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Entire Transcript of RIAA's Only Trial Now Online

NewYorkCountryLawyer writes "The entire transcript of the RIAA's 'perfect storm,' its first and only trial, which resulted in a $222,000 verdict in a case involving 24 MP3's having a retail value of $23.76, is now available online. After over a year of trying, we have finally obtained the transcript of the Duluth, Minnesota, jury trial which took place October 2, 2007, to October 4, 2007, in Capitol Records v. Thomas. Its 643 pages represent a treasure trove for (a) lawyers representing defendants in other RIAA cases, (b) technologists anxious to see how a MediaSentry investigator and the RIAA's expert witness combined to convince the jurors that the RIAA had proved its case, and (c) anybody interested in finding out about such things as the early-morning October 4th argument in which the RIAA lawyer convinced the judge to make the mistake which forced him to eventually vacate the jury's verdict, and the testimony of SONY BMG's Jennifer Pariser in which she 'misspoke' according to the RIAA's Cary Sherman when she testified under oath that making a copy from one's CD to one's computer is 'stealing.' The transcript was a gift from the 'Joel Fights Back Against RIAA' team defending SONY BMG Music Entertainment v. Tenenbaum, in Boston, Massachusetts. I have the transcript in 3 segments: October 2nd (278 pages(PDF), October 3rd (263 pages)(PDF), and October 4th (100 pages)(PDF)."

315 comments

  1. Like anybody on /. by Anonymous Coward · · Score: 2, Funny

    is going to RTFETRIAAOT.

    1. Re:Like anybody on /. by armanox · · Score: 5, Insightful

      Bit torrent is not an illegal application.

      --
      I'm starting to think GNU is the problem with "GNU/Linux" these days.
    2. Re:Like anybody on /. by pxlmusic · · Score: 0, Flamebait

      who is this "brown rope" moron?

      --
      "If for any reason you're not satisfied with our service, I hate you."
    3. Re:Like anybody on /. by Anonymous Coward · · Score: 0

      Except in some countries (I think France is trying to ban it or make it illegal or something). You are correct though. Those trying to rid the world of bittorrent should also rid the world of cars, airplanes, electricity and work in general. All of the latter have been known to cause premature death in some cases. Bittorrent hasn't, but because it can be used for bad, they feel the need to rid the world of it. They should start with the latter first, then get on to bittorrent.

    4. Re:Like anybody on /. by Anonymous Coward · · Score: 0, Informative

      About your blog: nobody gives a shit. Go spam somewhere else.

    5. Re:Like anybody on /. by poetmatt · · Score: 0, Flamebait

      Usually it's the same person who replies to the "brown rope" moron or post right before it. As noted there was a guy who self-pwned himself once like that recently by not posting anon-when he replied to himself with a really racist comment.

    6. Re:Like anybody on /. by pxlmusic · · Score: 1

      i see. well, it's not me. i've just started noticing his/her posts recently.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    7. Re:Like anybody on /. by Anonymous Coward · · Score: 0

      oh, I'm not blaming you. However, if you see a post pattern specifically like this, this is how it works.

      The person who the "brown rope thing" replied to, is likely the same person for both posts. Someone else (not you) but one of those that is in the thread resultant from the brown rope comment is very likely the person who posted the brown rope comment.

    8. Re:Like anybody on /. by Ethanol-fueled · · Score: 2, Informative

      As noted there was a guy who self-pwned himself once like that recently by not posting anon-when he replied to himself with a really racist comment.

      I remember it well. But if you're talking about the one I think you are I gotta say that the troll(like all good ones) don't resort to sockpuppetry, they simply tack onto somebody else's previous post a seamless(okay, not always "seamless") transition into a non-sequiteur troll.

      YMMV, but the only people who seem to reply to themselves here are Twitter and non-trolls who need a one-time AC sockpuppet to help set up their usually-sterile jokes. The "new_here" /. user is a good example of that type of setup - though new_here is a special case because his/her joke depends on his/her username being a /. meme that somebody will inevitably set up. Nevertheless, the spirit is still the same!

    9. Re:Like anybody on /. by theillien2 · · Score: 0

      Is this anything like Gnu's not Unix?

      --
      If we don't protect the freedom of speech how will we know who the assholes are?
    10. Re:Like anybody on /. by ikono · · Score: 1

      Goddamn. Where is the -1 Troll Feeder?

      --
      Karma is for whores
    11. Re:Like anybody on /. by Anonymous Coward · · Score: 0

      What about the brown rope?

    12. Re:Like anybody on /. by Anonymous Coward · · Score: 0

      fuck your blog you douche cunt

    13. Re:Like anybody on /. by thousandinone · · Score: 1

      But windows told me it performed an illegal operation and had to be shut down...

    14. Re:Like anybody on /. by thePowerOfGrayskull · · Score: 1

      How do you know, since most folks who do this post anonymously?

    15. Re:Like anybody on /. by Mozk · · Score: 1

      Nobody here said it was, but at least you were modded Insightful.

      --
      No existe.
  2. Cue - no, Clue... by capnkr · · Score: 4, Insightful

    Cue the DMCA takedown notice in 5, 4, 3... ;)

    Thanks, NYCL. I hope that making this transcript available does something to help make the **AA strategists have to adjust to this "new" internet technology in a way more beneficent to all, instead of just trying to sue the pants off anyone who they think might have crossed their rather arbitrary lines...

    --
    "...there are some things that can beat smartness and foresight. Awkwardness and stupidity can." ~ Mark Twain
    1. Re:Cue - no, Clue... by nomadic · · Score: 3, Informative

      Court transcripts can't be copyrighted.

    2. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      And the RIAA will find some excuse still... c'mon, where have you been for the past few years?

    3. Re:Cue - no, Clue... by pha7boy · · Score: 5, Informative

      the transcript is public domain. as such, it should be easily available from any law clerk at the courthouse unless the judge orders the court case closed. now the RIAA could file a motion to close the court proceedings - but they would have to have a decent argument as to why that is necessary.

      I wonder if this came out now because the RIAA decided to stop suing individuals and work via the ISPs.

      --
      -- All this knowledge is giving me a raging brainer.
    4. Re:Cue - no, Clue... by bleh-of-the-huns · · Score: 2, Interesting

      The leads us back to a story earlier about the attempts to broadcast the RIAA trial coming up (ongoing??). I do not remember the details, but the basics is that the RIAA claims that they want to educate consumers, while at the same time a group of lawyers for the defendants wants to broadcast the trial and the RIAA is trying to stop them. The defendants lawyers are claiming that broadcasting the trial would be education on the legalities of downloading music...

      Sort of a catch 22 there...

      --
      I came, I conquered, I coredumped
    5. Re:Cue - no, Clue... by future+assassin · · Score: 1

      Just host it on any server not located in the US. Canada is right up the street. If I had more bandwidth I'd throw it up onto my dedicated server.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    6. Re:Cue - no, Clue... by QuantumG · · Score: 4, Insightful

      Yeah. The RIAA is like:

      * We need new laws to make this illegal, hey Congress, can you hook us up? DENIED.
      * Ahh, the problem is public perception.. we need to vilify file sharing. Marketing moguls, can you hook us up? DENIED.
      * Ok, well maybe we can just scare people into our way of thinking. Lawyers, can you hook us up? DENIED.
      * Maybe we can use impossible technology to force everyone into forgetting how to copy. Cryptographers, can you hook us up? DENIED.
      * Ok, how about just crazy ass rootkit technology? That's doable. Hey Sony scumbags, can you hook us up? DENIED.
      * Boy oh boy, this is harder than making water not wet, we need an international conspiracy of ISPs to give us unaccounted power over all their customers. PENDING.

      What other crazy schemes will they come up with?

      * Maybe they'll start putting poison in cases of blank media (cause they obviously have this stupid idea that people still burn the music they download - look at the tax on blank media in Canada).
      * What ever happened to that lawsuit against Apple? Are they making so much money from the iTunes store that they've forgotten their water tight argument that an 80 gig iPod would take $79,200 to fill? I guess math never was their strong suite.
      * Direct hacking attacks on file sharers? They have your IP, I wouldn't put it past them.
      * What about voodoo? That shit works right? We just need everyone in the world to submit some of their hair or skin so the witch doctor can make a voodoo doll, then we can jab em whenever they share files.. how will we know when they share files? EVERYONE shares files, we just have to jab everyone equally, that's easy!

      Ok, now I'm just being silly.

      --
      How we know is more important than what we know.
    7. Re:Cue - no, Clue... by Anonymous Coward · · Score: 1, Informative

      Generally court proceedings are recorded but they are not transcribed (ie put into human-readable format) unless there is a specific reason to do so--because transcription is quite expensive and whoever wants to get the transcription is the person who gets to pay for it.

      Example:

      http://www.co.berks.pa.us/courts/cwp/view.asp?a=1186&q=445364

    8. Re:Cue - no, Clue... by davester666 · · Score: 2, Interesting

      The raw text of the transcript may be in the public domain, but the header, footer, line and page numbers may not be (I believe this was the reasoning in Oregon I think, for them asking some site to take down the listing of state laws, it might be somewhere else).

      And yes, this is part of the set of things that are so ridiculous, they must be true.

      --
      Sleep your way to a whiter smile...date a dentist!
    9. Re:Cue - no, Clue... by Shadow+of+Eternity · · Score: 1

      79.2K to fill an 80gig ipod? I thought they sued people for that much per song...

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    10. Re:Cue - no, Clue... by QuantumG · · Score: 1

      They worked out each song cost about $3 and each song goes for about 3 minutes, and the typical compression is about 1mb/minute. Most of that is still accurate, except the price, so divide by 3. Still, no-one is spending $24k to fill their 80 gig iPod. I believe Apple's solution to this was to say "hey, you can use it for video too!!" and that just invited the MPAA to join the party.

      --
      How we know is more important than what we know.
    11. Re:Cue - no, Clue... by dissy · · Score: 2, Insightful

      Cue the DMCA takedown notice in 5, 4, 3... ;)

      the transcript is public domain. as such, it should be easily available from any law clerk at the courthouse unless the judge orders the court case closed. now the RIAA could file a motion to close the court proceedings - but they would have to have a decent argument as to why that is necessary.

      My, you say that as if they would still not go ahead and file a DMCA takedown notice anyway, and later just say 'oops, our bad' instead of taking them to court.
      It would cause some aggravation, and piss off the website owners, for next to no cost (lawyers on staff anyway), so why not?
      That is their thinking.

      As all of their other court cases except this one show, not having a case at all is no reason not to move forward with one.

    12. Re:Cue - no, Clue... by tlhIngan · · Score: 2, Interesting

      They worked out each song cost about $3 and each song goes for about 3 minutes, and the typical compression is about 1mb/minute. Most of that is still accurate, except the price, so divide by 3. Still, no-one is spending $24k to fill their 80 gig iPod. I believe Apple's solution to this was to say "hey, you can use it for video too!!" and that just invited the MPAA to join the party.

      Actually, Apple quotes an 80Gig iPod as holding 24,000 songs. At iTunes' price of about $1/song, that is slightly less than $24k.

      And it wasn't Apple doing that - it was Napster or other people selling subscription services (e.g., why pay $24k to fill up your iPod, when you can pay $15/month and get all the songs you want?).

      But yeah, no one is going to fill up their iPod with $24k worth of music. They're going to rip their CD collections (after all, iTunes makes it easy), and there are videos too...

    13. Re:Cue - no, Clue... by Tolleman · · Score: 2, Informative
    14. Re:Cue - no, Clue... by QuantumG · · Score: 2, Interesting

      The RIAA complaint about the iPod was before iTunes.. or at least that was my recollection. They estimated the cost of the songs from the cost of CDs.. and, of course, they did it poorly.. saying that people would pay $15 for a CD and only take 5 songs off each CD. Few $15 CDs have 15 tracks on them.. so you're not likely to reduce the cost per song down to less than $1 each.. so saying you're going to rip your CDs instead of using the iTunes store doesn't reduce that $24k to fill an 80 gig iPod. And yeah, the "it's for videos" excuse was concocted by Apple before the video iPod and after the RIAA complaint. It basically went no-where because Jobs talked to em.

      --
      How we know is more important than what we know.
    15. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      Since when has a lack of copyright stood in the way of the good ol' DMCA?

    16. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      "unless the judge orders the court case closed"

      No, it doesn't work like that. The case files (including any transcripts) will be a matter of public record until the heat death of the universe. Anyone from anywhere can access them.

    17. Re:Cue - no, Clue... by mrmeval · · Score: 2, Informative

      Yes
      http://www.pawb.uscourts.gov/pdfs/transcripts.pdf

      While the states can not copyright some things
      http://www.wfsu.org/gavel2gavel/briefs/01-897_report.pdf

      They can allow turd parties to gouge like the RIAA.
      http://www.sbscpublicaccess.org/transcripts.php

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    18. Re:Cue - no, Clue... by mrmeval · · Score: 1

      Fark the states can copy right such things that do not have the force of law for now.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    19. Re:Cue - no, Clue... by Anonymous Coward · · Score: 1, Funny

      Well, at $15/album, my ~1,500 album library would only have cost me $22,500. Of course a lot of these were purchased used, so that drives it down a lot. It's probably more like $5,000 total, which is still a hell of a lot of money.

      Anyway, nobody should have to justify any damned thing to the thieves and liars running the RIAA. In fact, I want a 320gb iPod so I can have my entire library in lossless quality with me wherever I go. If the RIAA doesn't like that, they can suck my tiny dick (hey, you didn't think that huge library wasn't compensating for something, did you?).

    20. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      would that stop them?

    21. Re:Cue - no, Clue... by mcgrew · · Score: 1

      Few $15 CDs have 15 tracks on them

      That could easily read "Few RIAA CDs have 15 tracks on them". Indies usually fill their CDs, some even going past that ancient 72 minute limitation. $15 CDs == RIAA CDs, since the indies don't rip you of on the price of their CDs like the RIAA labels do.

      Since I began boycotting RIAA music back in the old Napster days I find I'm buying MORE CDs while spending less money on CDs.

    22. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      That's the beauty of DMCA takedown notices - a notice does not have to make a legitimate claim to be effective.

    23. Re:Cue - no, Clue... by Chih · · Score: 1

      Wait, what? Since when are there five decent tracks on a RIAA CD? The max is easily three, possibly two, and they grossly underestimated their figures either way.

      --
      For best results, avoid doing stupid things.
    24. Re:Cue - no, Clue... by arbiter1 · · Score: 1

      * Direct hacking attacks on file sharers? They have your IP, I wouldn't put it past them.

      that is a straight up felony and they are in for a hell of a lot of legal issues trin that one, which reminds me, never heard anything on the whole riaa ddos'in revision3's bt trackers bunch of month's ago.

    25. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      Since when has that ever stopped them?

    26. Re:Cue - no, Clue... by thePowerOfGrayskull · · Score: 1

      Actually it does if the original poster of the material knows his/her rights under the DMCA. This person can file a counter-notice if it's not a valid takedown, and the content does not stay down. And I may be mistaken, but subsequent claims against the same material will not result in a takedown, as long as it's the same claim.

    27. Re:Cue - no, Clue... by Anonymous Coward · · Score: 0

      Nice post. Here is what goes first: Why did the RIAA chose an expert witness when I can clearly tell that this is choice and amount manipulation and incrimination.

      What the RIAA is trying to do here is create an issue of their own and get a nice sig on it. Not hardly.

      The BSA is way out here, or would it name the amount of money? MS is to the product as RIAA is to the listener? Where is the radio tower this time?

      I'm familiar with rootkits, besides the realization that you really do not do them. They will fine/find it in Russia, you know. The court and FUD system is not necessary for them to find them and put them in virus scanners.

      What is your voodoo this time? Nexus?

    28. Re:Cue - no, Clue... by Mozk · · Score: 1

      Numerically labelled pages and lines do constitute a creative or original derivative work, just as telephone directories are not copyrightable. The state seal, which is what I assume is in the header, is in the public domain. I see no reason why that listing would have to be taken down, nor why anybody would want to take it down. Are they trying to hide the laws?

      --
      No existe.
    29. Re:Cue - no, Clue... by davester666 · · Score: 1

      The state appeared to be doing it to make money. They were charging money for people to buy updated CD's each year (or more often) (and I think they weren't making them available over the internet), and this one guy was trying to get the state to instead make them available for free on the state's web site. So, to encourage them (after they wouldn't add the laws to the web site), he bought one copy and published them on his own web site. The state sued him to make him take the info off the web site. And in part at least, they claimed copyright infringement over the formatting information.

      --
      Sleep your way to a whiter smile...date a dentist!
    30. Re:Cue - no, Clue... by SanityInAnarchy · · Score: 1

      Seems the best counterargument would be to point out that it's also not bad as a USB mass storage device.

      --
      Don't thank God, thank a doctor!
  3. That's really awesome by Adult+film+producer · · Score: 5, Funny

    Just think... The computer that you're using might be worth a million dollars, maybe 20 millions dollars if you download a lot of music. How does it feel to have a million dollars worth of product sitting next to you? Probably not as nice as if a solid gold bar were sitting there, but still, it's the same.. You are a millionaire. Go tell your friends that you're computer is worth 7 figures... cherish it, stroke it... oil it down and rub it for comfort.. until it glistens and shimmers like diamonds.

    1. Re:That's really awesome by Kandenshi · · Score: 5, Informative

      If one assumes that all the music on my computer is stuff that the RIAA can sue over(some isn't, not sure the %), and ignores that some of the stuff that I have comes from legal purchases and my own rips(some, but not all that much to be honest), and if one uses the $9,250 per song figure from the summary:

      My computer has a value of approximately $207,900,000.

      For perspective, the current price of gold is $871.20 USD per troy oz. Alternatively, about $28,000 per kilogram of gold.
      $207,900,000 / $28,000/kg = 7425 kg of gold
      A Ford F150 truck comes in with a weight of 2,197kg.

      My computer is worth almost as much as three and a half Ford F150 trucks made of solid gold

      You're right Adult film producer... I feel rich, powerful! Excuse me, I'm going to go buy a bigger basement and a new family now.

    2. Re:That's really awesome by Klaus_1250 · · Score: 1

      I think that is a bit over the top, millions. A 1TB drive, will be about 930GB when formatted. That is 930.000MB. Say your average MP3/AAC is 5MB and costs about 1 dollar, you could stuff 186.000 dollars worth of music on it. Still a lot though.

      Question: Can you insure a harddrive based on the price/value of it content?

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
    3. Re:That's really awesome by mrsteveman1 · · Score: 5, Funny

      If you hadn't compared that to a car of some kind, i would have been totally lost.

    4. Re:That's really awesome by Kjella · · Score: 5, Interesting

      Just think... The computer that you're using might be worth a million dollars, maybe 20 millions dollars if you download a lot of music.

      Don't be modest, at "a lot of music" like say 1000 CDs * 15 songs and $10000/song as in this case you're ranked 178th on countries by GDP ahead of "Kiribati" and "São Tomé and Príncipe". Is it really any wonder this sort of thing threatens the world economy?

      --
      Live today, because you never know what tomorrow brings
    5. Re:That's really awesome by Anonymous Coward · · Score: 0

      Man, I can't believe my fileserver is worth more than a billion dollars.

    6. Re:That's really awesome by Zironic · · Score: 2, Interesting

      The point is to use the $9,250 figure that the RIAA uses to sue so your 186.000 dollars of MP3's would get you sued for 1,720,500,000. One harddrive worth almost 2 billion, so cute 3

    7. Re:That's really awesome by koalapeck · · Score: 5, Funny

      I would have preferred how much money it's worth in regards to Libraries of Congress but I suppose beggars can't be choosers.

    8. Re:That's really awesome by rakuen · · Score: 4, Funny

      Can I get that measured out in Dodge Intrepids? I need a car I can actively apply it to.

    9. Re:That's really awesome by Anonymous Coward · · Score: 0

      I drive a Stratus you insensitive clod!

    10. Re:That's really awesome by ScrewMaster · · Score: 1

      The computer that you're using might be worth a million dollars, maybe 20 millions dollars if you download a lot of music

      At $9,250 per song, I have the feeling there are people out there whose computers would be worth far more than 20 mil.

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:That's really awesome by Anonymous Coward · · Score: 0

      > cherish it, stroke it... oil it down and rub it for comfort.. until it glistens and shimmers like diamonds.

      Sounds like my Friday nights :-(.

    12. Re:That's really awesome by Anonymous Coward · · Score: 0

      dam i'm only at 136mil.

    13. Re:That's really awesome by Majik+Sheff · · Score: 4, Interesting

      You have a flaw in your math. You stated that you would have 3.5 trucks made of solid gold. You failed to account for the difference in density between steel/aluminum/plastic and solid gold. Just for the sake of simplicity we'll say that the density of the materials in a Ford F150 average out to a little less than the density of steel. Conveniently this works out to right around 1 cubic meter of solid material. A cubic meter of solid gold weighs 19,300Kg, so you would be looking at only about 1/3 of a truck.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    14. Re:That's really awesome by purpledinoz · · Score: 1

      Following this logic, we're in for some serious inflation! How much music has been copied? $10 trillion worth? $100 trillion worth? It's probably greater than the GDP of America. Wait till everyone starts spending their new found wealth, America will become the next Zimbabwe!

    15. Re:That's really awesome by Anonymous Coward · · Score: 0

      thank you for your estimate of the value of your stolen music collection of over 22,000 songs
      22,000 songs,whats the purpose?

    16. Re:That's really awesome by Anonymous Coward · · Score: 0

      cherish it, stroke it... oil it down and rub it for comfort

      Maybe it's just me, but I got a chuckle out of this advice, considering the poster's name. :-)

    17. Re:That's really awesome by Daengbo · · Score: 2, Funny

      You should try to get a mortgage with your music collection as collateral.

    18. Re:That's really awesome by _Sprocket_ · · Score: 5, Funny

      I would have preferred how much money it's worth in regards to Libraries of Congress but I suppose beggars can't be choosers.

      Libraries of Congress is something the Slashdot crowd is familiar with as we tend to deal with data storage. However, this measurement isn't appropriate when dealing with volumes of gold. Those who deal with financial issues on a more frequent basis know that the correct U.S. Government equivalency metric for gold is Fort Knoxes.

    19. Re:That's really awesome by RealGrouchy · · Score: 1

      Are you kidding? It would take over five football fields to calculate the conversion of something that big into Libraries of Congress!

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    20. Re:That's really awesome by Raynor · · Score: 2, Interesting

      0.177806631% of a Fort Knox.

      Sorry, you aren't THAT rich.

      --
      "Dictator Flakes. They WILL be delicious."
    21. Re:That's really awesome by jeffasselin · · Score: 1

      Actually, it's probably higher than the world's combined GDP.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    22. Re:That's really awesome by fireheadca · · Score: 1

      Yeah but you'd get a remainder.

    23. Re:That's really awesome by Anonymous Coward · · Score: 0

      Is there any way to mod something both Informative and Funny? Because that was bloody hilarious to read. ^_^ Nice math and comparison, Kandenshi.

      To be honest, I started laughing at about the figure of $207,900,000, and I continued laughing through the rest of the post.

    24. Re:That's really awesome by networkBoy · · Score: 1

      Answer: Yes.
      It is called a stated value insurance policy.

      Note about answer: you're not going to like the premiums (methinks).

      Incidentally I have one on my car, rather than the standard PL/PD/Comp/Col/UI. The reasoning for this is that I can state the value of the car, knowing that if I state low the settlement dollars won't cover the car, but I'll pay less or, as in my case, that the blue book value is grossly off from the actual market value of the vehicle (blue is ~$3K, market for a beater is ~$8K, stated value on mine is at $12K).
      -nB

      BTW: I'll insure your drive (in value or replacement of like drive with proper contents), the cost is 4% of the stated market value/month as is, with the requisite itemized list of contents to be insured against. That policy price can drop to only 1%/month if you allow my appraiser to closely inspect the bit patterns to be insured prior to issuance of the policy ;)
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    25. Re:That's really awesome by AmberBlackCat · · Score: 1

      You have a flaw in your math.

      What if an F150 is used as a unit of weight rather than a unit of vehicles? Then the original statement is correct and you're just a jackass who missed the point. And I'm only saying that because I've posted comments here in the past that received replies more focused on technical details than the point of the post.

    26. Re:That's really awesome by Anonymous Coward · · Score: 0

      There is also the possibility that you are a jackass who is incapable of recognizing dry humor. Just because you've been burned by some pedantic prick doesn't mean you have to be one.

    27. Re:That's really awesome by Anonymous Coward · · Score: 0

      Ah but grams measure mass, not weight.

    28. Re:That's really awesome by Anonymous Coward · · Score: 0

      So you are saying this truck costs about 10 times its own weight of gold?

    29. Re:That's really awesome by Anonymous Coward · · Score: 0

      When you start replacing plastic parts with gold I think you might notice a weight increase. You might only be able to make 1 or two trucks out of gold to meet the equivalent weight in steel/plastic. :)

    30. Re:That's really awesome by Anonymous Coward · · Score: 0

      If one assumes that all the music on my computer is stuff that the RIAA can sue over

      That's a very measly assumption. A truer assumption would be "that all music is stuff that the RIAA think they should sue over".

      that some of the stuff that I have comes from legal purchases and my own rips

      That still won't deter the RIAA from trying.

      My computer has a value of approximately $207,900,000.

      Pfah! I have an external hard disk that is worth five times your PC!

    31. Re:That's really awesome by ScrewMaster · · Score: 2, Funny

      dam i'm only at 136mil.

      Well, fire up that P2P and get crackin'!

      --
      The higher the technology, the sharper that two-edged sword.
    32. Re:That's really awesome by shutdown+-p+now · · Score: 1

      My computer has a value of approximately $207,900,000.

      Um, gentlemen, I think I found a way out of this recession... ~

    33. Re:That's really awesome by shutdown+-p+now · · Score: 1

      I would have preferred how much money it's worth in regards to Libraries of Congress

      It's measured in bailouts these days, silly.

    34. Re:That's really awesome by Anonymous Coward · · Score: 0

      I do believe he took the estimated value of his computer, divided by the cost of gold per kilogram, then used the weight of an f-150 to divide into "solid gold f-150s" He didn't use density or volume at all.

    35. Re:That's really awesome by Anonymous Coward · · Score: 0

      If you let humor dry for too long it gets un-funny. At that point the best thing to invest in a humidifier.

    36. Re:That's really awesome by Zerth · · Score: 1

      Hell, just counting the usb sticks in my pocket, I've got at least 30 million.

      Add in my phone and we're over 40 million.

    37. Re:That's really awesome by smitty97 · · Score: 1

      what if 2 swallows carried it together?

      --
      mod me funny
    38. Re:That's really awesome by tehcyder · · Score: 1

      Go tell your friends that you're computer is worth 7 figures... cherish it, stroke it... oil it down and rub it for comfort.. until it glistens and shimmers like diamonds.

      I believe that Mac owners do this already.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    39. Re:That's really awesome by ScrewMaster · · Score: 1

      Hell, just counting the usb sticks in my pocket, I've got at least 30 million.

      Add in my phone and we're over 40 million.

      Well, hell, what are you waiting for? Sell them on EBay and take early retirement.

      --
      The higher the technology, the sharper that two-edged sword.
  4. Honestly... by G0rAk · · Score: 3, Insightful

    PJ takes one week off, and everybody moves back to Slashdot.

    --

    Nothing to see here. Move along.
    1. Re:Honestly... by slugtastic · · Score: 1

      Uh... Sorry for asking, but who's/whats PJ?

    2. Re:Honestly... by Anonymous Coward · · Score: 0
    3. Re:Honestly... by Anonymous Coward · · Score: 0

      Good question actually. Here is you a starting point. Many would like to know, especially SCO, but most of us are just happy that PJ exists and works to get the truth out. Chase the links to learn more then just what's on the wiki.

    4. Re:Honestly... by digitalchinky · · Score: 3, Informative

      Pamela Jones. A woman. She runs a website: groklaw.net

    5. Re:Honestly... by Anonymous Coward · · Score: 0

      A woman.

      Not in my internet

    6. Re:Honestly... by Bloater · · Score: 1

      What is this "woman" thing you speak of?

    7. Re:Honestly... by Ecuador · · Score: 3, Insightful

      What is this "woman" thing you speak of?

      Oh, come on, you know them. They look nice, they are generally flat and sometimes folded in the middle.

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    8. Re:Honestly... by Anonymous Coward · · Score: 0

      Womens? On the internets? Madness!

  5. Re:She is a dumbass by Anonymous Coward · · Score: 0

    Perhaps you ought to marry her? I think you would make a great couple.

  6. Re:She is a dumbass by mdwh2 · · Score: 1

    So it's fair to fine the defendant $221,976.24 for having the view that their actions weren't unethical? Interesting.

    because she tried to make the jurors feel stupid

    Where did she do this?

  7. To Mr Beckerman by Anonymous Coward · · Score: 2, Funny

    Dear Mr Beckerman,

    This trial transcirpt is an absolutely fascinating resource. As a lawyer myself, it provides me with plenty of things to think about.

    I was simply hoping to ask you what you think of the Plaintiffs' lawyers. In England (where I practise) there is no concept of lawyers (or barristers, anyway) identifying with the case they seek to advance. On Slashdot, I have seen your disregard, to put it mildy, for the lawyers representing the RIAA.

    My questions are these. To what extent do you think that the RIAA's representatives believe the case that they advance? To what extent do you think that matters? Do you think that they are bad people or poor counsel for advancing that case?

    And then on a different tack, when one is dealing with litigants in person in a case that might have national repercussions, how can one deal effectively with those defendants if you have no confidence in their willingness to abide by confidentiality agreements and every fear that they will post the details on the internet?

    Kind regards,

    Tom

    1. Re:To Mr Beckerman by NewYorkCountryLawyer · · Score: 4, Informative

      To what extent do you think that the RIAA's representatives believe the case that they advance?

      I don't know.

      To what extent do you think that matters?

      I think it matters.

      Do you think that they are bad people

      Yes.

      or poor counsel for advancing that case?

      Yes that too. I think they are a disgrace to my profession.

      And then on a different tack, when one is dealing with litigants in person in a case that might have national repercussions, how can one deal effectively with those defendants if you have no confidence in their willingness to abide by confidentiality agreements and every fear that they will post the details on the internet?

      I have no idea what you are referring to.

      --
      Ray Beckerman +5 Insightful
    2. Re:To Mr Beckerman by Anonymous Coward · · Score: 1, Interesting

      In England, clients come to me with a case. I advise them as to the merits. Sometimes, in spite of the fact that I have told them that I don't think their case will be successful, they choose to go ahead.

      That is not my choice. It is theirs. Is it not possible that the RIAA has gone to lawyers, the lawyers have advised and the RIAA has opted to carry on?

      That is why I think it is important to recognise that the lawyers don't necessarily believe the case. They have to been hired to do the best job that they can.

      As to my last question, that you said you didn't understand. I conduct cases on behalf of large corporations. Without wanting to breach privilege, these cases involve similar facts and the protagonists are exteremly angry people.

      The ones that we fight are ones where we have no confidence that if we agreed a confidentiality claue that the litgant would refrain from breaching it. For commercial reasns, it would be preferable to keep it secret, but if it got out that we had settled, it would be commercially damaging.

      The way that this relates to the RIAA litigation is that a party could get into litigation and then reach a settlement in principle but would bqalk at a confidentiality agreement.

      What I was asking, is how you would react to someone who didn't give a shit about confidentiality and would jeopardise a reasonable settlment for reasons that they would not espouse if they were properly represnted.

      Tom

    3. Re:To Mr Beckerman by wrook · · Score: 1

      Obviously I'm not NYCL, but you asked,

      how you would react to someone who didn't give a shit about confidentiality and would jeopardise a reasonable settlment for reasons that they would not espouse if they were properly represnted

      I think you are making an assumption that things like disclosure are not important. For a great many people involved in lawsuits, it's the principle of the thing and not the money that's the issue. So they would rather not settle for "reasonable settlement" if it included non-disclosure.

      A person may be motivated to protect themselves, but they may also be motivated to protect others as well. And often disclosure is the only way to protect others. To some people there may not be enough money in the world to get them to shift from that position. Such people are not necessarily unreasonable.

    4. Re:To Mr Beckerman by Arker · · Score: 1

      I am not Mr Beckerman either, but in this sort of situation there clearly cannot be a 'reasonable settlment' (sic) with such scoundrels less than dismissal with prejudice, payment of all defendents expenses, and a public apology. Certainly any settlement that imposed a gag order on such a defendent coud never be described as 'reasonable.'

      In regards to your own corporate clients, if the situations really are as similar as you describe, the same would apply to them. What they're doing is paying hush money to cover up their wrongdoing, and relying on your technical skill to keep them from justice when they run into a defendent who cant be bribed.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  8. Anyone RTFA? by Timesprout · · Score: 5, Funny

    Its way too long for me. Can someone sumarize please using the medium of dance.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Anyone RTFA? by Anonymous Coward · · Score: 0

      Its way too long for me. Can someone sumarize please using the medium of dance.

      It will be way too long for most people, no doubt. Few here will read all 650 pages. But... Parts of it will be short enough. I could well see myself looking into it tomorrow, browsing past all the boring legal scripture that I don't understand and checking the testimonies that might be interesting and relevant to me (as active member of local Pirate Party). Such as what technical arguments were used exactly, etc.

      I would think that a lot of people here could find something reasonably short but interesting there!

    2. Re:Anyone RTFA? by e4g4 · · Score: 1
      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    3. Re:Anyone RTFA? by Kjella · · Score: 1

      Its way too long for me. Can someone sumarize please using the medium of dance.

      Yes.

      --
      Live today, because you never know what tomorrow brings
    4. Re:Anyone RTFA? by wharlie · · Score: 1

      It's just a jump to the left

      And then a step to the right

      With your hands on your hips

      You bring your knees in tight

      But it's the pelvic thrust that really drives you insane.

    5. Re:Anyone RTFA? by NotRangerJoe · · Score: 2, Informative

      From reading the opening arguments and some of the first witness, the prosecution attempts to make the case that an IP address, MAC address, a consistent username, and a specific taste in music identifies a single person. The defense tries to make the case that they don't. There's more on both sides, but I'd rather not dress up as a member of the Geek Squad and tango while I replace a hard drive.

    6. Re:Anyone RTFA? by Spy+der+Mann · · Score: 5, Funny

      Its way too long for me. Can someone sumarize please using the medium of dance.

      Sure!

      Basically, the RIAA said: You are a pirate!

    7. Re:Anyone RTFA? by Anonymous Coward · · Score: 0

      Let's do the time warp again! Let's do the time warp again!

    8. Re:Anyone RTFA? by igb · · Score: 1
      Prefacing this with ``the RIAA are insane and the whole thing screams out cartel and intimidation'', on its face the statement

      an IP address, MAC address, a consistent username, and a specific taste in music identifies a single person.

      isn't totqally unreasonable to a civil (balance of probability) threshold. ``It wasn't me, it was someone who lives in my house, behaves like me, looks like me and with whom I share everything but whom I can't name'' is a defence which requires a bit more than just stating it.

      Yet again, we see the reason why computer folk make poor lawyers. The law, and trials, are about making reasonable deductions in the face of uncertainty. Which is the opposite of what most of us do, or the way we think. ``Beyond reasonable doubt'' or, even more ``on the balance of probabilities'' are about more than saying ``it must have been done by an alien shapeshifter who looks like me: see, that's reasonable doubt!''. If you want to see (on a more serious scale) how disconnected from legal reality computer folk can get, look at the Reiser case. As it happens he was guilty, but his defence was entirely misguided even had he been innocent. Endless ``just so'' stories don't sew reasonable doubt: they just look shifty.

    9. Re:Anyone RTFA? by Anonymous Coward · · Score: 0

      RIAA: Someone bad blah blah blah, give us money.

      Defendant: Oh come on.

      RIAA: Very bad, pirates, seven seas, not Johnny Dep but very bad pirates, killing people, mayhem, end of civilisation etc etc. Give us money.

      Defendant: I've got $40 bucks in my wallet, will you settle?

      Judge: Bad pirate. Piracy is bad mkay, and the RIAA is a poor defenceless organisation. Pay $6450 per song that you pirated, and we will confiscate your vessel too. Oh, and haul the defendant around the keel.

      Defendant: Fuck.

      RIAA: Told you, and let that be a lesson to you damn kids.

    10. Re:Anyone RTFA? by thexile · · Score: 1

      Fuck RIAA! Dance to it baby!!!

    11. Re:Anyone RTFA? by fimbulvetr · · Score: 1

      The MAC address is not preserved outside of the local subnet, so unless they had captured packets on her local network (i.e. to here linksys router or CPE cable modem, etc.), the mac address they're picking up would be remarkably similar every time since a TCP/IP packet's source MAC address is always that of the router the packet hit last. It's extremely likely there are at least 5 routers between her computer and the *AA's equipment.

    12. Re:Anyone RTFA? by Anonymous Coward · · Score: 0

      actually i think it was something closer to this:

      You are a pirate!

    13. Re:Anyone RTFA? by Anonymous Coward · · Score: 0
  9. the "copyright infringement is stealing" argument by crazybit · · Score: 4, Interesting

    is being widely used in my country (Peru), not only referring music "piracy" but also movie "piracy".

    This includes commercials which are screened just before your favorite movie and printed ads in mainstream newspapers (which says "Piracy is stealing").

    I have explained my son that this is a lie, because "piracy" and stealing are two different concepts, but many thousands of peruvians don't know this difference.

    did I mention that the "Piracy is stealing" commercial showed before movies had the MPAA logo at the end?

    --
    - Human knowledge belongs to the world
  10. Document Mirror by lithron · · Score: 2, Informative

    Mirror of the files. My webhost claims I have unlimited bandwidth.. :-)

    1. Re:Document Mirror by the_rtb · · Score: 1

      There's unlimited, and there's Slashdotted. It is obvious which one is larger. At the time of writing that host wasn't down yet, but I wish your webhost best of luck.

    2. Re:Document Mirror by sukotto · · Score: 1

      And if you try to use it all you might discover your latency increases as a function of your bandwidth usage. :-)

      --
      Come play free flash games on Kongregate!
  11. file share by binaryseraph · · Score: 5, Funny

    Wonder what they would have to say if I started seeding this on a bit torrent client.

    1. Re:file share by slugtastic · · Score: 1

      Their brand new Irony Meters would explode.

    2. Re:file share by rhizome · · Score: 2, Informative

      Wonder what they would have to say if I started seeding this on a bit torrent client.

      Nothing. Court records are not subject to copyright (Westlaw and their ilk aside).

      --
      When I was a kid, we only had one Darth.
    3. Re:file share by atraintocry · · Score: 1

      I don't. It's just a protocol, and it's legitimate uses far outweigh any infringement that happens to take place over it.

    4. Re:file share by binaryseraph · · Score: 1

      On second thought- I'm going to charge for a PDF version on my website.

  12. Re:the "copyright infringement is stealing" argume by QuantumG · · Score: 3, Informative

    It's not just you, the rest of the world is also subjected to this bullshit.

    "Disingenuous" is what some people call it. I think that's too polite.

    --
    How we know is more important than what we know.
  13. Let me guess on the whole jury convincing... by plasmacutter · · Score: 4, Insightful

    Given the technical knowledge of your average joe...

    media sentry guy and expert witness come in and bandy about as much technical jargon as possible while connecting it with vicious invective to nefarious terms like "theft".

    defense asks them questions, which they answer in the same language, which may as well be fluent korean to the jurors.

    In the end, jurors make decision based on the repeated misinformation from the media of the past 10 years equating downloading to theft, which was repeated amongst the foreign language the "witnesses" happened to be speaking.

    The end.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:Let me guess on the whole jury convincing... by rakuen · · Score: 1

      This commercial coming soon to a theater near you!

    2. Re:Let me guess on the whole jury convincing... by westlake · · Score: 1
      The jury in the case only has to decide whether it is more likely than not that the defendant infringed on the plaintiff's copyright.

      .
      Let us say that the files in dispute were downloads from the net - something that no one ever really disputed - downloads that weren't purchased through iTunes or any other legitimate source

      - and that the jury wasn't buying the argument that she was not the responsible party.

      She was the head of household. It was her account with the ISP. Her P2P nickname. Her machine.

      That the defendant came across as a liar - arrogant as all hell - and that re-imaging herself "on stage" as a poster child for the FSF wasn't doing her much good.

  14. This just says it all: by Soulshift · · Score: 5, Informative
    FTFA:

    Capitol Records, Inc., a Delaware corporation; Sony BMG Music Entertainment, a Delaware general partnership; Arista Records, LLC, a Delaware limited liability company; Interscope Records, a California general partnership; Warner Bros. Records, Inc., a Delaware corporation; and UMG Recordings, Inc., a Delaware corporation,
    Plaintiffs,

    vs.

    Jammie Thomas,
    Defendant.

    I rest my case.

    --
    node-def: a tactical hacking sim. Now in open beta.
    1. Re:This just says it all: by plasmacutter · · Score: 1

      I'm surprised they didn't challenge them on misrepresentation.

      If any of those companies are from delaware i'll eat my hat, and my dram chips.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:This just says it all: by WiiVault · · Score: 1

      I honestly don't get it. Could you explain. I think you are referring to them all being from Delaware, which I have heard is where a lot of credit card and debt collectors are located. Is this the home of scummy corps?

    3. Re:This just says it all: by BlueCodeWarrior · · Score: 2, Interesting

      Lots of companies incorporate in Delaware because their laws are sweet.

      http://en.wikipedia.org/wiki/Delaware_corporation

      http://corp.delaware.gov/faqs.shtml#numcorps

      Also, see the question right below.

    4. Re:This just says it all: by Soulshift · · Score: 1

      I was mainly trying to underline the fact that in most of these cases, the defendant is hopelessly outnumbered. Can there really be a fair trial when one side has access to nearly unlimited financial resources, not to mention significant political clout?

      --
      node-def: a tactical hacking sim. Now in open beta.
    5. Re:This just says it all: by WiiVault · · Score: 1

      That totally makes sense. I guess I was just surprised to see they were all from Delaware. But agreed, they are 500lb gorillas.

    6. Re:This just says it all: by R2.0 · · Score: 0, Offtopic

      Yeah, thank God our new VP is from there - he'll REALLY put the screws to them.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    7. Re:This just says it all: by KwKSilver · · Score: 1

      Yep. Justice-if you can call it that-favors these corporations who have bought the law from corrupt lawmakers, and can exploit the law with unlimited legal budgets. Justice-if you care to call it that-does not favor single mothers with negligible financial resources and no Congressional suck-buddies.

      --
      If you want your life to be different, live it differently.
    8. Re:This just says it all: by TheoMurpse · · Score: 1

      Biden is a federal senator. He has absolutely nothing to do with state corporate law. That would be the DE state legislature and court of chancery.

    9. Re:This just says it all: by cliffski · · Score: 1

      I don't get it?
      When a large company prosecutes an individual, the individual is ALWAYS INNOCENT?
      Is that what you are suggesting?
      BTW does anyone here actually think this woman did NOT download copyrighted material?
      Seriously?

      Or does it go without saying she's guilty and got caught, and the argument is just about the fine?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    10. Re:This just says it all: by cliffski · · Score: 1

      so everyone found guilty of shoplifting should be let off, by your argument...

      Do you actually think she is innocent of what she was charged with?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    11. Re:This just says it all: by Soulshift · · Score: 1

      Firstly, the words 'innocent' and 'guilty' do not belong in a civil suit. The questions the jury had to answer were whether the defendant infringed on the plaintiffs copyrights, and how much the defendant should pay in damages.

      After reading the transcripts, I'm of the opinion that she did willfully infringe. However, the point I tried to make was that large corporations (or in this case, a whole group of large corporations) have financial resources that are simply incomparable to the resources accessible by a private individual. This makes for extremely lopsided trials where the better funded lawyer can call expert after expert until the defense is trounced.

      Then there is the matter of quality of representation. It seems to me, from the transcripts, that the defense picked an extremely poor strategy (trying to call the evidence into doubt) rather than trying to mitigate the amount damages that the defendant would have to pay. This of course resulted in rather substantial damages when the defended was found to have made and distributed infringing copies.

      --
      node-def: a tactical hacking sim. Now in open beta.
    12. Re:This just says it all: by R2.0 · · Score: 0, Offtopic

      So Biden's support for the bankruptcy bill which hurts consumers has nothing to do with the credit card companies who lobbied for it and just happen to be incorporated in Delaware?

      Right. Pull the other one.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    13. Re:This just says it all: by Anonymous Coward · · Score: 0

      No wonder no one lives in Delaware.

    14. Re:This just says it all: by TheoMurpse · · Score: 1

      That is absolutely irrelevant. Someone said that DE laws were favorable to corporations. Someone else tried to blame Biden. I merely pointed out that DE laws have nothing to do with Biden.

      You can tear into Biden however you want. But please use comprehension skills when reading my posts. I'd rather you not read infer things irrelevant to what I'm saying.

    15. Re:This just says it all: by R2.0 · · Score: 1

      I said nothing about Biden's involvement in making Delaware laws. What I said was that Biden was from Delaware. He has lived most of his life, and was elected to represent, a state that has been corporate owned for decades. It's not just the CC companies - duPont has been there for a long time. From a Fortune Magazine article:

      The one thing that's truly native to the state, Delawareans agree, is Du Pont, which has been based here for all of its 200 years. It's impossible to overstate the connections and influence of the company and the family (which were more or less one and the same until the 1970s, when du Ponts finally ceded the reins). Family members served as Senators, Congressmen, and governors. Du Ponts owned the only daily newspaper and controlled the largest banks in the state. For decades 10% or more of the legislature was made up of Du Pont employees.

      "They were Delaware," says former state chamber of commerce head John Burris. Into the 1980s, if a Delawarean told you he worked for the company, as people routinely did, you didn't have any doubt about which organization he was referring to.

      So we have elected a VP that used to represent, not a "company town", but a "company STATE". And he has used the power of that office to benefit those companies. And since the thread stated out with corporations abusing their power, I pointed out that our VP-elect seems constitutionally (small "c", not capital "C") incapable of holding those corporations to account.

      Perhaps it is you who need to brush up on reading comprehension - you saw meaning in my original post that was not there.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    16. Re:This just says it all: by TheoMurpse · · Score: 0, Troll

      Lots of companies incorporate in Delaware because their laws are sweet

      Yeah, thank God our new VP is from there

      Biden is a federal senator. He has absolutely nothing to do with state corporate law.

      So Biden's support for the bankruptcy bill which hurts consumers has nothing to do with the credit card companies who lobbied for it and just happen to be incorporated in Delaware?

      As you can see, Biden was irrelevant to the original discussion (about DE state corporation laws). We were talking solely about why companies incorporate in DE until Biden, who was OT, got brought up.

      Sure, Biden supporting the bankruptcy bill from a couple years ago really sucked. But I'm just upset because we were talking about state law, someone erroneously brought up a federale, and now I'm the one being told I'm wrong!

    17. Re:This just says it all: by R2.0 · · Score: 1

      No, the original thread, titled "This just says it all" was a listing of the companies behind the lawsuit against the woman as referenced in TFA. One of the child posts was a question about the companies incorporated in Delaware, implying that the practice was corrupt. The next reply pointed out that many corporations incorporate in DE because of their lax laws. I followed with the observation that our VP-elect is unlikely to reign in corporate abuses because he who is from DE. I made no reference to DE law, or that Biden was involved in it's creation. He comes from the same state where those lax laws were created, and so cannot help being influenced by the "soft" corruption that pervades the state. As an example of this, I pointed out his support of a bill that benefitted the corporations in his state, but not the citizens. It has nothing to do with state law, but everything to do with corporate influence and corruption, which is how this thread started.

      You are trying to separate Biden from Delaware politics using the conceit that, because Biden isn't a state legislator, he is apart from the laws made there, and is therefore innocent of corporate pandering. It is a specious argument, because it separates the laws from the culture which spawned them, and Biden is as much a part of that culture as the state and local politicians.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    18. Re:This just says it all: by TheoMurpse · · Score: 1

      I never said he was innocent of corporate pandering. In fact, I said that it was bad he voted the way he did on the bankruptcy bill.

      I merely tried to point out that he is the establishment of Delaware corporate law. That is all.

      You are correct that the thread began with a critique of unrestrained corporate power. My bad. But please stop trying to read RAH RAH BIDEN!! into my comments. I'm definitely not going there.

      Corporate laws are ridiculous all across this country. Delaware and federal laws are some of the worst. In Delaware, you can contract away almost every right, which almost no other state holds out as useful public policy.

    19. Re:This just says it all: by Anonymous Coward · · Score: 0

      OMG.... You're Right!!! I cant believe I've never seen this before...

      FUCK DELAWARE!

    20. Re:This just says it all: by conspirator57 · · Score: 1

      I'm sure he didn't just get elected to the us senate w/o ever holding state office. Please. That's a Hillary Clinton innovation. Surely there's a few DE laws still on the books Biden had his hands in... perhaps the original murder statute. i don't know.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    21. Re:This just says it all: by Harik · · Score: 1

      Downloading isn't an infringing offense, despite what the RIAA/MPAA try to tell you. Copyright only covers distribution - if I have 100,000 ripped mp3s on my computer, that's legal (now a gray area). They have to prove she uploaded those tracks in order to have damages.

      Of course, that's really REALLY difficult to do, so they've come up with the novel claim of "making available" being equivalent to distribution.

    22. Re:This just says it all: by TheoMurpse · · Score: 1

      You're wrong. Joe Biden was elected to county council of a county of 500K people. He served there for two years while continuing his legal practice.

      He then, at the ripe old age of 30, ran and was elected to the US Senate.

      No statewide office.

    23. Re:This just says it all: by conspirator57 · · Score: 1

      Then what's all this malarkey from all sides questioning various candidates' "experience"? clearly Biden didn't need much experience! Therefore both Obama and Palin had ample "experience".

      I begin to suspect that experience is code for "we're not sure this candidate's going to take care of the political machine members"

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    24. Re:This just says it all: by TheoMurpse · · Score: 1

      Well, thirty years in the Senate is a lot of political experience. But if you mean Biden being elected to the Senate without experience, perhaps people of Delaware didn't care as much about experience in the 70s as the rest of the US seems to now.

      But I don't buy this argument of "experience is required" anyway. Yes, for President, a 35 year old grad student is unqualified, no matter their intelligence. But a few years of doing anything with any small bit of responsibility will teach you how to select competent middle management.

      And let's face it, the President is a CEO and he selects middle management, who do everything else, pretty much.

    25. Re:This just says it all: by conspirator57 · · Score: 1

      except that our presidents seem to feel no obligation to be fiscally responsible, whereas they and our representatives lambast actual CEOs for failing to do what government feels no responsibility to even try to do. in fact, excessive spending is claimed to be "key" to the health of the economy. what rubbish.

      and as to the middle management, it seems that the only qualification those folks need is political obligation and connection, not managerial skill. and the people below appointees are unfirable despite manifest need for culling of dead wood. uggh.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    26. Re:This just says it all: by bzipitidoo · · Score: 1

      Cliffski, do you suppose you could drop the "copying = stealing" sorts of arguments and comparisons? In case you haven't noticed, that argument has been thoroughly debunked. Your continued use of it just makes you look trollish. Maybe copying is illegal and/or immoral. Maybe it deprives artists of income. Or maybe it actually increases an artist's income, the way advertising does. But copying is most definitely not stealing. And assuring artists of compensation by trying to stop copying is clearly not working.

      She was being made an example of and crucified for a crime that is less damaging than and as common as speeding. Speeding could get people killed. Sharing can't. This is not justice. I don't want our justice system going berserk. Do you fancy being hauled into court, railroaded, and assessed a fine of millions for some petty crime, just because it's still novel to certain cave dwellers? Shall we resurrect the House Un-American Activities Committee, because when you download music, you're downloading Communism?

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    27. Re:This just says it all: by NewYorkCountryLawyer · · Score: 1

      Cliffski is not from the U.S. He is a UK games designer who apparently has gotten ripped off, so that he enters each and every RIAA thread to (a) support anything the RIAA says, and (b) make ad hominem attacks on my character. In this discussion, e.g., he said that court proceedings should NOT be televised because of the way the lawyers act. When I noted that all the televised proceedings I'd seen, with the single exception of the first OJ Simpson trial, looked exactly like the untelevised proceedings I'd seen, and asked him for some examples, he ignored the question and started attacking my litigation track record.

      I respect Cliffski for not being anonymous, and I respect anyone's right to disagree with me on anything, but I have noticed a lack of intellectual integrity on his part which I do not forgive and do not respect.

      If his ox has been gored by copyright infringement, and he wants to be a strong advocate for enforcement of copyright laws, fine... but he should support his arguments with facts, law, and public policy considerations, and when he's been caught saying something that is not supportable, he should concede the point and move on.

      So far that has not been his style.

      --
      Ray Beckerman +5 Insightful
    28. Re:This just says it all: by Jaazaniah · · Score: 1

      This is the first time I've delved into why Delaware was a 'sweet spot', so bear with me...

      So lemme get this straight, you incorporate in DE, operate a studio in CA, have lawyers run 'rights to duplicate' licenses to CD-stampers, and get away scott free because you're not franchising additional locations, fund a few managers, trips, aired interviews, and habits, completely disregard the wishes of shareholders who are giving you their money, and reap EVERYTHING ELSE as profit?

      Surely I'm not the first one to look at this and think DE isn't a corporate haven, but a CON ARTIST haven? If this industry follows corporate trend and asks for a bailout because CDs get faded out, I hope they get LAUGHED out of the chamber!

      Someone please correct me if I've terribly over-simplified and missed some critical detail that makes this scenario not look like the one-sided legal railgun it seems.

  15. Re:the "copyright infringement is stealing" argume by mixmatch · · Score: 3, Interesting

    I always cheer loudly when these commercials are played at the movie theatres. I think it provides some comic relief and lets everybody know that not everybody believes the bullshit.

  16. Re:She is a dumbass by Atlantis-Rising · · Score: 1

    No. It's fine to fine the defendant $221,976.24 for willfully breaking the law. If you don't believe the law is ethical, there are proper channels to go through in order to change it.

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

    It's -legal-, but not fine.

  18. Re:the "copyright infringement is stealing" argume by WiiVault · · Score: 1

    Not to a jerk, but the problem is that you are in the theater at all. I myself sometimes fall prey to giving money to people who will use it against me (MPAA, RIAA) but whenever I can I try to remind myself and others of the ills of even doing business with these bastards

  19. Re:She is a dumbass by mdwh2 · · Score: 2, Insightful

    Read the post I replied to. The OP didn't say the fine was justified because it was against the law, he said it was justified because of a statement made by the defendant:

    "The reason why she got slammed with such high levels for each instance of infringement is because she tried to make the jurors feel stupid"

    If you don't believe the law is ethical, there are proper channels to go through in order to change it.

    That's irrelevant - that doesn't mean that such people should be fined excessively more for what they believe. If your point is to simply say that the law allows for such vast fines, then yes, we know what the law says, and no one is disagreeing with that point - that's a straw man.

  20. Wrong... by Anonymous Coward · · Score: 0

    Except if you made F150s out of gold, they would not weigh 2197 kg.

  21. Why did this take a year? by whoever57 · · Score: 2, Insightful

    I thought court proceedings were public records -- why did it take a year for the transcript to be available?

    --
    The real "Libtards" are the Libertarians!
    1. Re:Why did this take a year? by NewYorkCountryLawyer · · Score: 3, Interesting

      I thought court proceedings were public records -- why did it take a year for the transcript to be available?

      1. The transcripts aren't free. I think this one cost around $2500.

      2. For awhile the court reporter was on maternity leave. I don't know about other delays.

      3. This was a gift from the Joel Fights Back" legal team. If they hadn't gotten me one, I don't know if I'd ever have seen it, because the RIAA lawyers do not have the courtesy to share transcripts with their adversaries.

      --
      Ray Beckerman +5 Insightful
    2. Re:Why did this take a year? by Anonymous Coward · · Score: 2, Insightful

      the court reporter sells those. they get paid per page or something like that as far as i know.
      so since "RIAA-Richard" is not a nice man, he did not provided nycl with a courtesy copy back those days.
      Oh, ianl so better trust nycl then me on that one

      --
      A_F

    3. Re:Why did this take a year? by NewYorkCountryLawyer · · Score: 2, Interesting

      the court reporter sells those. they get paid per page or something like that as far as i know. so since "RIAA-Richard" is not a nice man, he did not provided nycl with a courtesy copy back those days. Oh, ianl so better trust nycl then me on that one

      You got it right.

      --
      Ray Beckerman +5 Insightful
    4. Re:Why did this take a year? by Fluffeh · · Score: 1

      Did you see the bit where it was around 650 pages? Typing all that takes time you ninny!

      Personally, I would be happy to punch out that many pages in a year.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    5. Re:Why did this take a year? by AcidPenguin9873 · · Score: 2, Interesting

      1. The transcripts aren't free. I think this one cost around $2500.

      You must have missed the irony and analogy here. An electronic court transcript is just a bunch of bits on a hard drive somewhere, whose creation price has been (arbitarily) set at $2500. Since the electronic document is now in the ether of the Internet, no one will ever again pay $2500 for it, they will pay $0. Does this remind you of anything?

      Of course this isn't actually a good example, because the creation cost (the court reporter's time and equipment) is probably already paid for by the time the transcript is sold.

      See http://slashdot.org/comments.pl?sid=1059301&cid=26084387 for the rest of my thoughts on IP, creation cost, and the value of someone's time, creativity, and ideas.

    6. Re:Why did this take a year? by Anonymous Coward · · Score: 0

      Maybe you should be more courteous to the RIAA lawyers and send them the page of a dictionary with the word "courteous" highlighted in an envelope :)

    7. Re:Why did this take a year? by atraintocry · · Score: 1

      No irony that I can see. The transcripts are available to the public. AFAIK they cost money to publish because everything costs money to publish, not because you are licensing the content from the courts.

    8. Re:Why did this take a year? by AcidPenguin9873 · · Score: 1

      Are you suggesting that printing, binding, and shipping a single copy of 700 pages of text costs $2500?

    9. Re:Why did this take a year? by atraintocry · · Score: 1

      I agree that the price seems extremely inflated. I'd imagine that the courts try to make up for other costs with those charges, but I have no evidence of that.

      It just seemed like you were saying that Mr. Beckerman was liberating these documents in the same way that a song gets liberated when it pops up on P2P, I think that the difference is significant enough that the two don't warrant a comparison.

      I don't have direct experience but I always assumed that lawyers subscribe to the services that give them access to digital libraries of these documents.

      I will grant you that the irony part seems relevant in the case of those services...again I dunno about specifics but at school we had LexisNexis, it seems like they'd apply here. They are charging for access to documents. Of course, they are doing the work of maintaining/indexing them. (And I'm not sure that the "many eyes" theory behind OSS will help create a free-to-all online database of transcripts and other legal papers. In terms of sorting the things you would want the eyes to be attached to a lawyer, legal clerk, etc and they probably don't take as much hobby time as programmers do) :D

    10. Re:Why did this take a year? by dropadrop · · Score: 2, Funny

      2. For awhile the court reporter was on maternity leave. I don't know about other delays.

      Do you think the RIAA where involved with getting her pregnant? A cunning plan to delay the release of the transcripts...

    11. Re:Why did this take a year? by fimbulvetr · · Score: 1

      Not just that, but they probably have to format it to a publishable form, as well as proof read, correct and go through all the paperwork to make it so. If you think you can do it faster, I'm sure a clerk of courts job pays somewhere around 12-14$/hour, so be my guest.

    12. Re:Why did this take a year? by Anonymous Coward · · Score: 0

      federal court reporters make their money by selling transcripts to media and the parties involved. they are not salaried a flat rate by the government. so saying the court reporters' time is paid for by the first purchase misses the point entirely.

    13. Re:Why did this take a year? by Anonymous Coward · · Score: 0

      "Typing all that takes time you ninny!"

      Bzzzt!
      Wrong answer!

      Lisa (the court reporter that is) stenographed it in real time back then, she had not to write it out, a nice little computer that understands steno has done the "typing out"

    14. Re:Why did this take a year? by e-scetic · · Score: 1

      Something is wrong with the documents. The plaintiff's closing arguments are missing, as are the judge's instructions to the jury. Pages 575 through 636 of volume III are blank.

    15. Re:Why did this take a year? by NewYorkCountryLawyer · · Score: 1

      Not in my copy. I just accessed it and those pages were fine.

      --
      Ray Beckerman +5 Insightful
    16. Re:Why did this take a year? by NewYorkCountryLawyer · · Score: 1

      It's probably got something to do with the fact that it's a big *pdf document, which is a pain to load.

      --
      Ray Beckerman +5 Insightful
  22. Bah! by Anonymous Coward · · Score: 0

    930 GB = 908,000 MB

  23. Re:the "copyright infringement is stealing" argume by Tacvek · · Score: 1

    He sneaks into the theater, you insensitive clod! (Paying the theater by means of buying concessions instead.) ;-D

    --
    Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
  24. The Key Is... by hyades1 · · Score: 1

    ...to make sure the relevant parts of this transcript are summarized and made so widely known that the RIAA will be perpetually afraid that no matter where they go, they're probably going to run into one or more jurors who will be determined not to be played for fools.

    A catchy name for the Duluth jurors and/or decision might also help. I hate to label them "The Doughheads From Duluth", but if it helps prevent a similar miscarriage of justice...

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  25. Re:She is a dumbass by Atlantis-Rising · · Score: 1

    My point was that there is nothing wrong with punishing people who willfully break the law with greater fines than people who accidentally break the law or break the law while not aware of the intricacies.

    I think that's what the OP is getting at, too- they hit her with such high fines because they thought that she was willfully breaking the law, knew it, and was trying to slide past.

    --
    "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
  26. Re:She is a dumbass by Anonymous Coward · · Score: 3, Informative

    Legitimate channels like Jury nullification.

    Posting anonymously so that I don't get booted off any jury I get picked for. If they find out you know about jury nullification, they don't want you on the jury! If I'm ever on a file-sharing jury, I will refuse to convict, and do everything in my power to convince my fellow jurors of the same.

  27. Re:the "copyright infringement is stealing" argume by Zarhan · · Score: 1

    I heard stories that they don't even show these in Sweden anymore since Pirate Bay and The Pirate Party have succeeded in making everyone just laugh at them. Can someone confirm?

  28. Re:the "copyright infringement is stealing" argume by Bloater · · Score: 2, Funny

    Is it okay if your camcorder recording includes the anti-piracy notice?

  29. Bounty? by Anonymous Coward · · Score: 0

    Lets say I innocently buy a used computer from a scrap dealer and find copyrighted songs on it. Can I get 10% ( ~$100) of the song's "worth" as a bounty for turning the machine in to the RIAA?

    How about consulting fees?

  30. Re:the "copyright infringement is stealing" argume by WiiVault · · Score: 0, Offtopic

    When I go I look like an 600 pound man with all the goodies I have stuffed in my jacket. 7 bucks for a soda, no thanks!

  31. Re:the "copyright infringement is stealing" argume by t0y · · Score: 2, Funny
  32. "when she testified under oath... by Gnavpot · · Score: 1

    ...that making a copy from one's CD to one's computer is 'stealing'."

    That one baffled me. I am neither a lawyer nor an American. However, I would assume that a witness' opinion of the legality of a given action is completely irrelevant. Establishing the legality of a given action is a task for the court, not a task for the witness.

    So why was a witness asked about the legality of copying a CD?

    And why was she breaking her oath (as NYCL is somehow implying) when she did not know the correct answer?

    1. Re:"when she testified under oath... by NewYorkCountryLawyer · · Score: 5, Informative

      "when she testified under oath that making a copy from one's CD to one's computer is 'stealing'."

      That one baffled me. I am neither a lawyer nor an American. However, I would assume that a witness' opinion of the legality of a given action is completely irrelevant. Establishing the legality of a given action is a task for the court, not a task for the witness.

      Agreed.

      So why was a witness asked about the legality of copying a CD?

      Beats me.

      And why was she breaking her oath (as NYCL is somehow implying) when she did not know the correct answer?

      She knew the correct answer. She was deliberately misstating the law in order to improperly inflame the jury against Ms. Thomas, convincing the jurors that even had Ms. Thomas done nothing but copy some CD's onto her hard drive, that in and of itself was a copyright infringement.

      --
      Ray Beckerman +5 Insightful
    2. Re:"when she testified under oath... by Gnavpot · · Score: 1

      She knew the correct answer. She was deliberately misstating the law in order to improperly inflame the jury against Ms. Thomas, convincing the jurors that even had Ms. Thomas done nothing but copy some CD's onto her hard drive, that in and of itself was a copyright infringement.

      Sorry to play the devil's advocate, but was that wrong of her, even if she was deliberately lying?

      Given that we have witnesses to establish facts, not legality, does a witness commit perjury when she lies about legality?

      If this was not perjury, it seems to me that she was doing her job to her best ability.

      But was the defendant's lawyer doing his job to HIS best ability? Shouldn't he have stopped the irrelevant questioning about legality?

    3. Re:"when she testified under oath... by belmolis · · Score: 3, Informative

      Ms. Pariser is a lawyer and therefore an officer of the court even when she acts as a witness rather than as counsel for a party. Knowing misrepresentation of the law by an officer of the court is unethical and a potential cause for disciplinary action.

    4. Re:"when she testified under oath... by Fluffeh · · Score: 1

      witness commit perjury when she lies about legality

      *ahem*

      Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    5. Re:"when she testified under oath... by Eskarel · · Score: 2, Insightful
      Lying under oath about anything whatsoever is purjury. Note that it's not lying if you believe you are telling the truth but are mistaken. Remember the oath is "The truth, the whole truth, and nothing but the truth".

      There does admitedly appear to be some wiggle room within the "the whole truth" thing, which is to say you are only required to completely answer the question put to you as opposed to telling truths you know but haven't been asked, but lying under oath is still illegal as far as I know no matter what.

      Perhaps the defendent's lawyer should have objected, but if she's an expert in the field it would have been a fairly gray area and probably a quite applicable question and would likely have been overruled.

      On the other hand, to play devil's advocate, while copyright infringement is not stealing, it's sort of hard to come up with a laymans term for what it is that correctly explains what it is to a non technical jury. Realistically it's a breach of contract, but contracts you don't explicitly sign, verbally agree, or make any explicit acknowldgement of contract, don't make a lot of sense to the average person(which one might argue is why the case is flawed to begin with).

    6. Re:"when she testified under oath... by guruevi · · Score: 1

      Violating copyright is (in the US) breaking some type of law (because you're not allowed to do it). It's however not stealing. It would be like arresting somebody that's speeding for "theft of speed" or something like that. Theft is making somebody else goods disappear, depriving somebody else from a tangible object or the use of a non-tangible object. When you're breaking copyright, every/anybody you 'stole' it from can still 'use' their own copy so they're not deprived of anything but a small (if any) part of income similar to picking up somebody else's quarter on the street that fell out of their pocket.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    7. Re:"when she testified under oath... by QuantumG · · Score: 1

      Copyright infringement in layman's terms:

        * The government grants you a monopoly,
        * The infringing party is the guy who competes with you.

      It's like operating your own steamboat to carry passengers back when Robert Fulton was the only guy who was allowed to do that.. with the exception that the courts eventually decided that prohibiting competition was a really stupid idea.

      That's it, there's no mystery to it.

      --
      How we know is more important than what we know.
    8. Re:"when she testified under oath... by TheoMurpse · · Score: 1

      To be fair, there is some amount of caution you have to exercise when objecting in court. If you object too often, the jury will start to think you, the defense lawyer, are trying to hide something from them.

      They'll turn against you, view what you do with suspicion, and the case will be lost for you at that point.

      It sucks, but that's how humans work.

      Better to wait until cross and do something like this:

      1. Ms. Pariser, you previously said that downloading music is theft?
      2. Yes, I did
      3. And you are an expert in copyright law?
      4. Yes, I am
      5. Are you aware that downloading music is copyright infringement and not theft?

      At that point, if she says yes, you've showed the jury she's untrustworthy. If she says no, you introduce via judicial notice a copy of the US Code and show she's wrong.

      Now, I've only done a little mock trial, and it's bedtime for me, so I'm admittedly not an expert on how to properly cross such a witness, nor am I thinking clearly at this point.

      But it's at least a rough draft of a better alternative than objecting and risking the jury beginning to mistrust you. Better to make the jury mistrust the expert and the lawyers on the other side of the case.

      A lawyer with some trial experience might be able to chime in here as to whether I've at least got the gist of "don't object, but prefer to impeach the witness if possible" correct.

    9. Re:"when she testified under oath... by freedom_india · · Score: 1

      that making a copy from one's CD to one's computer is 'stealing'."

      There are two definitions: The right to copy is the property of the owner or licensee authorised by owner to perform such acts. If you are not such a licensee, then you are breaking the contract of sale. (again highly questionable. A buyer inherits ALL rights of a Seller as per law, and the seller has NO right to post conditions on a sale once completed).

      Establishing the legality of a given action is a task for the court

      Again wrong. The Law establishes the legality of an action. A court ENFORCES such legality when it is brought to its attention by an "affected" party. In other words, if you take something from Walmart without paying for it, i cannot bring legal action against you. Only walmart can.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    10. Re:"when she testified under oath... by freedom_india · · Score: 1

      Copyright is the right to make copies of your OWN work.
      Any new object you create belongs to you and only YOU have the right to duplicate the same. Anybody who does it without your knowledge or permission is violating your right.
      If you die, you obviously can't be around to give permissions, so the right to copy your work SHOULD be open.
      Unfortunately that is not so:
      1) Corporations don't die. These Eternal Vampires live for ever and hence restrict the rights of others. Case for time-limited copyright for corporates based on average person's life.
      2) Killing for copyright. A modern Rembrandt can be killed so that his work can be copied for profit. Punishments for such cases should be similar to anti-terrorism law.

      Either, corporates should be prevented by law from owning a copyright (they are not creators, they can't walk or dance) , or limit their ownership to average human life span. So copyright for Disney's works dies with him, or upto his natural age.
      Or, allow only natural persons to own copyrights and specify it dies with them.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    11. Re:"when she testified under oath... by DMalic · · Score: 1

      This poses difficulties. The whole goal of copyright is to spur inventors or creators who would not have otherwise have produced their work (historically, and constitutionally in the US, modern copyright thinking in Europe may differ). Presumably, some of these people are motivated by the ability to create a work and pay someone else to monetize it (a corporation). Without the ability to sell their rights for cash, they may stop inventing.

    12. Re:"when she testified under oath... by Mr.+Freeman · · Score: 1

      Compare it to stealing a candy bar.
      In the case of theft, you take something away. If I steal a candy bar, then the store can no longer sell or use the candy bar. This is stealing.

      However, if I make my own candy bar that's identical to the one in the store, that's copyright infringement.

      To steal, you take something. To share music, you make copies. Copying is different because BOTH people have the content at the same time, rather than one.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    13. Re:"when she testified under oath... by freedom_india · · Score: 1

      The fact remains is that monetizing a work is fine, but the right to copy still remains with the original natural person.
      A corporation can no more draw the Nativity Scene than a 1-year old can program in COBOL.
      A limited copyright forces the following:
      1) A corporation which exists solely to monetize them will either train or grow MORE artists since income is not infinite from one person. If frank Sinatra's right to limit copying died with him, the corporation that monetized it would not gain profits, so it makes sense for them to "farm" more such artists, which means MORE income and opportunities for many others. Disney need not suppress the "next Miley Cyrus" at all.
      2) Since the right to limit copying ends with the creators death, he would be hell bent on creating more works of art before he dies. Much like beethoven or Shakespear did. No point in Akon stopping with "Lonely" since that income would be insufficient for his generations. Hence he is forced to create more beautiful songs. Both society and he are enriched in the process.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    14. Re:"when she testified under oath... by DMalic · · Score: 1

      These are good points; if the corporation can't clone the goose that lays the golden eggs, it has to keep it alive and find more geese..

    15. Re:"when she testified under oath... by QuantumG · · Score: 1

      Sure, you own your work, but that's not what copyright is about. Copyright is about giving you control over MY copy of YOUR work.

      --
      How we know is more important than what we know.
    16. Re:"when she testified under oath... by freedom_india · · Score: 1

      Wrong: Copy Right is the Right of copying MY work. As a creator i, and i alone have this inalienable right. I can permit others to do the copying, but i own the right: period.
      What you are talking about is DRM: unrelated in this discussion.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    17. Re:"when she testified under oath... by AK+Marc · · Score: 1

      When you're breaking copyright, every/anybody you 'stole' it from can still 'use' their own copy so they're not deprived of anything but a small (if any) part of income similar to picking up somebody else's quarter on the street that fell out of their pocket.

      I know the distinction I'm about to make is pedantic, but law is applied pedantry, so it's quite relevant. It doesn't deprive anyone of anything. The sale of forged CDs passed off as originals at cut-rate prices may be argued to be more like that, but for me to open my drive so that someone else may snoop it for free and copy something doesn't deprive anyone of anything. "But they would have bought it if you didn't do XXX." So? I didn't deprive them of profit because whomever may have accessed my files knows they didn't pay for an official copy, and can, at any time, choose to go to the store and buy it. I didn't prevent them from buying it, so I didn't deprive anyone of any profits. And that's all beside the point that there is no right to profit, no punishment for competition that results in lost profits for someone else (as long as you aren't competing with a government sanctioned monopoly, like doctors, lawyers, copyright, cable companies, etc.).

      There is a simple contractual obligation. The creators of works agree to give them away to everyone for free in exchange for a short time of government-protected monopoly to profit on them before their release into the Public Domain. That's what copyright is. However, because there is no longer a limited time on the copyrights, the contract is invalid. So I'd be violating an already invalid contract if I were to illegally share files. It is quite unfortunate that those with the ability to make their personal opinions into law have opinions different than mine. It's been ruled that unlimited extensions done one finite step at a time are "limited."

    18. Re:"when she testified under oath... by QuantumG · · Score: 1

      1. It's not inalienable, it's for limited times.
      2. Copyright is all about controlling what other people can do. It's not just making copies, it's also make derivative works, performing the work in public, etc.
      3. It's not just about you owning your work.. yes, you own your work but, unlike all other forms of work, when you sell your work you get to maintain control over the buyers. That's what makes copyright different.
      4. The purpose of copyright is to encourage the creation of more works. When copyright works in the opposite direction, the courts should refuse to enforce it.
      5. It's really not a hard concept I'm trying to get across here, but your head is so far down in the sand that you don't want to try to understand it.

      --
      How we know is more important than what we know.
    19. Re:"when she testified under oath... by Anonymous Coward · · Score: 0

      She knew the correct answer. She was deliberately misstating the law in order to improperly inflame the jury against Ms. Thomas,

      In other words, she was lying under an oath. Isn't that a crime? If it is, what is the penalty for this under the U.S. law?

      Shouldn't someone get sued right now?

    20. Re:"when she testified under oath... by Anonymous Coward · · Score: 0

      AC you must be wrongly informed how stuff works in corrupt politicans America of today!

      Those lawyers from and working for Vivendi Universal (France), Sony BMG (Japan and Germany), EMI (Britain), and Warner Music (US, but controlled by a Canadian) don't get sued.

      When the time gets near that the shit is about to hit the fan, they get a nice promotion instead!

      They become judges themself for example thanks to either corrupt or dump ass stupid politicans the people in Colorado have elected!

      http://www.p2pnet.net/story/15851

      --
      A_F

    21. Re:"when she testified under oath... by freedom_india · · Score: 1

      inalienable and limited times are two entirely different concepts.
      inalienable refers to the fact that two things cannot be separated.
      Limited time is a varied concept: applied to this case it CAN mean its valid only for certain period of time.
      Making derivative works, performing the original work in public unchanged ALL arise from the same source: Right to Copy. You think derivatives are different from performing in public: they are NOT. Its like saying Sulphuric Acid, Nitric Acid and Hydrochloric Acid are ENTIRELY different liquids: They are NOT. They are acids which have the basic properties common to all acids. They react the same way to metals, water, etc. Try paying attention in school/college some time: you will be surprised how much your teachers try to teach you.
      When i sell my work the buyer enjoys my work. He can make ANY changes to the work so long as he does NOT sell it in the changed condition AND/OR mention me as author. I can buy a Britney CD tomorrow, rip the songs, mix it up as startup tones, etc., Britney and certainly RIAA doesn't care so long as i do NOT attempt to sell them in any condition.
      Please look into the history of copyright from the British Empire times. You will learn a lot instead of sitting and criticizing me just because you got the concepts wrong.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    22. Re:"when she testified under oath... by Anonymous Coward · · Score: 0

      To play devils advocate, the theft is not of the product itself, but rather of:

      - Market Share
      - Potential Profits
      - Creative Control

      A better term would be illegal competition. The problem is that in non-commercial infringement, the potential market dynamics at free is not the same as the potential market dynamics at retail rates. 1 copy doesn't necessarily equate to 1 lost sale.

    23. Re:"when she testified under oath... by QuantumG · · Score: 1

      Ok, I've had enough talking to you now. You're uninterested in anyone's opinion but your own.

      --
      How we know is more important than what we know.
  33. Re:the "copyright infringement is stealing" argume by Fluffeh · · Score: 1

    commercials which are screened just before your favorite movie

    Oh man, nothing shits me more (well, that's not completely utterly true) than buying a DVD, slotting into my player and having to sit through a minute long "You would not steal a handbag, you would not steal a car..." spammercial. How about this, I bought the fucking DVD, doesn't that mean I am NOT a target audience for spamming me with this ad that I can't skip, can't fast forward through and generally does nothing apart from pissing me off?

    A small light int he darkness though, I recently worked out that one of the languages generally skips right past the whole advert. I just have to work out that same language is for the other flavors of the same ad.

    --
    Moved to http://soylentnews.org/. You are invited to join us too!
  34. Re:the "copyright infringement is stealing" argume by Creepy+Crawler · · Score: 1

    And that goes back to one of the premises that pirates (me included) use to download whatever we like.

    Pirate products are usually better quality, less malware and user harassment, and cheaper to boot. Why pay for worse quality when free is better quality?

    --
  35. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 2, Insightful

    They do it here in america too, and the stupidest part is they come to the conclusion:
    "Buying pirated movies is stealing"
    Uh, no. Not only are pirated movies not stolen, but buying black market goods is not stealing either. Sure, it might be illegal, and sure, the cops can confiscate it w/ out compensation, but last I checked it's not stealing.

  36. Because they say it is. by Zombie+Ryushu · · Score: 1

    Short of a revolution in the US or a major civil Rights movement on the part of consumers where millions of people march in protest of IP laws on the corporate headquarters of these IP giants and the capitol, I don't see any changes coming from this. The current generation of USians lacks the motivation for any sort of anti-monopoly revolution. If real change were to occur, it would take at least a vietnam level uprising against US IP policy.

    The problem is that IP Policy is very nebulous and difficult to understand compared to things like protesting compulsory military service or religious or racial discrimination.

    1. Re:Because they say it is. by Daengbo · · Score: 0, Redundant

      One of the problems is people using the phrase "intellectual property" ("IP") to conflate trademarks, copyrights, and patents, which are all very different things with different laws pertaining to them.

    2. Re:Because they say it is. by WeirdJohn · · Score: 1

      This is one of the things I don't understand about America and Americans. My understanding is that your Constitution includes the Right to bear arms so you can rise up against an oppressive or corrupt government. Ignoring the question as to whether Oswald was simply exercising his constitutional rights, why do Americans allow their Democracy to be defined by Corporations that have their own interests, and not the nation's, at heart? Why does anyone who tries to exercise that right get put in gaol or executed?

      Surely you have enough people with guns to force the issue.

      By the way, this is a serious question, not a troll, and I accept that Democracy here in Australia is not what it was.

    3. Re:Because they say it is. by Zombie+Ryushu · · Score: 3, Interesting

      The US has never really been the freedom loving nation it aspires. when it started, it had slavery, when that ended there was an apartheid of Blacks, after that there were constant conflicts over religion internally. (In fact, religion has caused the US Public school system to be torn apart.) The list goes on. The USian public doesn't really believe in freedom. It believes in White, Christian, Male, wealthy domination. The whole secularism and tolerance thing has been around only since the early 70s.

      You can't really have a true open and transparent democracy when such a huge percentage believe in a Monarchical Autocratic universe. The last 8 years, the US presidency has boiled down to "Jesus wants me to be president." My significant other has been told "Jesus wants Christians to run Windows", and "Linux is a Demonic Operating system". So telling the public "Jesus says making copies of music is wrong." and they will believe it. Because thats just the way the USA is.

    4. Re:Because they say it is. by freedom_india · · Score: 2, Interesting

      why do Americans allow their Democracy to be defined by Corporations that have their own interests, and not the nation's, at heart?

      Because, Corporations are loaded with money with which to buy COngresscritters. You, living on social security, do NOT have the same amount of money to buy a congresscritter. Today's rate of a congresscritter is about $2,000,000 excluding "sponsored" educational trips to Swiss Alps and Carribean.

      Why does anyone who tries to exercise that right get put in gaol or executed?

      Because it upsets the status quo dumbass. If you start questioning and succeed, others will rise, and ultimately the corporations will be overthrown leading to rule "by the people", "of the people". Something that neither congresscritters nor corporations want. Hence, to prevent anyone else from trying to do what you do, they make a Che Guevara out of you.

      I accept that Democracy here in Australia is not what it was.

      Democracy in Australia follows the Westminister model, which is why the past and present political dingos can get away with Orwellian internet, crappy telephones, a overtaxed economy, subsidies to woolworths and Coles, while beating the sydney man to death with council and state taxes.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    5. Re:Because they say it is. by cliffski · · Score: 1

      anyone who equates having to pay for music with the war in vietnam needs to get some perspective.
      Nobody is forcing people to go fight and be killed in a foreign country. It's just that if you want the new Britney Spears album you have to pay for it.
      How can ANYONE compare such things....

      --
      DRM-free indie games for the PC and Mac: Positech Games
    6. Re:Because they say it is. by DMalic · · Score: 1

      I wouldn't say that's the case. Back then, there was a strong belief in freedom which no longer exists - people just didn't see it as applying to everyone. Now, our concept of freedom is very watered down, but it covers all of us. That's better than what we had before, but not perfect by any means.

    7. Re:Because they say it is. by OneSmartFellow · · Score: 1

      that's better than what we had before, but not perfect by any means.

      A significantly better than almost anywhere else in the world, BTW.

    8. Re:Because they say it is. by DMalic · · Score: 1

      European countries never had that mentality of freedom > safety and security as nations - some of the "elites" there did, to their great credit (especially in Britain - after all, that's what inspired US) - but it didn't infuse the country like it did ours. They've been doing pretty well under Pax Americana, but will that remain when things go badly and their governments start to use the powers they've gathered? As for most of the rest of the world, well, that goes without saying.

    9. Re:Because they say it is. by Anonymous Coward · · Score: 0

      I take it you are American, and haven't set foot outside your own country?
      There are heaps of countries that are significantly better.

    10. Re:Because they say it is. by mcgrew · · Score: 5, Interesting

      The USian public doesn't really believe in freedom. It believes in White, Christian, Male, wealthy domination.

      Racism and sexism are smokescreens for the US's blatant classism. And it's far from Christian; the national religion is the worship of money. You won't find Bibles in any public school I know of, and students have been disciplined for even talking about religion. The Constitution itself states that the government cannot institute a national religion. We were founded as a secular nation.

      Our national god is the god of mammon. We worship green pieces of paper. Hell, the mammon-worshipers are so afraid of Jesus they no longer even use the word "Christmas" in advertising. "Holoday tree?" What other holiday (outside Druidism) has a tree? Do they call it a "Holiday Menorah?"

      We're heading into a depression because the high priests of finance are greedy morons.

      As to racism, nobody would object to Bill Cosby or Oprah Winfrey moving in next door to them. It's the crack smoking gang bangers that they don't want moving in. Their color has nothing to do with it; what it has to do with is the fact that they're poor violent thieves. Most anybody would object to blue eyed Billy Bob Meth guy just as vehemently. It isn't a matter of race, it's a matter of class.

    11. Re:Because they say it is. by rohan972 · · Score: 2, Insightful

      This is one of the things I don't understand about America and Americans. My understanding is that your Constitution includes the Right to bear arms so you can rise up against an oppressive or corrupt government.

      The 2nd amendment prevents the government from taking the right to the ability to rise up, it does not imply that the government must tolerate armed insurrection. Those who bear arms against the government have placed themselves outside the rule of that government and become an enemy. If they prevail and form a new government they will presumably not have themselves punished. If they do not prevail they will either be killed as an enemy or forcibly brought back under the rule of the government through the courts and prison system.

      So you have the right to keep and bear arms but waging war on the government is only legal if you win. LEVIATHAN by Thomas Hobbes gives an explanation of unalienable rights under the title "Not All Rights Are Alienable" which would probably help your understanding of this. It is available at Project Gutenberg you can search for the title without the quotation marks. It's worth reading the whole book though.

      Surely you have enough people with guns to force the issue.

      From the Declaration of Independence: Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

      Have a read of the list of things they put up with before the Declaration of Independence was made (the list is in the Declaration, also at Project Gutenberg).

      The copyright problem is likely transient, ie temporary. The people who have been voted out will leave office. Things can still be dealt with in court and through other legal means. The situation isn't so bad that it is worth the suffering a civil war would cause. Having guns doesn't mean you give up easily on peaceful methods.

    12. Re:Because they say it is. by Anonymous Coward · · Score: 0

      It believes in White, Christian, Male, wealthy domination.

      Two words: Obama.

      Oh, turns out I only needed one to prove you wrong.

    13. Re:Because they say it is. by MemoryDragon · · Score: 1

      Amen to that unfortunately having money as state religion is not only appliable to the USA almost the entire world nowadays is that way. Well there are still enough people who are not that way but, the money worshippers are definitely the ones constantly promoted in the media...

    14. Re:Because they say it is. by Anonymous Coward · · Score: 0

      The US has never really been the freedom loving nation it aspires. when it started, it had slavery, when that ended there was an apartheid of Blacks, after that there were constant conflicts over religion internally.

      In 1649, Maryland passed the Toleration Act, which guaranteed religious freedom (so long as you were Christian). This is near the end of the European's wars of religion, the violent conflicts between Catholicism and Protestantism, much freer than everything else at the time.

      The American Revolution was essentially started on the basis that those in the American colonists were not being given the rights guaranteed to them by the British Bill of Rights. Indeed, even to this day, most Americans have no sense just how free they are: one can legally (by the 1st and 14th amendments to the U.S. Constitution) deny that the Holocaust happened (try doing that in Germany), or even advocate violent overthrow of the government (cf. Brandenburg v. Ohio)--try doing that in other places!

      With regards to slavery, those at the Constitutional Convention recognized slavery as a dying institution (had it not been for the cotton gin); by 1808, Congress banned the international slave trade. By the Civil War, slavery was again becoming impractical--Virginia held a vote shortly before the Civil War as to whether or not to abolish slavery; it lost by 1 vote, IIRC.

      It's probably safe to say that, at no time in the history of the United States as a country, did a majority of the population morally support slavery (many slavery proponents supported slavery only because they felt it economically necessary or because to abolish it would create insurrection).

      And religion? Name the last time the country has seen an actual battle (in the military sense) over a dispute between two religions. The U.S. has had no serious conflict on religion. Many countries in the world at least as old as the U.S. cannot claim that, and many much younger cannot claim that.

      It believes in White, Christian, Male, wealthy domination.

      Please tell me, then, why our current president-elect is (half-)black, one of the serious candidates for the vice presidency in the recent election female (also my incoming representative is female), and why one of the most serious candidates in the Democratic primary was female. Also tell me why nearly every single presidential candidate in history has attempted to paint themselves as coming from an impoverished background (cf., Abraham Lincoln, William Henry Harrison) instead of a wealthy person.

      The whole secularism and tolerance thing has been around only since the early 70s.

      You must have fallen asleep during U.S. History.

      You can't really have a true open and transparent democracy when such a huge percentage believe in a Monarchical Autocratic universe.

      Why not? Democracy is government by the people: even if many do believe in a higher power governing the universe, that doesn't mean they can't effectively govern themselves.

      The last 8 years, the US presidency has boiled down to "Jesus wants me to be president."

      Such cynicism. How many people vote for someone based on what their pastor/minister/imam/rabbi/etc. says? If I vote the same way as most of my congregation, it's because we share similar views (birds of a feather flock together!).

      Besides, ask yourself how many people follow basic tenets of their religion. So many people are essentially non-practicing: less than half the U.S. population attend religious services weekly (or more frequently). Indeed, even among those whose faiths impel them to vote a certain candidate, the votes are roughly split 50-50.

      Granted, Americans are more religious than people in most countries in the world, but that doesn't mean that we don't believe in religious freedom. In fact, it's probably our commitment to religious freedom that makes us so religious.

  37. What happened to the Lady Ms. Thomas? by Anonymous Coward · · Score: 0

    I cant seem to find out what finally happened after the verdict -- did she (Thomas) have to pay up the $222,000.00 ? How does the collection work? Does the RIAA collect money immediately from the defendant? or do they end up paying over a period of years in installments?

    1. Re:What happened to the Lady Ms. Thomas? by NewYorkCountryLawyer · · Score: 2, Interesting

      I cant seem to find out what finally happened after the verdict -- did she (Thomas) have to pay up the $222,000.00 ?

      Nothing happened with it. It was set aside. A new trial is scheduled for March 9th.

      --
      Ray Beckerman +5 Insightful
    2. Re:What happened to the Lady Ms. Thomas? by RobBebop · · Score: 2, Interesting

      Ray,

      In another part of this thread it was (humorously, perhaps?) suggested to make an audiobook of these transcripts.

      I took this suggestion seriously and elevated it to a platform which it would be more appropriate for here. This site hosts audiobooks that are read of public domain manuscripts and released into the world. If support is gathered through the discussion to the "suggestion" that I posted, it would be a matter of time before we could do a proper production of the Recording Industry versus Jammie Thomas in audio format.

      Could you comment on the potential legality of such an effort and reaffirm that the transcripts truly are "Public Domain"? Could you additionally answer the question of whether you'd think it would be a worthwhile effort? Would you imagine it being able to grip a target audience and hold their attention? Perhaps an abridged version would be better to exclude parts that are overly dry and boring? Is this case truly historical enough to be preserved in an audiobook fashion? Any thoughts or suggestions would be greatly appreciated since you are much closer to the Jammie Thomas case than the casual /. reader.

      Best regards,

      Rob

      --
      Support the 30 Hour Work Week!!!
    3. Re:What happened to the Lady Ms. Thomas? by NewYorkCountryLawyer · · Score: 2, Interesting

      No I wouldn't 'comment on the legality', for to do so would be like giving legal advice. I can say that I published it without express permission from the U.S. government or from the Court Reporter or anyone else. Nor can I predict how history will view the trial. I can only say that (a) the transcript itself, and (b) a vetting of the MediaSentry, Jacobson, Best Buy, and Thomas testimony by the tech community will be enormously useful to all of us who are representing other victims of the RIAA's campaign.

      --
      Ray Beckerman +5 Insightful
  38. This case... by Anonymous Coward · · Score: 0

    ... is why i download music. To punish those who deserve it, for once.

  39. Re:the "copyright infringement is stealing" argume by MorePower · · Score: 2, Funny

    I don't go to theaters much anymore, but I've promised myself that if I ever do see one of these commercials I'm going to loudly sing "Yo Ho! Yo Ho! A pirate's life for me!" which is both on-topic and as a public performance is a copyright violation in and of itself.

  40. MAC address by GeorgeS · · Score: 2, Informative

    I'm hardly an expert but, I have been reading the pdf's a bit from the beginning and so far one glaring problem I see is that the MAC address referred to in the opening statements was the MAC of the cable modem and nobody had the MAC address of the actual computer.
    I shall keep reading now. I suggest anyone that may be sharing copyrighted material also read it. The more you know the better off you will be if the RIAA ever comes knocking on your door.

    Thanks again Ray! great stuff!

    --
    "I'd rather have a bottle in front of me than have to have a frontal lobotomy."
    1. Re:MAC address by slimjim8094 · · Score: 1

      Of course. Why would it be otherwise?

      On the other hand, one of the big criticisms of the RIAA cases (and a good reason to secure your wifi) is the fact that it's irrelevant to them who actually committed the infringement. They just get the guy paying for the 'net access.

      So you can cost somebody >$4000 by hopping on their WiFi and torrenting a few songs. Sucks.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  41. UM they havent stopped suing buddy by Anonymous Coward · · Score: 0

    In fact they LIED about that and after sayign they would , sued over 20 people i have seen in apartial list .NOTE partial list showing 20 people.

  42. I second the motion. by Jane+Q.+Public · · Score: 3, Insightful

    We should all take some time once in a while to thank NYCL and people like him for putting up the good fight and making this kind of information -- which is absolutely crucial to free markets and free people -- available to us all.

    I am also going to take a little time this holiday season to go donate a few bucks to the Electronic Frontier Foundation (eff.org) and the Electronic Privacy Information Center (epic.org).

    Please help support all of these people, without whom we would all be royally screwed by now.

    1. Re:I second the motion. by Sneffets · · Score: 1

      Great idea...thanks for bringing it up...I went and gave money to both of them, god help us all if organizations like this didn't exist...THANK YOU.

  43. Re:the "copyright infringement is stealing" argume by Daengbo · · Score: 2, Informative

    Here in Korea, they go one step beyond that. "Loaning a disk to a friend is stealing." People at work probably think I'm stealing since I install my own OS and Free software.

    I also download music at work. Shock! It's legal because it's CC'ed (Jamendo). When I tried to help a coworker out with some teaching material, she said she needed a license for it. I tried to point out the author's license allowed non-commercial use, but she refused to believe it.

    They have these giant publicity campaigns but don't bother to mention "may or may not be illegal depending on the license." It's all just illegal to them. The "re-education" is working, too.

  44. Audio Book Format by mdmkolbe · · Score: 3, Funny

    Would anyone care to make an audio book out of this?

    I'm curious about the content (I like learning how things work), but don't want to wade through that many pages. On the other hand, if I could listen to it in the background while I'm doing something else ...

    1. Re:Audio Book Format by dropadrop · · Score: 1

      Would anyone care to make an audio book out of this?

      I'm curious about the content (I like learning how things work), but don't want to wade through that many pages. On the other hand, if I could listen to it in the background while I'm doing something else ...

      I think I have a text to audio app somewhere, maby I can feed the text to it... :)

    2. Re:Audio Book Format by Anonymous Coward · · Score: 0

      I'll do it. Usually I charge 15 EUR per hour, including edits and mistakes, but this is a good cause, so I'll make it 14. You have to provide the recording equipment.

    3. Re:Audio Book Format by nacturation · · Score: 1

      Sure, James Earl Jones is planning to stop by my place tomorrow for coffee. I'm not going to let him leave until he performs all 643 pages in a Darth Vader voice.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    4. Re:Audio Book Format by RobBebop · · Score: 1

      There's a great site: LibriVox.org

      They do audio books of public domain works. Many older "classic" fiction stories are there, but if you wade deep enough you'll find historically relevant documents like the Magna Carta and the Declaration of Independence. This *may* fit their definition of appropriate content and their volunteers (you can be one too!) might take up the charge of recording the manuscript in audio format.

      --
      Support the 30 Hour Work Week!!!
    5. Re:Audio Book Format by RobBebop · · Score: 1

      I've added "The Recording Industry versus Jammie Thomas" as a suggestion of LibriVox.org. See here to discuss or volunteer.

      --
      Support the 30 Hour Work Week!!!
    6. Re:Audio Book Format by powerlord · · Score: 1

      Interesting.

      Perhaps we can split it up? Figure out all the parts, and then have a bunch of "talent" record it as an audio drama. :)

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    7. Re:Audio Book Format by RobBebop · · Score: 1

      Some thought would need to go into planning and such. I'd invite you to express interest by posting into the LibriVox forum.

      --
      Support the 30 Hour Work Week!!!
    8. Re:Audio Book Format by hob42 · · Score: 1

      Maybe you could get a Nigerian scammer to record it for you, like this guy did for HHGTTG.

      -Jupo

  45. When presented with by SupremoMan · · Score: 1

    When presented with the value of 9k+ per song, how would the judge phrase the question "Are you retarded?" in a way that's both inoffensive and not degrading to the people with diminished mental capacity? (They might take offense at being likened to lawyers)

    1. Re:When presented with by JSBiff · · Score: 1

      Since I don't have time to read a book-size legal document, can someone explain to me - was the RIAA asking for that money for just having illegal copies of those tracks, or was that 'valuation' based on the premise that the user was giving illegal copies to other users through some sort of file-sharing app, so that the large fee is based on giving away x number of copies of each track?

      I could, *maybe*, see an almost valid argument that if someone gave away 9k+ copies of each song, having damages in that amount.

      However, I also think the RIAA is sort of short sighted about this filesharing thing, because I suspect a lot of people just use filesharing like they used to use radio - as a way to find new music, which, if they like the music, they may often go and purchase it later. Sure, some people will never pay, but I, for one, and most of my friends, actually want to support the musicians we like, so they will keep making more good music. The thing is, you want to listen to a track once or twice before paying for it, to decide if it's 'worth it'.

  46. ok, an empty truck by cheekyboy · · Score: 1

    You can still make 3.5 trucks of gold, it just doesnt have to be drivable or as solid. Its engine could be smaller, and its frame could be thinner.

    Ofcourse theres no glass windows, or wheels, so you can still if you tried build a truck thats shapped the same, but thinner out of gold, not drivable, but looks like it. Its not hard to make thin sheets of gold, but it might bend, so its not practical.

    But the guys point was, equal to the weight of 3.5 trucks.

    --
    Liberty freedom are no1, not dicks in suits.
  47. Re:She is a dumbass by DamnStupidElf · · Score: 2, Interesting

    Honestly, it's like fining someone $10,000 for jaywalking or a speeding ticket because they say it isn't wrong, Totally cruel and unusual.

  48. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    Personally I like the ones at the beginning of a DVD.

    Or as my gf said 'so let me get this straight I bought a DVD, *PAID FOR IT*, then they yell at me for stealing their 10 dollar crappy movie?'

    'yes they do'
    'what dorks'

  49. Thank NYCL? by Anonymous Coward · · Score: 2, Insightful

    I don't thank NYCL, I worship him!

    Praise to NYCL and the Virgin Thomas!

    1. Re:Thank NYCL? by troll8901 · · Score: 1

      New York Country Lawyer! New York Country Lawyer!

      (Next, excited cheerleaders run out and lift Mr Beckerman into the air.)

  50. Re:She is a dumbass by Atlantis-Rising · · Score: 1

    Where I live, it's already possible to get a $10,000 speeding ticket.

    --
    "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
  51. Re:the "copyright infringement is stealing" argume by atraintocry · · Score: 1

    Here in the US, our Supreme Court said in 1985 that unlawful copies are not the same as stolen goods.

    http://en.wikipedia.org/wiki/Dowling_v._United_States_(1985)

    It's possible that your Supreme Court feels the same way (then again, perhaps they don't, or haven't addressed it directly, or maybe precedent is different where you are). If that's the case then it'd be easy to point out to people why the recording industry is lying.

  52. Re:the "copyright infringement is stealing" argume by mgiuca · · Score: 2, Insightful

    The worst is when I pay for a DVD and am forced to watch this shit. I'm talking about the 1-minute "piracy is stealing" commercials which play at the start of the disc, and cannot be skipped due to DRM.

    It is offensive to me, to think that I have paid good money for this, only to be forced to listen to this shit every time I watch my movie. The pirated discs don't have this defect.

  53. Re:She is a dumbass by networkBoy · · Score: 1

    which county in california do you live in? I'm in Sac.

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  54. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    Me and a handful of people from work went to see the Transformers movie at the O2 dome in Grenwich when it came out, we all pirate movies, we all go to the cinema for things which are worth the "experience".

    All of the adverts for upcoming movies are for ones we'd already downloaded and watched, all of them were utterly crap, it was a kinda recurring joke that the advert would come up, we'd all proclaim it's crap we've seen it already it isn't worth watching, then it'd show a release date as some time in the future and we'd all burst out laughing.

    And no it wasn't just us, there was a general murmor going on along the same lines.

  55. So steal 50billion equals $20m fine? by cheekyboy · · Score: 1

    Gee, that Madoff dude sure is got of lightly, otherwise his fine would be 5000 trillion dollars.

    There are rumors btw, that he didnt loose 50billion, but moved it to Israel where his clients can access it again, tax free, while claiming massive tax losses for the 'supposed' loss in NY.

    So tell me, is the legal system fair or valid ? If the law is not just, its not a law as someone once said.

    Banks legally steal money every day via interest charges/spread differences between their borrowings and their lendings.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:So steal 50billion equals $20m fine? by Atlantis-Rising · · Score: 1

      How, exactly, are the banks 'stealing' money that way?

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
  56. Re:She is a dumbass by shentino · · Score: 1

    Homer: "Drunken hicks of the jury"

    (cut to chain-gang scene)

  57. REFUND by Anonymous Coward · · Score: 1, Funny

    I'd like to return all of my music for refunds at the riaa's going rate!

  58. Re:She is a dumbass by Kharny · · Score: 1

    In finland it is possible, largest yet is just over 100k euro.

    http://news.bbc.co.uk/1/hi/business/3477285.stm

    --
    Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
  59. Re:the "copyright infringement is stealing" argume by sFurbo · · Score: 1

    Hah, you're the lucky one. In Denmark, we had commercials before the movies featuring film stars in shops, that, when they heard that the employees "made a copy of a film, to their friends" took 3-5 of the items they had just bought, "just a copy, for their friends".

    Man, I nearly walked out of the cinema. Luckily they stopped them soon after.

  60. Re:She is a dumbass by umeboshi · · Score: 1

    You forget that anybody who breaks the law in the United States does so willingly. There is no such thing as "accidentally" breaking the law. All people living in the United States have the responsibility to know and understand the law.

  61. Re:the "copyright infringement is stealing" argume by CmdrGravy · · Score: 1

    In the UK we are also subject to adverts featuring "Knock Off Nigel" who lives in some sort of alternative world where his co-workers dress in ridiculous clothes, appear to spend their time gadding about the office like big gay workshy drama queens singing, and "ridicule" Nigel for offering them copies of movies.

    Obviously back in the real world anyone behaving like Nigels would be detractors would be laughed out of the office down to the bike sheds where they'd be given a damn good thrashing.

  62. Re:the "copyright infringement is stealing" argume by jimicus · · Score: 1
  63. Re:the "copyright infringement is stealing" argume by Thwomp · · Score: 1

    We get these adverts in the UK too. You always get some joker in the audience shouting "I would if I could f**king download it" when the advert proclaims "You wouldn't steal a car, why steal music".

  64. Any thoughts about technical testimony? by NewYorkCountryLawyer · · Score: 3, Interesting

    Has anybody been reading the testimony of the RIAA's investigator and of its expert witness? It would be interesting to get some discussion of that going on here, like the one that's started on my blog.

    --
    Ray Beckerman +5 Insightful
    1. Re:Any thoughts about technical testimony? by pipboy9999 · · Score: 1

      Does any one have any insight on the legality of using the file sharing network itself to catch the "offenders"

      To me it seems like a type of entrapment, which is not a valid way for law enforcement to gather evidence. I realize that the user did put the file out there in a share folder, but there is no evidence of distributing except to MediaSentry, who then informs their client of the offense.

      perhaps my real question here is, how can the RIAA grant selected immunity to MediaSentry to "pirate" their product? Also, how can the file downloaded by MediaSentry be considered an illegal share if permission was granted to them to gather it by any means?

      --
      Yeah, I've got nothing...
  65. Re:the "copyright infringement is stealing" argume by Drakkenmensch · · Score: 1

    Only one man can save us from the tidal wave of piracy... Bring back MC Double Def DP!!! http://en.wikipedia.org/wiki/Don't_copy_that_floppy

  66. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    I shout siege heil

  67. Re:the "copyright infringement is stealing" argume by mixmatch · · Score: 1

    I agree with you and rarely go to the theaters or even know a movie is out until it's available on dvdrip... I mean DVD.

  68. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    Copyright infringement isn't Piracy. Piracy is a legal term defined in the United Nations Convention on the Law of the Sea (UNCLOS), Article 101. See http://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm for what Piracy actually means. You'd be surprised how many so called "educated" people get it so wrong.

  69. This is why i boycott buying CDs linked to RIAA by Theoboley · · Score: 0

    from TFA:

    " Although we use radio as a tool to promote the sale of albums, when a song is played on the radio, record companies make absolutely nothing. When the artists tour, we make absolutely nothing. When artists sell T-shirts or posters or pens, when they perform in videos or in movies, we make nothing. "

    I support small named artists on labels that aren't money grubbing bastards. This is also why when i go to a concert, i buy the band's wares and spend a good lot of money there. I support the band, not the company behind the scenes rubbing their grubby little paws together as they make 95% of the money on a CD sale, while the artist gets crap from it.

    --
    Stupidity only gets you so far, then you've gotta try
  70. Re:the "copyright infringement is stealing" argume by cgfsd · · Score: 1

    We should come up with some kind of unified cheer, like: "Arrrrg me maties, dam the torpedoes, full speed ahead"

    And whenever we see the advertisement, everyone in the theater shout out in unison, letting everyone know our great disdain.

  71. I think this is a troll, sort of by Kupfernigk · · Score: 1
    I don't know why anybody would, but the standard of literacy of this post, and what purports to be a further post below, is way below what I would expect of an English barrister (and yes, my family is infested with lawyers, thank you.) Despite the claim to represent "important corporate" clients (below) I don't think so.

    However, the attitude that a corporation having to settle out of court can avoid humiliation with a gag order is not unknown at the English bar. Out of court settlements between corporations are one thing, those in which an overbearing corporation takes on a small defendant and then discovers that the case will be lost in an embarrassing and humiliating way should, if anything, be extensively publicised.

    My suspicion is, and I am sorry if this comes over as somewhat prejudiced, that the decline in the standards of the Bar is partly due to the admission of people with different, less democratic traditions than our own, and that the standards of law in England and Wales have been suffering as a result. I suspect that the parent is one of these people.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:I think this is a troll, sort of by NewYorkCountryLawyer · · Score: 1

      I'm pretty certain it was a troll. Like a jerk I fell for the first one. But his followup set off unmistakable signals that he was no English barrister.

      --
      Ray Beckerman +5 Insightful
    2. Re:I think this is a troll, sort of by sukotto · · Score: 1

      I'm replying here since I know you'll probably get an email alert.

      Please provide this kind of stuff in text or xhtml format excepting for the rare case where absolute positioning of elements is required.

      I find pdf format really annoying to deal with since it's hard to manipulate/search/sort/etc using standard tools.

      Thanks.

      S

      --
      Come play free flash games on Kongregate!
    3. Re:I think this is a troll, sort of by NewYorkCountryLawyer · · Score: 2, Interesting

      I'm replying here since I know you'll probably get an email alert. Please provide this kind of stuff in text or xhtml format excepting for the rare case where absolute positioning of elements is required. I find pdf format really annoying to deal with since it's hard to manipulate/search/sort/etc using standard tools. Thanks. S

      Sorry. It was the decision of the federal court system, not my decision, to adopt *pdf as the format.

      --
      Ray Beckerman +5 Insightful
    4. Re:I think this is a troll, sort of by sukotto · · Score: 1

      Oh, that's too bad :-(
      (What were they thinking? sheesh!)
      Thanks anyway.

      S

      --
      Come play free flash games on Kongregate!
    5. Re:I think this is a troll, sort of by NewYorkCountryLawyer · · Score: 1

      Oh, that's too bad :-( (What were they thinking? sheesh!)

      My sentiments exactly.

      The only good news I can relate is that PJ at Groklaw sometimes puts in the time to convert some of the more important documents to readable HTML; maybe she'll do it with this.

      --
      Ray Beckerman +5 Insightful
  72. Re:the "copyright infringement is stealing" argume by MemoryDragon · · Score: 1

    Well piracy is worse than stealing, imagine some guys jumping on the ship killing the crew or dropping it overboard and then taking the entire shipload away....

    Oh well the problem is the definition of piracy is applied wrongly here!

  73. Re:the "copyright infringement is stealing" argume by MemoryDragon · · Score: 1

    Well for me this shit in the cinemas was enough to cut down my movie going expirience from once a week down to once a year within a year. It was almost enough to sit through 20 minutes of commercials, but this thing basically was the last drop of water which hit the bucket before it became overflooded!

  74. Re:She is a dumbass by Atlantis-Rising · · Score: 1

    Willingly and willfully are not the same thing, but assuming you meant 'willfully' in the first sentence, that's not entirely true.

    Mens rea, or the guilty mind (guilty intent) is a key element of the criminal law. There are some crimes for which a guilty mind is not necessary (parking and speeding tickets, for example, some regulatory offenses, whatever) but in the case of most criminal offenses, without intent you cannot be guilty.

    Now, that is intent to commit the offense proscribed by law. The fact that you might be ignorant of the law is no excuse, although it can be a mitigating factor.

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

    p115, line 23:

    "MR. GABRIEL: Your Exhibit, Honor 5 is a set of"

    Heh.

  76. Here's a great tidbit... by xandroid · · Score: 1

    "If we had sued on every one of the files in Ms. Thomas's share directory, the damages would be astronomical; and we have no interest in pursuing cases like that." --Jennifer Pariser, head of litigation and antipiracy for Sony BMG Music Entertainment

    --
    $ echo "ceci n'est pas une pipe" | sed -Ee 's/(eci n|pas )//g'
  77. Re:She is a dumbass by db10 · · Score: 1

    Fine.. fine.

  78. inflation by conspirator57 · · Score: 1

    Don't worry, the Fed's on it already, and congress is helping. There's 75%+ more virtual greenbacks floating around the economy than there were in July. Oh, that's right, you were joking. Too bad you got the strategy right, inflation's a hell of a regressive tax.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
  79. fortunately, by conspirator57 · · Score: 1

    The U.S. isn't a signatory to that treaty yet. We can live in our own little relativist linguist paradise where the RIAA links more loaded words to disproportionately stigmatize copyright infringers. Ah, I'd love to see us return to the sanity of the founders where copyright was like 12 years flat, not 70 years after the death of the author. I never did understand how a dead person profits from a monopoly. This isn't ancient Egypt ffs.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
  80. companies are just individual people... (legally) by conspirator57 · · Score: 1

    and it all stems from a nasty little late 1800s supreme court case that establishes personhood for corporations independent from their owners. Wikipedia got this one mostly right: http://en.wikipedia.org/wiki/Corporate_personhood

    One of many problems is that there is no way for a company to suffer negative repercussions for its actions. The abstract company cannot serve jail time if its products say spontaneously combust and kill a real person. And the supreme court case largely shields the corporate officers from facing the repercussions of their actions directing the company. It's a farce of justice.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
  81. Seriously by Binder · · Score: 1

    Anyone have a torrent link for this?

  82. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    Simply rip the disk, cut those annoying fragments out, recode and burn to a blank DVD. Voila! A usable version of your legally bought movie.

    Think of it as a process analogous to that which is needed to run your legally purchased games: Install game, download crack, install crack, play.
    see this

  83. Re:the "copyright infringement is stealing" argume by Anonymous Coward · · Score: 0

    Nice explaination that is, but the real kicker in this case is:
    The lawyer for defendant this "Toder", his practise area is "Maritime Law" (it would be :-) it it isn't actually :-/ what happened back then those 3 days in Duluth. "Manifest error of law")

    He even is certified as a "as a Proctor in Admiralty by the Maritime Law Association of the United States." (what ever that is)
    http://www.chestnutcambronne.com/att_toder.html

    Maybe he thought that Thomas' was accused of *piracy* and that's why he did such a lousy job in defending his client! (for example that he hadn't object to the introduction of all those doctored exhibits printouts as evidence!)

  84. Re:She is a dumbass by tehcyder · · Score: 1

    Honestly, it's like fining someone $10,000 for jaywalking or a speeding ticket because they say it isn't wrong, Totally cruel and unusual.

    But amusing, nonetheless.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  85. Re:the "copyright infringement is stealing" argume by tehcyder · · Score: 1

    Uh, no. Not only are pirated movies not stolen, but buying black market goods is not stealing either. Sure, it might be illegal, and sure, the cops can confiscate it w/ out compensation, but last I checked it's not stealing.

    So it's not a problem that it may be illegal and/or immoral, just as long as it's not called "stealing"?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  86. Song of the Piracy Apologist by Anonymous Coward · · Score: 0
    If you agree with any of this, feel free to repost it in the future.

    Song of the Piracy Apologist:

    (1) I don't personally believe in copying CDs illegally-- but I think we should avoid using unkind words like "piracy" to describe those that do -- instead, we should describe it as an "infringement", much like a parking infringement.

    (2) I don't believe in the record companies emotively abusing the word "theft," but I do believe in emotively abusing words like "information," "sharing," and "Copyright Enforcement Militia."

    (3) I believe that piracy is driven by "overpriced CDs" even though CDs have dropped in price over the years.

    (4) I believe that piracy is driven by overly long copyright duration, even though most pirated works are recent releases.

    (5) I believe that illegitimately downloading music is giving the author "free advertising". I don't buy any of the music I download, of course--but lots of other people probably do.

    (6) I believe that ripping off the artists is wrong. The record companies always rip off the artists. Artists support P2P, except the ones that don't (like Metallica), and they don't agree with me, hence they're greedy or their opinion doesn't count or something.

    (7) I believe that selling CDs is not a business model, but giving away things for free on the internet is.

    (8) I believe that artists should be compensated for their work -- preferably by someone else. I mean, they can sell concert tickets (which someone else can buy) or sell t-shirts (to someone else) or something. As long as someone else subsidizes my free ride, I'm coooooool with it.

    (9) I believe in capitalism but only support music business models which involve giving away the fruits of ones labor for free.

    (10) I believe that copying someone elses music, and redistributing it to my 1,000,000 "best friends" on the internet is sharing. Music is made for sharing. It's my right.

    (11) I believe that record companies cracking down on piracy is "greed", but a mob demanding free entertainment is not.

    (12) I believe that it's not really "piracy" unless you charge money for it, because, receiving money is wrong, but taking a free ride is fine.

    (13) I believe that disallowing copying and redistributing music over Napster is the same as humming my favourite song in public. Because when I hum my favourite song in public, everyone likes it so much that they run home, get out their tape recorders and once they've got a recording of it, they aren't interested in hearing the original any more.

    (14) I believe that when illegal behavior destroys a business, it's "free enterprise at work".

    (15) I believe piracy is simply "free advertising." Even though that's what radio is, but with the legal permission of the copyright holder. Basically, what I really want is to be able to choose the songs I want, listen to them whenever I want, but I don't want to have to pay for it. Essentially, I want the whole thing for free with no strings attached.

    (16) I believe artists "deserve their money" only in cases in which the RIAA is the bad guy. But in piracy situations, I'm fully justified in ripping them off.

    What I find amusing is that the pirates seem unable or unwilling to distinguish between creative activity and brainless copying.

    Since a lot of the people here are GPL/OSS advocates: The "OSS way" applied to this domain is to learn how to play an instrument. Or how to sing or whatever. Then get together with a bunch of other people who can also play music, and make some noise.

    One of the unfortunate things that has happened to the OSS movement is that a lot of the loudmouth advocates for it don't understand what it's really about. They view it primarily as a means to get free stuff, and then they turn their eyes from the free stuff to the non-free stuff and think to themselves "Maybe I'm entitled to get that one for free, too". The noble ideals of grass roots participation in t