peer guardian!

  100. Bad choice of words. by shark72 · · Score: 1

    "So to be sued for having music files on my computer is an insult."

    While the enemy (content producers) tend to lie and cheat, we should still strive to take the high road.

    While I'm sure the record industry would rather that we not have music files on our computer unless they were purchased in digital form, that's not what she was sued over.

    "Putting music files on your computer" and "Putting music files on your computer and then running file-sharing software" is a difference which may be indistinguishable to some, but it makes all the difference as far as the law is concerned.

    --
    Sitting in my day care, the art is decopainted.
  101. Re:Welcome to Slashdot by NewYorkCountryLawyer · · Score: 2, Informative

    I'm asking to have someone cite a source. Not to come up with numbers that they can't even confirm.

    My source for what I said was actual recording agreements and actual royalty audits. Sorry they're not posted on the internet.

    --
    Ray Beckerman +5 Insightful
  102. By Neruos by Anonymous Coward · · Score: 0

    Fight the good fight?

    I'm sorry, but what did she do? Was she building the case? documenting the tatics? researching the topics? No, her attorneys were doing all that. All she had to do was show up in court (if required) and pay, and it's not like she was in court every day.

    She obviouslly was running out of money and she knew she wasn't going to win. That is why she backed down.

  103. Re:$3 in actual damages in Legal Fees by TaoPhoenix · · Score: 1

    Dear NYCL,

    Can $3 get them a logo branded pen from your office? : )

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  104. Re:Welcome to the Music Industry by blind+biker · · Score: 1

    and if you can't see why then I'm not going to explain it again.

    Again? You never explained jack in the fist place.

    Just because you got some mods-on-crack to mod your original post up, doesn't make it valuable or truthful, and does NOT fool the majority of its readers.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  105. Who funded this prosecution? by Builder · · Score: 1

    So who paid for this woman to be prosecuted? Well, if you bought any music by any of the bands at http://www.atlanticrecords.com/artists just before or during this trial, then YOU might have helped to fund this prosecution.

    Artists that financially support this action include: Bjork, Jimmy Page and Robert Plant, Led Zeppelin, Missy Elliot, Rob Thomas and Bloc Party.

    Were YOU funding any of this terrorism ?

  106. Re:Killing music for everyone - astroturfers by bit01 · · Score: 1

    Can you PLEASE write the same two paragraphs in every music/RIAA/etc related thread? Because it seems a lot of people don't know this.

    Oh, RIAA/MPAA astroturfers know this; they're just pretending they don't know it.

    Whenever you see a lot of repetition and redundancy you can be reasonably sure some marketing parasite is involved. Like all mass market advertising they're trying to drown out legitimate view points with content-free noise.

    ---

    Marketing talk is not just cheap, it has negative value. Free speech can be compromised just as much by too much noise as too little signal.

  107. Making available by Anonymous Coward · · Score: 0

    There is no difference (to a typical windows user) in making files available for oneself and making files available so that everyone can see them.

    It seemed to me that making them available for yourself is covered under fair use. Because there is no distinction you cannot prove the original intention. just my 2c

  108. What the hell? by SmallFurryCreature · · Score: 1

    She is the one who ends up paying. You a slashdot editor or something? Good job on the Duke Nukem Forever story earlier.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  109. Re:No thug by Anonymous Coward · · Score: 0

    Wow.

    A self-fulfilling "Whoosh!"

    Ohh, what's really going to bake your noodle later on is, would he still have whooshed it if you hadn't said anything?

  110. -1 Disagree by Anonymous Coward · · Score: 0

    Dude,

    No matter how stupid someone's defense of RIAA is, there's a reason there is no -1 Disagree.

    1. Re:-1 Disagree by NewYorkCountryLawyer · · Score: 1

      there is no -1 Disagree

      Now you tell me.

      --
      Ray Beckerman +5 Insightful
  111. Re:Welcome to the Music Industry by Anonymous Coward · · Score: 0

    Actually, their business model was based entirely on creating a unique and brilliant piece of software and selling it for millions. Omg, teh horror. I know.

    The fact that you jump to the erroneous and foolish conclusion that they set out to be super duper masterminds of crime shows us where you fall in this discussion.

    We have a word for folks like you: Shill.

  112. re: dramatic? Depends how you interpret that! by King_TJ · · Score: 0, Troll

    I absolutely agree that the US courts, RIAA, or really ANY organization out there can "end 50,000 years of the creation of music".

    But that's not the point, really. The recording industry, in all of their greed and short-sightedness, really is damaging people's ability to enjoy music the way the artists intend it to be heard.

    Have you seen the disgrace that is "digital mastering" in the big studios these days? Look at the waveforms of samples taken from recently released rock music CDs, if you don't believe me. They're so involved in a pissing match to release the "apparently loudest" tracks, they're compressing and normalizing the content to death. If they can find 1db of headroom they haven't saturated, they'll find it someplace in the pre-production stages. Most of the stuff out there has a waveform that looks like a rectangular block, not waves!

    I like music from bands like the Foo Fighters and Breaking Benjamin, or the Red Hot Chili Peppers, but my ears get fatigued after only a couple tracks off any of their recent albums. It's because the studios have ruined the original recordings, boosting all the quiet portions of the songs and flattening the peaks to make it all an equally "hot" mix. Total ripoff!

    It's very possible to claim the record industry really *is* playing a huge role in alienating a generation from enjoying music as it's meant to be heard. It's not only an issue of cost, or not making the content legally available in the formats people prefer or demand ... but they're physically destroying the QUALITY of the recordings too!

  113. Re:Welcome to the Music Industry by argent · · Score: 1

    Actually, their business model was based entirely on creating a unique and brilliant piece of software and selling it for millions.

    Just because software is brilliant and unique doesn't mean it will sell for millions.

    Business models aren't based on making a better mousetrap, they're based on finding use cases that are so compelling that people buy them.

    The primary use case for Napster was "unauthorised sharing of copyrighted files". The role that Napster themselves played was acting as the go-between. That was why people paid money for the program, not because it was an efficient file transfer tool, but because it gave them plausible deniability while they shared ripped tracks... and Napster thought it gave THEM plausible deniability too because their servers were just getting traders together, not hosting any files.

  114. MOD PARENT UP by ClioCJS · · Score: 1
    That is the whole point of fair use - archival copies for backup purposes. The idea that if you've lost the original, you no longer have rights for the mp3s does not sit right with me!

    Everyone: Make sure that if your stuff is stolen, that you file a police report, so that you can prove you once owned these discs.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  115. Re:Files and milk crates. by tanner_andrews · · Score: 1

    Yes, it does. It violates the exclusivity of the copyright. The right of property is the right to exclude

    I agree that making unauthorized copies violates the exclusivity of the copyright. I also agree that one of the sticks in the bundle of rights is the right to exclude.

    It does not follow that violation of copyright is stealing. In order for that conclusion to hold, we would need another assertion, namely that violating any property right is stealing. Alternatively we would need the assertion that the right to exclude is the only stick in the bundle of rights.

    That such is not the case is easily demonstrated with real property. When I trespass, I am violating the right to exclude. None would argue otherwise. Yet truly, I am not stealing the realty. I am not interfering with the right to possess, another stick in that bundle. When the police get here, they are going to have me up for trespass, not stealing or burglary.

    The same is true of personalty; we thus have trespass to chattels, where I damage your property, I do not steal it. When I hack into your computer and program it to injure itself, I have not stolen your computer. You still possess it; I may never even be in the same state as the property upon which I trespassed. If it is a virtual server, there may not even be any property outside of our imaginations, but you still possess whatever you possessed before.

    Historically, there were things I could do with your wife that would violate your rights in her. There it is impossible to argue that I have taken anything other than improper liberties.

    A copyright is a property right, though the nature of the property is a little more elusive than realty or ordinary chattels. If I violate your right to exclude, perhaps by making an unauthorized copy, you still have your copyright. You still have all your physical chattels, too, being the legitimate copies you made and keep for sale. I have taken nothing from you except a potential sale, and your remedy ought to be in damages for the lost sale rather than replevin for misappropriated chattels.

    Copyright is even more extravagant than that. It is possible to infringe a copyright by allowing the public to view part of a copy in the background on television for a few seconds. Ringgold v. B.E.T., 126 F.3d 70 (US 2d Cir., 1997). This is true even if I legitimately purchased the copy from you. Few other than the RIAA would say that I took anything from you when that copy was in the background on television. If you did not keep a television, and simply inventoried your things, you would never detect the infringement. Had I stolen something, your inventory would surely reveal it right away.

    Not every violation of a right is stealing. If one does not take something with intent to deprive the owner, one does not steal. Copyright infringement violates a right, but does not steal. That's why the remedies differ.

    --
    Tilt at windmills. Occasionally one will fall over out of sheer surprise.
  116. Re:Files and milk crates. by mr_matticus · · Score: 1

    In order for that conclusion to hold, we would need another assertion, namely that violating any property right is stealing.

    No, we would merely need to refer to the definition of stealing, whose legal construction is nothing more or less than unauthorized acquisition. We can also refer to the applicable lay definitions: taking without legal right; dishonestly pass off as one's own; gain unexpectedly, surreptitiously, or through exploitation; appropriate without right or acknowledgement; or any of the dozens of others from the OED and elsewhere that apply.

    When the police get here, they are going to have me up for trespass, not stealing or burglary.

    Merely because the police cannot arrest anyone for stealing; it is not a crime. Trespass certainly is stealing, as it is an unlawful assertion of a right.

    Historically, there were things I could do with your wife that would violate your rights in her. There it is impossible to argue that I have taken anything other than improper liberties.

    Interesting that you would bring this up, since it actually contradicts your entire point: those historical rights are based in the marital property, which has for over a century (except in Louisiana) been an outmoded way of thinking. Historically, it would be a form of stealing. Today, it would be "improper liberty".

    If I violate your right to exclude, perhaps by making an unauthorized copy, you still have your copyright.

    I do not. That's the entire point of copyright infringement. Violation of that exclusive right cannot be undone--that copyright is forever diminished by your action, and there are damages even if you subsequently destroy all of those unauthorized copies, albeit significantly mitigated ones.

    Not every violation of a right is stealing.

    Indeed. Every violation of a property right wherein a right is unlawfully asserted as one's own, to the detriment of the rightsholder, however, is.

    This is true even if I legitimately purchased the copy from you. Few other than the RIAA would say that I took anything from you when that copy was in the background on television.

    On the contrary, what is taken is the guaranteed right of public display. The RIAA has nothing to do with it. You did not purchase the right to publicly display, so again you introduce an argument from ignorance (or at the very least, an imprecise and ham-fisted attempt to distract from the issue). Whether you bought a copy or not has zero relevance.

    If one does not take something with intent to deprive the owner, one does not steal.

    No. You are using the definition of theft and thereby creating the most threadbare of straw men. Theft is stealing, but stealing is not theft.

  117. Re:Files and milk crates. by tanner_andrews · · Score: 1

    Theft is stealing, but stealing is not theft

    I am sorry, but neither I nor the dictionary see any real difference. In short, our disagreement is over whether we can distinguish theft from stealing, and that I do not much credit your distinctive definition of stealing as ``unauthorized acquisition''.

    The American Heritage Dictionary defines stealing as ``1. To take (the property of another) without right or permission.'' I believe this is a fairly good statement of the common understanding of stealing. As an intransitive verb, steal is defined as ``1. To commit theft.''

    The difference between infringment of copyright and stealing is simply this: when I infringe the copyright, I do not actually take anything. Your characterization, that ``what is taken is the guaranteed right'' is erroneous. I no more take the right, though I trample upon it, than I take your land when I trespass over it in my big boots.

    You still have the rights of copyright after I have infringed. If you did not, your suit against me for infringement would fail. One of the elements, indeed the key, is that you have the copyright.

    Furthermore, you still have the ability to exercise your rights. My infringement will not prevent you from distributing or exhibiting legitimate copies. I displaced sales, but that does not prevent you from making and selling legitimate copies after you shut me down. Your remedy for the displaced sales is money damages, not replevy of wrongly detained property.

    I have acquired nothing of yours, stolen nothing from you. Yet I have still injured you, in that you expected to have revenue from the sale of a copy and now you do not. Thus, you will sue me, not for stealing but for infringing your right.

    --
    Tilt at windmills. Occasionally one will fall over out of sheer surprise.
  118. Re:Files and milk crates. by mr_matticus · · Score: 1

    The American Heritage Dictionary defines stealing as ``1. To take (the property of another) without right or permission.'' I believe this is a fairly good statement of the common understanding of stealing. As an intransitive verb, steal is defined as ``1. To commit theft.''

    The American Heritage Dictionary (a poor choice, at that) lists several definitions for stealing. The point remains that theft is included in the definition of stealing, but they are not coterminous in the least. Even looking at a dictionary shows you this.

    You still have the rights of copyright after I have infringed.

    Infringement is the unlawful assertion of a copyright. It is a taking. That's what makes it unlawful in the first place. If you take a peach from a fruit stand, you still legally have the rights in that peach. That's what makes you prevail in an action for theft. You are making a poor argument and repeating it in a broken loop.

    Furthermore, you still have the ability to exercise your rights.

    Not against you, I don't, as you have taken it upon yourself to exercise my exclusive rights. Again, this is the entire wrong you have committed.

    I have acquired nothing of yours, stolen nothing from you.

    Your density is nothing short of amazing. The copy belongs to me. If it did not, I could not sue you for infringement. You have taken a copy, and you have asserted in doing so a right to copy.

    Thus, you will sue me, not for stealing but for infringing your right.

    You cannot sue for stealing! Period.

  119. Re:Welcome to the Music Industry by euxneks · · Score: 1

    When I first used Napster it was free? Are we talking about the same software here?

    --
    in girum imus nocte et consumimur igni
  120. Re:$3 in actual damages in Legal Fees by Anonymous Coward · · Score: 0

    That's a good idea. I ought to start doing something like that, using "NewYorkCountryLawyer" merchandise as a fundraiser.

  121. Re:$3 in actual damages in Legal Fees by NewYorkCountryLawyer · · Score: 1

    That's a good idea. I ought to start doing something like that, using "NewYorkCountryLawyer" merchandise as a fundraiser.

    --
    Ray Beckerman +5 Insightful
  122. Wow. by Anonymous Coward · · Score: 0

    Issues like this and those that have been brought on by the RIAA are a large worry for me. To top it all off, our elected officials are being lobbied by the RIAA/MPAA. There needs to be a new vision taken in combatting this online bullying by prospective authorities on the consumer-base. I was reading an article at theReformed ( http://thereformed.org/2008/08/27/riaa-lobbies-at-dnc/ ) by Jon Longoria which really laid out a plausible options for strategy in beating them at their own game, but really - how do we start this?

  123. multisync YOUR AN IDIOT! by Anonymous Coward · · Score: 0

    We had milk crates filled with albums....

    She'd better watch out, or the milk company will be after her for stealing their crates.

    go to hell you stupid fascist!