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New TN Law Forces Universities To Patrol For Copyright Violations

CSMatt points with this excerpt from the EFF's page: "Last week, the RIAA celebrated the signing of a ridiculous new law in Tennessee that says: 'Each public and private institution of higher education in the state that has student residential computer networks shall: [...] [R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources, if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 within the preceding year.' While the entertainment industry failed to get 'hard' requirements for universities in the Higher Education Act passed by Congress earlier this year, the RIAA succeeded in Tennessee (and is pushing in other states) with this provision that gives Big Content the ability to hold universities hostage through the use of infringement notices. Moreover, the new rules will cost Tennessee a pretty penny — in the cost review attached to the Tennessee bill, the state's Fiscal Review Committee estimates that the new obligations will initially cost the state a whopping $9.5 million for software, hardware, and personnel, with recurring annual costs of more than $1.5 million for personnel and maintenance."

331 comments

  1. Nashville's recording industry by Leebert · · Score: 5, Insightful

    How is this surprising? The recording industry is a multi-billion dollar industry in Nashville.

    1. Re:Nashville's recording industry by Drakkenmensch · · Score: 5, Funny

      Who in their right mind would even want to steal country music? You couldn't pay me enough to accept it legally.

    2. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Who in their right mind would even want to steal country music? You couldn't pay me enough to accept it legally.

      That sounds like a song!

      I broke my toe when I stole some songs.....

      My wife left me for my maid Sue Wong....

      My dog bit me when I was young...

      I hate movies, with Sean Young....

      Everybody now!

      Life is su...cky....

      Don't step in the muck

      Come on! everyone!

    3. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      It surprised me, anyhow. Where exactly is Nashville ? Sounds like an excellent spot to hold a dentists' convention !

    4. Re:Nashville's recording industry by theaveng · · Score: 4, Interesting

      Country music is the most popular form of music in America according to Arbitron radio ratings.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    5. Re:Nashville's recording industry by tripdizzle · · Score: 1

      "...cost the state a whopping $9.5 million for software, hardware, and personnel, with recurring annual costs of more than $1.5 million for personnel and maintenance."

      Then they should have to pay for the infrastructure necessary to track/stop the violations.

      --
      "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
    6. Re:Nashville's recording industry by ElizabethGreene · · Score: 4, Insightful

      The timing and pricetag are rather surprising, considering the state's current 800 Million dollar projected budget shortfall.

      -ellie

    7. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Who listens to the radio?

    8. Re:Nashville's recording industry by hey! · · Score: 4, Insightful

      Wrong question.

      Right question: who in their right mind would want to steal music dumbed down to music industry specifications?

      Hank Williams Sr., Bill Monroe, Roy Acuff, the Carters, Johnny Cash, Carl Perkins -- the list goes on of worthwhile country musicians. The industry isn't run by creative people, it does its best to strangle of the life out of any kind of music it touches.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    9. Re:Nashville's recording industry by Anonymous Coward · · Score: 0, Funny

      Rednecks, apparently.

    10. Re:Nashville's recording industry by Alarindris · · Score: 4, Insightful

      Absolutely. Hell, Les Paul basically invented multi-track recording. He was decades ahead of his time.

    11. Re:Nashville's recording industry by rubycodez · · Score: 5, Funny

      how bigoted of you. People in that region listen to more than just country music. They have both kinds of music, country and western.

    12. Re:Nashville's recording industry by cavis · · Score: 1

      A very valid point. And with that industry comes legislators from that community or with direct ties, as well as a strong music industry lobby.

      And, this stands in stark contrast to what is happening in Michigan with the state government versus the RIAA.

    13. Re:Nashville's recording industry by mc900ftjesus · · Score: 1

      Terrestrial radio? How quaint.

    14. Re:Nashville's recording industry by theaveng · · Score: 1

      Quaint, yes, but also free (I like that word). And it's not blocked by my idiot employer.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    15. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Glad I don't live in Tekken!

    16. Re:Nashville's recording industry by Wovel · · Score: 2, Insightful

      It is not "free" , stop believing the lies. Every time you sit through a commercial you have "paid".

    17. Re:Nashville's recording industry by dkf · · Score: 1

      It is not "free" , stop believing the lies. Every time you sit through a commercial you have "paid".

      No. You're just not the customer. You're the user (well, assuming you like country music) but it is the advertiser who is the customer.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    18. Re:Nashville's recording industry by noundi · · Score: 0, Flamebait

      That says a lot about America, and radio, and humanity and the apocalypse. Wow, who knew country music could be so destructive?

      --
      I am the lawn!
    19. Re:Nashville's recording industry by theaveng · · Score: 1

      >>>Every time you sit through a commercial you have "paid".

      Good thing I have 10 stations programmed into my radio dial so I can skip commercials. ;-) I suppose I could get commercial-free XM satellite radio at $13 a month, which is about 1 hour's pay (after taxes), but I'm satisfied with the terrestrial broadcast radio. I've been listening to FM97 or WARM103 or WMMX Baltimore for most of my life. It's there; I don't pay anything; why change?

      I know a lot of today's teens listen to Ipod music. Although I own an MP3 player, it's currently-filled with Teaching Company lectures - no room for music in its flash memory.* So I listen to radio instead.

      *
      * When driving I listen to both the MP3 lecture and the radio-music at the same time.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    20. Re:Nashville's recording industry by Stanislav_J · · Score: 5, Insightful

      Country music is the most popular form of music in America according to Arbitron radio ratings.

      And McDonald's is the most popular restaurant. Which just proves the American people have no taste in either music or food...

      --
      "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    21. Re:Nashville's recording industry by mcgrew · · Score: 3, Funny

      Hey, y'all, git da hail out'n my trailer park! Damn city slickers! Whut's the differnce 'tween a violin and a fiddle?

      People LIKES fiddle music!

    22. Re:Nashville's recording industry by tg123 · · Score: 1

      Nashville's recording industry is not the one of the reasons the University would "Patrol for Copyright Violations". The Universities in this state were probably begging the Law makers for this so they could justify using draconian measures. The reasons University's are doing this is because they want to enforce there Intellectual Copyrights. If they were to have a court case involving Intellectual Copyright and one of the lawyers from other side said well the University doesn't enforce music copyrights. I would imagine the the university would look kind of bad, maybe even lose the case. Tell me of a University that you have visited lately that doesn't have signs up telling you about how copying is bad and illegal. There very big on this at the moment even the lecturers are infected. Sad thing is a lot of discoveries in the past have been where researchers have shared there work and there was no concept of Intellectual Copyright. a good example is the research into DNA http://porpax.bio.miami.edu/~cmallery/150/gene/DNAdiscovery.htm

    23. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Anyone know whom to "thank" for this bill/law? Those state representative(s) should give up all their pork barrel funding to cover the costs.

    24. Re:Nashville's recording industry by ahodgson · · Score: 1

      Technically speaking .... you're the product.

    25. Re:Nashville's recording industry by theaveng · · Score: 1

      Yep. Radio and television stations sell people. "We will give you 3 million people watching your ads during Heroes this spring." They draw us in using the bait (free music/dramas). Which is fine with me, because I enjoy the bait. It's entertaining and better than staring at a wall after work.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    26. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Don't be so insulting to the people living in "fly over" states. Those idiots hear that sit and vote Republican* as a result. Ruined the previous 2 elections...

      *I like the fiscal conservatives who are somehow still in the Republican party (Go Ron Paul!) but the Republican party is not conservative. The Republican party is the party of the narrow-minded, literalist Religous wrong.

    27. Re:Nashville's recording industry by popeye44 · · Score: 1

      While I do agree with your list, to not include newer artists like Alan Jackson and George Strait would be to infer that no new country music is good. In Fact there are newer artists who hold true to the roots of country and are great songwriters as well.

      I am a mish-mash listener of music. I can have Metallica next to my Hank Sr. and it not bother me a bit. "not to infer that metallica is the best of that genre."

      --
      Inane Comments are Generously Disregarded
    28. Re:Nashville's recording industry by jafiwam · · Score: 2, Funny

      Well it sure as heck isn't if you look at torrent populations.

      Pop, rap, rock, punk, classical, the freaking Wiggles, etc. are all easier to find than country.

      Either it's just not popular, or something about the people that like it keeps them from....

      Oh.

      Nevermind.

    29. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      The surprising part is that Tennessee has universities!

    30. Re:Nashville's recording industry by solraith · · Score: 2, Informative

      Not to mention a line of signature guitars used in plenty of genres outside country.

    31. Re:Nashville's recording industry by eltonito · · Score: 1

      And you forgot about the Tennessee Board of Regents budget cuts that are sending state universities and even downstream community colleges scrambling to cut programs and raise tuitions to cover the gap.

      I suspect the folks who will end up paying for this are the very students that are being policed. They can just slip it into the "Technology Access Fee" or some such nonesense that students are already forced to pay even if they don't access any technologies.

      Seriously guys, great job on such wonderfully timed legislation. I expect in the next 2 years we'll be seeing more embarassing stories like this about the Tennessee State Legislature given the direction it went in the last election.

    32. Re:Nashville's recording industry by Cokeisbomb · · Score: 1

      I implore anyone to find a better meal than a Double Cheeseburger at McDonald's for the price of $1. It's truly quite amazing that you can eat a decent, consistent product at the price. And I'm being serious, no really.

    33. Re:Nashville's recording industry by sumdumass · · Score: 3, Insightful

      McDonalds is popular because of consistancy and market penetration combined with geed marketing.

      Country Music is popular because it stretches across a broader range of influences. You have blues and bluegrass on one end and pop on the other with combination of everything in the middle. All the other forms of music is severely limited in ranges and style and attract more people because of the influences in the style then genre itself. Someone who listens to bluegrass will likely also listen to pop country too. Someone who listens to light rock will probably not listen to speed metal or death metal. To them, crossing to country is probably more appealing. Anyways, if you can't stand country, it is probably because you haven't heard enough songs across the range (IE, People like the Dixie chicks or kenney Chesney because they are closer to rock country or pop country but they don't like the yodeling works of Jimmie Rodgers. Here are a few pages talking about the differences in styles within the genres.

      Of course I sort of feel the same way as you expresses about rap music. But I have to admit, there are some rap songs that I can tollorate and actually like, I just can't stand the others long enough to buy those CDs or listen to the radio stations waiting for the songs.

    34. Re:Nashville's recording industry by Crash+Culligan · · Score: 1

      And what's the difference between a violin and a viola?

      The viola burns longer.

      --
      You cannot truly appreciate Dilbert until you read it in the original Klingon.
    35. Re:Nashville's recording industry by Nadaka · · Score: 1

      funny as it sounds. I wasn't even allowed to listen to country as a child. I was allowed to listen to both kinds of music. Christian and Gospel. As a result my family kept the radio locked away for emergencies.

      I spent most of my life thinking I hated music. It was only later that I found out that I liked it, just that the only music I was allowed to listen to sucked.

    36. Re:Nashville's recording industry by NotAsGeekyAsYou · · Score: 1

      Given my tuition hikes and the sad state of technology on my campus, I'm guessing they haven't spent my technology fee money anyway.

    37. Re:Nashville's recording industry by b4upoo · · Score: 1

      Funny, it seems to me that the major function of government is to extract money from the working classes and give it to the lazy. Quite a few people are really tired of supporting Wall St. brokers and bankers.

    38. Re:Nashville's recording industry by spire3661 · · Score: 1

      I liked country back in the day, before the mess of pop it became. Damn you Billy Ray Cyrus.

      --
      Good-bye
    39. Re:Nashville's recording industry by b4upoo · · Score: 1

      I've met a few big time country musicians and they seem like the most wonderful people in the world. Another thing the public sometimes fails to grasp is that many of these musicians have huge technical talents.

    40. Re:Nashville's recording industry by Technician · · Score: 1

      Would they get the message if higher education simply left the state?

      Other states would have an interest in retaining higher education and may reject these terms that may do away with higher education campuses.

      Care to do all your higher education online after the campuses become concert venues?

      --
      The truth shall set you free!
    41. Re:Nashville's recording industry by pod · · Score: 1

      It's the same with most other genres as well. Be it rock (from pop, to folksy, to hard, crossing into grunge, punk, metal and industrial), techno/electronic (dance, trance, space, tribal, minimalistic, speed/hardcore, vocal, progressive, beeps&bleeps, d&b, ambient), there is a lot of different types of music that would appeal to people who identify themselves as liking a particular type of music only. I say I don't like country, but that is not true, because I _DO_ like lots of types of country music, just not the types usually played on "country radio". If you limit yourself to just the narrow space you are familiar with, you will be missing out on a lot of good music that you will probably also like just as much.

      --
      "Hot lesbian witches! It's fucking genius!"
    42. Re:Nashville's recording industry by hairyfeet · · Score: 2, Insightful

      Actually Nashville has a very large Goth,Metal,Underground,and college pop scene. I spent a couple of years there and was quite surprised that it wasn't all shit kicking red necks. I guess being a long hair from AR I expected the usual complete hassle,and instead found a quite progressive music scene.

      That said,we all know this has NOTHING to do with artists or music. This is greed by middle managers,pure and simple. Nobody EVER asks the musician on the ground what they think,and no,asking Metallica sitting in their mansions what they think is NOT asking musicians on the ground,since so few will ever get to have the huge paychecks that they enjoy. Let us be honest here,copyrights are simply broken beyond repair. For those that think copyrights in their current form can be saved,well,I have said this before and I will say this again.

      For those of you that thinks copyrights aren't broken I simply have one sentence for you: Steamboat Willie is STILL under copyright. The man has been dead for half a century now,and his FIRST work,one made when cars started with a crank and antibiotics still hadn't been dreamed up yet,is STILL under copyright. I think that we can all agree that when copyrights last longer than most human lifetimes that the system is completely broken.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    43. Re:Nashville's recording industry by IndustrialComplex · · Score: 1

      Someone who listens to bluegrass will likely also listen to pop country too. Someone who listens to light rock will probably not listen to speed metal or death metal

      Oddly enough, I like power metal and bluegrass, but dislike pop country.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    44. Re:Nashville's recording industry by kosty · · Score: 1

      Don't be so insulting to the people living in "fly over" states. Those idiots hear that...

      Which idiots? Those in "fly over" states you said not to insult? No prob...

      --
      "Democracy." It's just a slogan.
    45. Re:Nashville's recording industry by multisync · · Score: 1

      Every time you sit through a commercial you have "paid".

      No. You're just not the customer ... it is the advertiser who is the customer.

      The fact that advertiser is the customer does not mean that the listener is getting the music "free." I don't use the local transit system much, so I'm not really its customer, but my taxes subsidize it, so I am paying for it. You don't have to be the "customer" to get stuck with the bill.

      As the gpp said, the listener pays for it every time (s)he listens to a commercial.

      --
      I don't care why you're posting AC
    46. Re:Nashville's recording industry by k_187 · · Score: 1

      Easy, Wendy's Double Stack. Wendy's Value Menu > McDonald's

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    47. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Sitting here in Nashville, listening to Allan Holdsworth...

    48. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Weird, I read this as (twice, as I was confused since you were modded interesting)

      "Country music is the most popular form of music in America according to Abortion radio ratings."

      Save an unborn child, don't listen to Country!

    49. Re:Nashville's recording industry by Anonymous Coward · · Score: 1, Informative

      You can almost certainly make a burger at home for $1 that will have less saturated fat and more protein. That means fewer empty calories. And that's just burgers. Using leaner meats, forgoing the bun, and replacing the cheese with milk, almonds, and apples, you can get a fuller, healthier, better tasting meal for $1.

      The real value McDonald's offers is convenience.

    50. Re:Nashville's recording industry by davester666 · · Score: 1

      So, you're saying that businesses like country music?

      --
      Sleep your way to a whiter smile...date a dentist!
    51. Re:Nashville's recording industry by spikedvodka · · Score: 1

      Read a book already... it's more entertaining than TV

      --
      I will not give in to the terrorists. I will not become fearful.
    52. Re:Nashville's recording industry by macdaddy · · Score: 1
      Alan Jackson, George Jones, George Strait, among others.

      In case you haven't heard the story behind Alan Jackson's performance of George Jones' "Choices" song at the 1999 CMAs:

      http://www.takecountryback.com/reviews/ajdrive2.htm

    53. Re:Nashville's recording industry by snaildarter · · Score: 1

      Amen, brother. Same here.

      --
      Japanese scientist: Technically, sir, tomatoes are fags. Military scientist: He means fruits.
    54. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      I implore anyone to find a better meal than a Double Cheeseburger at McDonald's for the price of $1. It's truly quite amazing that you can eat a decent, consistent product at the price.

      And I'm being serious, no really.

      And many millions of people in the USA wholeheartedly agree with you. Which proves that American people have no taste in food, as the GP said.

      But don't worry, having bad taste is not all bad. In fact, is is very good for your wallet. For $1 you get the level of satisfaction that someone with very sophisticated taste will only get from a meal many times more expensive. That is a huge advantage in your favor.

    55. Re:Nashville's recording industry by steveg · · Score: 1

      Doesn't matter. It's bait.

      I don't much care for worms. Doesn't much matter, as long as the fish like 'em.

      --
      Ignorance killed the cat. Curiosity was framed.
    56. Re:Nashville's recording industry by fishbowl · · Score: 1

      >No. You're just not the customer.

      You are the *product*.

      --
      -fb Everything not expressly forbidden is now mandatory.
    57. Re:Nashville's recording industry by mjwx · · Score: 1

      Hey, y'all, git da hail out'n my trailer park! Damn city slickers! Whut's the differnce 'tween a violin and a fiddle?

      People LIKES fiddle music!

      Hey Pa, git off the dang Tubes.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    58. Re:Nashville's recording industry by atraintocry · · Score: 1

      Where I'm from, there's no way you could get all those groceries and make a burger for a dollar. The ground beef alone is going to be most of that dollar. Then you still have to buy the bun, onion, etc.

    59. Re:Nashville's recording industry by TheDormouse · · Score: 1

      I disagree.

      I generally don't eat at McDonald's. But every few years I give it a try since it's an American institution, couldn't possibly still be as bad as I remember, blah blah, etc.

      A few times I've tried the double cheeseburger. Neither of the two beef patties taste like beef and the cheese does not resemble cheese to me either. One time, I actually vomited after eating it. Consistent? Yes! Consistently nauseating.

      I've had some McDonald's chicken sandwiches that were passable as food. The last chicken nuggets I consumed were palatable. McDonald's fries are actually quite tasty, but not so much so that I'm going to visit just for fries.

      For around $1, you can get a much tastier burger-genre meal at Burger King or Wendy's.

    60. Re:Nashville's recording industry by atraintocry · · Score: 1

      I largely agree with you and it's nice to hear from someone who doesn't repeat the same old "country sucks" meme.

      Someone who listens to bluegrass will likely also listen to pop country too.

      But here's where we differ. As you say, there's quite a range within country. I wouldn't go as far as to include bluegrass, though. Strange as it sounds, I'd guess that their audiences don't overlap much (assuming that you define "country" as Shania Twain et al. Your average Gram Parsons fan tends to be a little more informed, I'd think).

      Today's country is straight pop. I hate to have to say this but...following the explosion of crossover artists like Garth Brooks in the 90s, the only thing really separating radio country from radio pop is the absence/presence of black musicians (yeah yeah, Charlie Pride, I know).

      I'm sure a lot of people will be offended by that. I don't mean to condemn anyone. I'm certainly not making a statement about the listeners of country music. It's just the way it is. Life is weird.

      I love Gram Parsons, George Jones, Johnny Cash, Alison Krauss, etc. And I love bluegrass. And I hate today's country-pop. I'm not including artists like Alison Krauss (how could you hate her?!). Anyway, I'd imagine it's the same with a lot of people. Either you like country, or you like the crap that passes for it today, in which case bluegrass isn't going to find its way into your collection.

      Similarly, fans of Led Zeppelin probably aren't lining up to buy Hoobastank tickets because they're both rock.

    61. Re:Nashville's recording industry by atraintocry · · Score: 1

      If I had to guess, I'd say you're a fan of fast playing. I'd be interested to hear what you think of this:

      http://www.youtube.com/watch?v=AD5Tc2TDCmM
      "Redneck Jazz Explosion - Gatton & Emmons"

    62. Re:Nashville's recording industry by rfc1394 · · Score: 1

      You can almost certainly make a burger at home for $1 that will have less saturated fat and more protein. That means fewer empty calories. And that's just burgers. Using leaner meats, forgoing the bun, and replacing the cheese with milk, almonds, and apples, you can get a fuller, healthier, better tasting meal for $1.

      The real value McDonald's offers is convenience.

      I think it's going to be extremely difficult to make the equivalent of a double cheeseburger for $1. You priced milk, almonds and apples lately? Milk is around $4 a gallon, almonds are around $5.50 a pound, apples at $2.50. You're not going to do it for $1 unless you're buying many dollars worth, which I think defeats your argument. If you're going to buy at least $20 worth of supplies you might be right, but for someone who wants $1 or $2 worth of cheeseburgers it's going to cost much more to make it the way you suggested. For bulk purchases it might work, but not for small amounts.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    63. Re:Nashville's recording industry by TheoMurpse · · Score: 1

      Well that proves you have no taste or are terribly ignorant about the great country artists who have existed through time. Emmylou Harris, Johnny Cash, Hank Williams, Willie Nelson, George Strait, etc.

      In my opinion, modern country music is trying too hard to be rock and pop, but country music had a lot of great artists until about 15 years ago.

    64. Re:Nashville's recording industry by Anonymous Coward · · Score: 0

      Don't be so insulting to the people living in "fly over" states. Those idiots hear that...

      Which idiots? Those in "fly over" states you said not to insult? No prob...

      Whoosh...

  2. Money "well" spent by richien6 · · Score: 2, Insightful

    To be honest I can usually be a little uninformed about the RIAA and DRM and whatnot...
    But come fu*king on! Why the hell would you spend millions of dollars on protection like this?? That money could sure as hell be spent elsewhere, since not only could the rest of the world use it but also even the USA themselves...

    --
    Slashdot user since
    1. Re:Money "well" spent by darkfire5252 · · Score: 5, Interesting
      As a University of Tennessee student, I am pretty pissed. I posted copies of the Ars Technica (I believe) article that discussed this bill as it was making its way through the congress; absolutely everyone who read it was amazed and pissed that such a thing was even being talked about, including university employees that will become responsible for enforcement. Even worse is the fact that the University of Tennessee is currently undergoing massive budget cuts, and I'm sure that this money that now legally must be spent will be dollars that used to be used educating Tennesseans and others.

      Regarding budget cuts, from the campus paper linked above:

      The University of Tennessee system sustained an initial $21.2 million budget cut in June, followed by an additional October impoundment of $17 million. All campuses have been affected and have taken similar measures, of varying degrees of severity, to offset these reductions.

      As a result of the initial cut, the Knoxville campus reduced its budget by $11,452,500; the Chattanooga campus by $2,682,200; the Martin campus by $1,965,000; and the UT Health Sciences Center by $2,751,500, according to the proposed budget for the 2009 fiscal year, released by the UT System Budget and Finance Office. Other UT branches affected included the Space Institute, the Institute of Agriculture, the Institute for Public Administration and the Systems Administration division.

    2. Re:Money "well" spent by purpledinoz · · Score: 1

      Where are all those conservatives screaming "think of our children!"? Do they only come out when a boob accidentally slips out of bra on TV? I can't believe America allows companies to extort consumers using the citizen's legal system. In my opinion, it is now immoral to buy music from RIAA labels.

    3. Re:Money "well" spent by Anonymous Coward · · Score: 2, Insightful

      As a University of Tennessee employee, let me chime in my support in those regards.

      UT has had enough priority issues as it was before. They tried to do away with the Speech&Audiology department - one of the few programs for hearing impaired students in the South Eastern US.... and spent more than twice that programs budget renovating the stadium for a struggling football team.

      If my directors and superiors are any indication as to how this law will be implemented, the new measurement of how well the IT services are doing in the administrations eyes are how many students they successfully catch in a given month. Most people in positions of authority on campus have absolutely no technical experience (my boss required me to babysit him while he used a scanner to scan some family photos), and all of them are in a constant race to jockey for the favor and affection of whoever is above them.

    4. Re:Money "well" spent by Anonymous Coward · · Score: 0

      And yet Bruce Pearl makes 2.4 million a year. Yep, our priorities are in order.

    5. Re:Money "well" spent by Anonymous Coward · · Score: 0

      Great thing they saved all that money:

      http://sports.espn.go.com/ncf/news/story?id=3679810

      6mil to buyout Fulmer's contract from last year plus however many millions the new coach makes, maybe they budget will break even

    6. Re:Money "well" spent by darkfire5252 · · Score: 1

      spent more than twice that programs budget renovating the stadium for a struggling football team

      Well, to be fair it's necessary to mention the fact that the UT sports budget is actually generated by sports activities and does not come from the general budget. So, the renovations were paid for by football ticket sales, etc. Should (all or some portion of) the profits football ticket sales be used for academic purposes? I believe so, but that's debatable. Either way, it's unfair to say that the sports activities detract from the general budget; it's separate.

    7. Re:Money "well" spent by darkfire5252 · · Score: 1

      Refer to my reply to an earlier reply about the sports budget. It's separate from the general academic budget.

    8. Re:Money "well" spent by darkfire5252 · · Score: 1

      Refer to my reply to an earlier reply about the sports budget. It's separate from the general academic budget.

    9. Re:Money "well" spent by Anonymous Coward · · Score: 0

      Even worse is the fact that the University of Tennessee is currently undergoing massive budget cuts, and I'm sure that this money that now legally must be spent will be dollars that used to be used educating Tennesseans and others.

      The loophole appears to be that the University must take 'reasonable steps'.
      Give its financial situation, it could argue that such 'reasonable steps' might consist of spending $10 of some admin person's time emailing all students reminding them not to violate copyright. They could argue that any further expediture in the current financial climate was entirely unreasonable.

    10. Re:Money "well" spent by Anonymous Coward · · Score: 0

      Academics subsidizes sports by compensating the athletes. If the athletic program was really a stand-alone, then it would need to pay the athletes. As it is, the athletes get diplomas. It would also be interesting to know whose budget the athletic scholarships come out of.

    11. Re:Money "well" spent by b4upoo · · Score: 1

      First I would like to do something unusual and thank you for being a college student. Going to college means that you will probably be part of the solution rather than simply being another chowder head clogging up traffic.
                  What your school needs to do is simply get rid of the schools net. Let the school post to the internet and let the students operate their own nets, both large and small. That way the school can comply simply by not operating a net. And the various student nets can be anonymous to a degree that there is nowhere to send a subphoena
      and no deep pocket to pick.

    12. Re:Money "well" spent by Anonymous Coward · · Score: 0

      I am not so sure that the atheletics budget is completely paid for by sports activities. If you look at the UT systems budget (which is available online), you can see that its indeed true that UT Knoxville athletics does not recieve any general funds. Its budget is self supporting. UT Chattanooga and UT Martin *do* recieve general funds, however. The latest budget has them recieving a total of about $8 million. This might be fine, except that the athletics department is controlled by the UT system and not be the individual schools and therefore athletics is costing the system about $8 million a year.

      -An Anonymous Coward

    13. Re:Money "well" spent by sumdumass · · Score: 1

      Who says millions of dollar are going to be spend that aren't already being spent?

      The law only requires a network policy be in place, the students and teachers using the networks be instructed on the policy, that appropriate signed be places in conspicuous and appropriate area reminding students and teachers of the policy, and some reasonable action if they recieve more then 50 DMCA complaints.

      No mention of millions of dollars, the first part, the network policy, and the instructing people about it are already done, Ok so someone has to design a sign and print it out on one of the existing computers and tape to a wall somewhere. Perhaps they go the luxury route and order signs from some company. Still, no millions of dollars. Probably a couple thousand per facility on the high end. You have the reasonable efforts to stop the infringment if more then 50 legally valid DMCA notices are present. So perhpas there is some money here, well reasonable doesn't mean you will do X. It doesn't mean that you have to redesign the entire network or do anything other then send recommitment contracts out where the students are required to receive the policy again and sign that they have a copy and will follow it. Perhaps they do some progressive service suspension or something when a complaint is made. None of this sounds like millions of dollars either.

      BTW, reasonable is pretty subjective but the law specifically says no one can sue them or cause legal action against them over the law so it isn't like they will have to be defending their actions or lack of costing the millions of dollars

      Before you get too pissed, how about looking at what the law says and does.

    14. Re:Money "well" spent by Skjellifetti · · Score: 1

      As a UTK alumnus who gives money most years, I'm afraid that I am no longer willing to contribute. If the State of TN believes that UTK has enough money to waste chasing file sharers, then they clearly have enough money for teaching and research and don't need the scarce dollars in my own household budget.

    15. Re:Money "well" spent by Anonymous Coward · · Score: 0

      The tuition increases have been insane the past few years, too. I started college in 2002 and now my brother is paying double the tuition I had when I started. These budget cuts and the resulting tuition increases are causing quite a few people to rethink the value of higher education.

      At least the economy is going to shit. The value of my debt is shrinking bit by bit.

    16. Re:Money "well" spent by steveg · · Score: 1

      Only the "unsuccessful" athletes get diplomas. The "successful" ones get pro contracts. A high percentage of athletes (not all, but including a lot of the unsuccessful ones) are counting on that pro contract. The don't care much about the diploma.

      --
      Ignorance killed the cat. Curiosity was framed.
  3. What is legally valid? by I_am_Rambi · · Score: 5, Insightful

    "...if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998..."

    According to a recently lawsuit against the RIAA on the legality of their tactics, I would question if the notices are legally valid or not.

    1. Re:What is legally valid? by aproposofwhat · · Score: 5, Interesting

      What's even funnier is that the DMCA isn't the law at issue here - it's the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 that is being used against filesharers.

      I wonder if there is some wit in the Tennessee legislature having a good laugh at the expense of the RIAA?

      --
      One swallow does not a fellatrix make
    2. Re:What is legally valid? by jgtg32a · · Score: 1

      If they get 50 people to pay up then I guess it was legal.

    3. Re:What is legally valid? by Ken+D · · Score: 4, Interesting

      Right, now they have an incentive to spend up to $1.5M per year challenging bogus DMCA notices instead of rolling over.

    4. Re:What is legally valid? by infalliable · · Score: 2, Interesting

      I sense a huge uptick in the number of infringement notices sent to Tennessee schools.

      Who determines if they're legally valid?

    5. Re:What is legally valid? by kmac06 · · Score: 2, Insightful

      So which is cheaper for the universities, pay lawyers to get a judge to decide the notices as not valid, or just pay the extra employee(s) to police the campus in place of the RIAA? I'm guessing the latter.

      Of course the third (and most expensive) option is to pay off the legislators, as I'm sure the RIAA did.

    6. Re:What is legally valid? by SanityInAnarchy · · Score: 1

      It's a good question -- I know that DMCA takedown notices generally must be acted on immediately, whether actually valid or not, and the burden then falls on the accused to fire a counter-notice.

      One of the more disgusting parts is that the takedown notice doesn't carry any kind of penalty, while the counter-notice requires the accused to claim "under penalty of perjury" that they do, in fact, have the right to do that.

      So, does this require said notices to actually be proven valid? If so, I'd suggest universities continue to not cooperate until there is actual proof of their validity -- and that will be very difficult to prove without help from the university.

      On the other hand, if the only requirement is that the notices be properly filled out, but not that they are actually true, it's worth mentioning that it only takes one person to send enough notices to all schools to force them to comply. The question is whether such an act would actually be noticed and heard, and have an effect on the law.

      --
      Don't thank God, thank a doctor!
    7. Re:What is legally valid? by jeffasselin · · Score: 2, Insightful

      I was thinking the same thing, what does the DMCA have to do with file-sharing?

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    8. Re:What is legally valid? by mcgrew · · Score: 1

      A judge determines if they're legally valid.

    9. Re:What is legally valid? by mcgrew · · Score: 2, Informative

      I submitted a story (still pending) to slashdot yesterday about that very law. Its constitutionality is being tested in court. A Google list of stories about it is linked.

      I saw it in the Chicago Tribune yesterday, I believe it was an AP story. It quoted slashdot's own "New York County Lawyer" Ray Beckerman and linked his blog.

    10. Re:What is legally valid? by Ioldanach · · Score: 1

      Who determines if they're legally valid?

      Does the law say they have to be valid?

    11. Re:What is legally valid? by HeronBlademaster · · Score: 1

      So you're saying the mafia/mob/etc's loan payment enforcement tactics are legal, because they get people to pay up.

    12. Re:What is legally valid? by HeronBlademaster · · Score: 1

      If you read the summary, it quotes the new law which specifically says the notices received by the schools must be "legally valid". I would surmise that if any Tennessee schools want to fight the RIAA, that's the basis they'll use.

    13. Re:What is legally valid? by Anonymous Coward · · Score: 0

      Best way to cure the rising costs of education: sue the schools and force them to do your dirty work on their own dime. Oh wait, my bad. The RIAA is following the old consultant's adage: "If there's no money to be had in solving the problem, there's always money in prolonging it."

      Whether the schools spend the money fighting against or policing for the RIAA, the students lose by paying more for an education. Fuck the copyright extortion industries.

    14. Re:What is legally valid? by Ioldanach · · Score: 1

      Yep, sorry, I read it and my brain skipped that part.

    15. Re:What is legally valid? by Technician · · Score: 1

      Right, now they have an incentive to spend up to $1.5M per year challenging bogus DMCA notices instead of rolling over.

      For a couple mil a year, a relocation to a less expensive location seems in order. I wonder how the citizens will like the commute to new schools just outside the state after the current ones close and pop up elsewhere.

      --
      The truth shall set you free!
    16. Re:What is legally valid? by sumdumass · · Score: 3, Informative

      Neither. The law specifically states that if their reasonable efforts aren't enough, no one can do anything to them.

      Here's the portion that's relevant.

      (b) Nothing in this section shall:
        (3) Waive the protections available to Internet service
      providers under 17 U.S.C. 512;
        (4) Subject public institutions of higher education to any
      suit whether for monetary damages, injunctive relief, or any cause
      of action whatsoever;
        (5) Be deemed or construed to waive or abrogate in any
      way the sovereign immunity of the state, the public institutions of
      higher education, or any officer or employee of the state or the
      public institutions of higher education or waive or abrogate in any
      way the immunity of the state, the public institutions of higher
      education, or any officer or employee of the state or the public
      institution of higher education from suit under the 11th
      Amendment to the Constitution of the United States.

      Even though it is law, there is no threat to not following it or not doing enough or whatever. They follow the DMCA notices as required by law, Keep their immunities, and do something insignificant and call it reasonable.

      Of course I would doubt that the making reasonable efforts would even come into play at all. The law says notices of the Digital Millennium Copyright Act of 1998. This has nothing to do with P2P or file sharing in general. The file sharing would come under the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999. Of course if some one knows their content is being hosted there, the DMCA take down would be valid. It will be interesting to see how this actually plays out.

    17. Re:What is legally valid? by rfc1394 · · Score: 1

      One of the more disgusting parts is that the takedown notice doesn't carry any kind of penalty, while the counter-notice requires the accused to claim "under penalty of perjury" that they do, in fact, have the right to do that.

      Actually, there are two things: a DMCA notice must be adequate to describe what items are claimed to be infringing, and it also requires a statement under penalty of perjury that the person making the request for takedown is either the copyright holder or the authorized agent of same. There is also a provision for damages for false takedown requests. Whether you actually can get damages is another thing. Now, concievably if the ISP wants to get money from someone for having to perform a takedown, and bills the customer, then if the customer files a counter-notice, bills the copyright holder and sues for damages since it is now claimed to be a false notice.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    18. Re:What is legally valid? by UnderCoverPenguin · · Score: 1

      I was thinking the same thing, what does the DMCA have to do with file-sharing?

      The DMCA deals with Copy Right. Copy Right is the rights related to copying. According to the RIAA (and others) File Sharing is copying. Therefore, file sharing can be construde to be a DMCA violation (as well as a DTDCDIA violation).

      --
      Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    19. Re:What is legally valid? by MadMidnightBomber · · Score: 1

      If they find one of your machines sharing files, they send you a DMCA takedown notice. Even if your University is entirely outside the frickin' United States of America.

      --
      "It doesn't cost enough, and it makes too much sense."
    20. Re:What is legally valid? by jeffasselin · · Score: 1

      Except that DMCA takedown notices apply to hosting/service providers. The RIAA doesn't send DMCA notices to individuals they want to accuse of file sharing, they send you nice letters from their lawyers to extort money from you.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    21. Re:What is legally valid? by TheoMurpse · · Score: 1

      Takedown notices. If you share files, you could be an ISP. UT's residential network likely qualifies as an OSP/ISP in Title II of the DMCA (aka the "OSCILLA"). If someone on their network is sharing files, that possibly makes them liable if they ignore a takedown notice.

    22. Re:What is legally valid? by MadMidnightBomber · · Score: 1

      The University would be a hosting provider in that situation. I used to read abuse@foo.edu and we really did get DMCA takedown notices, I can assure you.

      --
      "It doesn't cost enough, and it makes too much sense."
  4. Copyleft by wienerschnizzel · · Score: 1, Insightful

    Hopefully this will result in universities using more open source/copyleft stuff. Someone is shooting himself in the foot here.

    1. Re:Copyleft by boarder8925 · · Score: 1, Insightful

      Hopefully this will result in universities using more open source/copyleft stuff.

      Good luck with that.

    2. Re:Copyleft by MightyYar · · Score: 1

      Apparently someone shot you in the head.

      Only the right side died.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  5. Indie Music by mfh · · Score: 5, Insightful

    Stop listening to garbage music that corporate America wants you to buy. Indie music is free and you can't be sued for downloading it freely, because it's offered as a promotional gimmick to sell concert tickets. Many Indie bands advocate people sharing purchased copies of their albums, because musicians know that this freely sharing of music creates more fans. Look at Radiohead... how much did they earn on that album they released as donor-ware?

    Sure you can apply all the regulations you want but you're just excluding people from your products in the long run.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Indie Music by Jeff+DeMaagd · · Score: 1

      [quote]Many Indie bands advocate people sharing purchased copies of their albums, because musicians know that this freely sharing of music creates more fans.[/quote]

      They do that until they get big, then they often start complaining about all this sharin' goin' on. Most people generally advocate what they think is best for them right now, even if that's different than what helped them get where they are.

    2. Re:Indie Music by Nerogk · · Score: 2, Funny

      Because when I think Indie, I think Radiohead.

    3. Re:Indie Music by Builder · · Score: 2, Interesting

      Indie Music is free? Since when ?

      Many bands on independent labels or bands pushing their own recorded cds actually charge for this.

      While bands may advocate sharing, I would not go so far as to say it is free, especially not in the legal sense of the word.

    4. Re:Indie Music by cliffski · · Score: 1

      "indie music is free"

      Says who? Do you speak for every non-signed musician on earth?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    5. Re:Indie Music by CSMatt · · Score: 1

      Radiohead did not authorize the sharing of their music tracks. Nine Inch Nails would have been a better example.

    6. Re:Indie Music by JNighthawk · · Score: 2, Interesting

      Look, I don't care what music you listen to. I don't care. Stop turning this into a religious argument.

      I like mainstream music. I don't care what you think about it - don't deride me for liking it, or put more eloquently, don't persecute me because my beliefs are different than yours.

      --
      Wheel in the sky keeps on turnin'.
    7. Re:Indie Music by melikamp · · Score: 1

      Who are you talking to? Seriously, are you trying to persuade anyone?

      Stop listening to garbage music that corporate America wants you to buy.

      Either your reader is into commercial music, and then you sound like a retard, because he thinks that he is getting what he wants, even though at a higher price than he likes. Or he is not into commercial music, and then he will mod you up because you are singing his song. I do not suppose that you want to sound retarded, so I am assuming you are just karma whoring.

      Look at Radiohead... how much did they earn on that album they released as donor-ware?

      Radiohead, if anything, is a living proof that you must sign with a major label to become a star, since they started out their career by signing with Capitol. There was no freaking chance that Radiohead, with its predictably depressing tunes and lyrics[1] and a frontman who looks like he's had a mild stroke, could ever make it into the spotlight of western music without commercial support. Radiohead proves that the only reasonable way to hammer out your own platinum is to sell yourself to a label and pray for your lottery numbers to come up.

      [1] I like depressing music, but when a band has, like, one song that is not depressing[a], I have to draw the line.

      [a] IMO, Everything in Its Right Place.

    8. Re:Indie Music by Anonymous Coward · · Score: 0

      I like mainstream music. I don't care what you think about it

      Giving money to copyright monsters means you must share some responsibility when these monsters destroy people.

    9. Re:Indie Music by wikinerd · · Score: 1

      Indie and free are two separate things, albeit sometimes they may overlap. I prefer to speak of free music, free content, or free culture, which is music licensed under such licences as the Creative Commons. Indie could in fact be copyrighted, so it must not be equated with free.

    10. Re:Indie Music by sumdumass · · Score: 1

      And interesting point on this indie style of distribution, I purchased the Metallica binge and purge box set back in the 90's. In the video, there is an interview with a young Hetfield who brags about people on the west coast dubbing tapes and sending them to people on the east coast so when they played their first gig on the east coast, they actually had three fans in the front row cheering for them and the crowd already knew their songs. He said something to being an underground success and attributed that to what is basically piracy... Then enter Napster and you can see how people forget what they actually thought was good once.

      I remember an interview I saw somewhere (can't remember the source) but Iron Maiden made sort of the same statement on their first concert across the pond. We didn't have too many radio stations that would play that type of music and some of the most successful bands basically connected at least some of their success to the idea that piracy made them popular and accessible to people who wouldn't otherwise have been exposed to them. The Indy concept is right on.

    11. Re:Indie Music by kayditty · · Score: 0

      why not?

    12. Re:Indie Music by Anonymous Coward · · Score: 0

      Uh, actually you can be sued for downloading free music. Just because it isnt the RIAA's, it doesn't mean that they can't sue you and drag you through court for piracy. Hell, remember that non-RIAA record label that got shut out from its own music because of the DMCA act?

      Your music isn't yours if the legal system can be manipulated to take it away from you. Hell, you don't even own what you buy anymore thanks to the fucked up copyright system.
      Again, the reality ebhind the RIAA lawsuits has never been about piracy, but the fear that indie music will eventually cut into their business model, using the internet as a free distribution medium. That's why they shat themselves when napster became so popular. It wasn't the fact that there was piracy going on, it was the fact that they saw the writing on the wall. That sooner or later, artists would realize they could get their music self-published on these networks, and use websites to sell their merchandise. They didnt need brick and mortar shops anymore.

      So don;t believe for a second they wont try to sue you for downloading indie music. It's their real enemy.

    13. Re:Indie Music by techdojo · · Score: 1

      I'm no fan of the heavy-handed tactics, but I have to admit that at least the music distribution portion is slowly catching on. I said for so long that if I could put together my own CD and pay $1.00 per song, I'd buy a lot more music. Then, I said if I could do it DRM-free, I'd buy a lot more music. I'm shocked to find that those things have actually come to pass.

      ____________________________
      http://techdojo.org/

    14. Re:Indie Music by Anonymous Coward · · Score: 0

      Pre-70's Bob Dylan ain't no free, indie music. Fucking Columbia records, I tell you what.

    15. Re:Indie Music by ronabop · · Score: 1
      If a corporation or business is charging for the music, then they are not INDEpendent musicians.

      Quite simple, really.

    16. Re:Indie Music by evansvillelinux · · Score: 1

      Indie music is free and you can't be sued for downloading it freely, because it's offered as a promotional gimmick to sell concert tickets.

      Not all indie music is free. As a matter of fact, I know several indie artists that are struggling because people freely share their music. One friend of mine told me that he was stunned when a fan of his band came up and told him how much she loved their new CD. He asked her where she bought it. Her reply: "Oh I didn't buy it, I borrowed it and copied it from someone else."

      --
      IMHO, IANAL, TINLA, etc...
    17. Re:Indie Music by mfh · · Score: 1

      Yeah, the indie scene all appreciates that people who download their stuff will become life-long fans and if you're not signed with a record label those people are your bread and butter. Typical indie bands shy away from greedy corporations trying to exploit them, and bleed the soul of their music away, for profit.

      --
      The dangers of knowledge trigger emotional distress in human beings.
  6. Wishfull thinking by Thanshin · · Score: 5, Insightful

    Sometimes I need some detachment from slashdot to be able to keep reading. I know it's stupid and insensitive and wrong on many levels but I have to say it.

    News like this give me the same feelings as horrible wars in third world countries. The more I learn the more revulsion I feel and it reaches a point where I simply detach and start thinking about something else. I transport myself to the little world around myself where those things simply don't happen.

    I know about the "...now they come after me and there's nobody else left to care." parable, but still, I need a beer and a quiet mind to deal with extreme evil, or, as in this case, with extreme idiocy/corruption.

    1. Re:Wishfull thinking by troll8901 · · Score: 1

      Sometimes I need some detachment from slashdot to be able to keep reading ... I need a beer and a quiet mind to deal with extreme evil ...

      I go back to my textbooks, and listen to music that I downloaded from ... oh, wait.

      No, no, you heard nothing. You don't know my IP address. You don't know where I live. Keep away from me!

  7. Thats too bad. by Alarindris · · Score: 4, Interesting

    It just seems like the population doesn't get to participate in democracy anymore. Other than record companies, who could possibly think this makes sense? Or demand that such a law should be passed?

    As far as music goes, I haven't heard anything worth buying in a while anyway. And I certainly wouldn't expect to hear it on the radio (they aren't giving us any other options atm). For now I'll just keep my torrents seeding and buy merch from the bands I do like, which funny enough, are mostly all from 1980 or before, so they've all got their mansions already anyhow.

    Hey record labels, your biggest market (for touring bands anyway) is college students. Why do you guys want to get rid of all of that free marketing? (word of mouth, mix CD's etc.) Get a clue.

    1. Re:Thats too bad. by Sponge+Bath · · Score: 4, Insightful

      ...seems like the population doesn't get to participate in democracy anymore.

      The population has access to all the democratic participation that they can afford.

    2. Re:Thats too bad. by Alarindris · · Score: 1

      Got that right :(

    3. Re:Thats too bad. by SanityInAnarchy · · Score: 1

      I wouldn't call that "democratic", I'd call it "plutocratic".

      I'd rather live in a democracy than a plutocracy... too late?

      --
      Don't thank God, thank a doctor!
    4. Re:Thats too bad. by Red+Flayer · · Score: 1

      Hey record labels, your biggest market (for touring bands anyway) is college students. Why do you guys want to get rid of all of that free marketing? (word of mouth, mix CD's etc.) Get a clue.

      Please, they're not the only ones who need to get a clue.

      That "free marketing" you're discussing is eating into the sales in their biggest market -- it's gone from "free marketing" to "replacing potential sales".

      Not that I agree with the RIAA at all, but it's rather obvious that when your biggest market is easily able to get your product for free, your sales are going to be diminished.

      As for word-of-mouth and mix CDs... you do realize that word-of-mouth is a very small concern for the Nashville labels, compared to the expensive, controlled marketing they have? They are the big players, with access to traditional media channels. They don't want word-of-mouth having a big impact in marketing... they want radio station play, TV play, and targeted marketing to drive demand for pop country.

      And you know that mix CDs have increasingly little relevance due to widespread mp3 players? There is such reduced cost for consumers to share songs... mix CDs have little to do with it.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:Thats too bad. by cliffski · · Score: 1

      what has prosecuting people for copyright infringement got to do with democracy?

      have the students been denied the right to vote? If not, what the hell are you doing trying to claim that democracy is under attack because some students get caught doing something they knew was illegal.

      When people equate being fined for copyright infringement to an attack on democracy and fascism, I wonder what they would have to say if they had been around during their parents time, when people knew the real meaning of fascism and authoritarianism.
      get some perspective FFS.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    6. Re:Thats too bad. by CSMatt · · Score: 1

      It just seems like the population doesn't get to participate in democracy anymore. Other than record companies, who could possibly think this makes sense? Or demand that such a law should be passed?

      I believe you are confusing apathy with disenfranchisement.

    7. Re:Thats too bad. by ChrisBerg · · Score: 1

      Plato said, "Democracy is a decadent form of politics. It will never work." What we're seeing is incremental communism because a hundred million voters are on the dole: i.e. micromanaged regulations which cost a fortune. Down with independent men, freedom, keep what you earn, the American family, etc. replace it with more government, deluded politicians thinking they're God the provider of welfare, healthcare, education, housing, etc. It didn't work in Russia and it won't work here. But better be prepared for a Great Depression a worthless ruble. When they asked Paulson why he needed $800 billion by Friday, he said, "Well, Rome wasn't bankrupt in a day. I think in America, we can do it faster." mensunion.org

    8. Re:Thats too bad. by mcgrew · · Score: 1

      "Voting with your wallet" is NOT democracy. Voting with your wallet is plutocracy. In a land whose national religion is the worship of money, there is no place for democracy or democratic ideals.

      You have one vote, I have *ten million dollars. Who do you think has any say about what what laws get passed, what laws get enforced, and who those laws are enforced against?

      *I wish

    9. Re:Thats too bad. by wikinerd · · Score: 1

      students get caught doing something they knew was illegal

      In many cases it is possible to commit copyright, patent, or trademark infringement without having the slightest idea that something illegal is being done.

      Let's say you find some music on the web under a free licence and you download it. But if the uploaded lied about the licence and the music was in fact a copyrighted track copied without approval, the downloader may be commiting a crime (IANAL).

      It's like shopping: receiving stolen goods is illegal (IANAL), but there is no way you, as a shopper, can know whether the goods you buy at a shop are legit or not. You see some nice clothes and you buy them, but what if the shopkeeper sold you stolen clothes? You can't know that. You just play with probabilities, as finding stolen goods in a good shop is rare, but you cannot be absolutely certain.

      This is why anti-possession laws create many unintended consequences, and I think in effect modern intellectual rights laws start behaving a lot like anti-possesion laws (IANAL). If it's illegal to have something, then there are ways in which you may find yourself holding that something without realising what it is or how it ended up on your person. In effect, anti-possesion laws means that some people who are lawful and productive members of our society may find themselves be in trouble out of pure bad luck.

      IANAL = I am not a lawyer, so I don't know whether my understanding of legal matters makes any sense.

    10. Re:Thats too bad. by Fred+Ferrigno · · Score: 1

      It just seems like the population doesn't get to participate in democracy anymore.

      The United States is a republic, not a democracy. The people participated by electing these numbnuts to the Tennessee legislature.

    11. Re:Thats too bad. by Alarindris · · Score: 1

      What the hell are you talking about? The elected officials are supposed to serve the general population. How many people in Tennessee wrote to their congressmen and said "we need stricter copyright laws"? NONE. This serves no one but a corporation, not people.

    12. Re:Thats too bad. by rfc1394 · · Score: 1

      It's like shopping: receiving stolen goods is illegal (IANAL), but there is no way you, as a shopper, can know whether the goods you buy at a shop are legit or not. You see some nice clothes and you buy them, but what if the shopkeeper sold you stolen clothes? You can't know that.

      That is a good point, but we also have the rule of good faith - in most cases - in which, when a person acts in good faith this is an excuse for misconduct. Also, to claim criminality there must be a condition called "scienter," which means you have to know or have reason to know that your action was illegal. If you go into a regular store or walk up to a street-corner merchant who appears to be legitimate, and purchase something, and especially if they give you a receipt, this would generally be enough to defeat scienter, since it is not typical practice for a fence to give a receipt for stolen goods and it would be reasonable to expect that someone in a normal business location who is not selling stolen or counterfeit goods to act in this fashion.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    13. Re:Thats too bad. by mjwx · · Score: 1

      Hey record labels, your biggest market (for touring bands anyway) is college students.

      Record Labels don't make much from concert sales. The bands themselves make their money from concerts and touring, the record label gets a small cut of the ticket sales if that, which is why bands can make money from touring, selling merchandise and so on. Record Labels own the copyright, not the band, all they can do is control the distribution of direct reproductions of a bands work.

      Record labels have no interest in protecting a bands ability to make money, in fact I suspect its quite the opposite as record labels prefer to keep bands poor so that they will keep signing one-sided and borderline unethical recording contracts to keep them virtually indentured to the record label. Make no mistake, the RIAA and its constituent companies have build a major industry around its own protection and the last thing they want is for their artists to gain independence.

      A quote I once read on slashdot,

      The RIAA cares about the artists in the same way a parasite cares about its host

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    14. Re:Thats too bad. by cliffski · · Score: 1

      who works for the corporations? space monsters?

      oh no, that's right the EVIL CORPORATIONS are the ones that pay everyone at the end of the month...

      --
      DRM-free indie games for the PC and Mac: Positech Games
  8. Valid by zoomshorts · · Score: 1

    " if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 within the preceding year"

    I am guessing that blanket "John Doe" notices are not really valid. Especially during the semester change-overs.
    Who really knows who is using that connection?

    1. Re:Valid by gfxguy · · Score: 2, Insightful

      Really.... "reasonably attempt" and only if there are fifty or more "legally valid" notices...

      The kind of legislation made by lawyers to increase the amount of time they get to charge customers for litigation.

      --
      Stupid sexy Flanders.
  9. It seems they value that more than education. by khasim · · Score: 4, Insightful

    It seems that they're more interested in protecting the music industry than supporting the education of their people.

    Anyone want to predict what the outcome will be in about 20 years?

    1. Re:It seems they value that more than education. by internerdj · · Score: 4, Insightful

      Quite frankly those who will suffer from reduced education are not the people Tennessee is interested in having in its state, because they are in a much lower tax bracket than the artists and more importantly the executives...

    2. Re:It seems they value that more than education. by theaveng · · Score: 2, Funny

      TN colleges will need to "cut policing costs" and respond by limiting students' dorm access to 128 kbit/s (or thereabouts) such that downloading music or videos becomes impractical. TN administrators will argue that 128 kbit/s is "good enough" for accessing the required course-related websites (mostly text), and engineering or computer science students will need to apply for a professor-signed waiver to get faster access.

      Those students will later come into positions of power, remember the hell of limited dorm access, and then repeal this ridiculous law so future students can access the net unencumbered.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    3. Re:It seems they value that more than education. by theaveng · · Score: 1

      If I lived in such a dorm, I'd switch to dialup. V.44-compressed dialup is equivalent to a 300kbit/s uncompressed broadband line... therefore faster.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    4. Re:It seems they value that more than education. by sumdumass · · Score: 0

      How is making reasonable efforts to stop illegal file sharing not supporting the education of their people?

      Err, let me rephrase that, how is illegal file sharing supporting the education of the people in that making reasonable attempts to stop it is not supporting the education of the people?

      I just don't understand how you can see the two connected in ways that are detrimental to each other.

    5. Re:It seems they value that more than education. by MightyYar · · Score: 2, Insightful

      If I were the colleges, I would just farm out the student connections - thus removing my liability. Access to the local network would be via VPN.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    6. Re:It seems they value that more than education. by Anonymous Coward · · Score: 2, Insightful

      I just don't understand how you can see the two connected in ways that are detrimental to each other.

      They are both competing for time and resources. Money used for stopping illegal file sharing is money that won't be spent on education.

    7. Re:It seems they value that more than education. by jeffasselin · · Score: 2, Insightful

      Strawman!

      The question you have to ask is WHY is file sharing illegal. To protect the recording industry's outdated business model.

      The enxt question is WHY is the population (because it is them through their taxes) asked to PAY for enforcing a law that makes them and their children criminals in order to line the pockets of music executives?

      Why is an university forced to limit the freedom (academic or otherwise) because the music industry decided it should?

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    8. Re:It seems they value that more than education. by Anonymous Coward · · Score: 2, Interesting

      I don't know what the stats are for universities in Tennessee, but here on the University of Washington campus we hear about the rates of sexual abuse being 1 in 4 for females and 1 in 10 for males.

      Whenever this shit happens, I always wonder why people don't just start wandering around by the state house, muttering things like "How much rape could 9 million dollars prevent?"

      Maybe with a ballot in their hand or something. I don't know.

      (prophetic CAPTCHA: "plenty")

    9. Re:It seems they value that more than education. by troll8901 · · Score: 1

      V.44-compressed dialup is equivalent to a 300kbit/s uncompressed broadband line...

      Not trying to be picky, but are you sure?

    10. Re:It seems they value that more than education. by pipatron · · Score: 1

      V.44-compressed dialup is equivalent to a 300kbit/s uncompressed broadband line... therefore faster.

      I'm not sure if you're joking or not, but in order to not give anyone else any ideas.. no, you won't get anything *near* 300kbit/s with any file that are worth downloading. You can read why if you check for example the wikipedia article about V.44, and some basics about data compression.

      --
      c++; /* this makes c bigger but returns the old value */
    11. Re:It seems they value that more than education. by HardCase · · Score: 1

      If I lived in such a dorm, I'd switch to dialup. V.44-compressed dialup is equivalent to a 300kbit/s uncompressed broadband line... therefore faster.

      v.44 works great for easily compressed data such as text files. Not so much for already-compressed data like...mp3s. Binary data might see 50%-60% increased throughput over regular old 53Kb uncompressed speed. The only way that you're going to see 300Kb/s transfer rates is on a plain old text file. Sorry.

    12. Re:It seems they value that more than education. by theaveng · · Score: 2, Funny

      No. However I have observed that my own Netscape dialup connection loads webpages almost as fast as my 750kbit/s DSL line. So the effective speeds are fairly close to one another.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    13. Re:It seems they value that more than education. by reygahnci · · Score: 1

      More likely, potential students will see the costs of going to school in state versus going to school out of state and make the right financial decision, thereby leaving the institutions at risk which will cause them to "police" the matter differently (read: not at all unless directly forced to) to gain back lost revenue.

    14. Re:It seems they value that more than education. by Anonymous Coward · · Score: 0
      You're going off on a tangent from what the original poster was talking about.

      Why is an university forced to limit the freedom (academic or otherwise) because the music industry decided it should?

      This is also the wrong angle to argue from. Why is any of our freedom limited? Because some things are against the law.

    15. Re:It seems they value that more than education. by jeffasselin · · Score: 2, Insightful

      You people keep asking the wrong questions.

      Why is it a law?

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    16. Re:It seems they value that more than education. by darkfire5252 · · Score: 2, Interesting

      Here's my letter to the local University of Tennessee newspaper ("The Daily Beacon"):

      Now that the University of Tennessee system has taken a budget cut of $21.2 million dollars, one might expect that the state would be carefully deciding how to spend the money that is available. However, this is apparently not the case. On November 12th, two days after the Daily Beacon covered the story of the UT system's budget cuts, Governor Bredesen signed senate bill 3974 into law, and committed the Tennessee higher educational system to spending (according to the government's own estimates) an additional $9.5 million one-time cost, and between $1.6-$1.9 million dollars every year from now on. What could be worth spending this much money (which amounts to 45% of the budget cut)? The University of Tennessee is going to spend this money making your internet connection go even slower: UT will now be responsible for preventing the sharing of copyrighted music and movies. Because of senate bill 3974 and Governor Bredesen, Tennessee law now states that "each public and private institution of higher education in the state that has student residential computer networks shall: [...] attempt to prevent the infringement of copyrighted works over the institution's computer and network resources."

      The Recording Industry Association of America and the Movie Production Association of America are understandably thrilled about this law. The RIAA and MPAA are the organizations that have filed thousands upon thousands of lawsuits against students, children, and grandmothers for infringing copyright by sharing movies and music over the internet. Because of their lobbying efforts, the University of Tennessee is now legally responsible for enforcing their will and doing their dirty work. In a time that the economy is doing worse than it has for many years and the University of Tennessee is seeing budget cuts of over $20 million dollars, we are now being forced to pay over $10 million dollars (for the first year, and $1.9 million each year afterwards) in order to make sure that the RIAA and MPAA make as much money as possible and stop losing profits to those rotten thieving students that steal all of their revenue.


      Robert Coop
      Doctoral Student,
      Computer Engineering

    17. Re:It seems they value that more than education. by cliffski · · Score: 1

      it seems the students are more interested in swapping music, than learning.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    18. Re:It seems they value that more than education. by bigstrat2003 · · Score: 1

      The question you have to ask is WHY is file sharing illegal. To protect the recording industry's outdated business model.

      Wrong. To protect the recording industry's right, as a business, to attempt whatever business model they wish without people interfering in it (i.e.: taking their stuff for free).

      The enxt question is WHY is the population (because it is them through their taxes) asked to PAY for enforcing a law that makes them and their children criminals in order to line the pockets of music executives?

      Uh, actually, they're being made criminals because it's the right thing to do. The penalties are severely out of whack at this time, but the illegality itself is sound. People speed all the damn time, and it makes them criminals (minor criminals, but criminals all the same), but that doesn't make the law against speeding a bad idea. Unless you're speaking of this law specifically, in which case we're agreed that it's ridiculous, but you seem to be attacking copyright law as a whole.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    19. Re:It seems they value that more than education. by c_g_hills · · Score: 1

      I beg to differ. Back in the days of dial-up, just for the heck of it I tried connecting to a chargen server, and was pleasantly surprised to see speeds in excess of 500kb/s out of a plain old pots modem.

    20. Re:It seems they value that more than education. by theaveng · · Score: 1

      >>>with any file that are worth downloading

      Yes true, but we're specifically discussing a Tennessee college where you are NOT allowed to do file downloading. IF I were stuck in that situation of a limited-access 128k network with file downloads blocked, I'd rather use my Netscape dialup which loads webpages in about 5 seconds (almost as fast as my DSL).

      BTW:

      I wrote the V.44 portion of that wikipedia entry. Thanks for the self-reference. :-)

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    21. Re:It seems they value that more than education. by theaveng · · Score: 1

      So... V.44 dialup is still faster for websurfing than using a sucky 128k connection. The images do look like crap due to the extreme compression, but at least I wouldn't have Tennessee College police looking over my shoulder.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    22. Re:It seems they value that more than education. by Anonymous Coward · · Score: 0

      >The question you have to ask is WHY is file sharing illegal.
      >To protect the recording industry's outdated business model.

      Their business model, which is practically "selling copies of stuff", worked as long as only big companies could make copies which required serious time and money investments.

      Now, where everybody and their grandmother has a copy making machine (aka PC) we can cheaply produce copies ourselves (like we can cheaply produce ice with our refrigerators) and dont need a whole frigging industry for us to do this. Additionally, since the advent of the internet, we also dont need the copy distribution industry any more, since we can distribute the stuff ourselves.

      Both of those industries now practically want us to stop using new technologies that are making their businesses obsolete in order to.... not make their businesses obsolete. The rest of the story (invention of virtual property rights called "intellectual property", invention of a communication crime called "piracy", penalties 10000 times as large as the alleged "intellectual damages", fierce lawsuits against thousands and thousands of innocent people) are just attachments to the underlying process: A whole industry has been obsoleted within years by technological advancement, and since they cant stop technological advancement, they purchased laws to simply make it illegal for people to use the technology.

    23. Re:It seems they value that more than education. by jeffasselin · · Score: 1

      Wrong. To protect the recording industry's right, as a business, to attempt whatever business model they wish without people interfering in it (i.e.: taking their stuff for free).

      Where's that right in the US constitution? What kind of ethical system are you basing such an affirmation on?

      According to your point, if an industry wanted to recycle old people and make them into food, there should be laws to protect their rights to do so without people trying to escape from their recycling facilities?

      I do agree with the rights of copyright owners to control commercial exploitation of their works. I oppose the criminalization of activities that are becoming a part of our culture and the technologies we are developing to enable that culture.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    24. Re:It seems they value that more than education. by bigstrat2003 · · Score: 1

      Where's that right in the US constitution? What kind of ethical system are you basing such an affirmation on?

      Their natural right to do business as they see fit, so long as they aren't harming others, free from interference.

      According to your point, if an industry wanted to recycle old people and make them into food, there should be laws to protect their rights to do so without people trying to escape from their recycling facilities?

      Straw man. The record companies aren't actually harming anyone with their business model. They hurt people with a lot of their actions (screwing over artists, suing people into oblivion), which should be disallowed, but their business model is harmless, unlike your example.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    25. Re:It seems they value that more than education. by HardCase · · Score: 1

      I guess it depends upon what you're surfing. If it's nothing but text, yes, it would be about twice as fast. Add in .png or .jpg and it's most definitely slower. Add in any noise on the phone line and performance drops even more. And if the phone system is digital or if there are any coils or multiplexing systems, you're completely out of luck.

      I'm not gonna get into paranoia issues. I'm just saying that you're not going to get the performance that you think you are out of a dialup compression scheme.

    26. Re:It seems they value that more than education. by Anonymous Coward · · Score: 0

      Yes they are harming someone. They are causing millions of dollars to be diverted from providing an higher quality educational environment to policing the network for copyright infringement.

    27. Re:It seems they value that more than education. by sumdumass · · Score: 1

      But that competition isn't a burden or a drain. I mean what is reasonable? Instructing the students through a mass email that they aren't supposed to be doing it? Turning off the Internet progressively starting at increments of 24 hours or 1 week at a time or something when a DMCA take down notice is given concerning a specific computer?

      That would take what 15 to 20 minutes of the day that someone already being paid to be there will have to do? It will probably fit into the slack time too and not even cost extra wages to be paid.

    28. Re:It seems they value that more than education. by Anonymous Coward · · Score: 0, Troll

      have you BEEN to tennessee?

      i live here. and i've lived many other places... and....

      The people are very nice. And dumb as rocks. And they like it that way!

      No. i'm not being funny. it really is like this. and it's one of the main reasons i'm considering moving OUT of tennessee. It's just too stupid here.

      And i thought i knew what redneck and hillbilly ment before comming here. I was wrong. So wrong. This place is about 20 years in the past. Or more.

      It's almost like time travel.

    29. Re:It seems they value that more than education. by bob.appleyard · · Score: 1

      plain old pots modem.

      Plain old plain old telephone service?

      --
      How dare you be so modest!! You conceited bastard!!
    30. Re:It seems they value that more than education. by sumdumass · · Score: 2, Insightful

      Strawman? What? I just asked if someone can explain the logic behind a statement. Since when if that a straw man? Ohh.. I get it now, the statement I was replying to is a strawman.

      The question you have to ask is WHY is file sharing illegal. To protect the recording industry's outdated business model.

      That actually has nothing to do with this law. There is a law that makes certain types of file sharing illegal and it need to be followed or changed. This law was passed on some sort of effort to make sure it was followed and if you object to it, you need to get it changed instead of asking why. Your personal validation has no weight in whether the law is invalid or not unless something like the constitution of the state or country is in conflict with it. If the law is there, deal with it. Otherwise, get the law changed.

      The enxt question is WHY is the population (because it is them through their taxes) asked to PAY for enforcing a law that makes them and their children criminals in order to line the pockets of music executives?

      Am I missing something here? Is there some abridged right to the music that the record companies are pimping out? Is it too much to ask the children of today to either not buy the cd or record them from the radio or something instead of stealing a CD, ripping it and giving it to all their friends? Actually, the population is not becoming criminals just to line the pockets of the Music or Record companies. They are becoming criminals because they are breaking the laws that give the copyright owners exclusive control over their content's distribution. I'm sure you wouldn't mind a law being enforced that stopped the guy bigger then you from walking into your room and taking your money whenever he wanted to. I'm sure you wouldn't mind the law being enforced that stops the neighbor from taking the tires off your car and selling them to someone else once a week. I'm sure you won't mind the law being enforced that stops drunk drivers from running red lights and crashing into your car and killing the passengers. But somehow, taking something that isn't yours and giving it to someone else is completely ok if the record labels are who you took it from and making people criminals for that is wrong.

      If it is law, it needs enforcement. If you don't like the law, get it changed. There is nothing in this law that effects the education of people under any sane interpretation of reasonable and the connections to students not learning just isn't there.

    31. Re:It seems they value that more than education. by Anonymous Coward · · Score: 0

      Precisely, I lived in that fucking shit hole for 11 years. The school system out there would play games with kids who were above the grade. Namely because over half the teachers were stupid as shit and kids who could smell their stupidity a mile away were the ones prone to unnecessary punishments (I got sent to in school suspension for 2 weeks for asking an innocent question about what the teacher was saying, later I found out I asked her something above her knowledge, and it pissed her off. That was the rationale...)
      The minimum wage was pathetic when we lived there, it was a little over $4, and it didn't reflect the standard of living at all, you could barely survive on that. Housing and the standard of living was set so most of the state was just on borderline poverty, with a small middle class (a very small middle class, middle class neighborhoods were the minority compared to poorer areas)
      The only rich areas were the immediate suburbs of Nashville.

      Now to my point, corruption in TN is far from rare, it's commonplace. When I lived in Smyrna, Nissan pretty much ran the place, and the county, and had all the politicians in their pocket. They illegally stored cars on private property, and any and all attempts by the owners of said property resulted in a lawsuit by nissan that would almost always end in them losing their land to the company, which would use it for a while, then sell it off. Also the same state that when they wanted a highway built, they would go into some farmer's property, sabotage his operations (let the livestock loose, etc) or start tearing up his land, or putting markers in where they wanted the highway, and would have the farmer arrested and his land seized under eminent domain if they pulled the markers out. They didn't even offer money.

      The state is terribly corrupt and it's just the way of doing business there. If you want a good education, there are better schools to go to out of state. Tennessee is for Tennesseans, and that's pretty much the gist of it.

    32. Re:It seems they value that more than education. by snaildarter · · Score: 1

      The people are very nice. And dumb as rocks. And they like it that way!

      That's why, after being born and raised there, I left this year at age 34. Tennesseans are proud to think the earth is 6,000 years old, and proud the KKK was founded there, and proud to know that the universe revolves around Tennessee. They are undoubtably the proudest and stupidest state in the Nation. Well, maybe Kentucky...

      I'll probably never be able to get rid of my strong, rural, redneck accent. But at least I was able to leave.

      --
      Japanese scientist: Technically, sir, tomatoes are fags. Military scientist: He means fruits.
    33. Re:It seems they value that more than education. by xantho · · Score: 1

      Motion Picture Association of America. I hope that gets caught before press time.

    34. Re:It seems they value that more than education. by bob.appleyard · · Score: 1

      Their natural right to do business as they see fit, so long as they aren't harming others, free from interference.

      Of course, in order for it to occur in this case, some measure of government interference (that is, setting up temporary monopolies) has to also occur. This is not a question of "natural rights," particularly. It's more an answer to a particular question: how does a society afford for new artistic and technical works? Currently the answer is temporary monopoly. Or, as your constitution puts it:

      The Congress shall have power ... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

      It used to be patronage. I think this was an inferior system because fewer people could enter, for patrons would often only commission works that glorified them in some way or another.

      You set yourself up for a fail when you talk of the "natural rights" of a company basing its business around copyright. This language is usually used when it would take some positive government action to deprive said holder of said right. Whereas in this case, it takes positive government action to afford said holder of said right. In those terms it is little different from the right to free healthcare, if such a thing were instituted. What I'm saying here is that you should try to justify copyrights on something a bit more appropriate to the subject. I happen to think they are justified, but in a more limited form than they exist today, based on what they give society. I won't go into it here as it's a long enough post, but my point is that they can be justified, but appealing to "natural rights" is not an appropriate method of doing so.

      --
      How dare you be so modest!! You conceited bastard!!
    35. Re:It seems they value that more than education. by canadian_right · · Score: 1

      You seem to have missed that copyright is not a natural right, or a common sense right, but a government enforced monopoly that was originally put in place to help artists make a living. Copyright used to expire after a reasonable amount of time, 20 years. The length of copyright is now effectively infinite as it is longer than a normal human lifespan. And the laws seem to be changing to protect large publishing houses, not artists. Copyright law has gone off the rails.

      Copyright law was only a civil matter until recently. I strongly believe that except for large scale piracy it should still be a civil matter, not criminal. The penalties for copyright infringement are outrageous in the USA. Stealing a physical CD gives you a much smaller penalty than copying a single song. The penalty is so out of proportion to the actual damages that many people, lawyers included, think it is unconstitutional.

      The law should be changed. Copyright lengths should be shortened. There should be low cost mandatory copyright rates for all broadcasts, internet broadcasts, and downloads.

      --
      Anarchists never rule
    36. Re:It seems they value that more than education. by sumdumass · · Score: 1

      You seem to have missed that copyright is not a natural right, or a common sense right, but a government enforced monopoly that was originally put in place to help artists make a living. Copyright used to expire after a reasonable amount of time, 20 years. The length of copyright is now effectively infinite as it is longer than a normal human lifespan. And the laws seem to be changing to protect large publishing houses, not artists. Copyright law has gone off the rails.

      I didn't miss anything. That point is irrelevant. It doesn't matter what kind of right it is, and by law, it is a right of law as in you have rights by law. But this is irrelevent to breaking the law. If you don't like the law, get it changed. The law doesn't conflict with any other right, moral, natural, constitutionally protected, or anything, so there is no legitimate reason to violate it. So instead of ignoring it or violating it if you don't like it, get it changed or repealed. Otherwise, don't complain about the enforcement of laws.

      Personally, I don't have a problem with the law in and of itself. I have a little but of a problem with the way it is being enforces and the fines and penalties of it, but you can't expect those to go down to something reasonable when the unreasonable fines aren't working. You don't lessen the sentence for child molestation when more people are doing it if you still don't want people to do it. Violating it is more or less digging your own grave and jumping in. The government tends to increase fines and penalties when they don't appear to be enough to discourage the violation of the law.

      Copyright law was only a civil matter until recently. I strongly believe that except for large scale piracy it should still be a civil matter, not criminal. The penalties for copyright infringement are outrageous in the USA. Stealing a physical CD gives you a much smaller penalty than copying a single song. The penalty is so out of proportion to the actual damages that many people, lawyers included, think it is unconstitutional.

      Civil or criminal, it doesn't matter, Get the law changed- work with the system, not against or around it. And actually no, You not in more trouble for copying a singly CD. That falls within fair use. If you give that CD away, then it is illegal again. As for the constitutionality argument, I agree and for the same reasons the lawyers are saying which wouldn't make the law change but rather the penalties. If the penalties are punitive in nature, then it needs to be a criminal case otherwise someone will be unjustly punished without the proper protections of a fair trial and the conviction status of beyond a reasonable doubt.

      Anyways, It doesn't really matter how much you hate the law, Hell, I pretty much agree with you on that. But either deal with it or get is changed. Preferably the later.

    37. Re:It seems they value that more than education. by theaveng · · Score: 1

      And I'm just saying that Netscape's Dialup compression gives me Web browsing comparable to my home 750k DSL connection. Real world. I've said that several times, but for whatever reason it's not sinking in.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    38. Re:It seems they value that more than education. by cbeaudry · · Score: 1

      You have to know that what you propose just isnt possible. Change it? Deal with it? The term civil disobedience exists for a reason. It was coined, by an American, for this reason, to resist to unfair laws. Do you honestly think, if you decided to do something against the law and started trying to lobby against it, that you would actually get anywhere? Be serious. http://en.wikipedia.org/wiki/Civil_disobedience

    39. Re:It seems they value that more than education. by sumdumass · · Score: 1

      Lol.. You won't get anywhere against it when you come off like a crackpot in your attempts at getting the laws changed. You are wrong though, you can get the laws changed and you can effect public opinion. You see, a bunch of dope smoking hippies have been and are getting drug laws changed all across the country concerning smoking pot. Amounts when previously possessed that used to be felony charges are now misdemeanors and even minor misdemeanors in most state, doctors can now prescribe pot for a person in some conditions in some states and so on.

      The problem with copyright laws are that people automagically claim that companies that supported the changes or benefited from them are the reasons begin them when the reality is that the changes were all the result of compliance with international treaties which means you have to work on those first which will cause the laws to change second. Otherwise, your insistence on them to change the laws is about the same as asking them to violate a treaty the government ratified. You have to work smart like the burnouts and potheads. Those hippies saw the problem, organized support for it, even when the support put them in slight danger of being suspected in violations, attacked the problems and started effecting change. If a bunch of high slackers can do it, you can too.

      If you take the route of civil disobedience, it will be because of your own ignorance and I have no pity for you when you experience the penalties of the law. If you don't like the laws, get it changed.

  10. As a Tennessean, may I say by elrous0 · · Score: 3, Interesting

    Once again, I apologize for my home state. If it's any consolation, this is just one of MANY, MANY, MANY dumbass laws passed on a yearly basis there. I decided it was time to leave about the time they started looking at creationist laws. The Scoppes Monkey Trial taught them nothing.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:As a Tennessean, may I say by magus_melchior · · Score: 1

      Imagine how Lewis Black felt:

      "The one thing you don't do, is give states block grants of money, to do with that money what they wish. ... When I was at school in Chapel Hill, NC-- I thought that state was a smart state. Well, no! They had a $600,000 grant to fight crime. They took $15,000 of that grant ... to fund a study to find out why prisoners wanted to escape from prison."

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  11. What's the problem? by Anonymous Coward · · Score: 1, Insightful

    I'm the Network Admin for a large (albeit British) institution, and we have the responsibility for the content of our equipment. If it's on student equipment, it's not my problem, but I certainly won't allow a free-for-all on my network nor my servers. I'm not an idiot, I can tell when content is infringing copyright or not, and I'll deal with it.

    1. Re:What's the problem? by GuyverDH · · Score: 1, Interesting

      Really now? You somehow know the inviolate checksums of every possible variation of every copyrighted work ever produced? WoW!!! I mean WOW!!! That's just amazing...

      Do you happen to have a calendar of all future cataclismic events as well? Just asking, cause you could save the human race a lot of suffering if you'd share it...

      --
      Who is general failure, and why is he reading my hard drive?
    2. Re:What's the problem? by compro01 · · Score: 1

      The problem is that they're already getting their funding cut back by roughly $21 million and they're being legally forced to allocate $7.5 million to this bullshit, along with $1.5 million per year until this get repealed, money would I could think of far far better uses for.

      --
      upon the advice of my lawyer, i have no sig at this time
    3. Re:What's the problem? by pak9rabid · · Score: 1

      Really now? You somehow know the inviolate checksums of every possible variation of every copyrighted work ever produced? WoW!!! I mean WOW!!! That's just amazing... Do you happen to have a calendar of all future cataclismic events as well? Just asking, cause you could save the human race a lot of suffering if you'd share it...

      I couldn't have put it in better words :)

    4. Re:What's the problem? by PotatoFarmer · · Score: 1

      The problem is the wording of the law:

      [R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources.

      First off, it's not clear who gets to define what "reasonably" means in this context. Secondly, student equipment would be your problem under the wording above, as it appears to cover anything using your network, not just devices you directly manage.
      And finally, it's government. I'd be willing to bet that most of the network admins who would be affected by this law already approach their jobs like you do - see something fishy, nuke it, move on. However, once you need to prove that you're making a reasonable attempt at stopping infringement, things get a lot more complicated. Now there are audit trails and reporting databases and forms to fill out and all sorts of crap that turn what used to be a 10 second process into a tedious slog through red tape.

    5. Re:What's the problem? by akboss · · Score: 1

      So your crystal ball can tell if this download is from an indie band that allows free downloads and RIAA music(or the equivalent in Europe)??? What are you using as my university would like to purchase this software to relieve us of having to worry about anything.

      --
      "Remember, politicians and diapers should be changed often and for the same reason."
    6. Re:What's the problem? by darkfire5252 · · Score: 1

      I'm not an idiot, I can tell when content is infringing copyright or not, and I'll deal with it.

      Well, you're British so YMMV, but that would be an absolutely stupid move to make as an ISP in the United States. ISPs can be considered 'common carriers' that are only responsible for providing access to the internet and cannot be held responsible for the usage of the internet by their customers due to the fact that it is infeasible to monitor and control that usage. If you were to start censoring copyrighted music from your network, you could be implicated and potentially arrested for providing access to child pornography, if a user was able to access the porn from your network. After all, if you're preventing access to resource A (music) and allowing access to resource B (child porn, and everything not 'music'), then you must be explicitly accepting that use of your network.

    7. Re:What's the problem? by GuyverDH · · Score: 1

      Flamebait???? It was a humerous attempt at a serious question...

      Ahhh - my fan-boyz at work... Doncha just love em...

      --
      Who is general failure, and why is he reading my hard drive?
    8. Re:What's the problem? by mcgrew · · Score: 1

      I'm not an idiot, I can tell when content is infringing copyright or not

      I can't, so please tell me how you can. Bits are bits, MP3s are MP3s and there's no way to tell from anything about any unknown file whether or not it's infringing. Metallica-SoWhat.MP3 is (fairly) obviously infringing, but what about TheStation-TheFog.OGG? You wouldn't know it wasn't unless you'd seen this, or the band's web site.

      Have you heard of Star Wreck - In The Pirkinning? It's the most populat Finnish film of all time, and it is NOT an infringement to download it. If you'd never heard of it and saw one of your students downloading it, how would you know it was legit?

      So if you see TheFog.MP3, how can you tell if it's The Station's freely downloadable one, or some RIAA band's song of the same name?

      So please tell this poor idiot how to tell if a file is infringing.

    9. Re:What's the problem? by wikinerd · · Score: 1

      I can tell when content is infringing copyright or not

      It is impossible to know whether something infringes on somebody's copyrights, patents, or trademarks in a network that carriers user-generated or user-provided content. Some cases are obvious, like movies, but other cases are outside the ability of a sysadmin to detect. Even content that seems like it was created by a user themselves alone may in fact infringe on an obscure copyright, patent, or trademark. The intellectual rights laws have in effect created a minefield that makes it very costly to provide any network service open to user-generated or user-provided content.

    10. Re:What's the problem? by Creepy+Crawler · · Score: 1

      About porn and vulgarity laws...

      "Ill know it when I see it."

      --
    11. Re:What's the problem? by Anonymous Coward · · Score: 0

      I'm not an idiot,...

      Then why do you keep providing counter-examples?

  12. Nashville flexes its muscles by sesshomaru · · Score: 1

    It's not surprising that this would happen in Tennessee, one of the music industry's strongholds in the U. S.

    Hopefully it won't spread to other states.

    --
    "MIT betrayed all of its basic principles."
  13. The end of residential computer networks by davidwr · · Score: 5, Insightful

    If I were a university, I'd take this as my cue to disconnect the residential university network from the campus network and outsource the connectivity. The students would have to VPN in if they wanted access to campus services.

    This would probably be cheaper than complying with this law, and even if it weren't, it would send a message to the lawmakers to be mindful of the law of unintended consequences.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:The end of residential computer networks by Anonymous Coward · · Score: 0

      Ha! "Mindful of unintended consequences"? As in being mindful of the massively expensive and harmful consequences of the "War on Drugs"? I think they won't be mindful.

    2. Re:The end of residential computer networks by JasterBobaMereel · · Score: 1

      ...or send a bill to the RIAA for implementing their protection system

      --
      Puteulanus fenestra mortis
    3. Re:The end of residential computer networks by the4thdimension · · Score: 2, Interesting

      Most uni's don't want to face downtime they can't control. Residential networks make it easy to set up services that students need without the hassle of diving out VPN software and having to troubleshoot that all day. Furthermore, your average college student won't even know what VPN means let alone how to install, run, and use one. This is a nightmare waiting to happen. In my opinion, the best thing a university can do at this point is do what all the smart ones did: ignore anything having to do with copyright laws, dmca, or regulations. The man will come down but uni's have good lawyers and they can/will win. This is just another classic case of the RIAA buying themselves a law.

    4. Re:The end of residential computer networks by ACMENEWSLLC · · Score: 1

      I agree. If this law is focused on universities then what you do is transfer ownership of the P2P abusers Internet access to a 3rd party. Be it the local city (MUNI WIFI), DSL, or Cable Modems. Someone this law is not applicable to.

      Make a deal so every dorm get's Internet access, but it is not provided by the University. I'm sure some hole in the law exists which enables removing this burden.

      Block Internet Access on the student/residential VLAN, providing only local networking. Then prohibit P2P on the (now) Staff side of the VLAN which still has Internet Access.

      IMO, University staff shouldn't be forced into becoming members of the political police. I'm not university, but I'm already being forced into a similar role in a corporate setting. I don't like it one bit.

      My .02c

    5. Re:The end of residential computer networks by Anonymous Coward · · Score: 0

      I'm the network admin for a small midwestern liberal arts school. We have definitely been looking into outsourcing our ResNet. I find it funny that students on TimeWarner don't get DMCA violation notices. I guess being a member of the RIAA and MPAA allows TW to tell them to bug off.

    6. Re:The end of residential computer networks by SanityInAnarchy · · Score: 1

      Residential networks make it easy to set up services that students need without the hassle of diving out VPN software and having to troubleshoot that all day.

      From experience, it seems that every university is going to have a bit of its own software to distribute anyway. From SSH clients to Kerberos-enabled printers...

      Furthermore, your average college student won't even know what VPN means let alone how to install, run, and use one.

      Your average college student knows how to use WoW, and P2P, and many other things that operate on the same principle -- start this program, (possibly) type a password, then you have access to these services.

      Now, granted, the simpler and smarter solution is to provide all network services over something which can be secured -- most of it as HTTPS web services. Anyone have any idea how good support for IPP over SSL is?

      There's a side benefit to this, also -- the school is no longer in the role of an ISP, and no longer has to support those students who don't even know how to open a web browser.

      --
      Don't thank God, thank a doctor!
    7. Re:The end of residential computer networks by the4thdimension · · Score: 1

      From experience, it seems that every university is going to have a bit of its own software to distribute anyway. From SSH clients to Kerberos-enabled printers...

      Actually, my school's network requires naught but that you register your computer. There is no SSH clients to install, no printer software, no certificates... nothing. Maybe its a one-of-a-kind network, but my feeling is that they should all be this way. It seems to be the easiest to manage, setup, repair, and maintain. If you aren't doing it this way, you are likely doing it wrong.

    8. Re:The end of residential computer networks by jsternbe · · Score: 1

      One of UT Knoxville's solutions was to block all P2P file transfers on the university network. I have no idea of how much the software/hardware to do this cost and I hate to think how many computers on campus were comprimised by people downloading patches from untrustworthy websites when the World of Warcraft expansion came out last week (since Blizzard's official updater is excruciatingly slow when it can't use bittorrent).

    9. Re:The end of residential computer networks by Dilpo · · Score: 1

      I go to a university now that requires a VPN to login to their wireless network anywhere. Also required to VPN in if you want to access anything private from your home connection. They don't seem to have too many problems with it, actually none that I'm aware of but I'm sure there is some.

    10. Re:The end of residential computer networks by Renraku · · Score: 1

      That might be a good idea, however, we all know how it would work in reality.

      A company would get millions to meet x requirement in which x was set as low as possible according to however much kickback the decision maker at the university got. So that the local shady internet service would be filling their requirement of a 56k line for every student. That is, any student can use that one 56k line in the modem pool.

      I propose a compromise.

      How about we get something back for it? Maybe the RIAA sets up a grant program and offers each and every student attending $5,000 per year? Yeah, you know what else sounds stupid and far fetched? The only difference is that one side has the National Guard, police, and military under its control.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    11. Re:The end of residential computer networks by SanityInAnarchy · · Score: 1

      Actually, my school's network requires naught but that you register your computer.

      Indeed -- and if the only service you require is Internet access, that's how it should be.

      I'm talking about things like using the school printers, school computer labs (remotely), school email system, etc. Some of these can be provided as web services -- webmail, IPP for printing...

      I would guess that by the time you're talking about having to install SSH or Kerberos (for something which legitimately requires these things), a VPN client isn't too much to ask.

      In fact, at that point, the only practical difference for the student is that when their Internet access doesn't work, they call their ISP, not the school.

      --
      Don't thank God, thank a doctor!
    12. Re:The end of residential computer networks by TheoMurpse · · Score: 1

      Just to back you up on the "university lawyers" comment: I worked for the Office of General Counsel of one of the largest university systems in the United States this summer. The lawyers were both very good and very well connected.

      And very numerous.

  14. Closed P2P by mfh · · Score: 2, Insightful

    Another approach to fighting RIAA and MPAA would be to create a kind of digital fingerprint process that would allow Indie bands and film makers to freely release their stuff over a closed P2P utilizing user accounts. This type of thing has been attempted in the past with great failure, but it's possible that with the proper interest, a push to exclude greedy practices from infiltrating P2P networks would be essential.

    A theory of mine is that many record labels would want to release their stuff for free on P2P so that they can sue later and reap big rewards. That song used to generate $0.99 each, but after you seed it and nurture it, the windfall is $2500 for each song for each downloader.

    Tell me this isn't happening!!!!!!

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Closed P2P by squizzar · · Score: 1

      Surely just a good torrent site where you know that everything tracked is provided by the artists, and the copyright status is known and allows sharing etc. would do the trick. In fact something like it probably exists already.

    2. Re:Closed P2P by SanityInAnarchy · · Score: 2, Informative

      If by "fingerprint" you mean something giving you access, you're talking about DRM, which is unacceptable.

      If by "fingerprint" you mean a watermark, to identify people who share songs, that might work, but it generally means either adding a bit of metadata (which is easily stripped out), or some sort of stenography (which may decrease quality and impact compressibility).

      And a watermark wouldn't actually work with P2P, since if it's metadata applied by the client, it's that much easier to realize it's happening (and how to strip it out), and if it's not applied by the client, the main benefits of P2P are gone -- a torrent results in everyone getting the exact same file, and you want to give everyone a different file.

      So you can either use P2P, or an effective watermark, but not both.

      --
      Don't thank God, thank a doctor!
    3. Re:Closed P2P by digitig · · Score: 1

      If by "fingerprint" you mean something giving you access, you're talking about DRM, which is unacceptable.

      Unacceptable to whom? Not to most of the music-listening public.

      --
      Quidnam Latine loqui modo coepi?
    4. Re:Closed P2P by troll8901 · · Score: 2, Interesting

      I can only admire you and SanityInAnarchy for explaining difficult topics so easily.

      I have another theory on what you're trying to say. Are you saying:

      • identify pirated music that are sneaked onto P2P networks, and remove them before people get sued?
      • making a hash of the audio or digital certificate, to certify them as truly free music?

      (How much do you want for your Slashdot ID? <g>)

    5. Re:Closed P2P by mfh · · Score: 1

      By fingerprint, it's not really a watermark because watermarks are used to tell an author if their property has been downloaded illegally.

      What I'm talking about is something that tells the END USER, if the file is free or not, and a service that backs it up would be WORTH PAYING FOR.

      I would like to have a way to know which songs are open source music (OSM) or public domain. The current file format doesn't supply that information. I'm flying blind, here.

      I have a right to know if my actions will jeopardize my legal future. The act of clicking a mouse can put you away if a series of logical errors stack up and crush you.

      The RIAA and the MPAA wants to sue people for downloading their stuff.

      Sure there are obvious candidates like Britney Spears and Metallica... you know they are sellouts because they suck... it's a given that they MUST be corporate whores. But what about the grey-area bands that nobody knows? What about that techno band who has a bootleg on the internet, that everyone loves and is downloading? How can you tell me that a BOOTLEG can be a copyright offense? No, I'm sorry but I would have to draw the line on bootlegs -- they are public domain if they get out. Or are they?

      I have an idea. The RIAA and MPAA should be forced to release an XML file on P2P networks that lists their copyright materials, so that we can choose to exclude them from our libraries if they happen to get on there.

      Why don't they do that? Oh right... because they make millions suing people.

      --
      The dangers of knowledge trigger emotional distress in human beings.
    6. Re:Closed P2P by Anonymous Coward · · Score: 0

      Shouldn't there be an automatic "+10 Insightful" for all 2-digit Slashdot users, or something?

    7. Re:Closed P2P by mcgrew · · Score: 1

      No, I don't think so. I think the labels KNOW that P2P is a good conduit for spreading the word about any given song, and they don't need it - they have radio. Indies don't. So they're trying to kill the means people have of hearing indie music in the first place - P2P via lawsuits, and notice that internet radio (another indie haven) was saddled with burdensome regulations.

      Say someone (me, perhaps?) tells you about this band named The Station with this really cool song named The Fog. Maybe I don't remember the name of the band, but I remember a song called "the fog". So you type that into your P2P client and download it. Only you've downloaded some RIAA dreck with the same name, and what's worse, they're going to sue you for it.

      It's all about squashing the competetion.

    8. Re:Closed P2P by SanityInAnarchy · · Score: 1

      What I'm talking about is something that tells the END USER, if the file is free or not, and a service that backs it up would be WORTH PAYING FOR.

      If that's all you're after, it seems like the simple solution is to seek out forums where free music (and other media) is distributed.

      For example: Revision 3. Yes, they use BitTorrent -- but if you want to be sure it's legit, you go to rev3's website and get the torrents from there.

      No pay service needed -- just don't be trolling the Pirate Bay, or older P2P systems like Kazaa and Gnutella, and you're fine.

      But what about the grey-area bands that nobody knows? What about that techno band who has a bootleg on the internet, that everyone loves and is downloading?

      If the techno band wants everyone to download it, there are ways they can get that out there. In fact, I work for a company which (among other things) makes that process easier for those artists.

      If the techno band doesn't have the right to release it for free, that's a problem with their contract, not with the distribution system.

      I have an idea. The RIAA and MPAA should be forced to release an XML file on P2P networks that lists their copyright materials, so that we can choose to exclude them from our libraries if they happen to get on there.

      XML? Really?

      Just because: Why not JSON? Or YAML? Or binary-XML, like MKV does? XML doesn't automatically mean open format, nor do open formats necessarily have to be XML.

      But more realistically -- XML is far too small for any P2P network to be wasting its time with. Someone would ultimately have to host it.

      There's also the problem of reliably identifying a bit of media, regardless of things like container and encoding. A simple md5 won't work.

      And that's just the technical aspect...

      Why don't they do that? Oh right... because they make millions suing people.

      As conspiracy theories go, that one's pretty weak. We're talking about lawsuits against teenage girls, grandmothers, and dead people. Do most of their targets even have enough money in their savings to cover the legal fees alone?

      How about: They don't do it because it would require someone to develop, distribute, and maintain a spec. They can't even agree on a single DRM format to shove down our throats; what makes you think this would be any different?

      It also would require adoption to work. So, why should I adopt it? It's certainly not a guarantee of anything -- the MPAA and RIAA are certainly not the only copyright holders, and without some bizarre new law, there's nothing forcing even them to keep that list updated and complete.

      So, assuming it was accurate, such a list would only tell me which media in my library is not OK. It couldn't tell me which is legal. Pragmatically speaking, since I can never really know which parts are legit, I may as well assume all of it might be found to be illegal, and encrypt the whole drive.

      But let's say it works -- they'd still be suing people, because not everyone would know about the new format, and those who did might not care. They can always claim in court that they didn't know about it.

      --
      Don't thank God, thank a doctor!
  15. Like they don't have anything bettet to do.... by olddotter · · Score: 2, Insightful

    This is just a hidden bail out of the music industry. They need a viable business model in the modern world.

  16. Unjust by MikeRT · · Score: 3, Insightful

    If they aren't receiving state funds, then the state has no business putting this mandate on private institutions. Then again, this country has a long, sordid history of things like "attractive nuisance laws" like the ones which make people who have pools in their yards put up all sorts of fences to keep kids out of their yard (rather than arresting the kids for trespassing).

    1. Re:Unjust by Alrescha · · Score: 1

      " Then again, this country has a long, sordid history of things like "attractive nuisance laws" like the ones which make people who have pools in their yards put up all sorts of fences to keep kids out of their yard (rather than arresting the kids for trespassing)."

      I think you're confused about the purpose of these laws. There is no point in arresting the dead child floating in your swimming pool.

      A.

      --
      ...bringing you cynical quips since 1998
    2. Re:Unjust by Windrip · · Score: 0, Flamebait

      Especially when the trespassers are dead of drowning

      You are an ignorant little shit-stain, aren't you?

    3. Re:Unjust by base3 · · Score: 1

      Ah, but the students sometimes receive state funds. And so if one student attends a private university and receives an education grant from the state of Tennessee paid via the school (as is usually the case), the institution becomes subject to the rules.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    4. Re:Unjust by Anonymous Coward · · Score: 0

      Burdensome regulations hurt small businesses and individuals. Therefore, entrenched oligopolies like them. Guess who has more power.

    5. Re:Unjust by walshy007 · · Score: 1

      I think you're confused about the purpose of these laws. There is no point in arresting the dead child floating in your swimming pool.

      Well, I find it in the same vain as taking warning stickers off of things, and letting darwinism do it's thing. Only in this case it would be more so the whole teaching your children from a young age to stay away from pools unless an adult is with you, parents that fail parenting result in possibly harmed child, suprising? no

    6. Re:Unjust by Alrescha · · Score: 1

      "I find it in the same vain as taking warning stickers off of things, and letting darwinism do it's thing."

      So roads should not have guardrails (just drive properly), bridges need not have handrails (watch where you're going), sidewalks not painted (should just 'look both ways'), ad nauseam, ad absurdum?

      A.

      --
      ...bringing you cynical quips since 1998
  17. Unconstitutional = unreasonable by Taibhsear · · Score: 2, Interesting

    [R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources

    Well violating the students' constitutional rights seems pretty unreasonable to me, so the whole law is moot IMHO.

    1. Re:Unconstitutional = unreasonable by Aladrin · · Score: 1

      You have a constitutional right to infringe copyrights?

      Or maybe you have a constitutional right to use the University's network in any way you wish?

      Or maybe you think that 'privacy' applies on private networks and land?

      There are plenty of reasons that this won't work as the RIAA wants, but this isn't one of them.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:Unconstitutional = unreasonable by Taibhsear · · Score: 1

      A blanket of 50 John Doe notices of infringement based on IP addresses do not count as valid identification of infringement. It has been refuted many times already.

      Or maybe you think that 'privacy' applies on private networks and land?

      Yes, that's generally what the terms private and privacy mean.

    3. Re:Unconstitutional = unreasonable by mc900ftjesus · · Score: 1

      The problem is making taxpayers carry the burden of a dying industry to keep their executives well paid, not your delusions of privacy where you've explicitly been told you have none.

      Try reading the terms of service you've agreed to before you go for that "unconstitutional" angle so quickly.

    4. Re:Unconstitutional = unreasonable by Taibhsear · · Score: 1

      This has nothing to do with terms of service. It has to do with the RIAA's strategy to find 'infringers.' You have heard about the homeless people, people who don't own computers, and printer IP addresses being targeted for infringement haven't you?

    5. Re:Unconstitutional = unreasonable by Catiline · · Score: 1

      You have a constitutional right to infringe copyrights?
      Or maybe you have a constitutional right to use the University's network in any way you wish?

      No, but I do have a constitutional right to face my accuser in court... while this law appears to be little more than a way to accuse an entire campus of malfeasance at once.

    6. Re:Unconstitutional = unreasonable by rfc1394 · · Score: 1

      You have a constitutional right to infringe copyrights?

      I don't think that is being said. On the other hand, there may be no constitutional right for the State of Tennessee to enforce copyright since it is arguable that Congress has completely usurped the subject of copyright and taken any and all jurisdiction over the subject away from the states.

      For example, the 21st Amendment repealed the 18th, ending prohibition and providing that importation of alcohol into a state in violation of its laws is illegal. Thus it was argued that it means that there is one exception that states have no jurisdiction over interstate commerce; the exception had to do with alcoholic beverage shipments to a state, where the state would have jurisdiction over interstate commerce in this one particular instance. However, the U.S. Supreme Court decided that the 21st Amendment did not give states jurisdiction at all over interstate commerce even when it dealt with importing alcoholic beverages.

      So while one can say that one is not saying that someone has a constitutional right to infringe copyright, what can be said is that a state has no constitutional right to enforce it either.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
    7. Re:Unconstitutional = unreasonable by rfc1394 · · Score: 1

      I do have a constitutional right to face my accuser in court...

      That only applies in criminal cases. Very few copyright cases are criminal in nature; less than 20 a year, I think.

      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  18. Re:US Residents listen up: by Anonymous Coward · · Score: 0

    get f*cking up and f*cking do something about those f*ckers, protest, bring down the system, whatever, but don't sit on your lazy asses

    ...said a poster on Slashdot, probably from his couch.

  19. Making others do your policing by Killer+Eye · · Score: 1

    I hate laws that essentially force others to pick up the bill for a special interest group's policing.

    If the RIAA wants universities patrolled, let the RIAA pony up the money. For example, the RIAA could create some kind of contract with universities to have this done, if they really care that much. (Of course, I'd rather the RIAA just go away.)

    The role of a university is education, and their budgets are limited enough. The idea that future tuition will probably be hiked to offset this kind of unnecessary expense, is even more disgusting than the idea of monitoring infringement in the first place.

    --
    "Microsoft killed my company, I hold a personal grudge. I don't use Microsoft products and neither should you."-JWZ
  20. How many institutions of learning can they have? by Anonymous Coward · · Score: 0, Flamebait

    McCain won Tennessee 60%-39%.

  21. Social networking would still work, after a fashio by Mathinker · · Score: 2, Interesting

    The students could still run a website where people would advertise what content they had, and how to contact them to gain "access" to it, face-to-face. The university would be compliant, since this website, AFAICS, would not violate the DMCA itself. It might be in violation of "encouraging copyright infringement", but that's different, I think.

    If the students are clever, and advertise the site as something which helps you meet other students with similar tastes in music, I think it might be hard to get any kind of ruling against it.

  22. Terrorism by dr_d_19 · · Score: 1

    Ladies and gentlemen, RIAA are the mafia of the 21th century.

    1. Re:Terrorism by maxume · · Score: 2, Insightful

      Oh please. If the mafia came after you for file sharing, you would be begging for lawyers and political hijinks.

      --
      Nerd rage is the funniest rage.
  23. do you sing? no,... really by Simonetta · · Score: 5, Interesting

    Yes, do you sing? You listen to recordings of other people singing and find them pleasurable. You make copies of these recordings so that you can get the same pleasure later. You actively listen to new radio and television shows in order to hear new songs to repeat this cycle. You go to bars and concerts to hear other people sing, even without hearing their recordings previously.

      But you don't really sing yourself. It feels weird. You look weird doing it. Everyone looks at you weird should you do it. Everyone accepts that music and singing is what's on a disk that comes from an 'artist' and is something that you buy from a disk shop. Or download on a bit torrent. And get hassled and extorted by the RIAA who occasionally spy on your downloading. Something that they gave themselves the right to do without asking you.

      This is your-our cultural input conduit. It is based on the economic concept that the best singers and song makers will physically go to a centralized city, meet with the best music instrument players, sing and play together, and the recording of this will be put on a disk. A corporation will make millions of copies, send these disk copies to all corners of the globe, sell them to people who enjoy the best singing and playing, keep most of the money for themselves and give the singers a few pennies maybe from every dollar that they collect from selling these magic music disks.

      A hundred years go by and this strange economic model transcends mere commerce and becomes the primary cultural conduit for most people in the developed world.

      But it is an aberration. It's only a 20th century phenomenon. It didn't exist in the hundred centuries before the 20th. And now the 20th is over. And the centralized cultural distribution model is getting better at putting you in jail, extorting your financial resources, and getting you thrown out of school than it is at meeting your basic human cultural needs.

      So get a new model; get a new cultural conduit. Go back to the ways before the 20th century that people used to develop their cultural resources. Where are you going to find new music if not from recordings? From books. There is a system for writing and reading music. It works. Learn it. Where am I going to hear and share new songs? From listening to people sing them to you. And by you singing new songs to them. Sure it hurts the ears at first. Sure it feels weird and silly and uncomfortable. But these are only 20th century cultural conditionings. And the 20th century is over. Time to leave it behind.

        This is the only way that we are going to stop the RIAA. By developing a parallel culture that meets our needs. And then keeping it secret from the 20th century music corporations.

        Learn to sing.

  24. Doing the maths by gnasher719 · · Score: 1

    So that is $9.5 million plus $1.5 million per year for Tennessee universities. Tennessee population is about 1/45th of the USA, so a similar program for the hole of the USA would be about $420 million initially plus $62 million per year to "reasonably attempt to prevent copyright infringement" at university campuses. May I say that is an awful lot of money to cover one industry. Wouldn't it be much more worthwhile to invest state money into the prevention of shoplifting, which is a real crime, and creates more damages.

    1. Re:Doing the maths by Joe+The+Dragon · · Score: 1

      How will it cost to give the mail cops more real cop powers?

  25. Tennessee? by wcrowe · · Score: 2, Insightful

    At first I thought, "With the economy being what it is, I can't believe that a state would pass such an expensive statute." Then I remembered that Tennessee is the home of Nashville. So perhaps that is why the RIAA has so much pull there.

    --
    Proverbs 21:19
  26. So you're a judge, also? by Mathinker · · Score: 2, Interesting

    > I'm not an idiot, I can tell when content is infringing copyright or not, and I'll deal with it.

    That's a good one! Look at the movie "Charade", for example. It was hosted for quite a while on archive.org because it was originally screened without a copyright notice. The MPAA found some loophole and got it taken down....

    1. Re:So you're a judge, also? by compro01 · · Score: 1

      No loophole. Under the Berne convention, all works are automatically copyrighted, notice or no notice, unless explicitly stated otherwise.

      --
      upon the advice of my lawyer, i have no sig at this time
    2. Re:So you're a judge, also? by eison · · Score: 1

      The U.S. didn't accept Berne convention copyright rules until March 1, 1989. So how they would apply to a 1963 movie is beyond me.

      --
      is competition good, or is duplication of effort bad?
    3. Re:So you're a judge, also? by CSMatt · · Score: 3, Insightful

      How the US managed to pass a law that retroactively (and, therefore, unconstitutionally) extended copyright terms 10 years ago is beyond me, but it happened.

    4. Re:So you're a judge, also? by Mathinker · · Score: 1

      My understanding of the consequences of the US accepting the Berne convention is that any work which had already entered the public domain in the US was not affected (in the US). I suspect that the MPAA claimed that the movie was a derivative work of an earlier book or music which wasn't in the public domain and used this to justify that the Berne convention rules applied.

      But anyway, the fact that we're arguing about it kind of supports my point that network administrators aren't going to be able to figure out which content transfers violate IP law and which don't. I'm practically certain his "algorithm" is: "if it sounds like professionally recorded music, it's in violation" --- which for sure would be wrong for a lot of indie music under CC licenses.

      But even if he actually did due diligence on each and every transfer investigation, his real priorities are actually "if it uses a lot of bandwidth and my bosses don't care about it, it's bad" which automatically makes him a far from disinterested judge.

  27. Best of luck RIAA by einer · · Score: 4, Interesting

    As an IT professional working at one of these TN universities I can report that the budget crunch currently going on in education (the aggresive growth policies that served the endowments so well in the past were mostly real estate driven) will limit the resources these new directives are allocated. In fact, we're actually considering open source solutions for the first time since I've worked here. Pretty sure the RIAA's financial well being is not at the top of our list.

    1. Re:Best of luck RIAA by troll8901 · · Score: 1

      In fact, we're actually considering open source solutions for the first time since I've worked here.

      Hooray for open source!

      (I swear, if there's a "Private Reply" feature, I'd use it.)

    2. Re:Best of luck RIAA by jvkjvk · · Score: 2, Interesting

      The problem is it's not "best of luck" I'm pretty sure the law has some teeth should you not comply. It doesn't matter that there's no money for it; any discretionary budget will get soaked up - think upgrades (you really didn't need that new comp lab did you?)

      Unless this law is struck down your uni will either do what the STATE wants or lose state support, perhaps accreditation, funding. This is a compliance issue now, not a "good luck" issue.

      If you think you're in a budget crisis now, tell the RIAA "best of luck" after they serve your uni with 50+ of these notices...

    3. Re:Best of luck RIAA by einer · · Score: 2, Insightful

      Unless this law is struck down your uni will either do what the STATE wants or lose state support, perhaps accreditation, funding. This is a compliance issue now, not a "good luck" issue.

      The state is not responsible for accreditation. We are not a state institution and do not rely on the state for any funding. The contention is between the development of our alumni relations (donations) and spending money on enforcing another organizations business model. I would be shocked if we voluntarily spent money we didn't have on something that we don't need, when we could spend it on pan handling our well heeled alumni.

    4. Re:Best of luck RIAA by Anonymous Coward · · Score: 0
      As an IT professional working at one of these TN universities I can report that the budget crunch ... will limit the resources these new directives are allocated. In fact, we're actually considering open source solutions for the first time since I've worked here.

      A university that's never considered OSS before has bigger problems than the RIAA. Really. Ask yourself: Does your university have a "mission statement" or the equivalent, and how does that fit with their endorsement of secretive proprietary technologies?

    5. Re:Best of luck RIAA by jvkjvk · · Score: 1

      I just read the law itself - available at http://www.legislature.state.tn.us/info/Leg_Archives/105GA/bills/Chapters/PC0819.pdf

      After reading that, i believe that you are correct. The law states that schools must make "reasonable efforts" but provides no penalty for doing absolutely nothing and does not even define "reasonable".

      At most, your efforts or lack thereof are put into a report. oooh scary!

      I can't see any true justification for an independent school to comply; there is a penalty (in $$) for complying and none for just blowing them off. State schools may be another matter, though.

      However:

      Similar to many other industries that are regulated, this law is basically a suggestion with a report card type progress report. If non-compliance is an issue then you can expect further legislation involving actual penalties for non-compliance.

      Those reports will be taken into account by the legislature. If they are in the mood to (and have received enough $$), they will then enact a penalty phase since this law failed to gain traction (you know that's what the RIAA will push, even if schools do try to comply).

    6. Re:Best of luck RIAA by Anonymous Coward · · Score: 0

      Can someone mod that guy up for reading the law and reporting back to us? I know I didn't want to go through the trouble.

    7. Re:Best of luck RIAA by SonicSpike · · Score: 1

      I am a graduate of MTSU. A good friend of mine who is a professor there, told me that a verbal memo was sent out to the staff to NOT speed on campus. Apparently the funds are so bad that the campus cops have been told to ticket any infraction they can find to raise funds.

      --
      Libertas in infinitum
  28. ennessee Budget Shortfall Could Reach $800 Million by dhwebb · · Score: 3, Interesting

    Foundering first quarter revenue collections indicate that Tennessee's state budget shortfall could reach $800 million, Gov. http://www.topix.com/state/tn/2008/11/bredesen-tennessee-budget-shortfall-could-reach-800-million

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
  29. Why not nat the dorms with a waiver to get IP / fo by Joe+The+Dragon · · Score: 1

    Why not nat the dorms with a waiver to get a IP that can be used network wide / forwarded ports?

  30. Re:ennessee Budget Shortfall Could Reach $800 Mill by dhwebb · · Score: 1, Funny

    Hell, we can't even afford the T in Tennessee.

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
  31. Re:Social networking would still work, after a fas by theaveng · · Score: 1

    I used to do that back in the days of BBSes (using a speedy 2.4 kbit/s connection).

    We posted publicly what CDs we owned, and then had "copy parties" to record tapes of each other's possessions. It was an effective method albeit time-consuming.

    --
    FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
  32. Re:US Residents listen up: by Anonymous Coward · · Score: 0

    If anyone has got to do it it's gotta be slashdot posters because regular anarchists don't care about information technology and the associated rights.

  33. Maybe they can bum some change from Paulson by REALMAN · · Score: 1

    If they apply for some of that bailout money, (let's say a billion or two), Then they can afford to stop all internet traffic on campuses and send their students to Internet Cafe's to do their downloading. They could also hire a campus employee to go out wardriving to find all the hotspots and post them in the student rec. centers so students can download the latest Milli Vanilli hit on someone elses network :P

    --
    - A Frog in a pond utters an azure cry. -
  34. Corporate welfare at its best! (Or worst?) by sydbarrett74 · · Score: 1

    Subject says it all....

    --
    'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
  35. Re:do you sing? no,... really by russotto · · Score: 1

    Where are you going to find new music if not from recordings? From books. There is a system for writing and reading music. It works. Learn it. Where am I going to hear and share new songs? From listening to people sing them to you. And by you singing new songs to them. Sure it hurts the ears at first.

    And again, and again, and again. Two names: William Shatner and Leonard Nimoy. Most people don't sound any better than those two.

    Besides, none of this avoids copyright. There's copyright on sheet music; it applies to performing that music publicly. There's copyright on lyrics, which apply to performing those lyrics publicly.

  36. Residential network = ISP? by anexium · · Score: 2, Interesting

    If this is with regard to a residential network provided by the universities (and not the university network as such), wouldn't the provision of this put them in the same position of an ISP, and therefore protected by the same regulations that stop ISPs getting sued for the content that goes across their network?

  37. Hit them where it hurts by chord.wav · · Score: 3, Insightful

    Stop buying music and movies. Yes that includes the ones in iTunes.
    No mattr how loud you complain, if you still are giving them your money, nothing will get solved.

    You have to be the change you want to see in the world - Ghandi

    1. Re:Hit them where it hurts by wikinerd · · Score: 1

      Stop buying music and movies.

      If that means stop buying music and movies developed by copyright freaks, while at the same time remaining legal and avoiding copying their music and movies illegally without approval, that's a good advice.

      Even better would be to participate in the free culture and amateur artistic movements, where there is much more creativity every second than all big-name directors can provide in ten years time. Watch freely-given and free-licensed (Creative Commons etc) movies or music, share it, and most importantly than all use the licence's freedoms to remix it and create new movies or music, further empowering the free culture movement.

    2. Re:Hit them where it hurts by chord.wav · · Score: 1

      I couldn't say it better. I totally agree.

    3. Re:Hit them where it hurts by mcgrew · · Score: 1

      No, Stop buying their music and movies. Buying from the indies is buying from their competetion, which hurts them worse than simply not buying anything.

      The war against P2P is a war against indie music.

    4. Re:Hit them where it hurts by Anonymous Coward · · Score: 0

      Stop buying music and movies. Yes that includes the ones in iTunes.
      No mattr how loud you complain, if you still are giving them your money, nothing will get solved.

      Well it's a nice thought. However they will simply attribute the loss of revenue to piracy, like usual, and get handouts from the government to compensate them.
      At which point you'll be supporting them through your taxes instead of directly.

    5. Re:Hit them where it hurts by jagdish · · Score: 1

      Sigh, its Gandhi not Ghandi. One is his name, the other is not.

  38. Logging into a VPN by davidwr · · Score: 1

    If a student can't read a how-to-login-to-the-VPN instruction sheet, deny him access from his dorm until he can pass remedial instruction-following 001.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Logging into a VPN by the4thdimension · · Score: 1

      You and I both know its NEVER as simple as this. Multitudes of different software and hardware configurations mean that it is almost never as simple as "install and go". Many users are going to mixup, messup, or otherwise make it so that they can not continue the instructions without some form of guided help.

      Hell, my mother can read and I could giver her a step by step instruction sheet for going from a turned off computer to running mozilla and she would still mess something up.

  39. FAIL by davidwr · · Score: 1

    CdmrTaco Rule #327:

    You are only allowed to be a racist homophobic troll if you are the first thread or within 60 seconds of the 1st thread.

    FAIL

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  40. Re:do you sing? no,... really by troll8901 · · Score: 1

    And with singing, comes the instruments too. (Especially the amplified instruments.)

    More Gigs! More Bands! MORE NOISE !!!

    Oh, the residential estates are going to hate me for this. Heehee.

  41. one of these days by Anonymous Coward · · Score: 0

    You know maybe just maybe someone will see sense and the nation will get it's collective ass into gear and tell the RIAA to go spin on a sharp stick ,
    It really is pathetic that in this day and age we have a people prepared to allow and put up with such a bunch of obvious cheating lying moronic thugs as the RIAA maybe if the artists were not paid so much and the managers ect were made to take a much more realistic slice of the pie we would not need such a bunch of fraudsters as the RIAA and that is all they are pure and simple FRAUDSTERS

  42. try this by Anonymous Coward · · Score: 0

    1. Write and copyright a poem
    2. Give a student a copy of poem and contract not redistribute, with penalties at 1c each if he does
    3. Student distributes 50 copies, you file 50 valid DCMA notices
    4. University wastes money

  43. This will just destroy . . . by base3 · · Score: 1

    . . . Tennessee's stellar reputation as a leading state in higher education. Oh, wait.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  44. Nashville has more than country by Nerdposeur · · Score: 3, Insightful

    You know, the blues started in the south, too. There is a club in downtown Nashville with B.B. King's name on it, and other genres get recorded there, too.

  45. Re:ennessee Budget Shortfall Could Reach $800 Mill by Anonymous Coward · · Score: 0

    Hell, we can't even afford the T in Tennessee.

    I hear that Boson just chucked theirs into the harbour...

  46. Definitions Please by Nom+du+Keyboard · · Score: 1
    Define "reasonable" as in take reasonable steps. If it costs a fortune for only marginal effectiveness at best is that a "reasonable" expenditure of education money?

    Next define "valid" as in valid DMCA notices. Suppose the university looks where the infringing material is supposed to be found and it isn't there. Does that make the notice invalid and you don't have to count it? And what if the notice isn't filled out properly? Or there's no proof that the notice sender is actually the copyright holder? A lot of these takedown notices have been very sloppy at best. What about counter notices? Do they decrement the count by one each time.

    You know, there are penalties for filing false takedown notices. So what might happen if a university, tired of the RIAA's harassment of its I.T. staff, decided to prosecute every bad notice received? Want to bet that they might quickly find themselves off the RIAA's list (think Harvard who only threatened to prosecute) while they went after other low-hanging fruit?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  47. Law may not have "teeth" by t2000kw · · Score: 1

    If the school administrators have a backbone and are willing to stand up to the RIAA, there may be some weak spots in this law. (I haven't read the whole law, just the excerpt here.) Define "reasonably" in the sentence "[R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources" and it seems to be rather vague. It seems that there are no standards are set forth as to what is reasonble. The other weak point is here: "if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 within the preceding year" What constitutes "legally valid" notices of copyright infringement? Some courts are now alleging that the RIAA can't file suit against students unless they first have proof (not just allegations) that the individual(s) did indeed infringe on copyright(s). That would mean that they don't have a "legally valid" complaint, would it not? I'm not a lawyer, but it seems that if the law is rather vague about this, it will be tested very soon in the courts.

  48. Sigh by Anonymous Coward · · Score: 0

    Universities are known hotbeds for illegal file-sharing of all kinds, music, books, games.

    If you want to find something for free, your local college is the place to go.

    I'm not surprised about this kind of law getting passed, where else can you find so many people who are willing to engage in such behavior?

    1. Re:Sigh by mcgrew · · Score: 1

      Hi there, Mitch! How's business?

  49. In other news... by besalope · · Score: 1



    Enrollment in TN universities recently plummeted as many students became unable to pay the exponentially increasing tuition. University Administrators cited the "TN SENATE BILL NO. 3974" as the primary driver of tuition increases.

    Nashville was over-run with celebration hosted by the RIAA who clashed with former-student protestors. Sadly, no RIAA employees were injured, maimed, or killed.

    </queue future '09 reel>

    1. Re:In other news... by mjwx · · Score: 1

      <queue future '09 reel>

      Former student Pirates turned to terrorism today as they tried to attack a celebration hosted by our glorious benefactors, the record labels in Nashville today. Security was able to deal with the Terrorists in a timely fashion before any record label employee or guest was harmed.

      In other news, Tennessee Education Department were pleased to announce that only the best and brightest students now attend coveted Tennessee universities, this is directly attibuted to the sucess of "TN SENATE BILL NO. 3674" in removing uneducated and lazy pirates from the university system.

      And now a word from our sponsor, Time Warner.

      </queue future '09 reel>

      There, fixed that for you.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  50. Who pulls the strings???? by MarkvW · · Score: 1

    A seemingly vague 'reasonableness' standard has been imposed upon the universities. Whoop-de-do! The most important questions are: (a) What coercive power does the Act provide? and (b) Who has the power to coerce?

  51. Is that even legal? by Anonymous Coward · · Score: 0

    There is just on thing that is bothering me in the first place...

    Is it legal in the US for a Record Company to spy on users web traffic? In my country that is as bad as looking through someone's mail and you can get sentenced to jail for it.

  52. Re:Why not nat the dorms with a waiver to get IP / by Anonymous Coward · · Score: 0

    I don't know if it is like this everywhere, but my university network will give you a unique ip, but still block all those useful ports. And even if they were open, they have this shiny new Network Operations Center to monitor traffic and block users who use P2P.

  53. Move a loss into the win column... by Anonymous Coward · · Score: 0

    I don't think they get it. The problem is they have people taking their art and not paying for it. They want to turn those people into paying customers (at least I'd hope that's the plan).

    So what is their solution? Criminal sanctions! Because nothing says grateful returning customer than a lawsuit!

    Why not just offer lower cost music to students. Right now you get $0 per track, well if you could get say even $0.15 per track (or a couple bucks per album), wouldn't that be worth it? Offer say mono 96kbps mp3s, that while they're not in stereo or have the same fidelity as the original, don't sound like shit. They'd also be a lot smaller overall than the typical AAC or MP3 offered.

    You're always going to have people copying things, but I think you'll catch a lot of people willing to spend $2-3 for a known good copy of an album instead of hunting around P2P searches.

    Frankly though, we're talking about people who don't have a lot of disposable income. They're just not going to rush out and buy $20 albums. Get that idea out of your thick skull.

    I know if I were an artist I'd rather sell a $3 album that cost next to nothing to distribute (no physical cd, case, cover, etc) than $0 because everyone just copies it via Kazaa or whatever.

    1. Re:Move a loss into the win column... by bluefoxlucid · · Score: 1

      I'd rather see $0 because 1) my agents are sue-happy justice-system-abusing assholes; and 2) my agents get 70% of the record sales and ASCAP performance money by contract and (leveraging interesting legal loopholes) 30% by other liabilities, while I get t-shirt and concert sales money.

  54. Well... by vegiVamp · · Score: 1

    11 million sounds way past a reasonable attempt, to me.

    --
    What a depressingly stupid machine.
  55. Re:do you sing? no,... really by Metasquares · · Score: 1

    There are also instruments that can make pleasing noises in the absence of the ability to sing. If we're going to revive the classical tradition, we may as well do it right :). Nothing says that music must have words. And fewer people look at you funny when you start out on an instrument than when you start singing.

  56. What's Reasonable ? by Anonymous Coward · · Score: 0

    If you know you don't have a hope in hell of actually stopping it, then just posting a 'Don't Do This' sigh is reasonable.

  57. Re:do you sing? no,... really by Anonymous Coward · · Score: 0

    But you don't really sing yourself. It feels weird. You look weird doing it. Everyone looks at you weird should you do it.

    Awww... Somebody failed their Rock Band group? It's OK man, you can always play the bass!

  58. why have computers provided by the uni at all? by wikinerd · · Score: 1

    I don't understand why universities need to provide students with their own computers and network access in an era where every kid has not one but two, three, four, ten, twelve, or thirty computers (depending on how nerdy they are!). Why not just ask the students to get their own laptop and their own, personal, 3G/HSPA cellular Internet connection with an ISP of their choice? After all, every student wants to have the latest netbook with GNU/Linux, and not the Windows-based desktops or weighty laptops with locked-down net access that universities may provide. An Acer Aspire One netbook with a 3G modem and a SIM card is what students need, paid by them or their parents.

    For poor students, some programme of financial support could be employed that would enable the student to buy their own netbook and 3G connection, with the laptop and connection being the student's property, so that no law and nobody could force the university to play the police officer's role.

    Universities must focus on what they do best, providing education, and not throw money at IT and other projects outside their competencies that only make tuition costs higher without satisfying students. Let's keep tuition costs down and let the individual students and their families choose whether they want to spend their own money on a netbook with 3G. Let's get the universities to spend money on real scientific equipment that the students can't get easily themselves, rather than on consumer devices that are so commonplace that most students see the university's computers as too old for their needs and prefer to have their own netbook/laptop anyway (while they still pay the inflated tuition, a good portion of which is because of the cost of IT nobody uses).

    Students don't want university-provided email, they want lower tuition and their own email. They don't want university-provided computers, as they already have their own (those who don't and need one can receive financial support if a suitable programme is offered by the uni, which it should be offered). Students don't want high tuition as a result of the university's IT costs while they rarely really use this IT infrastructure, they want lower tuition and their own, personal IT infrastructure, which they probably already possess anyway. There is no need for university-provided WiFi at all as well, as 3G coverage is provided everywhere anyway, at least here in Europe, and many students anyway prefer to study at home and only visit the uni for exams or handouts so for them any uni-provided IT infrastructure is not used at all.

    1. Re:why have computers provided by the uni at all? by musicalwoods · · Score: 1

      Well, for starters, my university is not even in the 3G coverage area in my state. The dorm network (which is what this law effects) is only used with personal computers. The university not providing computer labs would prevent certain classes from being taught and would deny access to computers for a significant population of the student body. Computers are "real scientific equipment" for a lot of departments here. Students all use university-provided email, as every instructor has their class's mailing list the day classes begin. Many students here utilize the library and the student union for study environments. All of the popular computer labs are full from 10am to 3pm, and even at 3am they are 1/5th full.

  59. Switch to a Public Network by Anonymous Coward · · Score: 0

    One thing I do not understand is why private enterprise does not try to specialize in providing services to this group as a 3rd party. As an ISP vs a private network run by the university they would have to follow the same rules as any other ISP and it would free the universities from accountability. They could even bill as a separate fee to avoid lawsuits over the definition of private. As for the need for certain private network activities. It is nothing to create a few VPNs for when students need to connect for classes and some isolated sub nets for the computer systems that need such services such as registration and accounting. In fact in the vast majority of cases the new network design would be more safer and more secure than what most network jockeys fresh out of college can provide.

  60. Contact the Obama/Biden administration by Nick · · Score: 1

    http://www.change.gov/page/s/contact If enough of us link to TFA and tell him how stupid it is for a government body spend money on the RIAA's behalf and how we should repeal or ammend the DMCA, they may listen to us.

    --
    Fuck Ajit Pai
    1. Re:Contact the Obama/Biden administration by DarKnyht · · Score: 1

      If you truly believe that something like that will make a difference, I want whatever kool-aid you have. They promised you change, but it is not the change you hoped for or one you would willingly ask for if you knew what it was. That is why they were so vague on everything.

      If you want to know what is coming down the pipe, pick up "The Forgotten Man: A New History of the Depression" or a good history of the Carter years. You cannot tax yourself to prosperity, nor can you continue to spend more than you make.

      --
      Voting them all out of office, now that's change I can believe in.
    2. Re:Contact the Obama/Biden administration by Nick · · Score: 1

      well, it's worked before in the past.. risk vs reward is a good ratio to use as a deciding factor.. risk: 1 minute of my time to post on change.gov and 1-2 minutes of my time on slashdot vs reward: getting something changed i believe in. not bad at all.

      --
      Fuck Ajit Pai
  61. UT can't afford this by Crysm · · Score: 1

    The fuck? I go to UT Knoxville, and it's already suffering from budget cuts (they cut an entire department this year), so this pisses me right the hell off just for that alone. At least I'm not on their computer network any more...

  62. New Career Boom by nurb432 · · Score: 1

    "IPA Investigator"

    Of course if everyone encrypted their traffic, it would make 'patrolling' a moot point.

    --
    ---- Booth was a patriot ----
  63. Modem speed by troll8901 · · Score: 1

    Just wanna relate an experience I once had.

    I listened to a software presenter once, many years ago. The presenter said there's no point splurging on a 28.8kbit/s modem, because in his own experience, his own 14.4kbit/s modem was just as fast.

    1. Re:Modem speed by theaveng · · Score: 1

      That's entirely possible if the 28.8 was not using compression, and the 14.4 was. A 14.4 has an effective speed of ~70 kbit/s using the built-in compression.

      You shouldn't just blindly look at the numbers and assume 28.8 is faster than 14.4. Dig deeper troll8901.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
  64. As long as campaign donations are legal... by freedom_india · · Score: 1

    As long as campaign donations by outsiders are legal you will see more such laws that benefit those donors than universities or you.
    That is why you have multi-billion dollar bailouts, sucrose instead of sugar, and tax credits for oil companies.
    Congress critters and state senators care a rat's ass about your welfare or mine or even their constituency's.
    All they care about is MONEY and POWER.
    As long as RIAA, Walmart and Exxon feed their egos and feed them money you will see such stupid laws coming.
    Pretty soon it will be illegal to hum a song when its being played on radio.
    Disconnect donations from election funding. Make it state funded and see this go away.
    Unfortunately not even Obama who came roaring to power on people's $10 and $20 will be able to do this short because 99.9997% of the congress and senate is elected by these thieving corporations.
       

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  65. Re:do you sing? no,... really by noidentity · · Score: 1

    Tangential question: why do you both indent your paragraphs and put whitespace between them? Either one alone is sufficient.

  66. Yes, we have the hammer... by Anonymous Coward · · Score: 0

    ...even though We-The-People are being ignored by the corporate controlled Government. We have the purse strings. Stop buying their products and those corporations will quickly fade away. We can then get back to doing things in a fair way.

    Stop buying products from corporations that strong-arm OUR government... it won't take long (this includes big finance and the Fed by-the-way).

    True entertainers will always perform, paid or not. With an efficient, and nearly free, distribution system the performers can make an honest living directly... as long as they are not greedy and can accept an honest living. We need to end this notion that entertainers deserve extravagant wealth. Be it in Sports, Music, Television, Movies, the Arts, etc.

    The one chink in the suit of armor called capitalism is greed. The other systems have far greater holes in them. There is no sweeter taste than Freedom. If we want to be free, it must include free markets. Via collective intelligence We-The-People can control greed... we have the hammer... if we'd only use it!

  67. Re:do you sing? no,... really by 31415926535897 · · Score: 1
    Your suggestions are good ones. I think this could be a great way to defeat the RIAA. However, for even those that can sing, this might not work.

    For instance, I can sing: I am a band leader, I sing solos, I direct choirs...

    However, I don't really have one bit of creative talent to create new material. I have given it a try--I suck. I can read music just fine, and I'm good at reproducing what that music says to do, but I haven't the faintest idea how to write it.

    It's not like when I program, and I know the desired outcome and can link together the logic necessary to get from start to finish. No, music doesn't have business requirements, use cases, and you certainly don't know what the finished product is (unless you have the gift, like Mozart) until it's finished.

    I think there would be more of what you advocate, but I suspect that there would be general suckage throughout society. And I think that's why we turn to the labels--there is good stuff there--even if it's just 1% of the stuff. And I know that I (and probably most others that aren't a part of the industry) don't have the creativity or talent to create something that could touch the 99% of bad stuff in the music industry. And seriously, I can sing and play multiple instruments, but that doesn't change my creative musical ability.

  68. so let me get this straight... by Sfing_ter · · Score: 1

    The state will increase it's IT staff (more geeks who will likely usurp their bandwidth doing what they are paid to stop :D ), to monitor the traffic of sororitys, frats and dorms. This really shows that neither the RIAA-MPAA nor the legislature knows what they are doing. It's kind of like letting the legislature vote on their own pay raises.

    Now I realize that not ALL the IT staff will be anti-dmca but the possibilities make the mind wobble. Where do I send my resume?

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  69. Radiohead by mfh · · Score: 1

    Because when I think Indie, I think Radiohead.

    Why wouldn't you think Indie when you think Radiohead? The band is signed with TBD currently, but I think that they really proved that it could be profitable using independent, free-thinking album release, which is actually part-in-parcel with being Indie -- regardless of who promotes and/or distributes you. I'm not sure who gets more credit, TBD or Radiohead for that move, but it's a big departure from the RIAA, is it not?

    --
    The dangers of knowledge trigger emotional distress in human beings.
  70. Treat them like off campus students by Fred+Ferrigno · · Score: 1

    When I was in college, nearly everything was accessible from the public internet because of all the off campus students. (It was all password protected and SSL encrypted, of course.) For the very few things that weren't online, you were expected to haul your butt to the lab or library.

    I'm not sure that there there are many services that are both so sensitive they can't be put on the public internet and also so commonly used that it would be unreasonable to expect students to go to a lab somewhere.

  71. Whew! by Khyber · · Score: 1

    I'm glad I left that corrupt shithole of a state last year!

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  72. This is great news by bluefoxlucid · · Score: 1

    They only have to make a reasonable effort; but any effort beyond randomly pointing fingers around would require so much specialized knowledge and advanced, non-existent technology that it's inherently very costly, very unreliable, and for the most part an unreasonable waste of time. Therefor, there are no reasonable steps to take, so the universities don't have to do shit.

  73. Public radio by Chris+Daniel · · Score: 2, Interesting

    Good thing I have 10 stations programmed into my radio dial so I can skip commercials.

    I have begun to hate commercials with a passion, since I stopped watching normal TV and started downloading shows. The radio ads got to me just as much after a while.

    I now exclusively listen to my local listener-supported classical radio station (http://allclassical.org -- 89.9 FM in Portland, OR). They, along with many other listener-supported stations, simply read aloud written messages from some business sponsors; I find this massively less obnoxious than normal radio ads. There are apparently a few of these stations around (there was one in my home town of Tulsa), since the demand tends to be lower than is viable for a commercial classical station.

    So, if you can't stand ads, don't want to pay for satellite radio, and NPR isn't your thing, there is probably something else available.

    --
    Don't blame me -- I voted for Roslin.
  74. Re:do you sing? no,... really by Anonymous Coward · · Score: 0

    Furthermore, we need to get past this concept of "The best musicians are the ones that have already been identified as the best." When was the last time you went to a local show or musical event? There is great talent in every little corner of our globe. And you don't just have to find talented musicians at your local events. Do some digging online. And when you find something you like, BUY THE ALBUM. Don't just write it off because it wasn't produced by some well-known record label. We've given unsigned music this bad wrap that it somehow doesn't deserve our energy and our money, when this simply isn't the case.

    If we just go and purchase what we like, regardless of where it came from and who touched it, we'll create this new system. There will be a multitude of moderately-successful artists, instead of a handful of "Artist Elite" - who essentially have just been the lucky ones who got packaged and distributed by large labels for the last 30-40 years.

    Thank you, Simonetta, for an interesting and insightful approach.

  75. Re:do you sing? no,... really by chrismcb · · Score: 2, Interesting

    I can't sing, I don't want to sing. I don't want to listen to amateurs, I want to listen to professionals. I want to listen to people who spend a lot of time practicing and training, and who are GOOD at what they do. It is called civilization, we have moved beyond the hunter gather society, and moved into a society where people can become experts at one thing. I want to go to a doctor who studied and practiced being a doctor. Not one who practices a little on the weekends, and cuts hair the rest of the time. I'm not going to stop you from listening to whomever you want. There are plenty of street musicians and amateurs you can listen to... But do you support them?

  76. Arguably Unconstitutional by rfc1394 · · Score: 2, Informative

    With the 1978 complete rewrite of the copyright law, and especially the Berne Convention Accession in the 1980s, it's arguable that as far as copyright is concerned, Congress has decided to completely preempt the field of copyright with respect to everything except pre-February 15, 1972 sound recordings (which aren't federally copyrighted anyway) and thus no state has authority to require or permit anything with respect to copyright (except to set rules on the copying of uncopyrightable sound recordings), and this law is in all probability unconstitutional. (The place to go to regulate copyrighted works or their use or misuse is Congress.)

    This seems to be on the same level as attempts by local organizations to regulate use of WiFi, such as universities prohibiting students from running their own wireless routers, or airports trying to prohibit lessees from running their own WiFi, only to have the FCC publicly announce that neither homeowners associations, nor municipalities, nor special districts, nor state governments have any authority to regulate the use of spectrum and only the FCC has any authority to regulate what spectrum may be used and to set the terms and conditions for its use.

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  77. The law of unintended consequences . . . by kickassweb · · Score: 1

    ***News Flash*** Spring 2009

    "Reporting from the State Capitol of Tennessee, there has been a cut in federal money flowing into the State's coffers, and the reason is a surprising one. This year is the first year in the history of Higher Education that not a single application has been submitted to a single institute of higher education in the State of Tennessee. Federal matching funds for higher education have been cut."

    "In a bizarre coincidence, transfers out of Tennessee Universities to Colleges and Universities in other States have seen an unprecedented increase."

    --
    I'd love to change the world but I can't find the source code.
  78. ghh by Anonymous Coward · · Score: 0

    University lowered students rights bar to jail level. What about mouse-click freedoms? Students still can create shared CDs library, or use usb devices to share if they want to share. sharing and copyright violations different things.

  79. Re:ennessee Budget Shortfall Could Reach $800 Mill by TheoMurpse · · Score: 1

    What a nice double entendroo you've got there, juxtaposing "bosun" and "harbor."

  80. In other news... by jtgd · · Score: 1

    In other news, the RIAA has sent 50 notices of infringement to each and every university in Tennesee.

    --
    J