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MP3 of RIAA Argument Available Online

NewYorkCountryLawyer writes "Download this: an MP3 file of the hearing in the First Circuit Court of Appeals, over whether a lower court proceeding in an RIAA case can be made available online, is now available online. The irony of course is palpable, not only because a court which freely makes its proceedings available across the internet is being asked by the RIAA, in SONY BMG Music Entertainment v. Tenenbaum, to prevent the district court from making similar proceedings available across the internet, but also because the end product is an MP3 file which can be freely downloaded, shared by email, shared through p2p file sharing, and even 'remixed.' The legal arguments focused on relatively narrow issues: the interpretation of a rule enacted in the District Court of Massachusetts, and the legal effect of a resolution by the First Circuit Judicial Council, rather than on broader First Amendment grounds."

73 comments

  1. Obligatory by Idiomatick · · Score: 1

    itsatrap !!!! If the RIAA won't sue you for it they'll put you down on an 'enemies' list and sue you later.

    1. Re:Obligatory by gmuslera · · Score: 3, Funny

      Coming soon: RIAA sues 10-yo girl for sharing this particular MP3, demanding 300 millon dollars for lost profits.

    2. Re:Obligatory by vandelais · · Score: 3, Funny

      But there aren't any ships in sector 47. Are you sure? They haven't demonstrated the magnitude of their firepower! It's possible we could withstand it. Maybe it's nothing.

      --
      Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
    3. Re:Obligatory by Anonymous Coward · · Score: 0

      I'll just wait for someone to put it on TPB.

    4. Re:Obligatory by multisync · · Score: 1

      I'll just wait for someone to put it on TPB.

      And then post a link to it on Facebook.

      --
      I don't care why you're posting AC
    5. Re:Obligatory by Kjella · · Score: 1

      Nah, if they wanted to get more than 159,009$/song they'd have to show actual damages. The damages are made from the time of the printing press, where anyone making copies would make them in the hundreds or thousands. The truth is that any one uploader in a swarm is insignificant, they're just trying to come down hard on some. If enough people wnat it (50,000+ seeded the last epsiode of Heroes) then you're just not going to stop it.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Obligatory by Opportunist · · Score: 1

      The court is now a member of the RIAA (else, the RIAA couldn't collect in their name)?

      I knew it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  2. Re:Sensationalism! by Chabo · · Score: 4, Insightful

    It's called irony.

    --
    Convert FLACs to a portable format with FlacSquisher
  3. Where's my OGG?! Or better yet, my FLAC?! by Anonymous Coward · · Score: 0

    mp3 is so 90s.

  4. In MP3 format, so what? by Yvan256 · · Score: 3, Interesting

    Is there something that prevents plain AAC, WAV, AIFF, OGG, FLAC or other common audio file formats to be freely downloaded, shared by email, shared through P2P file sharing and even 'remixed'?

    Technically speaking, of course... I'm not talking about any legal/moral ramifications if the file has copyrighted/top secret/whatever contents.

    1. Re:In MP3 format, so what? by Chabo · · Score: 1

      The MP3 is the format that's being served up by the government's website.

      The reason the format is mentioned in the article so prominently is the irony, as I stated above.

      --
      Convert FLACs to a portable format with FlacSquisher
    2. Re:In MP3 format, so what? by NewYorkCountryLawyer · · Score: 2, Informative

      The MP3 is the format that's being served up by the government's website.
      The reason the format is mentioned in the article so prominently is the irony, as I stated above.

      Exactly, Chabo.

      This is a lawsuit meant to restrict the sharing of MP3's online.

      This is a petition, within that lawsuit, to try and prevent making an oral argument in that lawsuit available online.

      And the Court making the determination (a) makes its own oral arguments available online, and (b) the format in which it chooses to do so is MP3's, which are freely shareable, and even remixable. This oral argument could wind up as the soundtrack for some anti-RIAA movies on YouTube.

      --
      Ray Beckerman +5 Insightful
  5. Crappy server or just slashdotted? by clang_jangle · · Score: 4, Funny

    I'm currently downloading it -- at a screamin' 0.7kb/sec. That's okay, the entertainment value will doubtless be well worth it.

    --
    Caveat Utilitor
    1. Re:Crappy server or just slashdotted? by Chabo · · Score: 4, Funny

      It must be because you're not in California. I am, and my download's going ten times faster than that. Sucker!

      --
      Convert FLACs to a portable format with FlacSquisher
    2. Re:Crappy server or just slashdotted? by Yvan256 · · Score: 1

      Nope, the crappy part is close to you, because my download started at around 5 KB/sec and is now steady at around 8 KB/sec.

      Your download speed of 0.0875 KB/sec is sad to say the least. ;)

    3. Re:Crappy server or just slashdotted? by Chabo · · Score: 1

      I think he meant "0.7 kilobytes per second", but put "kb" because it's easier. Most applications report in bytes anyway, not bits.

      --
      Convert FLACs to a portable format with FlacSquisher
    4. Re:Crappy server or just slashdotted? by Jane+Q.+Public · · Score: 3, Insightful

      That's okay... once it's downloaded I am going to make it available on BitTorrent... no need to wait for slow servers anymore!

      P2P FTW.

    5. Re:Crappy server or just slashdotted? by Anonymous Coward · · Score: 0

      mine is at 1.5kb

      w00h00

    6. Re:Crappy server or just slashdotted? by Anonymous Coward · · Score: 2, Funny

      Maybe, but it's also giving you cancer.

    7. Re:Crappy server or just slashdotted? by HTH+NE1 · · Score: 1

      It's when they report their speed in millibits per second that get me. I remember dialing up at a whopping 110,000 millibits per second on a portable acoustic-coupler terminal with a thermal printer for a display! And I still have that terminal, too.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  6. Someone, please... by Anachragnome · · Score: 4, Interesting

    Can someone please post the MP3 on YouTube?

    I've never heard the sound of exploding lawyer craniums. I'm quite curious.

    1. Re:Someone, please... by Yvan256 · · Score: 1

      And then post links to that on FaceBook, mySpace, myBook, FaceSpace and BookFace, or whatever the hell they're called.

    2. Re:Someone, please... by Chabo · · Score: 1

      I prefer myFace.

      --
      Convert FLACs to a portable format with FlacSquisher
    3. Re:Someone, please... by Kelson · · Score: 1

      And then post links to that on FaceBook, mySpace, myBook, FaceSpace and BookFace, or whatever the hell they're called.

      Nah, those are soooo last month. Everyone's on Twitbookspacer now.

      The good news is, once the next big thing comes along and people move on to that, there won't be so many twits online anymore!

    4. Re:Someone, please... by geekoid · · Score: 1

      I assume it sounds like a balloon popping.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Someone, please... by Anonymous Coward · · Score: 1, Funny

      I've not heard of Twitbookspacer yet, but I have heard of Twatspace.

    6. Re:Someone, please... by shadowbearer · · Score: 1

        The way things are going, the next successful blog will probably be InYourFace.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    7. Re:Someone, please... by Anachragnome · · Score: 1

      Thank you.

      Now we just wait for the DMCAs to start rolling in, and the head-popping will begin.

    8. Re:Someone, please... by NewYorkCountryLawyer · · Score: 1

      mariushm, Thank you for putting it up on YouTube. I've linked to your above comment, providing the YouTube segments, in my blog post.

      --
      Ray Beckerman +5 Insightful
    9. Re:Someone, please... by Anonymous Coward · · Score: 0

      IANAL, but I do have exploding head syndrome, you insensitive clod!

    10. Re:Someone, please... by Anonymous Coward · · Score: 0

      Tom Servo, on my ./?!

    11. Re:Someone, please... by Mozk · · Score: 1

      Is that the name of the motel where all the hookers loiter?

      --
      No existe.
    12. Re:Someone, please... by gzine · · Score: 0

      You sir are what make the interwebs AWESOME! too bad i have no mod points.

  7. Wait stop! by rockNme2349 · · Score: 1

    STACK OVERFLOW

    --
    Sewage Treatment Facilities - "Our duty is clear."
  8. Torrent link... by Anonymous Coward · · Score: 0

    ...or it didn't happen.

    1. Re:Torrent link... by Mozk · · Score: 1

      What, the 90s? Yeah, I wish it hadn't.

      --
      No existe.
  9. Paging all nerdy internet DJs by Weaselmancer · · Score: 5, Insightful

    Someone needs to heavily sample this and mix it into some house music, stat!

    If you think the RIAA is going nuts now just wait until that shows up on P2P.

    --
    Weaselmancer
    rediculous.
    1. Re:Paging all nerdy internet DJs by Anonymous Coward · · Score: 0

      I want to hear this sample played over a pumping, k-hole groove.

    2. Re:Paging all nerdy internet DJs by click2005 · · Score: 4, Funny

      Someone needs to heavily sample this and mix it into some house music, stat!

      The RIAA companies will probably try to offer them a recording contract... it'll be better than anything they've churned out in years.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    3. Re:Paging all nerdy internet DJs by Anonymous Coward · · Score: 0
    4. Re:Paging all nerdy internet DJs by NewYorkCountryLawyer · · Score: 2, Informative

      Someone needs to heavily sample this and mix it into some house music, stat! If you think the RIAA is going nuts now just wait until that shows up on P2P.

      I am looking forward to some of that creative workmanship, and will link to it on my blog.

      --
      Ray Beckerman +5 Insightful
    5. Re:Paging all nerdy internet DJs by Hognoxious · · Score: 1

      At least nobody's mentioned mashups so far. Er ...

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  10. Torrent? by Anonymous Coward · · Score: 0

    Direct download is too slow

  11. please add the "gettowork" tag by exabrial · · Score: 0

    I'm looking for to Engadget's or TheRegister's Remix contest

  12. The Irony is Better Than the Content by rbf2000 · · Score: 1

    I downloaded it earlier this morning and listened to it this afternoon.

    What's amazing to me is that they can spend over 45 minutes discussing what seems to me to be a matter this simple. But I guess this is exactly how lawyers make their money, says the prospective law student.

    PS, I think I created a torrent TPB

    1. Re:The Irony is Better Than the Content by Anonymous Coward · · Score: 0

      You can at least seed the damn thing, if you are going to share it.

    2. Re:The Irony is Better Than the Content by Anonymous Coward · · Score: 0

      Yeah and since he's a law student, he might get lucky and have the RIAA log his IP. They're always looking to replace the lawyers they burn out.

    3. Re:The Irony is Better Than the Content by Chabil+Ha' · · Score: 3, Interesting

      Having listened to it just now, it seems that the RIAA has the most persuasive argument. The RIAA's argument is based upon precedent, whilst the defendant's lawyer seems to make a plea based upon zeitgeist. The judge made a good point that while that seems like a good argument for changing the rule, it doesn't seem to hold much water with regards to the rule's current interpretation.

      All in all, it was a very educational experience. I haven't heard oral arguments like this and I actually enjoyed listening. I for one hope that the trial ends up being broadcasted, but based upon the arguments presented and the responses from the panel, I'm going to place my chips on the RIAA. Sorry.

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
    4. Re:The Irony is Better Than the Content by NewYorkCountryLawyer · · Score: 3, Interesting

      Having listened to it just now, it seems that the RIAA has the most persuasive argument. The RIAA's argument is based upon precedent, whilst the defendant's lawyer seems to make a plea based upon zeitgeist. The judge made a good point that while that seems like a good argument for changing the rule, it doesn't seem to hold much water with regards to the rule's current interpretation. All in all, it was a very educational experience. I haven't heard oral arguments like this and I actually enjoyed listening. I for one hope that the trial ends up being broadcasted, but based upon the arguments presented and the responses from the panel, I'm going to place my chips on the RIAA. Sorry.

      Here's my prediction.

      --
      Ray Beckerman +5 Insightful
    5. Re:The Irony is Better Than the Content by Anonymous Coward · · Score: 0

      Stop the presses! Crazy Ray's prediction is against the industry! Too bad you'll be wrong. Despite your irrational, seething hatred of the music business, the appellate judges are not going to eliminate vast portions of statutes and go against their own judicial conference report (which was supported by concurring testimony before Congress that such broadcasting was to remain banned).

  13. What's next? by Mishotaki · · Score: 1

    A movie of the MPAA's argument?

    1. Re:What's next? by mundanetechnomancer · · Score: 1

      hopefully as a divx

  14. New torrent, both files by Anonymous Coward · · Score: 2, Informative

    Another torrent here; contains both original and edited files:

    http://thepiratebay.org/torrent/4836368/SONY_BMG_Music_Entertainment_v._Tenenbaum

  15. I love it. by BCW2 · · Score: 1

    Ray, I hope you are having fun with this. The irony is just delicious.

    --
    Professional Politicians are not the solution, they ARE the problem.
  16. PLEASE, I BEG YOU... by Anonymous Coward · · Score: 0

    Put a torrent of this on The Pirate Bay! I can't think of a more fitting venue...

    1. Re:PLEASE, I BEG YOU... by Anonymous Coward · · Score: 2, Informative

      Put a torrent of this on The Pirate Bay! I can't think of a more fitting venue...

      torrent 1
      torrent 2

  17. This story provides... by kernel+panic+attack · · Score: 2, Funny

    This story provides Three times the the US RDA of Irony....

    1. Re:This story provides... by NewYorkCountryLawyer · · Score: 1

      This story provides Three times the the US RDA of Irony....

      The truth is stranger than fiction.

      --
      Ray Beckerman +5 Insightful
  18. Here is the relevant law by mdmkolbe · · Score: 2, Informative

    If you was to see the text they are debating see section 83.3 in Local Rules of the United States District for the District of Massachusetts.

  19. Boooring by graffitirock · · Score: 0, Flamebait

    Downloading an mp3 of lawyers arguing? Man you guys are dorks.

  20. What a weak waste of time by Evets · · Score: 2, Insightful

    "Except as specifically provided in these rules or by
    order of the court, no person shall take any photograph, make any recording, or make any broadcast..."

    It looks pretty straightforward to me. Unless it's specifically mentioned in the rules (voice recordings by court reporters, etc.), you need a court order to record and broadcast a court proceeding.

    In this case, the court heard arguments, provided a court order for the broadcast. These guys are arguing that the court had no right to make the order - and that right is given in the first sentence of the first subsection in rule 83.3 regarding Photographing, Recording, and Broadcasting.

    It's a waste of the courts time, taxpayer dollars, and the client's money - both the plaintiff and the defendant.

    Think about it... the judge got paid, the court reporter got paid, the bailiffs got paid to be in the room. A transcript was made, people were tasked with scheduling this thing, putting the paperwork surrounding this hearing online, and so on and so forth. All for what amounts to a first year law student project to come up with an argument to push a court into restricting it's own power.

    The RIAA attorneys should be fined for bringing this action.

    1. Re:What a weak waste of time by NewYorkCountryLawyer · · Score: 1

      "Except as specifically provided in these rules or by order of the court , no person shall take any photograph, make any recording, or make any broadcast..."

      It looks pretty straightforward to me. Unless it's specifically mentioned in the rules (voice recordings by court reporters, etc.), you need a court order to record and broadcast a court proceeding.
      In this case, the court heard arguments, provided a court order for the broadcast. These guys are arguing that the court had no right to make the order - and that right is given in the first sentence of the first subsection in rule 83.3 regarding Photographing, Recording, and Broadcasting.
      It's a waste of the courts time, taxpayer dollars, and the client's money - both the plaintiff and the defendant.
      Think about it... the judge got paid, the court reporter got paid, the bailiffs got paid to be in the room. A transcript was made, people were tasked with scheduling this thing, putting the paperwork surrounding this hearing online, and so on and so forth. All for what amounts to a first year law student project to come up with an argument to push a court into restricting it's own power.
      The RIAA attorneys should be fined for bringing this action.

      You've got it exactly right. There are many things the RIAA lawyers should be fined for, and this petition is one of them.

      --
      Ray Beckerman +5 Insightful
    2. Re:What a weak waste of time by Anonymous Coward · · Score: 0

      It's not as straighforward as you would like, and indeed, the petitioner's arguments are the more persuasive of the two.

      The first part -- "Except as specifically provided in these rules..." clearly refers to subparts (b) and (d) permitting the use of recording devices by the clerks and court reporters.

      The second -- "or by order of the court" therefore has to relate to the only section left (c), which has a permissive "may" written into it. If the court does allow, for purposes for purposes of this subsection, some form of recording media for a ceremonial or naturalization event, then it has to provide so by a court order.

      Aside from those ceremonial or naturalization events, the statute precludes the court from allowing recording media in all other events.

      Any other reading leads to superfluous language in the statute. If the court could, at any time, order a recording by court order, then why have (c) at all? Moreover, if the court were free to order a recording at any time, then what purpose does the pilot program statute in 83.3.3 serve?

      Reading the statute in this manner is consistent with preserving the intent of both section (c) and 83.3.3, as well as the Judicial Conference report and, pretty much, the procedures of every other federal court in the country.

    3. Re:What a weak waste of time by NewYorkCountryLawyer · · Score: 1

      Very misleading AC post. The only people I know who twist the facts to that extent are RIAA lawyers.

      --
      Ray Beckerman +5 Insightful
    4. Re:What a weak waste of time by Anonymous Coward · · Score: 0

      "The only pe[rson] I know who twist[s] the facts to that extent..." is crazy Ray Beckerman who is fueled by such a hatred and deep-seeded bias that all logic and reason is lost on him.

    5. Re:What a weak waste of time by ais523 · · Score: 1

      Oh, I don't know. SCO's lawyers could give them a run for their money...

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
  21. SONY BMG v. Tenenbaum Apr. 9 oral arguments.mp3 by Jane+Q.+Public · · Score: 1

    is now being seeded as a BitTorrent.

    1. Re:SONY BMG v. Tenenbaum Apr. 9 oral arguments.mp3 by NewYorkCountryLawyer · · Score: 1

      now being seeded as a BitTorrent

      It is also ironic is that of the 40,000 cases the RIAA brought, not a single one involved BitTorrent (to the best of my knowledge); all involved Gnutella (LimeWire, e.g.) or FastTrack (Kazaa, e.g.). I.e., using the "technology" they used to harangue those 40,000 souls, they could not detect this oral argument file.

      --
      Ray Beckerman +5 Insightful
    2. Re:SONY BMG v. Tenenbaum Apr. 9 oral arguments.mp3 by Jane+Q.+Public · · Score: 1

      Well, hey... download it from me, so it will be seeded from more than one place! I doubt it's quite in the Top 40 as of yet.

    3. Re:SONY BMG v. Tenenbaum Apr. 9 oral arguments.mp3 by Jane+Q.+Public · · Score: 1

      Oh crap. I restarted my machine and my BitTorrent client was not running. Silly me.

    4. Re:SONY BMG v. Tenenbaum Apr. 9 oral arguments.mp3 by Jane+Q.+Public · · Score: 1

      Oh, and hey... does that mean I won't end up on Hugh Jackman's shitlist after all?

      (Just kidding!)