Slashdot Mirror


RIAA Hearing Next Week Will Be Televised

NewYorkCountryLawyer writes "One commentator labels it 'another fly in the RIAA's ointment.' In SONY BMG Music v. Tenenbaum, the Boston, Massachusetts, RIAA case in which the defendant is represented by Harvard law professor Charles Nesson and a group of his students, the Judge has ruled that the hearing scheduled for January 22nd will be televised over the Internet. The hearing will relate to Mr. Tenenbaum's counterclaims against the record companies and against the RIAA. In her 11-page opinion (PDF), District Judge Nancy Gertner labeled as 'curious' the record companies' opposition to televising the proceedings, since their professed reason for bringing the cases is deterrence, 'a strategy [which] effectively relies on the publicity arising from this litigation'."

65 of 291 comments (clear)

  1. Haa haa! by Wandering+Wombat · · Score: 2, Funny

    Justice on dowels.

    --
    I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
  2. Sweet Jesus! by pak9rabid · · Score: 4, Funny

    This outta be more entertaining then all seasons of Heroes combined!

    1. Re:Sweet Jesus! by oodaloop · · Score: 4, Funny

      You can not verbify grammar-Nazi (notice the capitalization). It is grammar-Nazicate.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    2. Re:Sweet Jesus! by Q-Hack! · · Score: 2, Funny

      Eh... Its all just smurfy.

      --
      Some days I get the sinking feeling Orwell was an optimist.
    3. Re:Sweet Jesus! by Morth · · Score: 2, Informative

      You would actually get that effect by running just slower than the speed of light. For them, only a short while would go by, while it will be years for the rest of the world. There's still the question of in what location they were while running though, and why nobody noticed them.

      Of course, you can't really go back in time by running faster than light. It's simply not possible to move FTL, since it would require an infinite amount of energy to accelerate.

      Disclaimer: this is all based on what I remember of high school physics

  3. Terminology by corywingerter · · Score: 4, Insightful

    televised over the internet??

    Either it's televised on the television, or streamed on the internet. Just saying.

    --
    Work smarter, not harder.
    1. Re:Terminology by zarthrag · · Score: 4, Insightful

      Using my media-center, the internet is my television! ...Insensitive clod.

      --
      Why can't all fpga/microcontroller manufacturers just release free optimizing compilers???
    2. Re:Terminology by Ogive17 · · Score: 2, Insightful

      Be nice to NYCL - he's fighting the good fight :)

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    3. Re:Terminology by tsalmark · · Score: 5, Informative

      Televised means remote vision: that can happen over the internet as well as a TV. Actually the article uses televised in a general sense and uses the term narrowcast when going into details. which works for me.

    4. Re:Terminology by Krinsath · · Score: 5, Informative

      Television (from Merriam-Webster) - an electronic system of transmitting transient images of fixed or moving objects together with sound over a wire or through space by apparatus that converts light and sound into electrical waves and reconverts them into visible light rays and audible sound (emphasis mine)

      televised over the internet - means that the television is going out over the Internet to computer endpoints. That the television SET is often abbreviated as television is simply laziness and a bastardization of the language, not that the usage in the summary is incorrect.

    5. Re:Terminology by Anonymous Coward · · Score: 2, Funny

      tl;dr

    6. Re:Terminology by SBrach · · Score: 2, Funny

      Hey, you got your TVs in my Internets.

    7. Re:Terminology by Anonymous Coward · · Score: 2, Insightful

      tl;dr? it was barely a couple of paragraphs, you must have a short attenti

    8. Re:Terminology by DanTheStone · · Score: 5, Insightful

      Not theft, unauthorized copying. There's a difference; the cost to the owner is by decreased scarcity or potentially lost revenue, not by the loss of possession of an item with value. You can't steal thoughts and ideas, you can only copy them.

    9. Re:Terminology by nine-times · · Score: 4, Interesting

      Well first, even if you take the RIAA's side fully, a reasonable person would admit that it's copyright infringement, and not "theft". You can argue that copyright infringement is as bad as theft, but it's not theft.

      Second, the complaint isn't that they're trying to fight copyright infringement, but rather their methods of fighting copyright infringement. Surely methods and means can matter. I can fight against injustice using methods that are themselves unjust.

      Can we agree to that much, at least? At least as a starting point to discuss exactly how immoral copyright infringement is, and whether the RIAA's methods are just or unjust?

    10. Re:Terminology by Dark+Kenshin · · Score: 3, Interesting


      It might be just my crack-pot theory, so take it with a grain of salt...

      I would thing the main reason to want the hearings televised goes to how there scare tactics work. Sinister motives or not, reading articles and watching video have very different impacts on how people perceive the information. I can write a ton of articles saying pirates are thieves, copying music makes baby Jesus cry, you'll get a life sentence for not paying every time you listen to a song, etc; but the actual court preceding will be very different. Even if they make those exact claims, it will not be in the same tone as attack media will be.

      Real court proceedings are very dry, and will not support the fear image that they want. Plus it will be clear that they are suing for copyright violation and not theft. I'm sure there are various other concerns too.

      --
      "I only know 2 things: The love for me, and the fear of me."
    11. Re:Terminology by Cheapy · · Score: 3, Funny

      The RIAA is the Enclave? My god it's all so clear now.

      --
      Would you kindly mod me +1 insightful?
    12. Re:Terminology by ChromaticDragon · · Score: 4, Insightful

      I dunno... I'll hazard a guess.

      The "scare tactics" of the RIAA are about more than just fear. It's about FUD: Fear; Uncertainty; Doubt.

      By televised court proceedings, you may increase the Fear aspect (assuming they actually have a strong case), but you may significantly reduce your portion of Uncertainty and Doubt.

      I imagine the industry wants very much to perpetuate the concept that Copyright Infringement equals theft. One doesn't even need to get into the debate of whether it is "as bad as" theft. All the RIAA/MPAA publicity efforts seem simply to hinge on the equivalence (I mean.. you wouldn't steal a car would you? huh WOULD YOU?)

      The trouble is the Industry seems scared too. Although they seem to have been easily able to purchase legislation to their hearts content, they probably realize laws on the books won't matter a bit if the larger society as a whole shifts in their view of said laws. First, they won't get enforced. Second, eventually even if the laws don't get overturned, sooner or later Jury Nullification will take over. Or we might start seeing damages scaled way, WAY back to realistic levels.

      Public perception of these folk may be souring greatly. These things can shift rather quickly. I believe this is what they fear.

    13. Re:Terminology by edittard · · Score: 5, Funny

      I wonder, honestly, why does the RIAA oppose this being televised?

      They've got a plan to sell it on DVD?

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    14. Re:Terminology by NewYorkCountryLawyer · · Score: 4, Insightful

      I wonder, honestly, why does the RIAA oppose this being televised?

      That's easy.

      Exposure of these proceedings gives information to those who must defend future cases, thus reducing their defense costs.

      --
      Ray Beckerman +5 Insightful
    15. Re:Terminology by mpeskett · · Score: 5, Interesting

      No. Stealing the product of their labour would involve nicking the master copy they made, or possibly shoplifting a CD (although then you're stealing from the shop rather than the artist). An infringing copy removes nothing from their possession except the money that you might or might not have spent on a legal copy.

      Both are illegal, but they aren't the same thing, and really the only reason to persist in not splitting that hair is if you have some motive for "copyright infringement" to be considered exactly equal to "theft". The most obvious motive being that theft sounds more serious and so people are less likely to choose to do it if they think of it in those terms.

      Thankfully we are not undergoing a transition to Newspeak, so there is no need to eliminate terms from our vocabulary. There is a distinction between the 2 things and no reason to lump them together under one word, so please stop trying to do so.

    16. Re:Terminology by IndustrialComplex · · Score: 2, Interesting

      televised over the internet??

      Either it's televised on the television, or streamed on the internet. Just saying.

      Well if you go to the roots of the word television and televised, if the goal is to allow you to view it from a distance, televised seems more appropriate than streamed (which could refer to audio, water, video, tickertape)

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    17. Re:Terminology by nine-times · · Score: 2, Informative

      Consider if you had spent a year creating a great program, perhaps something to make web browsing impervious to spybots. Then at the end of the year your employer shows you the door, and never pays you, but instead distributes your program for free over the net... It's called theft of labor.

      It's called "theft of labor" because, in your example, we're assuming that the employer and the developer had some form of agreement that the employer later violated. Theft of labor, as far as I know, is used to describe situations where a person is deceived (or possibly forced) into doing work.

      Therefore, if a musician records a work of his own accord, and without having entered into any agreement with that musician or deceiving him in any way, I copy his songs, then it's not called "theft of labor". It's called "copyright infringement".

      Or, at least, it's called "copyright infringement" if the work has been copyrighted, I don't have any license to copy it, I am not exercising fair use, and the work has not been released to public domain. Otherwise, it's just legal copying.

      I'm not saying that copyright infringement is right. I don't infringe on others' copyrights, and I don't condone others doing so. It just happens that the crime of copyright infringement is a different crime than theft.

    18. Re:Terminology by nine-times · · Score: 3, Insightful

      Well, no, I'd disagree there. After all, that's the real battleground here, isn't it?

      I suppose it's the battleground, in that some people are specifically trying to tie the two together. There's a specific PR campaign to change terminology so that it will change people's perception.

      However, when they began this campaign, they were basically starting from zero. I don't think most people started out thinking of copying files as a crime, but certain powers have really fought to have it labelled as "piracy" and "theft".

      Even though they've made some headway, ask most people, "Is downloading a song from the internet the same thing as breaking into someone's house and stealing a CD?" I don't think many people will say "yes" unless they have some sort of political stake in pushing that PR.

    19. Re:Terminology by commodore64_love · · Score: 2, Insightful

      Strawman argument. It's a logical fallacy to insert words into my mouth that I never said.

      I think RIAA's actions are reprehensible, but I also think the same about people downloading songs without paying the employee who made the music. If you think something is good enough to burn to a CD-R and keep, then you OWE that employee some kind of payment for his labor. Otherwise you're no different from a boss who refuses to pay his workers.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  4. RIAA seeks $1 million for seven songs by Smidge207 · · Score: 5, Insightful

    One million for 7 songs?! How does something like that even get in to court? Can you imagine if I stole $6.93 (.99 x 7) worth of beef jerky from 7-11? Do you think the court would even hear a case where they wanted a million for my crime?

    This is the new business model of the recording industry, which is exactly like the old model. Overcharge your customers and when that doesn't work, overcharge and extort from your customers to make up for shortfalls you generated because you have a crappy product.

    There's only so much "drug money", oops CD purchases, the listening public will bestow on ungrateful addicts, oops recording artists...

    (Yes I'm bitter this morning; still need my meth, oops coffee.)

    =Smidge=

    --
    Is it just my observation, or is eldavojohn an idiot?
    1. Re:RIAA seeks $1 million for seven songs by Anonymous Coward · · Score: 5, Funny

      One million for 7 songs?! How does something like that even get in to court? Can you imagine if I stole $6.93 (.99 x 7) worth of beef jerky from 7-11? Do you think the court would even hear a case where they wanted a million for my crime?

      "Your Honor, the defendant could have cloned cattle by extracting DNA from the stolen beef jerky..."

    2. Re:RIAA seeks $1 million for seven songs by Animaether · · Score: 2, Insightful

      Although I absolutely agree with you on the ludicrous claim of $1M for 7 songs, I do think I should point this out...

      'The Slashdot Crowd' is always quick to point out that copyright infringement is -not- stealing. So I don't know why you're comparing stealing a beef jerky from a 7-11 to copyright infringement.

      I don't think this case is about distributing, just downloading, but in the typical cases it is about distributing.. so your analogy would have to be akin to going into a 7-11 store, copying their beef jerky, then distributing that for zilch to anybody who asks you for another copy of the 7-11 beef jerky. 7-11 still have their copy of the beef jerky to sell, so there's no harm done to them directly. Just because nobody's actually buying it anymore because they can get it from you for free doesn't magically make it stealing.

      Of course.. you can't copy a beef jerky.. the only way for you to be handing out beef jerky is to acquire it yourself - and I very highly doubt you'd be able to give it away for free with no money exhanged somewhere somehow.

      So 7x$2.49 or whatever those songs went for back in the day (this is a Napster case, right?) plus a monetary slap on the wrist, and call it a day. Though if I googled it right, it seems that Tenenbaum tried exactly that ($500) and the RIAA didn't take? *shrug*

    3. Re:RIAA seeks $1 million for seven songs by Steauengeglase · · Score: 4, Interesting

      CD purchases, the listening public will bestow on ungrateful addicts, oops record execs...

      Fixed. The real problems are/were record companies who were addicted to printing their own money and a market that thinks/thought that making 200%+ profit is/was piss poor performance. Fortunately, the recording industry is finally coming around to the notion that lawyers are only good for collecting sort-term, high-gain revenue, not suing grandma for her Dale Jr. poster.

    4. Re:RIAA seeks $1 million for seven songs by MozeeToby · · Score: 2, Interesting

      Strictly playing the devil's advocate here, but I propose a thought experiment:

      Imagine if you went to the Ford/GM Manufacturing plant, threw 55% the cost of a new car through the window and then stole one of the new cars on the lot. About 40% of the cost of a new vehicle is materials and labor, with another 10% paying for pensions and whatnot for employees, and about 2.5% profit (so they double their profit). The other 50% is engineering, transportation to the dealer, paying the dealer, etc, etc. So the car company doesn't lose out on anything, except the part that I pay for; in fact, they actually just doubled their profit. I suspect that they'd still be pretty pissed off.

      A lot of people on slashdot argue that downloading copyrighted material isn't theft, because you aren't denying the record companies the use of what you are accused of stealing. I understand the difference, the car company is selling a physical product, whereas music is much more intangible. But what happens if, in 100 years, we all have nono-assemblers in our garages? Should it be acceptible for me to download the plans to any car I want without paying for the engineering, advertising, and saftey testing?

      Again, I'm not saying that I'm on the record companies side, just posing a little thought experiment. I'm not trying to troll of flamebait, just looking for honest insight. If you feel the need to down-mod me, so be it.

    5. Re:RIAA seeks $1 million for seven songs by TheSpoom · · Score: 5, Insightful

      The real problem is that the RIAA don't have a product anymore.

      They used to control the means of recording. No longer, since the equipment necessary can be got for much, much cheaper than years ago.

      They used to control the means of reproduction, in that they could actually mass produce your tapes / CDs for you. No longer, since stamping a CD is incredibly cheap now.

      Just about the only thing they still control is radio, and even then that's being eaten into by the internet and things like Pandora and last.fm, which their lobbyists are desperately trying to kill.

      Without a real business model, they're scraping for ways to maintain the position of control they used to have, and litigation is a very good way of doing just that, since most people don't have the means to actually fight them.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    6. Re:RIAA seeks $1 million for seven songs by Jah-Wren+Ryel · · Score: 4, Funny

      Of course.. you can't copy a beef jerky.. the only way for you to be handing out beef jerky is to acquire it yourself - and I very highly doubt you'd be able to give it away for free with no money exhanged somewhere somehow.

      If I could download beef jerky from the internet, I would definitely give it away to anyone who asked for some.

      --
      When information is power, privacy is freedom.
    7. Re:RIAA seeks $1 million for seven songs by fishbowl · · Score: 2, Insightful

      >A lot of people on slashdot argue that downloading copyrighted material isn't theft

      That's because it isn't. For one thing, "legal and illegal" music downloading are both described by "downloading copyrighted material" so you need to be much more specific. For another thing, copyright protection is aimed at very different goals from laws concerning theft.

      Copyright law does a poor job at "punishing people who consume your work without paying you."

      What copyright law is good at, is punishing someone who has taken your work, claimed it as his own, and profiting. But in the situation the RIAA finds itself, this is rarely the case.

      You might want to argue that copyright law doesn't go far enough, but that's between you and your representatives.

      --
      -fb Everything not expressly forbidden is now mandatory.
    8. Re:RIAA seeks $1 million for seven songs by garett_spencley · · Score: 2, Interesting

      They never controlled reproduction, and to this day it's still WAY cheaper for the Big 5 to print CDs (massive bulk discounts) than the home musician. That's not to say that it's expensive, though. I printed 1,000 copies of my album in '06 and I'm far from rich.

      What the big 5 provided was distribution and promotion. THAT's where they're being hit today thanks to the Internet. I did my album as a fun project. A way to get songs that I had written over the last 5 years "out there", just for fun. Not expecting huge gains or anything. I spend absolutely ZERO time and money promoting it and yet I'm still selling copies from people who find me on last.fm or cdbaby etc. Not anywhere near enough to support myself on, but it's awesome that I'm slowly recouping my investment and not having to work at it.

      That's the real issue that I take with the RIAA. As someone who has a passive interest in economics, the RIAA's business model is the same fallacy that you see all over the place where people think that they can get something for nothing. Money is credit, credit is debt and debt is the promise of labour. If you don't produce something of value (labour when you come down to it) then people simply aren't willing to give you their labour in exchange for it. It's extremely simple but people are so caught up in our monetary system that they forget this. And thus they buy into the pipe dream that you can collect more labour for something than you put into it. There may be the odd case where people succeed at those schemes but in the long run the exchange of labour has to balance out or you have slavery.

    9. Re:RIAA seeks $1 million for seven songs by schon · · Score: 2, Insightful

      alternately you could use a better damages analogy and say "can you imagine if I stole 7 pieces of jerky, broke it into bits and sold all those bits to several million people at a price of $1.00 per person"

      Considering she never *sold* anything, how is that a better analogy?

    10. Re:RIAA seeks $1 million for seven songs by Lord+Pillage · · Score: 4, Funny

      What I'm wondering is why no one here has yet suggested that the person buys 7 pieces of beef jerky and then just eats them. I know that's what I'd do.

      --
      try { Signature mysig = new CleverAttempt(); } catch(NonCleverSignatureException e) { postanyway(); }
    11. Re:RIAA seeks $1 million for seven songs by srleffler · · Score: 3, Interesting

      The money=labour equation, while valuable, misses how investment works. There are two ways to make money: by labour or by taking on risk. If you buy something and resell it elsewhere at a higher price, some of that final price reflects the labour that went into producing the thing and in moving it from the seller to the subsequent buyer. Some of the price reflects the risk you took in the deal. By buying the thing, you took a risk that you would not be able to sell it for more than you paid. The profit you made on the deal compensates you for the risk you took. If there were no risk, someone would be willing to sell the item for less. Someone starting a business invests labour in producing their product, but also takes a risk: they may lose the money they put into starting the business. Outside investors (eg. in the stock market) take some or all of that risk away from the founders of the company. They make money not because they add labour but because they take risk.

    12. Re:RIAA seeks $1 million for seven songs by Shagg · · Score: 2, Informative

      I don't think this case is about distributing, just downloading, but in the typical cases it is about distributing..

      All of their cases are about distributing.

      --
      Unix is user friendly, it's just selective about who its friends are.
    13. Re:RIAA seeks $1 million for seven songs by garett_spencley · · Score: 3, Interesting

      It ignores investment because the only way that investment can pay off is through labour. The risk taker fronts his labour (since money is the promise of labour) with the expectation that he will be payed back with interest (interest being one of two ways that investment can ever enrich anyone - the other being the collection of collateral). The reality is that thanks to the addition of interest all debt can never be repayed because there isn't enough money in circulation (which is why we view investment as being risk). It's also why we have perpetual inflation.

      When you consider that there simply is not enough money in circulation to repay all debt it becomes clear that investment is a scheme to exploit labour. It pays off for some people but it is not viable long term. The only reason that investment banks create the illusion of viability is thanks to the fractional reserve system and the safety net of the central bank (which both lead to perpetual inflation). The reality is that investment banks don't actually risk anything. They create money out of thin air (inflation) when they lend and they seize property when the loans are defaulted on. When the economy goes sour and banks stop lending the central banks cut interest rates, increasing their lending to commercial banks and more people end up in debt. Those people then seek employment/labour to repay it.

      This isn't to say that banks never collapse due to poor investment practices. It happened as recently as 2008. It just means that in order for investment to pay off someone, somewhere has to loose.

    14. Re:RIAA seeks $1 million for seven songs by CodeBuster · · Score: 2, Insightful

      in order for investment to pay off someone, somewhere has to loose.

      Not necessarily. If the growth in the money supply (inflation) is balanced by growth in the quantity of goods and services produced in the economy per person (i.e. economic growth) then everyone enjoys the benefits of more goods and services while being compensated for both their labor or their risk. The reason for fractional reserve banking is to encourage more rapid economic growth through extension of timely credit (since availability of money and the ability to start new projects or produce new goods and services do not always coincide). The current world monetary system has its flaws to be sure and I myself have been a frequent critic of those flaws over the years on here on Slashdot, but it is better than the alternatives which generally include a relatively fixed quantity of hard money leading to frequent liquidity problems (people want to work and produce things now, but they have to wait until enough money enters into circulation to either save or get a loan) or more bartering of goods and services which, as history shows, can be inefficient (hence the reason for money in the first place).

    15. Re:RIAA seeks $1 million for seven songs by cptdondo · · Score: 2, Insightful

      The risk thing.... That might have been true 20 - 30 years ago when agents actually scoured the bars to find talent. These days you are more than likely to have manufactured pop divas and even entire groups. All cut from the same mold, great looks, skimpy clothes, lots of scandal, mediocre talent and singing ability, and music that's written for them and over produced and corrected in the studio.

      Does anyone really think that Janis Joplin would make it today?

      The music business these days is all about "creating a product", not about making music. They reduce their risk by creating a star. Hannah Montana is a classic example of this. Nothing to do with music; it's all about avarice.

      So they can go choke. They produce nothing of lasting value; their business model is exploitation and greed. The music put out by the major labels mostly sucks - it's so devoid of any real emotions that I can't stand it. Give me Root Boy Slim, Janis Joplin, Cake, Miranda Louise.... Heck the music industry won't even sell Root Boy anymore, eventhough vinyl albums are going for $100+ on ebay....

    16. Re:RIAA seeks $1 million for seven songs by CaptCovert · · Score: 2, Funny

      'coffee' not koolaid.

  5. Send me a copy by jep77 · · Score: 5, Funny

    I was wondering if someone could send me a recorded copy of the stream since I won't be able to watch it live.

    1. Re:Send me a copy by eth1 · · Score: 5, Insightful

      I was wondering if someone could send me a recorded copy of the stream since I won't be able to watch it live.

      You're modded funny, but if they were to use BitTorrent to distribute the recorded proceedings after the fact it would provide an example of an unambiguously legitimate use for such things that judges would be able to identify with. :)

  6. I thought the revolution... by AKAImBatman · · Score: 4, Funny

    ...was not going to be televised? So much for common wisdom. :-P

  7. Well... by Darundal · · Score: 4, Insightful

    ...they bought the rope, measured the proper length of it, cut it, tied it to a tree, formed one end into a noose, gingerly placed their grinning heads in the noose and tightened it, and now we get to see the looks on their faces when someone who saw their preceding actions takes the logical steps and kicks the stool out from under them.

    1. Re:Well... by Aladrin · · Score: 2, Insightful

      It's not so much 'kicking the stool' as it is 'refusing to hold them up while they teeter on it'. Nobody has to do -anything- for them to hang themselves... They just have to refuse to get them out of their own mess.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  8. Can I find it... by internerdj · · Score: 4, Funny

    on bittorrent?

  9. Not all of it... yet by Xelios · · Score: 4, Informative

    The current order is only for the hearing on Jan 22, as NYCL pointed out, which only involves the legal arguments for motions entered by the Defendant's counsel. Further coverage of the rest of the case will be decided then. The judge made a lot of sense in her opinion though, I especially liked this bit:

    "Public" today has a new resonance, especially in this case. The claims and issues at stake involve the internet, file-sharing practices, and digital copyright protections. The Defendants are primarily members of a generation that has grown up with the internet, who get their news from it, rather than from the traditional forms of public communication, such as newspapers or television. Indeed, these cases have generated widespread public attention, much of it on the internet. Under the circumstances, the particular relief requested -- "narrowcasting" this proceeding to a public website -- is uniquely appropriate.

    Nice to see judges are starting to catch up to this generation.

    --
    Murphey's fighting Occam, and we're in the stands.
  10. One problem... by Kabuthunk · · Score: 3, Interesting

    The problem is, if the RIAA wins by some convoluted twist of the law (of which they've gotten quite good at twisting by this point), no amount of losses will be able to wipe the smug look from their faces after winning the case on live TV. At which point, the industry is doomed.

    Never think that the RIAA is doomed. They always come back.

    --
    Planet Zebeth - Metroid with a twist
    1. Re:One problem... by Opportunist · · Score: 3, Interesting

      Well, should they win, the "jury" box failed. Time for the next one.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:One problem... by erroneus · · Score: 3, Interesting

      If they win, they will lose. If they lose, they will lose.

      Most people just think that big media is a bunch of greedy assholes. Putting them out in the public serves to prove that big media is a bunch of greedy assholes.

      And as to what I mean by "if they win, they will lose" I mean to say that seeing the RIAA win in a big case like that, people will know to steer clear of anything associated with the RIAA. An effective majority tapes, records or shares music once in a while. The practice is quite literally a part of our daily lives. If the public sees someone lose their lives through a lawsuit, you can bet it will not cause people to rush out and legitimize their collection by buying more stuff. No, they will look to alternatives. They lose.

      And if they lose, they will lose. The results may not be as dramatic as if they were to win, but at least it gives further data for study and reference when building a defence for the next case they bring.

    3. Re:One problem... by Anonymous Coward · · Score: 2, Insightful

      But there are a 2 problems with this:

      1) Nowhere near the amount of people affected by it will see this, because it isn't on a TV.
      2) Most people don't care.
      Sadly, people are heartless bastards and will just go "damn, that sucks, evil bastards", then forget all about it within a month, unless reminded by it.

      If it was shown live on TV, then it might matter, but sadly it probably won't be...
      Maybe it should be on TV because then most of the ignorant world will actually see the bullshit that companies like this get up to - and get away with - each and every year.

    4. Re:One problem... by supernova_hq · · Score: 2, Funny

      If this is where the future recording artists are going to cum from I am happy

      Remind me never to look at your browser history...

  11. Nonono, you got it wrong by Opportunist · · Score: 5, Informative

    Of course the RIAA wants the public to hear about this case to deter anyone downloading their stuff.

    But they want people to hear it from them. Not directly from the court proceedings. Any idiot knows that your statements are only half as powerful if the other side can retort. And few people are interested in hearling both sides of the story, unless it is hassle free do hear it, they're perfectly happy when they just hear one side telling them "the truth". Do you have an idea how incredibly harder it gets to spin something when the other side can call you bluff and show that you're lying through your teeth?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Now we'll see if the rumors are true! by thered2001 · · Score: 5, Funny

    I once heard that vampires don't show up on camera. Now we'll know one way or another!

    --

    If your only tool is a hammer, every problem becomes a nail.

  13. Justice by mlwmohawk · · Score: 5, Interesting

    Having read the order, I get the sense that the Judge really really understands what is going on and is not going to let them weasel out of their own lies.

    The Judge is going to take their claims perfectly literally with no prejudice. They say that they want public knowledge of the suits, thus, she finds it "curious" that they don't want it televised. So, she takes them at their word (wanting public knowledge of the law suits) and "helps" them do what they say they claim to want to do.

    Unlike judges before her, she knows they are lying. They know they are lying. Nesson knows they are lying. The case is a blackmail scam and everyone involved knows it, this time, even the judge.

    They are stuck because these are counter claims, and while I'm not a lawyer, even if BMG/Sony drop the suit, I believe the counter claims live on. So, they can't drop it. They have to fight a Harvard Law Professor and his students, and it will all be public for display.

    I'm going to buy some popcorn and watch.

    1. Re:Justice by mlwmohawk · · Score: 4, Informative

      It won;t escalate like most of us would like. When it's looking like things will go bad, they'll "settle" and not allow it to follow through making a precedent.

      In a counter claim, the defendant has to "agree" to settle, and I don't think Nesson and his students are looking to do that.

    2. Re:Justice by jimicus · · Score: 2, Insightful

      Unlike judges before her, she knows they are lying. They know they are lying. Nesson knows they are lying. The case is a blackmail scam and everyone involved knows it, this time, even the judge.

      Unless she's a pisspoor judge, she won't have any definite opinion on the matter in hand - or if she does, she'll keep it very much to herself.

      She may, on the other hand, want to make absolutely certain that every "i" is dotted and every "t" crossed. Which I would think is a very good quality in a judge.

  14. DISCLAIMER: by hendrix2k · · Score: 5, Funny

    "Any rebroadcast, reproduction, or other use of the pictures and accounts of this hearing without the express written consent of the Recording Industry Association of America is prohibited and will be subjected to a fine of no less than $1 million per infraction."

  15. Last.FM - Stay Away by hax0r_this · · Score: 2, Interesting

    While I generally agree with your post, its worth pointing out that CBS actually bought Last.FM. And haven't shut it down yet. Makes you wonder what they want out of the deal. Maybe its all that personal information they're collecting.

    One way or another, I won't let Last.FM anywhere near my computer.

  16. Re:"verbing" by eleuthero · · Score: 2, Funny

    . and this is why I should not be so quick to press submit after hitting preview . but hey, if i effectively. communicated, I guess. it doesn't matter. where i put the period

  17. Re:Could it be that by NewYorkCountryLawyer · · Score: 4, Funny

    they have really ugly lawyers?

    No. Like most aliens who walk among us impersonating humans, they have modified their appearance.

    --
    Ray Beckerman +5 Insightful
  18. Reverse Haa haa! by SpaceLifeForm · · Score: 2, Informative
    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  19. Re:Could it be that by NewYorkCountryLawyer · · Score: 2

    Okay, wise guy...I think I just swallowed my false teeth guffawing.

    Well being modded "Funny" is, for me, a rarity, so I feel good about that. Except of course about the teeth.

    Now, are you gonna take my case against yourself, or what?!?!?

    You'd lose.

    I do admire your ability to separate work from play

    Haven't been good at that lately, every since I got into this war with the RIAA. My idea of play lately has been to hang out on Slashdot, which is not so different than what I do for a living -- i.e. argue, defend myself from abuse, try to make it clear what the law is, etc.

    but at the same time being able to get your viewpoint across without compromising your clients, cases, or career in the whole process of upholding a cause by effective* means.

    See, my play is a lot like my work.

    Kudos, sir! BTW, thanks for all your contributions here on /., and more importantly for your 'real world' efforts in court. There is a reason I added you to my friends list...keep up the good fight. (your website is the only one I disable Adblock+, and NoScript extensions in Firefox 100%

    Thanks

    as I also donate any income tax refunds to the EFF-I believe in the cause and am not afraid to support it)

    They are a wonderful organization. The only thing I have against them is that they got me into this mess.

    PS Red Orbit looks neat.

    --
    Ray Beckerman +5 Insightful