The RIAA's Rocky Road Ahead
The RIAA's new plan to enlist ISPs in its war on file sharing, once it announced it was calling a halt to new consumer lawsuits, is running into rough sledding. Wired reports on the continuing legal murkiness of the RIAA's interpretation of copyright law. And one small ISP in Louisiana asks the recording organization, "You want me to police your intellectual property? What's your billing address?"
"What's your billing address?"
That's not exactly an unequivocal rejection.
Where would all you music sharers be if the RIAA responds with a valid billing address? It is just a matter of money before those ISPs start cooperating.
What is the legality of this? RIAA tells them that they represent Metallica and I have a rar file called metalica. This would mean that the provider opens my rar file and looks into it. They should not be allowed to do so. Privacy and such, you know.
In Belgium what happens is that a letter is send to the provider that user X with IP Y at time Z was downloading a file that they believe to contain copyrighted material. The provider then could do several things. Basicaly 1) forward the letter or 2) ignore it.
No information could go to the local RIAA. This is called privacy. So the only thing they could do was try to sue. However the courts said that they would not follow up unless people where making money out of it.
So copying songs and selling them: burn in hell.
Downloading them and sharing with friends or strangers: nothing happens.
The fact that I have 60 petabyte of songs downloaded does not mean they lost money. I stopped buying long before the internet made it possible to download. I shared music with friends on casette. Hey, that is a good casette, can you make me a copy? How did you get it?
Well, I got copies from friends and using my dual-cassette player copied the different numbers so I had my own music, minus the crap.
When I think since when this has been going on, I am getting old.
Don't fight for your country, if your country does not fight for you.
Obligatory Take Down Notice:
Dear sir or madame;
You are currently infringing upon a protected named asset; "Rocky Road" ice cream. You are hereby notified to remove any and all uses of a known name, links to it and all other references.
You may, however, re-title the article: "The RIAA's Moose Tracks Ahead" since that name is not copyrighted.
why does the RIAA have to pay this ISP? Part of the value that the ISP provides to customers is the ability to pirate music. Therefore, the ISP should be paying for this.
And the ISP should send the RIAA a pony.
And a cute little puppy.
Whups, sorry about that. I channeled the RIAA there for a second.
Sleep your way to a whiter smile...date a dentist!
I can't believe sueing people like the RIAA does is a viable business model. The costs must outweigh the benefits by far. Even if the RIAA manages to win a case against a poor grandmother who has never heard of P2P and the like, she won't be able to pay the fine because the costs of defending herself have bankrupted her for good. I have a very hard time understanding the people who work for the RIAA and sue people for a living.
-- Cheers!
This small ISP is a perfect example of why the RIAA's new scheme for free money music protection simply won't work. Content filtering, detection and litigation on the ISP's part costs money and takes time. ISP's aren't NPO's, they don't do charity work.
. . . it looks to me like they are ramping up to sue ISPs. They are probably lobbying right now to get laws requiring ISP enforcement.
There is more money to squeeze out of them, compared to grandma.
Viable business model? More like a dieing business model. I would prefer to see a music industry in the future, that is comprised of artists and consumers, where the artists are payed fair prices for their work.
And no big record labels.
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
The equipment and software to do filtering properly (up to layer seven) can cost a lot of money. Most ISP's don't already have this stuff unlike corp or edu environments which may already have this gear to protect their internal networks.
This whole story bores the crap out of me... It's been going on pretty much since the mp3 was invented. I remember it being an issue back when the original mp3.com was founded in the 90's. The RIAA cant ever stop people recording or distributing sound. Maybe they have some influence in the US, but there are billions of people on the web who don't live in the US and will continue to copy and share music/videos. I've heard that there are chinese p2p programs like ppstream that allow you to watch hundresds of recent movies on demand and there's nothing the Americans can do about it.
It could be the RIAA is getting ready to sue the providers who will in turn sue its customers to recover costs. Essentially outsourcing the individual lawsuits and focusing on those companies who might just have the cash to pay up when they lose.
I'm sorry, I can't hear you over the sound of how awesome I am.
The RIAA's new strategy isn't perfect, but it's a helluva lot better than trying to sue their customers into lifelong financial ruin.
When it comes right down to it, you're not supposed to share their music, and the content industry is well within their rights to tell you to stop if they see you doing it. And if ISPs agree to block you for repeat offenses, then you're pretty much out of luck if you don't heed those warnings.
There are two things still shady about this plan, though, and both have to do with reducing the RIAA's liability. One has to do with MediaSentry not being licensed as a private investigator. It's possible that the new plan will prevent them from having to get a license in each state where they operate or investigate. Most likely, MediaSentry will never get taken to task for their alleged illegal actions in most states, even though their activities won't change.
And two, the RIAA lawsuits have had a lot of missed targets, each carrying the possibility of backfiring in a big way. The RIAA reduces this liability once they're sending nastygrams to ISPs instead. Under the new plan, they can pretty much send letters complaining about Intartubes users at random, and they never have to worry about countersuits or heinously large legal expenses. Of course, this also means that there's little avenue for protest - if your ISP cuts you off, how are you going to convince them of your innocence (aside from paying a jacked-up reconnection fee, of course)?
Honestly, the only thing that got me buying music again (after about 10 years of not buying more than a single mp3 here and there) was not only finding music that I really, really liked but also artists who I respected. When the music isn't disposable, in terms of quality and my investment in the artists, I found myself wanting to pay for it. And in some rare cases, pay for it more than once: ie a physical as well as digital copy. The only reason I would download an album via torrent/download site now is if I couldn't preview the whole thing on the artist's website. The 30 second previews on iTunes/Amazon just is not sufficient to make a buying decision. Giving me the ability to preview an album, more than once, in a way that is not too difficult (no installing anything more than say flash in my browser) for me to use and I'm more prone to give the music a chance, care about the music and (if it appeals to me) buy it.
The artists/bands I'm most willing to spend my spare money on are the ones that are able to interact with fans on a somewhat personal level: twitter, blogs, youtube videos, etc. I get to see them as real people and it increases my estimation of the value of their music. I spend money to go to their concerts, buy their merchandise and physical cds.
But the industry seems to be designed to work on quantity not quality. Corporate funded 'artists' like the Jonas Brothers, Miley Cyrus are part of a huge hype machine that is about being 'cool' rather than creating music that really makes an impression or impacts people emotionally. It's about getting as much crap sold to as many people as possible, not putting out the best you can put out there. And so, naturally, people will treat it like the disposable crap that it is. This week my niece OMGLOVES! the Jonas Brothers, next week it'll be some other corporate construct. And she'll never remember any of it past the following year.
http://transformativeworks.org/
What it always comes down to is that the RIAA never has any proof. When you buy a song, you get a right to use license, which means you have access to one copy of song/album xyz to listen to. But you could loose or have your copy stolen from you, that doesn't mean you lost the right to use license.
How can they prove that you never purchased what you downloaded? They can't!
Remember Eiffel 65? I had their CD, then I lost it, so I hit up WinMX (I think it was at the time), and downloaded it. What do you have to say about that RIAA? It is perfectly legal for me to download that CD because I'm not infringing on any copyrights.
They prey on weak poor families who can't defend them selves, often with "proof" that is questionable at best.
There will come a time when people like those who work at the RIAA will be healed accountable for what they do to the less fortunate people on this planet.
Only if you listen to 1 song at a time.
the trick is play 500 songs at 4x speed...then you are done in in like 55 years
or if you will 4 songs at 500X speed.
Chris Rock has a routine that bullets should cost $5000, because if a bullet cost $5000 there would be no death by random bullets.
Similarly, if RIAA and MPIAA has to pay a HUGE fee UPFRONT to remove a single user from an ISP, then they would target serious offenders, not just attempt to create an environment of fear.
I'm not unsympathetic with what RIAA and MPIAA claim they want to do, ensuring that artists get fair compensation for their work, what I find despicable are their actions and tactics and the fact that the artists get next to nothing (or actually nothing.)
http://superawesomebroadband.com/
Unlimited connections on static IPs. Secure VPN exits in Sweden and Switzerland. No download or upload limits. No content filtering. No port blocking. No packet shaping. No transparent web caches. No fair usage policy. No Phorm. No small print. No call centres. No lock in period. No cooperation with the RIAA / MPAA.
Super Awesome Broadband
It is all free now. Period. No recourse.
Law enforcement? Ha. Nobody gives a damn. Civil suits? Sorry, but we're putting roadblocks in the way to ensure that anonymous users on the Internet STAY anonymous and cannot be sued.
Now the down side to this is pretty clear - if I use the Internet, I can get away with anything. Either the court doesn't understand the technology or there are regulations and customs in place to prevent any real prosecution. Sure, if I run to a cop and say "I did it! Aren't I kewl!" I will find myself in trouble. But if I can contain my glee I have nothing to fear.
But the RIAA isn't going to benefit from the "downside" to this. There isn't any rescue for them - if it is in digital form, then it can be shared. They get to sell one and only one copy so it better be priced right. From then on, it is a free-for-all with everyone with high-speed Internet downloading whatever they want. Don't have a broadband connection? Too bad, you aren't included in the new economy. I guess you still have to pay. Until you wise up or we have a tax payer supported Internet Utility so everyone gets stuff for free.
Recorded music has been forced into being an ad-supported loss-leader. Sure, there are some folks that will pay iTunes to aswage their guilt. Or the latest incarnation of AllOfMP3.com. Whatever. None of this makes for a "business" to the people producing the stuff, and the more people learn about BitTorrent and other P2P tools the less traffic iTunes will have. Guilt? Well, I'm sure the guilty will always be with us, just like the poor. I don't think it will be enough to keep them in business, but there will always be people that find a store to pay 10x as much as somewhere else. Why do these stores stay in business?
But no matter what, the idea of anyone paying for recorded music will be pretty much like the idea of paying for sex from 26-year-old crack whores. Some people do it, but nobody really understands why and everyone thinks it is disgusting.
I'd like to sip from that ppstream!
And it's a damn stupid idea. I like to target shoot. On a typical trip to the range I go through several hundred rounds of ammo. Under his idiotic plan, my hobby would cost me at least a million dollars. He wants to tax an innocent hobby so that only the very rich and elite chosen class can afford it.
His idea also assumes that criminals would follow the law and only buy their ammo from legitimate ammo suppliers. At $5000/bullet I don't think illegal immigrants would have a problem with a pocket of bullets when they sneak across the border.
-- Will program for bandwidth