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RIAA's Oppenheim Tries To Protect MediaSentry
NewYorkCountryLawyer writes "The RIAA's 'Prince of Darkness,' Washington DC lawyer Matthew Jan Oppenheim of The Oppenheim Group, who controls and supervises all of the RIAA litigations against ordinary folks, has requested permission to intervene in the 'probable cause' hearing scheduled next week in Raleigh, North Carolina, against MediaSentry. The hearing was convened by North Carolina's Private Protective Services Board, after complaints were filed by a law firm representing a number of North Carolina State University students who had been targeted by the RIAA based on the unlicensed 'investigation' conducted by SafeNet (the new name for MediaSentry). I guess the RIAA is worried. They should be."
Fuck them and what the stand for. Legally sanctioned oppression. Fuck em.
Could someone please introduce Ray Beckerman to a decent CMS and donate some design work so his site doesn't hurt the eyes?
Why thank you.
Ray Beckerman +5 Insightful
this has been a logical flaw in the 'the artists must get paid' argument.
I just bought some used cd's from amazon. some are sold from stores, some from net-only businesses and some from regular old individuals.
in NO case (that I'm aware of) is anyone required to pay any additional amount to any artist or association. yet used cd (and book) sales on amazon are 100% legal.
how come downloading bits on the net (which causes no revenue to return to riaa or artists) is 'illegal' yet used media sales are legal?
I'll even go further than that - lets talk about libraries and how they loan out (for free) books and also cd's.
with all this non-money media stuff changing hands, how come riaa isn't bothering the used sellers and libraries?
answer: their arguments about 'stealing' are less than paper thin...
--
"It is now safe to switch off your computer."
I use PeerGuardian to help protect MediaSentry from accidentally downloading any potentially copyrighted works from me. I'd feel awful if they inadvertently came into possession of illegal data on account of my negligence. Suppose I mis-named something that I copyrighted? I'd cry if I were forced to sue the fuck out of them for casual infringement.
Thank you, Edward Snowden.
"Arguments from authority are worthless." —Carl Sagan
The fact is that wanton copyright infringement is occurring. As copyright holders, the RIAA does in fact have the right to go after the infringers.
Yes, they do. I don't think that we'd have had a problem with them if they followed the rules of the game. The problem is that they keep changing the rules in their favor to make money.
The U.S. Constitution empowered Congress to enact copyright laws, and in 1790 they did. The original copyright term was 14 years with the right to renew for an additional 14 year term. So, at most, 28 years.
But in the last 200 years, the copyright has been extended 5 or 6 times to a point where it's flat-out ridiculous. Most artists who create a song (under the current terms) will be dead before their works enter the public domain.
Copyright is, in modern times, basically meant to protect content creators' works so they can exclusively make money from those works. This would ostensibly allow people in creative industries like writing, composing, etc. can have a livelihood since they do not produce tangible goods like machinists, farmers, etc. It's supposed to encourage content creators to create new works for the greater public good.
But they don't. Sure, people write new books and make new songs, but the incentive isn't really there anymore. Most copyrights nowadays are held by corporations, not people. I personally believe that this is one of the factors that contributed to the emerging anti-copyright movement (copyleft, creative commons, etc.)
For copyright to reform, changes need to be made. One day the system may be functionally obsolete if people continue to give up their copyrights as it, and its enforcers, is being viewed as a less palatable scheme more and more over time. A good start, in my opinion, would be:
1) Bring down copyright back to reasonable terms - something like 5-10 years. How often do books/music/etc. make money after the first few years? Certainly not enough to justify such a long copyright.
2) Make it so only people - not corporations - can hold copyrights. Copyright cartels literally sit on their duffs getting fat off of royalties and trying to protect that money. It's the very definition of protection money and most of the time it doesn't even go to the artists themselves anyway.
3) Make fines in the case of restitution more reasonable. A fine of hundreds of dollars for a song that can be bought for $0.99 is patently ridiculous. Restitution on fair market value with a 200%-300% penalty would be more than fair enough to make up any money lost.
Ultimately, reforms like these will help unclog the courts and make it much more likely that money actually gets into the artist's hands - where it's intended. The RIAA is necessary in some ways - like a union for artists. But rather than working for the artists, the artists work for them. Put the power back in the hands of the creators.
Random Thoughts From A Diseased Mind (Not For Dummies)
First, it's not a decided fact that there is rampant copyright infringement. Copying for personal use may or may not be infringement depending on your jurisdiction (where I am, for example, it's explicitly allowed.)
Second, what the RIAA should be doing is performing real investigations (instead of just pulling IP addresses seemingly at random), going after the alleged infringers individually (instead of trying to join hundreds of unrelated people) and not treating the court system like a revenue center.
For the obligatory car analogy, it's like traffic laws being enforced by private companies, someone pulls you over, and says "oh, here's your ticket for $3500.00 for failing to stop at a stop sign. You can call our dispatch to arrange payment options." You say "I stopped at the sign - I am 100% certain." The cop says "well, you can try to fight it in court, but it's your word against mine, and if you lose, that $3500 will turn into millions of dollars, plus the two years in legal fees it will cost even if you win."
If you ask "well, what should the cops be doing?" the answer is pretty obvious: they should be presenting evidence of infringement, and giving people a fair chance to defend themselves.
The answer is the same for the RIAA.
What alternative legal means can the RIAA/MPAA use to protect copyright and copyrighted content?
That's easy.
1. Do a competent technological investigation.
2. Hire competent and honorable lawyers.
3. If you obtain evidence of someone actually infringing your copyrights, send them a cease and desist letter and ask them to enter into an appropriate cease and desist agreement.
4. If a proven infringer refuses to enter into a cease and desist agreement, sue him or her, in a lawsuit supported by actual evidence, based upon actual legal theories.
Ray Beckerman +5 Insightful