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RIAA Brief Attacks Free Software Foundation

NewYorkCountryLawyer writes "The RIAA has requested permission to file a response to the amicus curiae brief filed by the Free Software Foundation in SONY BMG Music Entertainment v. Tenenbaum, the Boston case against a Boston University grad student accused of having downloaded some song files when in his teens. In their proposed response, the RIAA lawyers personally attacked The Free Software Foundation, Ray Beckerman (NewYorkCountryLawyer), and NYCL's blog, 'Recording Industry vs. The People.' The 9-page response (PDF) — 4 pages longer than the document to which it was responding — termed the FSF an organization 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs,' and accused the FSF of having an 'open and virulent bias against copyrights' and 'blatant bias' against the record companies. They called 'Recording Industry vs. The People' an 'anti-recording industry web site' and stated that NYCL 'is currently subject to a pending sanctions motion for his conduct in representing a defendant' (without disclosing that plaintiffs' lawyers were 'subject to a pending motion for Rule 11 sanctions for their conduct in representing plaintiffs' in that very case)."

554 comments

  1. Ok . . . by arizwebfoot · · Score: 4, Funny

    The RIAA thinks it's a bad man in a big town when it reality it wouldn't make a pimple on a simpleton's ass in a village.

    --
    Beer is proof that God loves us and wants us to be happy.
    1. Re:Ok . . . by Aphoxema · · Score: 4, Insightful

      They act like a government agency but they can only take civil action, regardless of the FBI's doting on copyright abusers. If they were to stay silent a moment too long then what little power they do bear would dissolve.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    2. Re:Ok . . . by Anonymous Coward · · Score: 3, Interesting

      iono... with five of them in the DOJ they might be a force to reckon with? (how many has obama appointed?)

      perhaps this is why they're becoming more audacious in their choice of targets?

    3. Re:Ok . . . by Teun · · Score: 1
      The typical RIAA lawyer is in for the money, not because he believes in it.

      Now they have a cushy new job in the DOJ they have a different paymaster and can switch allegiance.

      Or are you claiming criminals are represented by criminals?

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    4. Re:Ok . . . by Golddess · · Score: 3, Insightful

      Now they have a cushy new job in the DOJ they have a different paymaster

      Never heard of bribery?

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  2. Maybe I haven't been paying attention... by McCat · · Score: 4, Interesting

    But what's with all of the RIAA action all of a sudden? What's got a bee in their bonnet now as opposed to, say, five years ago?

    1. Re:Maybe I haven't been paying attention... by supersoundguy · · Score: 5, Insightful

      Probably because they keep losing. If they make themselves loud enough in the courts, a judge is bound to find something he agrees with and rule in their favor. They're grandstanding to win.

    2. Re:Maybe I haven't been paying attention... by retchdog · · Score: 5, Interesting

      Five of their lawyers are now placed in high-level positions within the Department of Justice?

      I dunno. It could be something else, or just a coincidence, but this does seem to be the simplest explanation among those them...

      Speaking abstractly, it's not a bad national strategy in a way. We're fucked economically, and have no manufacturing base to speak of. There's not much we can do except enforce "intellectual property" overseas. The downside is the implicit effect that this will have on domestic freedom and true innovation. I suspect we (as knowledge workers) will be learning some hard lessons in the next few years. I would not be surprised if the FSF and EFF (among others) are forcibly nationalized and destroyed/reorganized within four years.

      --
      "They were pure niggers." – Noam Chomsky
    3. Re:Maybe I haven't been paying attention... by Abreu · · Score: 4, Funny

      Yeah, but they probably don't know about Stallman's twin katana prowess... I certainly would never try to provoke him to anger...

      --
      No sig for the moment.
    4. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 1, Insightful

      Probably because they keep losing. If they make themselves loud enough in the courts, a judge is bound to find something he agrees with and rule in their favor. They're grandstanding to win.

      Or it could be because they now have a more sympathetic justice department.

    5. Re:Maybe I haven't been paying attention... by Duradin · · Score: 5, Insightful

      If you can't innovate, litigate.
      If you can't litigate, legislate.

    6. Re:Maybe I haven't been paying attention... by WindBourne · · Score: 1, Troll

      Speaking abstractly, it's not a bad national strategy in a way. We're fucked economically, and have no manufacturing base to speak of. There's not much we can do except enforce "intellectual property" overseas. The downside is the implicit effect that this will have on domestic freedom and true innovation. I suspect we (as knowledge workers) will be learning some hard lessons in the next few years. I would not be surprised if the FSF and EFF (among others) are forcibly nationalized and destroyed/reorganized within four years.
      Give me a fucking break. W and the neo-cons are no longer in control. As such, we are less likely to see constitutional violations. In addition, we are far more likely to see our manufacturing lines come back as oil prices rise. The simple fact is that getting our cheap housewares from China is becoming expensive. Oil will rise it as well.
      Such trash talk of nationalization always cracks me up.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 5, Funny

      If you can't innovate, litigate.
      If you can't litigate, legislate.

      If you can't legislate, watergate?

    8. Re:Maybe I haven't been paying attention... by laughing+rabbit · · Score: 5, Insightful

      It is not the neo-cons that we have to worry about. It is which oligarchs have the reins of which legislators and judges. It is beginning to look like the oligarchs that control the Obama group are going to take our intellectual and cultural freedoms from us, rather than our constitutional freedoms.

      --
      No incumbents, not no where, not no how.
      Vote them out every term.
    9. Re:Maybe I haven't been paying attention... by Red+Flayer · · Score: 5, Funny

      If you can't watergate, waterboard.

      x283.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:Maybe I haven't been paying attention... by retchdog · · Score: 0, Troll

      Please explain what is unconstitutional about nationalization? Also please note distinct lack of change, in re: torture policy, U SAP AT RIOT Act, telecom immunity, &c.

      We'll see.

      --
      "They were pure niggers." – Noam Chomsky
    11. Re:Maybe I haven't been paying attention... by Doctor_Jest · · Score: 1

      I'd guess the bee's pissing them off more. Usually that means things are working in our (read: not the conglomerates) favor. Sometimes it's just a show of bravado, but I think in this case, they're really grasping at straws... DRM is becoming less and less useful (though it's not dead yet), and the conglomerates are slowly realizing that too many pissed off customers means no money. :) That doesn't change their behavior, mind you... but it does piss them off. First they ignore you... (well you get the idea...) At some point, they'll get the message. Trouble is, I think it'll be when they run completely out of money (which isn't any time soon, I fear.)

      --
      It's the Stay-Puft Marshmallow Man.
    12. Re:Maybe I haven't been paying attention... by palindrome · · Score: 5, Insightful

      There's always some dastardly evildoers trying to steal our freedoms, nowadays, isn't there. If it's not the extremists it's the communists, or the democrats, or the republicans or the liberals, or the PC brigade with all their health and safety mumbo jumbo, coming to take away our precious, precious freedoms (it's our freeeeeeeeeeeeeeeeeeedommmmms, preeeeeeeeeeeeeeecious). As we stare at this wonderous package of glory. Our freedoms, which we have, and those ever growing hordes of zealots - from one side of the political spectrum or another (depending on our own beliefs) - coming to rip it from our hands and hurl it in to the volcanoes of Mordor or something. Or freedoms! Please! Won't someone think of the freedoms!

      It's certainly an emotive issue.

      And if people actually did care then maybe they'd stop slinging shit into the eyes of fabricated enemies for 15 seconds and realise that there is a middle ground in which you can actually work together and not just boil it down to some pitiful good/evil pantomime.

    13. Re:Maybe I haven't been paying attention... by tkrotchko · · Score: 3, Informative

      "W and the neo-cons are no longer in control"

      I'd remind you it was Clinton that signed the DMCA into law.

      It's now Obama that is putting the RIAA in charge of the justice department.

      And you're talking about a guy who no longer has any political power? As to the rest of your thoughts about manufacturing and oil prices, it seems at best a simplification, and at worst a series of non-sequiturs.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    14. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      To be fair, I don't think it's "evil". It may have overall positive effects for social equality and overall safety. I may even benefit from it personally since my education and training is, overall, more suited for an "establishment" position than an independently-innovative one. (Although I'd be somewhat pissed if, for my nation's well-being I had to get a linux license, or buy windows.)

      I'm just saying it's a premature optimization which, like any economic policy, will have a large number of supporters who perhaps don't see the entire picture, and don't feel like listening to alternative viewpoints.

      I'd like to find a middle-ground, but when the middle-ground is shelter from a storm you need to look to the horizon first. (or something like that; I'm not very good with metaphors)

      --
      "They were pure niggers." – Noam Chomsky
    15. Re:Maybe I haven't been paying attention... by Aphoxema · · Score: 4, Insightful

      There's always some dastardly evildoers trying to steal our freedoms, nowadays, isn't there.

      Nowadays? Not a moment in Humanity's history was a calm silence where groups of people weren't trying to impose their will on others by penalty of death or disruption. It's a story that will long repeat itself and is unlikely to ever end.

      The price of freedom is eternal vigilance.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    16. Re:Maybe I haven't been paying attention... by palindrome · · Score: 1

      The price of freedom is eternal vigilance.

      Indeed. I couldn't not disagree more. We are incredibly vigilant nowadays, though, aren't we. We noticed the patriot act with eagle eyes. Torturing detainees who were suspected terrorists was something that we caught in our vigilance. Criminal prosecution for civil cases didn't pass our vigilant eyes unnoticed.

      We're so vigilant it's scary. It's reassuring to know that whatever actions of idiocy and questionable legality the government commits at least we'll notice and say "Tut! At least it's not the other guy!"

    17. Re:Maybe I haven't been paying attention... by al0ha · · Score: 1

      Perhaps because now they've got one of their own near the top the current presidential administration.

      --
      Did you ever wake up in the morning, with a Zombie Woof behind your eyes? -- FZ
    18. Re:Maybe I haven't been paying attention... by WindBourne · · Score: 1

      It's now Obama that is putting the RIAA in charge of the justice department.
      In what possible way can that matter? The ONLY thing that will matter is IFF Obama puts RIAA ppl in Judgeships. IFF that occurs, Then we have a LOT to be worried about. Until then, it does not matter. Lawyers from DOJ or from RIAA will continue to ENFORCE laws on the books. As to Clinton signing the DMCA, that was with a neo-con controlled congress. It passed with LOADS of neo-cons support. Without that, it NEVER would have occurred. In fact, it was authored and introduced by pubs.

      I replied back to retchdog who blames all this on lack of manufacturing base. It would not matter if we had a base or not. DMCA still would have happened because it was pushed by big business and big politics.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    19. Re:Maybe I haven't been paying attention... by silentsteel · · Score: 3, Insightful

      It is not the neo-cons that we have to worry about. It is which oligarchs have the reins of which legislators and judges. It is beginning to look like the oligarchs that control the Obama group are going to take our intellectual and cultural freedoms from us, in addition to our constitutional freedoms.

      FTFY

      Anyone who still thinks that Obama and the rest of his administration will suddenly revert course on constitutional freedoms from the last 8 years has been living under a rock since the Inauguration. He is a politician. Politicians like power. They, repubs and dems, are not going to remove some law in place that benefits them, even if the other side used it first.

      --
      I cut it three times, and it's still too short.
    20. Re:Maybe I haven't been paying attention... by Aphoxema · · Score: 1

      It's a shame we have a right to bear arms but no dedication to using them when it isn't death we have to fend off.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    21. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      I understand that there are big business forces at work and this is nothing new. My point is that our economic instability (due at root, to lack of manufacturing and savings) might cause the general public opinion to swing strongly toward supporting something like this, without an understanding of the issues at hand.

      --
      "They were pure niggers." – Noam Chomsky
    22. Re:Maybe I haven't been paying attention... by WindBourne · · Score: 1

      Hmmm. Good point about the nationalization issue. But I still doubt that they will hit FSF. The DOD is backing it.

      Actually, there are QUIET changes that have been happening. Apparently, Obama DOES like "speak softly and carry a big stick". In addition, it remains to be seen what will happen with past infractions. I think that it was interesting that he gave DOJ permission to decide what to do about W's crimes. Only problem is, why is everybody hitting all the nonsense ones. We should be focused on the spying of Americans and the passing of that information back to the WH and DOJ for political gains.

      Personally, I am giving this 2 years to see what happens.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    23. Re:Maybe I haven't been paying attention... by PMuse · · Score: 4, Insightful

      Note that litigation costs scale badly.
      Beyond a certain threshold, it is cheaper to legislate first.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    24. Re:Maybe I haven't been paying attention... by WindBourne · · Score: 1

      Oh. Ouch. Ok, you have a point. If this economy gets worse, I could see ppl grasping at straws. I do not think it likely, BUT....

      --
      I prefer the "u" in honour as it seems to be missing these days.
    25. Re:Maybe I haven't been paying attention... by mangu · · Score: 1

      In addition, we are far more likely to see our manufacturing lines come back as oil prices rise

      Then I have some bad news for you. Ocean liners are the most efficient transportation in terms of fuel consumption per ton transported. The last mile, getting the goods from the warehose to your home, costs proportionally much more than getting them from Shanghai to LA.
       

    26. Re:Maybe I haven't been paying attention... by palindrome · · Score: 1

      Maybe arms isn't the only option? "If it comes to the worst at least I am armed" isn't really the cry of of a patriot. I hate the cliche, so I'm going to gut it:

      frog... boiling... slowly...

      This isn't a society where a last stand applies. You can decry all the injustice as it flies past in the news cycle if you like (I do) but I have to wonder what our grand parents would do if what has happened to us had happened on their watch.

      Maybe we are the generation of the iPod, depressing as it sounds. Maybe our children will do better at working for a fairer society - this pyramid scheme we're working with now is pretty shocking to be honest, and could probably be summarised with the oxymoron "communist capitalism" in that capitalism is king until it fails, and then we help them out.

    27. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 1, Funny

      Yeah, but they probably don't know about Stallman's twin katana prowess... I certainly would never try to provoke him to anger...

      That's an XKCD reference, boy. You know what we do to XKCD referencers around here?

    28. Re:Maybe I haven't been paying attention... by Edgester · · Score: 1

      Hmmmm, maybe those five are bailing out while they have the chance? I mean these opportunities only come along once per president.

    29. Re:Maybe I haven't been paying attention... by TikiTDO · · Score: 1

      This working on the assumption that other nations choose to respect US intellectual property. Should the US stagnate in its innovation, it will likely become more viable to turn to other nations for technology. At that point it will just simply be a matter of ignoring US grandstanding, (and various sanctions that may be imposed.) Once there is a new leader in this area, you just move the various foundations to a new nation.

      Obviously I hope this will not happen, but it never hurts to consider the possibility.

    30. Re:Maybe I haven't been paying attention... by Aphoxema · · Score: 1

      I guess you have to be illusioned before you can be disillusioned.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    31. Re:Maybe I haven't been paying attention... by Ohrion · · Score: 5, Funny

      That's an XKCD reference, boy. You know what we do to XKCD referencers around here?

      Cheer them on and be reminded to go check out the recent comics at XKCD? /cheer

    32. Re:Maybe I haven't been paying attention... by Comboman · · Score: 5, Insightful

      W and the neo-cons are no longer in control. As such, we are less likely to see constitutional violations.

      Democrats and Republicans both hate the constitution; they just hate different parts of it (1st amendment & 2nd amendment for example).

      --
      Support Right To Repair Legislation.
    33. Re:Maybe I haven't been paying attention... by Razalhague · · Score: 5, Informative

      That's an XKCD reference, boy. You know what we do to XKCD referencers around here?

      We link to them!

    34. Re:Maybe I haven't been paying attention... by joshuaheretic · · Score: 1

      So, we should start killing for much lesser reasons than being threatened with death in return? That's what is unfortunate in your estimation? I think that having alternatives to violence (such as rational discourse) is what makes us a civilized society, rather than a bunch of violent idiots.

    35. Re:Maybe I haven't been paying attention... by retchdog · · Score: 2, Funny

      OK, to be fair it wasn't exactly my point at first; I just changed my point a little while replying and hoped you wouldn't notice. ;-)

      Hopefully this won't come to pass. I just have this horrific twisted image of the US deciding to coast along as a two-penny tyrant, on its increasingly-empty "brand" of technological innovation and militarism.

      --
      "They were pure niggers." – Noam Chomsky
    36. Re:Maybe I haven't been paying attention... by Tubal-Cain · · Score: 5, Funny

      Mod them up?

    37. Re:Maybe I haven't been paying attention... by Zencyde · · Score: 1

      +5 Funny?

      --
      What day is it? Could you please tell me?
    38. Re:Maybe I haven't been paying attention... by Ginger+Unicorn · · Score: 1, Insightful

      what a magnificently witless way to top off a fairly droll thread.

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    39. Re:Maybe I haven't been paying attention... by Aphoxema · · Score: 1

      Eh, you're right. I at least am happy for the fact that there are groups of people, like the EFF and FSF, that will fight for individual rights and protect the freedoms the masses have yet to understand.

      I only started to give a damn about things like this a few years ago, when I really got to be in a position where I didn't have to look out for myself constantly.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    40. Re:Maybe I haven't been paying attention... by bluefoxlucid · · Score: 3, Insightful

      Back in the 1800s I could start a brewery easy enough. These days it's hard unless you've got a million dollars. In fact, starting any business is hard; it's not the taxes, it's the huge fucking amount of regulations you have to meet, which take a huge toll on you. My cost to make small-time alcohol are like $200 to start up and $1100 a barrel (55 gal); my costs with govt. regulation shit are about $300,000 to start up and $20,000/barrel unless I scale to tens of thousands of barrels. If you want to start a simple restaurant it'll cost you; if you want to start a restaurant that serves wine, you need $1000 more; rum, $100,000 more per year to operate. Ouch.

    41. Re:Maybe I haven't been paying attention... by bluefoxlucid · · Score: 4, Insightful

      Well, yes. Yes we should. One day you will be sold into slavery-- oh, you'll be kept alive and well enough to work, but you'll be forced labor and the beatings will continue until you die. But that's not a threat of death now is it....

    42. Re:Maybe I haven't been paying attention... by Gerzel · · Score: 1

      How could the FSF or EFF be forcibly nationalized?

      They are not a company with that much in physical capital to nationalize.

      Destroyed possibly but that means that the destroyers would also have to make things so more people don't go ahead and keep protesting unfair laws and practices. If they make the laws and practices unfair they can still destroy specific institutions but they are also giving more to protest.

    43. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0

      When you say per ton transported, is that per ton transported/transatlantic trip, or per ton/unit of distance? Makes a huge difference if you are shipping from Shanghai to LA instead of San Diego to LA. If it is a matter of efficiency per ton/mile a vastly shorter trip is going to be more efficient on the whole even if per ton/mile is costs more than another means. I suspect that for a lot of the US shipping goods within major regions is going to be more efficient especially as you get further from the coasts where production centers may exist closer than the ports anyway.

    44. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0

      Mod up for creative use of whitespace....

      U SAP AT RIOT

    45. Re:Maybe I haven't been paying attention... by Burkin · · Score: 1

      We're fucked economically, and have no manufacturing base to speak of.

      It's amazing that with no manufacturing base to speak of that we are the largest manufacturer in the world.

    46. Re:Maybe I haven't been paying attention... by nathan.fulton · · Score: 1

      "I suspect we (as knowledge workers) will be learning some hard lessons in the next few years."

      I don't expect the /. community to take kindly to this, but I am going to suggest you look at Cyber Marx: Cycles and Circles of struggle in High Technology Capitalism by Nick Dyer-Witheford here.

      A gem from his book: "One aspect of this process is a surge in the commodification of cultural and communicational forms. Advertising, design, marketing, fashion, and entertainment become a primary focus of commercial activity. Consequently, the distinction--valid for earlier stages of capitalist developmentâ"between an economic base and cultural superstructure collapses. Capitalised culture envelops all aspects of the social in an omnipresent wrap of imagery whose multiple surfaces extinguish material reference or sense of history. Subjectivity becomes, as postmodern theory suggests, increasingly decentered and unstable--experiencing a condition not so much of alienation as fragmentation, induced by the fluctuating stimuli of electronic media and the malleable spaces of commercial architecture and urban design."

      Sound Familiar?

      Even if you find Marxism repulsive (although you do use the term "knowledge workers" in a way that convinces me this isn't entirely the case,) Dyer-Witheford's work should not be ignored if you are working, living, or breathing in the beginning of the 21st century

    47. Re:Maybe I haven't been paying attention... by AnalPerfume · · Score: 1

      I wonder how many votes a party called "The Dastardly Evildoers" would get, specially if their leader was called Dick......no, not Dick Cheney before anyone points out that he'd suit the role rather well.

    48. Re:Maybe I haven't been paying attention... by WindBourne · · Score: 1
      1. So, going from a plant in China, to the ocean port, across the pacific ocean, unload in LA or seattle, then transport across the western to midwest using a truck or rail.
      2. OR going from a plant in China, to the ocean port, across the pacific, through the panama canal, up the atlantic, to the St. Lawrence Seaway, up a number of locks to the greatlocks, then transport across the midwest to the eastern part of the country using a truck or a rail.
      3. Or going from a plant in the midwest to any part of the USA in a matter of hours or days using a truck or rail.

      You really are going to suggest that Transportation from China is CLOSE in costs to the above, once oil prices rise this summer?

      --
      I prefer the "u" in honour as it seems to be missing these days.
    49. Re:Maybe I haven't been paying attention... by bit01 · · Score: 4, Insightful

      In what possible way can that matter?

      The justice department has limited resources. What they choose to focus those resources on matters a lot.

      Ex-RIAA lawyers are likely to focus on RIAA concerns, if for no other reason than that's what they're familiar with.

      That's a very bad thing and a form of regulatory capture.

      ---

      It's not piracy, it's sharing. Didn't your parents teach you to share?

    50. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0
      W and the neo-cons are no longer in control. As such, we are less likely to see constitutional violations.

      *giggle*

    51. Re:Maybe I haven't been paying attention... by NemoinSpace · · Score: 1

      We're fucked economically, and have no manufacturing base to speak of.

      Q. What's 13% (percent of manufacturing) of 14,000,000,000,000 (GDP)?

      A. About the same as the TOTAL GDP of each of the next 10 nations.

      Although your point about the 5 lawyers is spot on.

    52. Re:Maybe I haven't been paying attention... by Nefarious+Wheel · · Score: 1

      How odd. Here in old Horse Trailer you buy brewing kits at the local Safeway. And there are more small wineries than you could stake a ... uh, than you could point to conveniently.

      --
      Do not mock my vision of impractical footwear
    53. Re:Maybe I haven't been paying attention... by Scarletdown · · Score: 4, Funny

      That's an XKCD reference, boy. You know what we do to XKCD referencers around here?

      I'll get around to answering that later. I have a more important matter to attend to.

      Someone is wrong on the Internet.

      --
      This space unintentionally left blank.
    54. Re:Maybe I haven't been paying attention... by hherb · · Score: 5, Interesting

      Freedom can be seen as something absolute, or something relative.
      Some 30 years ago, in South West Africa (now Namibia), I was startled when, at checking in, people were asked to hand in their ammunition (they got to keep their guns) when boarding the plane from Windhoek to Cape Town. Most people protested at this violation of their freedom (while disregarding that only white people woudl get such freedom in the first place), but my seat neighbour winked at me and showed me his trouser pocket full with ammo. Body searching would have been unthinkable, and indeed I saw many people clamly reloading their guns as the plane departed, and the stewardess just ignoring them.

      30 years in fast forward - my wife was just insulted and her deodorant stolen by check in staff because the volume of the deodorant bottle was 110ml, and only 100ml were "allowed". The fact that the deodorant was 3/4 empty didn't matter. That on a flight back from Vanuatu to Sydney -100% tourists, 90% thereof probably scuba divers, can't get much lower in risk potential on flights I guess.

      Give them your little finger, and they not only take your whole hand but proceed to bite off your head after eviscerating and raping you.

      Either we have freedom - and it is absolute, or we don't have any. Thus, at present we don't have any. A person without freedom is - a slave.

    55. Re:Maybe I haven't been paying attention... by retchdog · · Score: 2, Informative

      Like with most unbelievably large figures, there is "fudging" going on.

      In NYC (hardly known for its lax regulations...) an on-premises liquor license (=full bar) costs a staggering $4,352 for two years. $2K/year is nothing.

      The problem is that the # of licenses is capped which means that the aftermarket in trade is very steep. Up to $200K. But this is a one-time charge, and it doesn't go to the government. It could be worse - they could be non-transferable.

      Anyway, it was harder to start a brewery in the 60s (not to mention the 20s), so it's not like we're on a one-way trip toward less freedom here...

      --
      "They were pure niggers." – Noam Chomsky
    56. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0

      As a long time slashdot person had in his .signature, the ammo box is the last box. The first four are: Linux, soap, ballot, and finally jury. Use them in that order, and finally after the other boxes are exhausted, it becomes time to reach for the ammo box.

    57. Re:Maybe I haven't been paying attention... by Hal_Porter · · Score: 1

      It is not the neo-cons that we have to worry about. It is which oligarchs have the reins of which legislators and judges. It is beginning to look like the oligarchs that control the Obama group are going to take our intellectual and cultural freedoms from us, rather than our constitutional freedoms.

      You know the more I read stuff like this, the more I realise that I don't really have much of an objection to the Obama or the US Democratic party.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    58. Re:Maybe I haven't been paying attention... by Alsee · · Score: 1

      I would not be surprised if the FSF and EFF (among others) are forcibly nationalized and destroyed/reorganized within four years.

      It's the queers. They're in it with the aliens. They're building landing strips for gay Martians.

      Aside from that, yeah, 'intellectual property' is the area where we (U.S.) have a big positive in the international balance of trade, so there is big pressure to push increasingly crazy crap in all our "free trade agreements".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    59. Re:Maybe I haven't been paying attention... by Achromatic1978 · · Score: 1

      there are groups of people, like the EFF and FSF, that will fight for individual rights and protect the freedoms the masses have yet to understand.

      EFF, sure... FSF? I love how you spin it in a way such that it's not possible for someone to disagree. "You just don't understand. Poor ignorant."

      I'm not ignorant, just unimpressed.

    60. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      I'll take your combination of mockery and agreement, as high praise.

      --
      "They were pure niggers." – Noam Chomsky
    61. Re:Maybe I haven't been paying attention... by syousef · · Score: 2, Funny

      If you can't waterboard, boogie board!!!

      --
      These posts express my own personal views, not those of my employer
    62. Re:Maybe I haven't been paying attention... by Thing+1 · · Score: 1

      "You know what, Stuart? I like you. You're not like the other people, here in the trailer park."

      --
      I feel fantastic, and I'm still alive.
    63. Re:Maybe I haven't been paying attention... by Grail · · Score: 5, Funny

      My girlfriend picked that one up and ran with it X(

      So nowadays, when she's heading to bed, "are we having sex, or is someone wrong on the Internet?"

      Sheesh... impossible decisions...

    64. Re:Maybe I haven't been paying attention... by Voyager529 · · Score: 1

      I modded you +1 Insightful before I posted this. Someone's sig on here says it well: "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order. Starting now." Ed Howdershel.

    65. Re:Maybe I haven't been paying attention... by quetzalblue · · Score: 0, Flamebait

      > A gem from his book:

      I just knew I shouldnt have inhaled. I used to read Lord of the Rings and had no trouble imagining something completely unreal, but reading the above "gem" I couldnt figure out what they were talking about so I couldnt imagine what is actually (allegedly?) real. Hmmm .. .I know, it's that automatic "fog" generator throwing up meaningless drivel, yeah, that's it. I'll go with that.

    66. Re:Maybe I haven't been paying attention... by BlueStrat · · Score: 0, Flamebait

      I wonder how many votes a party called "The Dastardly Evildoers" would get, specially if their leader was called Dick......no, not Dick Cheney before anyone points out that he'd suit the role rather well.

      I prefer "Snidely Whiplash" myself. Although Boris and Natasha might be some competition. Personally, I think we'd probably be more free and less-taxed with the "Dastardly Evil-Doer" party than either the D's or R's.

      Unfortunately, we seem to be ruled currently by a bunch of Dudley Do-Rights that want to micro-manage every aspect of our lives while taxing us to death for the privilege. Then, if some have the gall to actually complain, they're publicly ridiculed in the national mainstream media and called all sorts of nasty names, including racist for simply having the audacity to disagree and say so publicly. "All that protesting and freedom of speech stuff is only for *us* when anyone other than us are in power! Didn't you get the memo?"

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    67. Re:Maybe I haven't been paying attention... by jaminJay · · Score: 1

      Wonder if they're compiling or just wasting time?

      --
      Leela: "Is all the work done by children?" Alien: "No, not the whipping."
    68. Re:Maybe I haven't been paying attention... by Dutchmaan · · Score: 2, Insightful

      Either we have freedom - and it is absolute, or we don't have any. Thus, at present we don't have any. A person without freedom is - a slave.

      ..but by your definition, Freedom = Anarchy (i.e one can do anything he or she wants to whomever they want whenever they want) ...which isn't really conducive for a civil society. The kind of freedom you're talking about exists, but you're gonna have to strip naked and head to the jungle.

    69. Re:Maybe I haven't been paying attention... by JosKarith · · Score: 1

      If you can't masturbate, cogitate.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    70. Re:Maybe I haven't been paying attention... by jonbryce · · Score: 1

      It is an extremely bad strategy because it means that the innovation required to rebuild your manufacturing base won't happen.

      In any case, you are something like the 3rd largest manufacturer in the world. There is still a lot of manufacturing going on.

    71. Re:Maybe I haven't been paying attention... by plague3106 · · Score: 1

      Um, didn't the founders start killing over taxes and housing of soliders in private homes? You know, all the stuff in the bill of rights basically?

    72. Re:Maybe I haven't been paying attention... by Locklin · · Score: 1

      In fact, this is one of the few times in history we can actually discuss those people openly, in public without fear of "disappearing" in the night.

      In fact, we can even join and support "rogue" organizations like the EFF and FSF without life-threatening consequences.

      It's actually a GOOD time to be living!

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    73. Re:Maybe I haven't been paying attention... by ShieldW0lf · · Score: 1

      You just had to spread it around, didn't you?

      --
      -1 Uncomfortable Truth
    74. Re:Maybe I haven't been paying attention... by rgviza · · Score: 1

      yea blaming anything on either democrats or republicans is pretty fing stupid. It took a bipartisan effort to fuck this country.

      Washington needs a total enema. Everyone in an elected office needs a lifetime ban for what they've done.

      -Viz

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    75. Re:Maybe I haven't been paying attention... by marcosdumay · · Score: 1

      Assuming you can enforce intelectual property overseas, that'd have some potential.

      The problem is that reality doesn't agree very well with that assumption.

    76. Re:Maybe I haven't been paying attention... by Absimiliard · · Score: 1

      "Girlfriend"?

      For one of us? Really?

      Pics or it didn't happen.

    77. Re:Maybe I haven't been paying attention... by gregthebunny · · Score: 0

      I have this very same problem. Occasionally, I get "and someone is wrong in this room."

    78. Re:Maybe I haven't been paying attention... by JWW · · Score: 1

      Man this makes me wish there was a fucking ( -1 Naive ) mod. We're still going to lose rights, it'll just be a different set we'll be losing. And by the indications of how things are currently going, we're going to be losing those rights faster....

    79. Re:Maybe I haven't been paying attention... by Beyond_GoodandEvil · · Score: 1

      "All that protesting and freedom of speech stuff is only for *us* when anyone other than us are in power! Didn't you get the memo?"
      Wow, offtopic maybe, but flamebait?Apparently Kosdot mods are in full effect. So here, I've got karma to burn, the people who spent the previous 8 yrs telling everybody that dissent is the most patriotic thing, were ones attempting to marginalize and mischaracterize the April 15th protests and protesters.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    80. Re:Maybe I haven't been paying attention... by BlueStrat · · Score: 1

      "All that protesting and freedom of speech stuff is only for *us* when anyone other than us are in power! Didn't you get the memo?"

      Wow, offtopic maybe, but flamebait?Apparently Kosdot mods are in full effect. So here, I've got karma to burn, the people who spent the previous 8 yrs telling everybody that dissent is the most patriotic thing, were ones attempting to marginalize and mischaracterize the April 15th protests and protesters.

      Kinda proves the point, doesn't it? I'd bet though that the fact that it *does* prove the point didn't even enter into their knee-jerk reaction of anger and indignation that someone would dare to disagree and actually say so publicly.

      Exactly the same reaction the Tea Party protesters got from these same people.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    81. Re:Maybe I haven't been paying attention... by JWW · · Score: 1

      Fine you go on thinking that.

      When the government shows up at your door in the future wanting to implant the chip in your brain to report to the RIAA and MPAA every time you watch or listen some of their content so they can automatically charge you for it, just remember that you and millions of others like you didn't really have much of an objection when this all was getting started.....

    82. Re:Maybe I haven't been paying attention... by JWW · · Score: 1

      Whats unconstitutional about nationalizing a group of people excercising their FREE SPEECH RIGHTS to comment on and take action to encourage Free and Open Source software?

      Um, lets see, wouldn't the government be breaking the FIRST AMENDMENT rights of that group and everyone in it if it took that group over??

      Yep, I think I'll go with it would be unconstitutional because it violates the FIRST AMENDMENT right of the FSF and everyone in it.....

    83. Re:Maybe I haven't been paying attention... by palindrome · · Score: 1

      You're right. I keep forgetting that it's either one extreme or another, shame really, it would be nice if there were options somewhere in between the two.

      For example I was going to have a coffee with 2 sugars today but there was only 1 spoonful left so I had no choice but to ban all caffeine from my flat.

    84. Re:Maybe I haven't been paying attention... by conspirator57 · · Score: 1

      No, freedom = (being treated as an adult that can make the correct decisions). Those people on his flight 30 years ago weren't anarchists. They obeyed the social contract. They also had tools on hand to deal with those who didn't feel like holding up their end of the deal. They also didn't have (and wouldn't tolerate) government shoving a leash so far up their collective a$$es they could taste shoe leather. Which is where we're getting to these days. Orwell was only off by a couple of decades.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    85. Re:Maybe I haven't been paying attention... by conspirator57 · · Score: 1

      Where were you the last 8 years? Cheering on W as he gutted our liberties? While he laid the biggest, most glaring precedents for ignoring the Constitution? Few conservatives have any right to complain now that the big brother government shoe is on the other foot. By the way, how does torture jive with your Christianity?

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    86. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      The FSF does more than encourage. It acts as a clearinghouse for copyrights, which they have accrued quite a few. That is, it's not a pure advocacy group - they have intentionally acquired quite a bit of capital as well.

      By re-organize I meant to include things like splitting the FSF into an "advocacy" part (free speech), and "capital" part, and then absorbing the capital. Or more directly, just nationalizing the copyrights (this has been done before).

      --
      "They were pure niggers." – Noam Chomsky
    87. Re:Maybe I haven't been paying attention... by arth1 · · Score: 1

      In NYC (hardly known for its lax regulations...) an on-premises liquor license (=full bar) costs a staggering $4,352 for two years. $2K/year is nothing.

      That depends on whether it's a main source of income, or a source of income at all.
      It doesn't take a lot of imagination to find situations where you want to serve people very sporadically, or in special situations. You still need the license.

    88. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      If you want to read the same sort of critique, but written clearly, check out Lewis Mumford's "Myth of the Machine", particularly Vol. II.

      Some of it is foggy writing (to cover up the fact that they are re-treading old stuff), but some of it is the critics' willful ignorance to the concerns and questions expressed. A lot of people would say that Maxwell's equations are needlessly complicated and incomprehensible, and they would be wrong. The social and ethical aspects of technology are very real, and we shouldn't ignore them just because we don't have closed form solutions.

      --
      "They were pure niggers." – Noam Chomsky
    89. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0

      If you can't waterboard, waterboard and don't tell anyone.

    90. Re:Maybe I haven't been paying attention... by Aphoxema · · Score: 1

      The "spin" is completely unintended. Those both were merely examples in a long list of groups with the interest of protecting freedom.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    91. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      If you're in New York and worried about $2k/year, it's time to move somewhere else.

      Seriously.

      I can only assume that less strenuous places are cheaper.

      --
      "They were pure niggers." – Noam Chomsky
    92. Re:Maybe I haven't been paying attention... by retchdog · · Score: 1

      I might look at it. I'm starting to read social theory in my old age. I'm still skeptical though, and starting out by referring to The Difference Engine doesn't do much to hook me.

      I wonder how much of modern so-called Marxism, is actually social theory/cultural studies which happens to nucleate around the kernels of ideas Marx happened to spin out. Hmm.

      --
      "They were pure niggers." – Noam Chomsky
    93. Re:Maybe I haven't been paying attention... by mangu · · Score: 1

      You really are going to suggest that Transportation from China is CLOSE in costs to the above, once oil prices rise this summer?

      Yes, I am. It takes roughly from two to five times as much fuel to send cargo by truck from Flagstaff, Arizona, to Los Angeles than from Shanghai to Los Angeles by sea.

    94. Re:Maybe I haven't been paying attention... by Anonymous Coward · · Score: 0

      I think that having alternatives to violence (such as rational discourse) is what makes us a civilized society, rather than a bunch of violent idiots.

      So why do police carry... GUNS?

      Sorry, but the "rule of law" is really just another version of he with the bigger stick wins. It just is cleverly disguised as an alternative.

      But get on the wrong side of the "law", and it's not like they come to your house and have a discussion with you. No, they kick in your door, drag you out of bed half-naked, and shove your face in the dirt.

      At one point in time we hated the idea of having to bow & scrape to royalty just because of who they were. And now we have cops who can simply tell you to get down on your knees, hands behind your back, and guess what you are legally required to do.

      We've traded a Monarchy for an Oligarchy.

    95. Re:Maybe I haven't been paying attention... by Hal_Porter · · Score: 1

      He he, I'd advise you not to say that to a psychiatrist or you'll end up in a mental hospital.

      Still I suppose that's more evidence of a conspiracy, right? You remind me of a line in Terminator where the psychiatrist says it's fascinating how intricate delusions are and how there is no external evidence needed to prove anything.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    96. Re:Maybe I haven't been paying attention... by Dutchmaan · · Score: 1

      Orwell was only off by a couple of decades.

      Ironic, I was saying that only a few years ago! and I was addressing the point of freedom being 'absolute' not about 'social contracts' which would be 'slavery' according to the previous poster.

    97. Re:Maybe I haven't been paying attention... by conspirator57 · · Score: 1

      Only sociopaths believe that their freedom is absolute. One's freedom ends where the freedom of others begins. The social contract is the general agreement to recognize and limit one's behaviors so as to not violate the freedom of others. In my case I participate because I believe in natural rights. Many utilitarians participate (at least publicly) because they see that it's the best shake for them in a world wherein there is always a bigger fish. It's a pretty robust and supple system if allowed to function properly. I believe that persistent risk of personal harm is necessary to keep some members of society who begrudgingly participate from violating my (and others') freedoms. The odd chance of an employee of the designated governing power being present and intervening in a crime (violation of my freedom by another citizen) perpetrated against me is too tenuous and unlikely to be sustainable in the long run and will allow too many instant cases of injustice on its way.

      And no, there is no slavery involved here. You and the poster you replied to have very different expectations of normal social behavior. You seem to perceive the *presence* of another armed individual who is not an employee of the designated governing group as an incursion on your freedom. It is not. He views the disallowance of weapons as stripping him of his protection from crime at his destination (and however remotely possible, on the flight). He is correct, and the current prohibitions don't make much sense. If a significant portion of travelers were armed, then one may suppose that they will be sufficiently interested in the continuance of their lives to take action against criminals bent on taking theirs and others'.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    98. Re:Maybe I haven't been paying attention... by Dutchmaan · · Score: 1

      I believe that persistent risk of personal harm is necessary to keep some members of society who begrudgingly participate from violating my (and others') freedoms.

      You and the poster you replied to have very different expectations of normal social behavior. You seem to perceive the *presence* of another armed individual who is not an employee of the designated governing group as an incursion on your freedom. It is not. He views the disallowance of weapons as stripping him of his protection from crime at his destination (and however remotely possible, on the flight). He is correct, and the current prohibitions don't make much sense. If a significant portion of travelers were armed, then one may suppose that they will be sufficiently interested in the continuance of their lives to take action against criminals bent on taking theirs and others'.

      I think you're making a few assumptions about people in general here that are false. First of all you are making the assumption that you being armed is an affront to my freedom. It isn't, it's an affront to safety. Secondly you make an assumption that if everyone were armed then those who would seek to do harm would be interested in the continuance of thier lives. This is also a falsehood in todays current climate. Those who would seek to do harm in the situation you're likely describing care nothing more than completing a 'mission' with no regards to their own lives. I know you'll follow up with 'armed people could prohibit said criminals from completing their tasks. I'll save you the trouble of argument on that one and tell you I'm going to disagree and that we're going to have to agree to disagree. It is also equally likely that since we are both probably US citizens on opposite ends of the political spectrum unwilling to change our positions that we will simply cancel each other out politically speaking. However that being said, I will agree on one minor point. That current restrictions do border on the ridiculous and common sense is needed as much as increased security. I see too much inflexibility these days regarding overly analyzed rules and regulations.

    99. Re:Maybe I haven't been paying attention... by conspirator57 · · Score: 1

      It isn't, it's an affront to safety.

      No more so than say, mayors goofing around with assault rifles. http://freedominourtime.blogspot.com/2008/02/restoring-right-to-resist.html

      In fact, I would guess that there are many fewer fatalities due to accidents with guns than with cars. So why not take away everyone's car? Both guns and cars provide utility. For brevity, I will cut short the reductio ad absurdam.

      In any case, your desire to prevent me or anyone else from having a gun infringes on the freedoms of others predicated on a perceived risk, not on a committed crime, and thus you prejudge people before they have in fact comitted a crime which is generally a no-no.

      And besides which, your safety concerns (if they were genuinely only safety concerns) would easily be remedied by civilian firearms training programs. These are required by several states, especially for concealed carry permits. If you would still see this as a safety issue even with adequate training (whatever that may be), why don't you feel the same about government employees having those weapons? I grew up in DC and I feel a vague sense of unease when an armed government employee is in close proximity. Perhaps this is because I've been around much more police violence than you have. But surely you remember Rodney King.

      Secondly you make an assumption that if everyone were armed then those who would seek to do harm would be interested in the continuance of thier lives. This is also a falsehood in todays current climate. Those who would seek to do harm in the situation you're likely describing care nothing more than completing a 'mission' with no regards to their own lives.

      Here you misread my argument. The vast majority of crime is still robbery/rape/etc. and is motivated by self-interested greed/power hunger. These are people to whom death may not scare to the same extent it scares most people in our society, but these are not suicidal people in general. My argument in its main is directed at what a traveler would do to protect him/herself in their destination after the flight (though yes, armed people will also protect their lives against those unconcerned with the loss of their own). It is sad that people believe that they are safer when frequently apathetic "public servants" and criminals have weapons. This next link is only a sample of what is beginning to happen as we entrust more of our safety to people in government. http://www.newsvine.com/_question/2009/04/08/2656511-did-transit-workers-do-enough-in-subway-rape-case

      And that's when the police themselves aren't the criminals: http://www.lewrockwell.com/grigg/grigg-w84.html
      Or inciting/perpetrating violence at demonstrations and trying to cover it up. http://digg.com/world_news/British_police_kill_passer_by_at_London_G20_protests_Video

      The answer is that we must each take responsibility for our own safety to a large extent.

      As far as "opposite ends of the political spectrum" goes, you may be right, but only if you're of the socialist-fascism bent rather than the socialist bent. I'm (as you should be able to tell from my posting history) also very much against the majority of the acts of the Republicans in the last decade. I am a civil libertarian on all fronts.

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
  3. Only Terrorists... by nurb432 · · Score: 2, Funny

    ...support piracy, so the FSF must be a terrorist organization, right?

    --
    ---- Booth was a patriot ----
    1. Re:Only Terrorists... by Anonymous Coward · · Score: 2

      Whoever said that the FSF supports piracy?

    2. Re:Only Terrorists... by Anonymous Coward · · Score: 2, Funny

      Didn't you read their name? It's the Free Software Foundation. Who's going to give away free software??? Obviously they support piracy.

    3. Re:Only Terrorists... by Anonymous Coward · · Score: 0

      ...support piracy, so the FSF must be a terrorist organization, right?

      Bin Laden has a beard, so does Richard Stallman. . .zOMG!!!

    4. Re:Only Terrorists... by Anonymous Coward · · Score: 1, Funny

      Aha! It's all making sense now -- and Stallman's beard is the final proof...

    5. Re:Only Terrorists... by Nefarious+Wheel · · Score: 4, Informative

      I read the 9-page brief, then I went to www.fsf.org (after adding the third "w" - more evidence the RIAA fails simple maths) and read their front page. Nowhere does it advocate infringing copyright. Nothing can be construed as a recommendation to violate the law or infringe on other people's rights. Nothing. I see the liberal use of terms such as "free" and "open" and other keywords of the dream of American democracy. I may see a little bit of throwback to Tom Paine and Ben Franklin, ancient and pernicious bomb-throwing anarchists that they were, but I see nothing that advocates moving to the dark side of the law.

      I don't support RIAA music for the same reason I won't watch The Sopranos. Mafiosi scare me.

      --
      Do not mock my vision of impractical footwear
    6. Re:Only Terrorists... by Aphoxema · · Score: 1

      I like The Pirate Bay. I like the Free Software Foundation. Because I like both, they must be directly related to each other.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    7. Re:Only Terrorists... by Aphoxema · · Score: 1

      Didn't you know? His name is Richard Muhammed Stallman, that means he must be a terrorist.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    8. Re:Only Terrorists... by Nefarious+Wheel · · Score: 1

      Bin Laden has a beard, so does Richard Stallman. . .zOMG!!!

      Well, so do I! Muahahaha! And we, the People of the Secret Society of Bearded Geeks and Sympathizers intend to hold the entire world to ransom for -- (breathy pause) -- One. Million. Dollars!!!

      --
      Do not mock my vision of impractical footwear
    9. Re:Only Terrorists... by networkBoy · · Score: 1

      but at least they prevent global warming...

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    10. Re:Only Terrorists... by networkBoy · · Score: 1

      um...
      I missed the memo about the secret organization. I just shaved my beard off yesterday.

      I'll commence growing it back immediately.

      On a separate note, my co-workers indicated that my creepy/scary factor just went up several points upon shaving my face clean...

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    11. Re:Only Terrorists... by AlamedaStone · · Score: 1

      I love the word 'pernicious'. Thank you for using it.

      And to stay on-topic - thanks for the update Ray! I see you posted a response, I'll go check that out now.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    12. Re:Only Terrorists... by Anonymous Coward · · Score: 0

      On a separate note, my co-workers indicated that my creepy/scary factor just went up several points upon shaving my face clean.

      Why? Did shaving your beard reveal tattoos professing your allegiance to Charles Manson, al Quaida, and/or Freddy Krueger? Or perhaps it revealed torture and burn scars inflicted by your psychotic older sibling?

    13. Re:Only Terrorists... by Forrest+Kyle · · Score: 0

      The dream of American democracy? The founding fathers abhorred democracy, rightly knowing that it was institutionalized amoral mob rule. We are a republic with binding foundational principles of liberty which, quite undemocratically, cannot be simply voted away.

    14. Re:Only Terrorists... by reddburn · · Score: 1
      I agree, and it irks me when people blather on about our founders & democratic principles. Here's the citation, people:

      Article IV, Section 4 - Republican Government
      The United States shall guarantee to every State in this Union a Republican Form of Government...

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    15. Re:Only Terrorists... by tixxit · · Score: 1

      Nowhere does it advocate infringing copyright.

      Yeah, it is actually the exact opposite. The FSF's licenses rely on copyrights. Hell, even the BSD license relies on copyrights to ensure people attribute the work. Free software is all about maintaining copyrights, it just that the copyrights permitted are substantially different then the usual "you can't copy this." Apparently that RIAA lawyer doesn't quite get this.

    16. Re:Only Terrorists... by csartanis · · Score: 1

      ...the same reason I won't watch The Sopranos. Mafiosi scare me.

      You really should, its a good show.

    17. Re:Only Terrorists... by mdielmann · · Score: 1

      I don't support RIAA music for the same reason I won't watch The Sopranos. Mafiosi scare me.

      I didn't watch The Sopranos because there was too much talking and whining about people's feelings. It's like having an extra wife who doesn't listen to you and won't have sex with you. Oh, wait.

      ...
      What were we talking about again?

      --
      Sure I'm paranoid, but am I paranoid enough?
    18. Re:Only Terrorists... by NewYorkCountryLawyer · · Score: 1

      I don't support RIAA music for the same reason I won't watch The Sopranos. Mafiosi scare me.

      I didn't watch The Sopranos because there was too much talking and whining about people's feelings.

      I didn't watch The Sopranos because I don't have HBO.

      Er, isn't this a little off topic?

      --
      Ray Beckerman +5 Insightful
  4. Their aim is improving by Torodung · · Score: 1

    It seems the RIAA is getting better at picking targets. Your job just became harder, NYCL. They *can* learn.

    --
    Toro

    1. Re:Their aim is improving by Opportunist · · Score: 5, Insightful

      Targeting lawyers instead of, say, people who don't even know how to defend is "getting better at picking targets" when it comes to law suits that are not far from simple harrassment?

      Dunno if I can follow your train of thought.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Their aim is improving by Skuld-Chan · · Score: 1

      I would agree fully - the mpaa/riaa in the past have only been successful only because they have picked on people who cannot defend themselves or do not understand how to do so.

    3. Re:Their aim is improving by Miseph · · Score: 4, Insightful

      NYCL is not just a harder target to hit, he is also a much more valuable one. If the RIAA can take him out of the equation, then they can go back to pushing around children and crippled grandmothers, but like any bully they can't properly operate with anyone actually standing up to them.

      What comes next is the lawyer equivalent of meeting at the playground after school. If the RIAA can put enough hurt on NYCL, RMS and anyone else who has been willing to take a stand, then they go back to stealing lunch money... otherwise it is quite likely that they'll be shown for puffed up cowards and never be taken seriously again.

      --
      Try not to take me more seriously than I take myself.
    4. Re:Their aim is improving by bluefoxlucid · · Score: 1

      The problem is they have larger and larger amounts of cases stacking against them, meaning whatever his name is can stand up to them again and again (yeah, double jeopardy doesn't work here); introduce new evidence in appeals; etc. Sure those cases may be ones they WIN; but the exercise here is to show that their behavior is incorrect and that the damages awarded are incorrect.

      If you download 27 songs and have to pay the RIAA 27 million dollars in damages, that's a million bucks a song! Eventually someone is going to say, "Holy shit, you're right, the courts said this is fine, the law says this is fine, but it's FUCKED UP!"

      Judges have a habit of writing out their opinions for the future review of other judges, too. They may decide a prior judgment against a prior case 100 years ago was in a totally different context; or that the law doesn't state certain mandatory punishments, and the constitution DEMANDS proportional punishment; or that the previous judge was just wrong. After this point, your argument becomes siding with the court and theirs siding against the court. Mind you, if you eventually get called on just filing malicious lawsuits and manipulating the courts (think RIAA extortion tactics), you can be flat out banned from filing civil suits EVER AGAiN, for ANY reason, because of egregious abuse (just like we can lock you in a tiny room for years because you abused your right to be free in public).

    5. Re:Their aim is improving by Torodung · · Score: 2, Insightful

      In a legal action, a legally qualified target can often have less latitude afforded them in their defense than unqualified targets.

      Going after NYCL for, say, defamation not only ties up a thorn in their side in a court case, but is harder to defend because it is expected that NYCL should know the law precisely.

      The idea that "ignorance of the law is not a defense" may be true, but only in a criminal suit, it affords you some breathing room in a civil suit, to my knowledge.

      Going after the FSF gets them money from places other than the recording industry, if it is believed credible. Stallman has pissed off a few too many corporate magnates, and they have money and the will. Microsoft might put cash into this, for instance.

      Seriously, the game just got kicked up a notch, and it is possible for the RIAA to prevail simply because of the "torrents" of money they might receive from these sorts of actions. Justice can be bought.

      The opening is over. The average Joe is undoubtedly aware that copying is illegal, and will no longer be afforded any breathing room. It's time for mid-game. They're trying to take down Joe's advocates.

      Watch out. There are many more gambits to be played. This is a long game.

      --
      Toro

  5. "anti-recording industry website" by willoughby · · Score: 5, Insightful

    You say that as if it's a bad thing.

    1. Re:"anti-recording industry website" by TheRaven64 · · Score: 5, Insightful

      Much as I dislike the RIAA, an organisation 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs' actually sounds like a pretty fair description of the FSF. Of course, they fail to mention that the FSF is dedicated to doing this through legal means.

      --
      I am TheRaven on Soylent News
    2. Re:"anti-recording industry website" by Jah-Wren+Ryel · · Score: 4, Insightful

      Of course, they fail to mention that the FSF is dedicated to doing this through legal means.

      Hell, it isn't just through legal means, it is through practising what they preach with their own creations. Something RIAA members haven't been so keen to do themselves what with all of their shady accounting schemes to bilk creators out of their copyrights.

      --
      When information is power, privacy is freedom.
    3. Re:"anti-recording industry website" by zoips · · Score: 4, Insightful

      Without copyright law, the FSF would no longer be able to achieve its goals. With no copyright, everything is either trade secret or public domain. I fail to see how that ensures that end users will always have access to the source of the programs they use in order to update them.

      Unless, of course, I've completely misunderstood the FSF's goals. Which is entirely possible.

    4. Re:"anti-recording industry website" by gerddie · · Score: 4, Insightful

      Considering (L)GPL 2 and even more 3 and all the BSD vs GPL flame wars, it seems to me that the FSF puts some pretty strong restrictions on copying, modifying, and redistributing software. Actually, it's exactly that set of restrictions that lets me choose the GPL over the BSD License nearly all the time.

    5. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      Well, because shorn of monopoly support for closed source software, it'd be competing against source-available in a free market.

      Now, there's one born every minute, so closed source would survive, but for everyone with an ounce of sense, given the choice between a freely copyable (no copyright remember) binary-only program and a freely-copyable equivalent (I'm assuming illegality of reverse-engineering goes away too, I guess one could have an absurd situation where it's legal to copy but not look at what you're copying, and in the US in particular patents might be relevant too) source-available program, they're going to pick the one with source.

    6. Re:"anti-recording industry website" by swilver · · Score: 1

      Without copyright though closed source programs of any significant value won't remain closed source for long. It would be legal to decompile them directly (no cumbersome reverse engineering necessary), and relevant parts could be transplanted in software true to the ideals of the GPL easily enough -- (ie, no need to decompile a MP3 player completely, just the decoding/encoding parts can be transplanted in an open source player).

      Granted, the GPL does make this easier for extensions on software already licensed under the GPL, but having no copyrights at all to worry about would pave the way for other means of providing free software.

    7. Re:"anti-recording industry website" by Thorsten+Timberlake · · Score: 1

      It's also that set of restrictions that won't let me release VST plug-ins using Juce, Agg 2.5 and a number of other nice GPL'ed projects, as much as I'd like to release my own source under GPL.

      Or, rather it's the combination of those restrictions, and the fact that Steinberg won't allow the vstsdk headers to be distributed freely, even though anyone can download them off their site.

      Either way, it means less source is released under the GPL.

    8. Re:"anti-recording industry website" by FeriteCore · · Score: 2, Insightful

      There are two senses of the word "legal means" in English. One is "means that are in conformance with or allowed by law". The other is "by means of judicial process".

      My observation is that the FSF is in it both ways.

    9. Re:"anti-recording industry website" by phantomfive · · Score: 1

      The goal of the FSF was essentially to make a free software system for those who wanted it. It turned out that the GPL can be a potent tool for convincing other people to open their software as well, but even without copyright law, they would still have a system that is completely free for them to use. They don't try to force people to open their code if they don't want to, they try to convince them that it is the best way. Sometimes the GPL is a big stick in that convincing process.

      In summary: without copyright law, the GPL would be useless, but the FSF would still have a purpose.

      --
      Qxe4
    10. Re:"anti-recording industry website" by Marillion · · Score: 1

      What their brief really shows is that there are groups of people who believe that Copyright exists as a copy protection system. For that matter, the same is true of Patents and Trade Marks insofar as they're often used to restrict how people use what they protect. In short, they believe that Copyright exists to make the works protected by copyright proprietary.

      This isn't the first time this has happened. In the early days of the SCO/IBM lawsuit (Dec, 2003), Daryl McBride declared that the GPL was unconstitutional because it tries to make intellectual property non-proprietary which is contrary to the purpose of Copyright.

      These people sincerely believe the only use for Copyright is a proprietary use. They also lobby governments.

      What we need to do, is to assert and evangelize our belief that Copyright is the limited right to choose the terms and conditions under which anyone can copy, redistribute or derive our works. And we should defend our right to choose either proprietary terms, non-proprietary terms or something in between that balances the benefits of both. We should explain the benefits of non-proprietary licensing. We should also not be hypocrites and demand others respect a non-proprietary license, while at the same time, disdaining and circumventing proprietary licenses.

      --
      This is a boring sig
    11. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      No, you did get it right. But I think it's better to take "trade secret" over "copyrighted material" any day -- trade secret status is bit like virginity; when it's lost it's lost. Copyright is forever, with the current interpretation.

    12. Re:"anti-recording industry website" by Todd+Knarr · · Score: 4, Insightful

      Actually they place only one restriction on it: if you want to copy, modify and redistribute my software, you may not give recipients any fewer rights to do so themselves than you received from me. Well, perhaps two: and you may not "forget" to tell them they have those rights.

      Which, come to think of it, is probably a pretty draconian restriction to a certain group who want to play with everybody else's toys but don't want anybody to play with theirs. It's amusing how many issues today look to me an awful lot like the one bratty kid in the sandbox.

    13. Re:"anti-recording industry website" by againjj · · Score: 2, Informative

      KutuluWare said it well:

      [...]

      What RMS and ideologically similar people have proposed is this: software should not be covered under copyright law. You can see this ideal most clearly if you head over to http://www.gnu.org/philosophy/philosophy.html and read the two articles called "Why Software Should {Be Free,Not Have Owners}". While I disagree with his philosophy, he makes a pretty solid empirical case for why software should not be "owned" in the same sense that books are "owned" by their author or art is "owned" by the artist.

      [... A] key point about the GPL and why it exists: because there is copyright law, the FSF must use copyright law to accomplish their goals. If software was suddenly declared ineligible for copyright, there'd be no need for the GPL because no proprietary software company could prevent people with access to their source code from modifying or redistributing it, nor could they prevent people from modifying or distributing binary copies of the software. This is a small step back from the current state where the group of people with access to the GPL'd source code includes everyone with a copy of the binary, but it's a giant leap forward in eliminating all the complex legal issues around who can copy what and where.

    14. Re:"anti-recording industry website" by Chris+Acheson · · Score: 2, Informative

      Without copyright, there'd be no proprietary software, by definition. The competition would then be between FOSS and closed-source "freeware", with FOSS having a clear competitive advantage.

    15. Re:"anti-recording industry website" by drinkypoo · · Score: 1

      Much as I dislike the RIAA, an organisation 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs' actually sounds like a pretty fair description of the FSF.

      This is pure nonsense. The GPL is powered by copyright and restates specific restrictions on redistribution.

      You have completely failed to understand the situation vis-a-vis Free and Open Software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      You need laws if you want open-source software, but they don't need to be copyright laws. A simple legislative requirement: "If you're selling software, you have to publish the source." would do the trick.

      The GPL is just a hack to implement this requirement using existing copyright law.

    17. Re:"anti-recording industry website" by martin-boundary · · Score: 1

      With no copyright, everything is either trade secret or public domain.

      This is true for all of five minutes, while people begin to realize what is possible to do in a copyrightless world.

      Consider the transition between a world where slavery is legal, and one where it isn't. It's a momentous change and the consequences are extremely hard to predict. The transition from copyright to no copyright is equally momentous.

      Suppose that copyright is abolished tomorrow. In that case, it becomes legal to share pieces of paper with text on it. So you can email an engineer, and ask for a specsheet and he can just give it to you without having to ask his superiors. You can also ask a janitor to make copies of pieces of paper around the office at night, and he can do so legally.

      Now, perhaps you think that companies will slap the label "trade secret" on everything and that will solve the problem. They can't do that, because that's only pretending to have trade secrets. They have to take active steps to reasonably protect whatever they call their secrets (security, encryption, safes, etc) which is expensive. And even then, in a world where copying pieces of paper is perfectly legal, sueing people for a breach is difficult, when all they did was copy pieces of paper.

      So maintaining a trade secret is probably even more expensive in the copyrightless world than in our world: a company will effectively have to pay their key employees more than they do now, and these people get essenially employment guarantees for life. Which is good for employees and not so good for profit driven corporations.

      Now companies will also think long and hard about what to call a "trade secret", it will have to be worth the cost of protection: safes, security, etc. The result will be that there will end up being few trade secrets, most things won't be. Which makes for a more open society.

      It's highly likely that the source code for open source apps won't be made a trade secret to begin with, and is unlikely to become one over time, as the added costs of secrecy won't justify it.

      I don't know what a copyrightless world would look like in toto, but I'm pretty sure it cannot be predicted by assuming that copyright is gone, and yet people continue to behave in the same way as if copyright was still around.

    18. Re:"anti-recording industry website" by bluefoxlucid · · Score: 1

      You have no idea what you're talking about. Decompiling is physically impossible except for shoddily implemented language virtual machines like Java. Optimization strips down and mangles the output computer code so bad, you can't even recognize its structure; decompilers exist, but they create a crude representation of the program's overall logic to speed reverse engineering.

    19. Re:"anti-recording industry website" by Onymous+Coward · · Score: 1

      Please don't forget that RMS does believe in copyright for certain uses.

      It's easy to get a simplistic (simplistic == "too simple") understanding of his and the FSF's positions.

    20. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      However, the FSF's aim with that is to impose restrictions on restrictions (DRM, TCPA), hoping that they can thus promote Stallman's 'Four Freedoms' of software development. Calling restrictions on restrictions restrictive is misleading.

    21. Re:"anti-recording industry website" by Josh+Triplett · · Score: 1

      The FSF has said on more than one occasion that if copyright restrictions went away they'd happily rejoice, regardless of the impact of that on the GPL.

      Furthermore,

    22. Re:"anti-recording industry website" by Josh+Triplett · · Score: 1

      "Furthermore,", once people have the ability to copy programs freely, it seems likely that the market for massively duplicated proprietary programs will go away in favor of a market for custom software development and support.

    23. Re:"anti-recording industry website" by Pentium100 · · Score: 2, Insightful

      Since I am not a programmer, I would pick a program that would better suit my needs. I do not really care about the availability of the source code (I wouldn't be able to understand or modify the program, unless it was written in Delphi7).

    24. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      Check out the GPL, VST-compatible headers provided by dssi-vst: aeffectx.h. Maybe you can build against this to work around Steinberg's restrictions.

    25. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      Calling restrictions on restrictions restrictive is misleading.

      No more so than calling restrictions on release terms "freedom".

    26. Re:"anti-recording industry website" by jonaskoelker · · Score: 1

      Unless, of course, I've completely misunderstood the FSF's goals.

      I don't think you have.

      I fail to see how that ensures that end users will always have access to the source of the programs they use in order to update them.

      The world has three possible states: failure ensured, success ensured, both possible.

      The GPL is a license that attempts to be "success ensured", at least for software covered by it.

      Non-copyleft free software licenses, especially the very permissive ones (MIT/BSD/X11, and public domain*) are "success possible" territory: it's possible for you to get the source code and all the freedoms. It's also possible for someone else to extend the software and give you only a binary blob and fewer freedoms (that would be a failure, from FSF's viewpoint).

      The non-free licenses are a "failure ensured" scenario: you don't have the freedoms and you can't gain them.

      Now, the '*' next to public domain needs explanation: public domain is not a license, but the absence of the need for a license. The practical upshot is that you have pretty much every imaginable freedom to use a public domain work (much like a permissive license), including the freedom to relicense under a more restrictive license.

      So! If there were no copyright law and everything was effectively public domain (but without the option of relicense), it would essentially be the same as if everything was BSD/MIT/X11-licensed:

      • everyone is free to do whatever they want with the code
      • no one is compelled to give anyone any source code

      Instead of having the ability to enforce copyright law, the FSF would have to do something else to make people share source code.

    27. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      It is also an ad hominem attack. It may be true, but it is irrelevant to the legal merit of any argument that the FSF puts forward. It is no different than if the FSF were to argue that any legal arguments made by the RIAA should be ignored because they are an organization dedicated to maximizing proprietary rights, eliminating fair use, and opposing any sort of balance in copyright. For that matter, one could just as well argue that legal arguments made by lawyers are invalid because they are dedicated to promoting the interests of their client. But none of these things are relevant to the merits of the arguments themselves.

    28. Re:"anti-recording industry website" by Anonymous Coward · · Score: 0

      termed the FSF an organization 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs,'

      That's like saying that the Women's Suffrage movement was an organization "dedicated to eliminating restrictions on influencing, modifying, or otherwise tampering with the public voting records".

    29. Re:"anti-recording industry website" by mdielmann · · Score: 1

      And because of that structure, it does have its place, and value in that place. But there was a reason the BSD-licensed TCP stack ended up in Windows, and that benefited more than just MS and Windows users. Which is a point worth considering.

      --
      Sure I'm paranoid, but am I paranoid enough?
  6. Over-reaching much? by clang_jangle · · Score: 1

    The RIAA is way over-reaching itself, and a vicious backlash would appear inevitable if they don't learn to at least tone it down a bit. I'm kind of amazed they've gotten this far with virtually nothing but a bully's bluster.

    --
    Caveat Utilitor
    1. Re:Over-reaching much? by MrEricSir · · Score: 4, Insightful

      You describe the backlash as though it hasn't already happened. Remember Tower Records? Virgin Megastore?

      The music industry is dying, and this is their last stand.

      --
      There's no -1 for "I don't get it."
    2. Re:Over-reaching much? by Anonymous Coward · · Score: 0

      I fear the day someone makes a video game with shitty graphics depicting the RIAA with a raging boner dodging legal paperwork and raping a woman from the FSF.

      I may not be able to suppress my urge to vomit while laughing, which could cause me to drown.

      I'm going to proactively sue the RIAA for my untimely death.

    3. Re:Over-reaching much? by Nefarious+Wheel · · Score: 4, Insightful

      The music industry is dying, and this is their last stand.

      You are correct. The existing music industry infrastructure is dying. Music won't.

      --
      Do not mock my vision of impractical footwear
    4. Re:Over-reaching much? by MrEricSir · · Score: 1

      I never say music was dying. I'm not some liberal arts major, I don't make bonehead philosophical statements.

      --
      There's no -1 for "I don't get it."
    5. Re:Over-reaching much? by rubycodez · · Score: 4, Insightful

      the art of music in western civilization may even come alive again if we can get rid of these cartels.

    6. Re:Over-reaching much? by Anonymous Coward · · Score: 0

      The music industry is not dying, it is merely changing form. If it were truly dying, then we'd be facing the end of music. Music is everywhere - even places you don't want to hear it (why do I have to listen to Celine Dion while I'm in an airport crapper, for example?). People pay ridiculous amounts of money to see large venue concerts. There are small clubs, big clubs, wedding bands, professional orchestras, opera, TV shows, thousands of radio stations, internet radio, mp3's, youtube mashups. Where this "music industry is dying" meme come from? From a specific small segment of the total industry - a particularly loud and obnoxious segment - but a small segment nonetheless. When they are gone, no one will even really notice.

    7. Re:Over-reaching much? by Anonymous Coward · · Score: 0

      The music industry is dying, and this is their last stand.

      You are correct. The existing music industry infrastructure is dying. Music won't.

      No, no. I think you are wrong. Dead wrong.

      In fact, someone should write a song about it. Yeah. "The Day The Music Died" or something. I bet it might sell a few copies!

    8. Re:Over-reaching much? by bluefoxlucid · · Score: 1

      music has already been killed by the industrialization of this process, they manufacture shit. Music is not a manufactured good; what we have is a stale abomination. Bands like Dragon Force, Sonata Arctica, and Tool show the last breath that real music has; and when the industry falls, others like them will rise up, with varied, explosive ideas, some you'll hate but others will love, and some others will hate but you'll love. Music will live again.

    9. Re:Over-reaching much? by Full+Metal+Jackass · · Score: 1

      The existing music industry infrastructure is dying. Music won't.

      So, if I understand you correctly, you seem to be saying "You can't stop the music." Can nobody stop the music?

    10. Re:Over-reaching much? by s1lverl0rd · · Score: 0

      I was a lonely teenage broncin' buck
      With a pink carnation and a pickup truck,
      But I knew I was out of luck
      The day the music died.

  7. Bias? by anjilslaire · · Score: 5, Interesting

    'open and virulent bias against copyrights' and 'blatant bias' against the record companies.

    Funny. I always thought the RIAA has an open and blatant bias against Fair Use. (yes, I know file sharing is not F/U, but those guys don't even want you copying your own stuff even if you never share it)

    1. Re:Bias? by jedidiah · · Score: 1

      The other side in an adversarial system has a fundemental ideological problem with you. Imagine that.

      Time to call out captain obvious.

      When you can't argue the law any more, just start name calling.

      Brillliant...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Bias? by Anonymous Coward · · Score: 0

      i always thought the RIAA was an open sore.

    3. Re:Bias? by digitalunity · · Score: 1

      This is a pretty fundamental problem for the RIAA. Most systems that allow listeners to use their fair use rights will also allow blanket copyright infringement.

      DRM wasn't a good solution and really was a driving force for a lot of people I know to copy music.

      I want my music in my car, on my shuffle, on my computer and who knows, maybe a little more on my flash card for when I'm at school and my shuffle is at home. RIAA would choose me to pay for each of those uses individually.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    4. Re:Bias? by Aphoxema · · Score: 0, Troll

      HAH HAH HAH! It's funny because it's like saying Open Source! HAH HAH HAH!

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    5. Re:Bias? by dbs1uk · · Score: 1

      Before you know it they'll be banning the playing of your own music in case someone else hears and records it.

    6. Re:Bias? by Zontar+The+Mindless · · Score: 1

      Funny. I always thought the RIAA has an open and blatant bias against Fair Use.

      No, they just define the "Fair" part of it as "Lining our pockets".

      --
      Il n'y a pas de Planet B.
  8. Anti-Copyright? by Kelson · · Score: 5, Insightful

    The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement.

    So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

    1. Re:Anti-Copyright? by noidentity · · Score: 2, Funny

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement.

      Yep; they should have criticized those BSD people for their license which basically allows an author to turn his work into the virtual equivalent of that nasty abomination that is known as public domain!

    2. Re:Anti-Copyright? by amorsen · · Score: 1

      I believe you're wrong. GPL depends on copyright, but at least originally, the FSF would have been happy to lose the protection of the GPL by copyright on software being abolished. Indeed, I believe that is still the case, but I don't speak for the FSF.

      --
      Finally! A year of moderation! Ready for 2019?
    3. Re:Anti-Copyright? by Opportunist · · Score: 1

      And from their record of suits so far, it's really hard to tell which one it actually is now. My guess is that it's a little of everything.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Anti-Copyright? by Anonymous Coward · · Score: 0

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement.

      So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      Or it could demonstrate that they've read more of the FSF's works than just the GPL. Their very clear stance is that preventing copying and preventing modification are wrong. While it is amusing that they use their own legal privilege of refusing to let people copy their work to push others to permit copying and modification, that doesn't mean that they like copyright.

    5. Re:Anti-Copyright? by EvanED · · Score: 1

      The GPL does depend on copyright, but they are using it as a means to an end in some sense. They would rather have software copyrights abolished entirely than keep the GPL around.

      So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      I'd say your comment illustrates one of those things on your part; the RIAA's description in that part is actually pretty accurate.

    6. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 5, Insightful

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement. So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      Picky picky.

      The truth has never been seen as an obstacle by the RIAA's lawyers.

      --
      Ray Beckerman +5 Insightful
    7. Re:Anti-Copyright? by rts008 · · Score: 2, Insightful

      So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      That may well become the 'classic understatement of the year'...it is a strong contender...win, lose, or draw.

      BTW, well said. I did not mean/imply any sarcasm in my above comment!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    8. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 5, Funny

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement. So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      I agree with the first sentence of your comment. As to the second sentence, I question your use of the word "or". The correct word should be "and". With that minor correction.... respect.

      --
      Ray Beckerman +5 Insightful
    9. Re:Anti-Copyright? by tchuladdiass · · Score: 1

      If that's the case, then why don't they use a BSD-like license? Because that's all they will have if copyrights are eliminated -- anyone can take FSF code, modify it, and lock away their modifications.

    10. Re:Anti-Copyright? by whiledo · · Score: 3, Informative

      Not really. FSF created the GPL to use copyright to enable it to specify the terms to keep code open and free. If there were no such thing as copyright, there would be no need for the GPL in the eyes of the FSF (or, at least, in its founder's eyes). I think it's pretty safe to say RMS would agree that he has an "open and virulent bias against copyrights." Actually, he'd probably be more likely to not say that, but to turn it around on you and accuse you of having an "open and virulent bias against freedom"... Here's an excerpt from the summary of his upcoming speech in Austin:

      Copyright developed in the age of the printing press, and was designed to fit with the system of centralized copying imposed by the printing press. But the copyright system does not fit well with computer networks, and only draconian punishments can enforce it.

      Stallman would, if he had his way, abolish copyright as we know it and replace it with a system that forbids closed source and gives users rights to modify and share source code. This really isn't the same thing as what we call "copyright." But this is unlikely to happen, so the GPL uses copyright law against itself to try to guarantee some of those things for code that is GPL licensed.

      --
      Moderators: Before moderating a comment Insightful/Informative, check to see if a child post has already refuted it.
    11. Re:Anti-Copyright? by EvanED · · Score: 2, Informative

      If that's the case, then why don't they use a BSD-like license? Because that's all they will have if copyrights are eliminated -- anyone can take FSF code, modify it, and lock away their modifications.

      In such a world, the "locking away" would be through technical, not legal, means. If someone did that, you could still reverse engineer their software, distribute their software, etc., but this wouldn't be possible today with the BSD license.

    12. Re:Anti-Copyright? by hedwards · · Score: 1

      In practice it doesn't work that way, it's just way too expensive to keep it locked away especially when one is merging in bug fixes and improvements.

      Sure people can do that with the BSD license, it's just terribly impractical.

      But hey, you can even do it with the GPL, you just don't redistribute the binaries outside of the organization.

    13. Re:Anti-Copyright? by novakyu · · Score: 1

      If that's the case, then why don't they use a BSD-like license? Because that's all they will have if copyrights are eliminated -- anyone can take FSF code, modify it, and lock away their modifications.

      Because BSD-like license will not motivate the big players to abolish copyright. The only way to get traditional backers of copyright to oppose copyright on certain things is to poison it—and copyleft is exactly that. If enough software libraries and tools are under copyleft, and the big players want to use them without putting their own work under copyleft (or paying for separate license, if such option is available), then the only way is to abolish copyright.

      Using BSD-like license (which is little better than just putting it in public domain) will just let the big players keep trampling on you.

    14. Re:Anti-Copyright? by hedwards · · Score: 4, Insightful

      Heh, I just want them to stop this nonsense so I can go back and buy some CDs. With all the time this is stretching out there's a huge number of albums that I haven't been able to buy without breaking my boycott.

      But, I'm sure they've just recharacterized that tiny drop in sales as "due to pirates" and used it as an excuse to waste even more money on piracy prevention and buying elected officials.

    15. Re:Anti-Copyright? by novakyu · · Score: 1

      the FSF would have been happy to lose the protection of the GPL by copyright on software being abolished. Indeed, I believe that is still the case, but I don't speak for the FSF.

      Well, I don't speak for FSF either, but I will say that I support FSF because I also believe that FSF would rather see copyright (at least ones on software) abolished than to keep its leverage of copyleft.

      If I ever see evidence that's not the case, well, FSF would lose my support.

    16. Re:Anti-Copyright? by Anonymous Coward · · Score: 2, Insightful
      That's more of their current means of achieving their goals. I'm a GPLv3 fanboy, but remember that the FSF talk about user rights for a reason -- they think that it's antisocial to restrict people from copying software of all types (including proprietary). The only way to achieve this is to enshrine the GPL rights of users in law. Then there's no need for the GPL because it's the law. This is an extremely impractical approach though, so the GPL is the pragmatic approach of ensuring user rights.

      Everything in the GPLv3 is intentional (well, aside from bugs/loopholes). That means that the so-called 'viral' aspect of the GPLv3 are of course by design. This is a good thing, and Microsoft do the same too (try reselling legally purchased Microsoft Office binaries patched with your modifications and see how viral the Microsoft EULA is!).

      The RIAA are an organisation strongly against Fair Use and the Public Domain. DRM effectively makes perpetual copyright because it perpetually protects the mechanism, not the content, and DRM is protected no matter how many rights it removes. The idea of DRM and modern music companies is to take away your rights (via law changes, DRM etc.) and then sell them back to you. Want that song on your computer? Buy a copy. Want that song on your car? Buy a copy. DRM can and will allow that kind of control, but remember that patents can do the same (patents on codecs, mp3 etc.).

      I'm glad to see that DRM is falling away in music, and I hope that it's only a matter of time until it falls away from movies too.

    17. Re:Anti-Copyright? by gerddie · · Score: 0

      I also don't speak for the FSF, but to me it seems that abolishing copyright completely would be counter productive. You would end up in a world where everyone can take every piece of published source, add something, and turn it into some binary blob. Without copyright, you would have the right to copy it, but the original problem still stands - you can't fix bugs, because the (additional) source code is not available.

      With copyright and GPL-like licenses you can at least ensure that the code you wrote doesn't (legally) end up in a binary blob that you can't fix.

      It would be another story, if there was a law that would require that for every piece of software you sell, you also need to provide the source code to enable the consumer to fix problems or let other fix problems. Such law would even go beyond the GPL. Of course, such law would find little support in our current society, but in a star-trek federation like society I could imagine it.

    18. Re:Anti-Copyright? by Locke2005 · · Score: 1

      Darn it, Ray... now I'm beginning to suspect that YOU have some sort of bias against the RIAA too! ;-) Isn't saying "lack of honesty" and "RIAA lawyers" a bit... redundant?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    19. Re:Anti-Copyright? by HTH+NE1 · · Score: 1

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement. So saying that the FSF has an "open and virulent bias against copyrights" clearly demonstrates either a lack of research, a lack of understanding, or a lack of honesty on the part of the RIAA's lawyers.

      I agree with the first sentence of your comment. As to the second sentence, I question your use of the word "or". The correct word should be "and". With that minor correction.... respect.

      The problem isn't with him saying "or". "Or" allows any or all to be true. The real problem is the use of the word "either" which not only makes it an exclusive-or (xor, one and only one is true) but is also misused in a triple condition (either-x-or-y (and neither-x-nor-y) are only to be used with two options, never more).

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    20. Re:Anti-Copyright? by Chabo · · Score: 1

      This is /.

      If he meant his "or" to imply exclusivity, he would've used "xor".

      With "a lack of research, a lack of understanding, or a lack of honesty", a lack of research is sufficient to satisfy the statement as "true", and the rest is not necessary. :-P

      --
      Convert FLACs to a portable format with FlacSquisher
    21. Re:Anti-Copyright? by HTH+NE1 · · Score: 1

      If he meant his "or" to imply exclusivity, he would've used "xor".

      That's what either-or means, which he did use (and did so incorrectly).

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    22. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 5, Funny

      Darn it, Ray... now I'm beginning to suspect that YOU have some sort of bias against the RIAA too! ;-)

      How dare you say that? I have nothing against them. I wish them the best in their lives. I hope that, after they serve their time in jail, they succeed in finding honest work, and live out their days in peace.

      --
      Ray Beckerman +5 Insightful
    23. Re:Anti-Copyright? by BlueBlade · · Score: 1

      The FSF's centerpiece, the GPL, depends wholly on copyright for enforcement.

      I've always found that argument incredibly funny. I think it's a prime example of people not thinking things through. Yes, the GPL is relying on copyright laws to enforce the sharing of source code upon distribution. However, the GPL itself, without copyright laws, would be completely unnecessary. If source code could not be copyrighted, anyone could just publish it without fear of legal repercussions.

      Without copyright, if a Microsoft employee decided to anonymously publish the source code to Windows, there's nothing that Microsoft could do to stop people from using the code. Thus the GPL would be completely unnecessary. Even if the employee gets caught, only that person will have to face the legal consequences (NDA breach, giving away trade secrets, etc). Anyone could still use the source code however they wanted.

      --
      Religion is the best example of mass psychosis
    24. Re:Anti-Copyright? by Aphoxema · · Score: 1

      I think there's a co-dependency loop problem.

      GPL Depends on Copyright Law to Unfix Copyright Law
      Unfixed Copyright Law depends on Copyright Law

      That's probably the source of confusion for the law compilers, we'll need to see about debugging this or putting in a hack for now.

      Until we can really resolve this, let's just comment out the Legal Bullshit routine entirely.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    25. Re:Anti-Copyright? by ajs · · Score: 1

      Well, I don't speak for FSF either, but I will say that I support FSF because I also believe that FSF would rather see copyright (at least ones on software) abolished than to keep its leverage of copyleft.

      No, that's not the case. Stallman is pretty clear on this point. Going back to his original reason for creating GNU (the infamous printer incident at MIT), the core point has always been to create an environment in which software authors are encouraged to start from pieces which enforce good citizenship, which by his definition (no judgment, here) is defined as providing source and allowing modification.

      The situation where a printer vendor doesn't ship sources with their drivers is *exactly* what Stallman wanted to prevent, and eliminating copyright doesn't prevent that in the least.

    26. Re:Anti-Copyright? by Tubal-Cain · · Score: 1

      Without copyright, you would have the right to copy it, but the original problem still stands - you can't fix bugs, because the (additional) source code is not available.

      The binary blobs are not the problem. The problem is that reverse engineering those blobs is prohibited.

    27. Re:Anti-Copyright? by wes33 · · Score: 1

      The truth has never been seen as an obstacle by the RIAA's lawyers.

      So how come your president is loading his gov't with 'em?

    28. Re:Anti-Copyright? by Svartalf · · Score: 1

      No kidding, Ray.

      I've never seen the truth be a problem for them- they go plowing right on with their stuff, never mind that they're suing kids that could never have done the things they're accusing them of, the elderly, and even the dead.

      There's a reason I tell people to just not deal with anything that touches their crap. ANYTHING.

      Any use contributes to the network effect that fuels this insanity. Just say no. Just like with drugs.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    29. Re:Anti-Copyright? by Svartalf · · Score: 1

      Heh, I just want them to stop this nonsense so I can go back and buy some CDs

      Why wait? PayPlay, CD Baby, and numerous others have NOTHING to do with the RIAA and they're more than happy to sell (and in at least some cases, HAND) you music galore. Some of the GOOD STUFF that the RIAA players have forgotten about.

      They're not going to get a clue until they see they're seriously screwing themselves by these things or they up and die in a Chapter 7 filing.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    30. Re:Anti-Copyright? by Svartalf · · Score: 1

      We could only be so lucky, Ray...

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    31. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 3, Insightful

      No kidding, Ray. I've never seen the truth be a problem for them- they go plowing right on with their stuff, never mind that they're suing kids that could never have done the things they're accusing them of, the elderly, and even the dead. There's a reason I tell people to just not deal with anything that touches their crap. ANYTHING. Any use contributes to the network effect that fuels this insanity. Just say no. Just like with drugs.

      Agreed. Especially important, now that they are trying to weasel their way in by cutting deals with MySpace and YouTube. Very important for people not to patronize those new joint ventures. They should go where the good music is: independent music.

      --
      Ray Beckerman +5 Insightful
    32. Re:Anti-Copyright? by againjj · · Score: 2, Interesting

      I think it's pretty safe to say RMS would agree that he has an "open and virulent bias against copyrights."

      This is true only for software. A talk by RMS states clearly what he would like. Basically, functional works (encyclopedias, software) have no copyright, personal opinion/experience works (editorials, scientific papers) have copyright, though allowing verbatim copies, and artistic works have full copyright, but reduced in duration to about a decade.

    33. Re:Anti-Copyright? by novakyu · · Score: 1

      No, that's not the case. Stallman is pretty clear on this point. Going back to his original reason for creating GNU (the infamous printer incident at MIT), the core point has always been to create an environment in which software authors are encouraged to start from pieces which enforce good citizenship, which by his definition (no judgment, here) is defined as providing source and allowing modification.

      Perhaps this will go nowhere with us outsiders talking about it back and forth, but if you follow his anecdote through, it wasn't (necessarily) that the printer driver didn't come with sources. It was that when he found someone who had a copy of the source, and he asked for it, he said he couldn't share it because he agreed not to.

      To the extent that copyright is used to prevent spreading of such knowledge—so that even those who do have access to the source and are willing cannot share it—FSF must be against copyright (and it doesn't make a difference as far as its mission goes whether copyleft dominates the world or copyright (at least on technical materials as software) is abolished).

      Now, as far as secrets (such as source code) can be kept without copyright protection, namely, trade secret and all those NDAs, I frankly don't know which way FSF would go. Copyleft doesn't help in this case (after all, since it's secret how is anyone going to know whether copylefted material has been used? Enough changes in the code, and the traditional methods to spot GPL violation may not work), and copyright doesn't matter.

      Until we see an authoritative source saying clearly one way or another, i.e. whether FSF would have no copyleft or copyright at all than copyright balanced with copyleft, it's just a speculation—speculation based on more than 20-year old anecdote that some say are not factual anyway.

      P.S. One could argue that we should do away with copyright and outlaw NDAs ... but I feel that outlawing of something like a nondisclosure agreement would be outright unconstitutional with its infringement on the freedom of contract.

    34. Re:Anti-Copyright? by ppanon · · Score: 2, Interesting
      Technically, that's not quite true unless you're dealing with DRM-type code protected by the DMCA. You could do a clean room re-implementation (separate teams to reverse-engineer a detailed functional spec, and rebuild the software from scratch using the funct. spec.). That's how Phoenix and Award BIOSes were done. However that's a lot of work for something like an openGL/DirectX video driver, let alone 4 or more families of them (nVidia, AMD/ATI, Matrox, Intel, etc.).

      Eliminating copyright for software would allow you to decompile the driver, make the changes you want and recompile the results. Alternatively, you could identify the hardware-specific code in a video driver and re-use as much of it as possible along with new glue/interface code for a new O/S environment (i.e Windows-> Linux or BSD). You could also do a security review and clean up the bugs along the way that the vendor has ignored because they're not considered sufficiently high priority. That would also incidentally render all forms of DRM useless (by disabling HDCP checks for instance).

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    35. Re:Anti-Copyright? by Anonymous Coward · · Score: 0

      It's like the RIAA has never read the GPL, or they think it's some kind of trick on the part of the FSF. Oh, look, we're going to write this very, very copyright-dependent license, apply it to all of the (copyrighted) software we support, and encourage other people to do the same to their (copyrighted) software. But we're totally against copyright.

      Weird doesn't begin to cover it. It's like, oh, the RIAA is claiming that a car company is working to eliminate wheels, even though every single product the company ships depends on them.

      (You knew there had to be a car analogy in there somewhere)

    36. Re:Anti-Copyright? by dogeatery · · Score: 1

      Heh, I just want them to stop this nonsense so I can go back and buy some CDs. With all the time this is stretching out there's a huge number of albums that I haven't been able to buy without breaking my boycott.

      But, I'm sure they've just recharacterized that tiny drop in sales as "due to pirates" and used it as an excuse to waste even more money on piracy prevention and buying elected officials.

      Geez, I hate to be the one to point out the obvious, but you could support your local used record store ...

    37. Re:Anti-Copyright? by cliffski · · Score: 0, Troll

      How do you feel about thepiratebay guys ray? you happy for them to go to jail having been found guilty by a judge? or are the only verdicts you accept the ones where its record company execs getting jail time?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    38. Re:Anti-Copyright? by ImNotAtWork · · Score: 1
      Reference to the printer incident.

      http://oreilly.com/openbook/freedom/ch01.html

      --
      open source sub sim. I might start coding again for this. http://dangerdeep.sourceforge.net/contribute/
    39. Re:Anti-Copyright? by Anonymous Coward · · Score: 0

      Do you remember Tivo and the GPL v3? The problem was not availability of the source code.

    40. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 1

      How do you feel about thepiratebay guys ray?

      I don't know anything about the facts of the case or about the law applicable to the case, so I can't comment.

      --
      Ray Beckerman +5 Insightful
    41. Re:Anti-Copyright? by geminidomino · · Score: 2, Insightful

      That would also be breaking his boycott. While the RIAA companies might not see any money from the sale of a used CD, it still increases demand for that CD. Buying a used CD means that someone else who is not boycotting, who may have bought it, will instead have to buy a new copy, thus delivering the money into the hands of the label.

      You can't get around not having what you're boycotting by buying used, downloading, etc. The purpose of a boycott is to send the message that you'd rather go without than to support the seller's actions. Buying used doesn't send that message.

    42. Re:Anti-Copyright? by geminidomino · · Score: 1

      Because the truth has never been seen as an obstacle by politicians, either?

    43. Re:Anti-Copyright? by Anonymous Coward · · Score: 0

      learn to read, even a non native reader like me understood that he talked about the law applicable in THAT case (which happen to be swedish law) Not about copyrightlaw as you so broadly stated!

      --
      A_F

    44. Re:Anti-Copyright? by dogeatery · · Score: 1

      /shamed

    45. Re:Anti-Copyright? by Synchis · · Score: 1

      Your either extraordinarily ignorant, or your intentionally misinterpreting his words in an attempt to discredit him.

      Regardless of which (I suspect the latter), you can't deny the excellent work NYCL has done to expose the RIAA legal team for what it truely is. A machine driven by greed to extort money out of its own customers because its business model is failing in a new world driven by digital culture.

      The RIAA had a choice many years ago to embrace the new world. Indeed, there is always a choice. They made the choice to litigate rather than innovate. Thus, they created their own mess by fracturing the file sharing market, and driving people to innovate around their attempts to shut down file-sharing.

      The reality is, even without file-sharing technology, the RIAA would still be losing record sales to digital media. If they do not learn to embrace the technology and innovate to save the industry, they will wither and die.

      The ball really is in their court now.

      --
      Thomas A. Knight
      Author of The Time Weaver
    46. Re:Anti-Copyright? by Anonymous Coward · · Score: 0

      well played sir, well played

    47. Re:Anti-Copyright? by fyoder · · Score: 1

      The purpose of a boycott is to send the message that you'd rather go without than to support the seller's actions.

      Not for me it isn't. For me it is very simply about me not putting money into their coffers. And it isn't a grand crusade which will have to be regarded as failed if insufficient others join in, it's very personal, having to do with my own sense of what's right and what isn't. It would be nice if others also acted in such a way as to not enrich RIAA labels (EMI, Sony, Universal, Warner, etc), but it isn't necessary, nor does it have to be extreme.

      Simply vote your conscience with your wallet (or by withholding the contents of your wallet). I wouldn't even go so far as to say that you've no right to whine if you support the RIAA labels. Personally, I'd rather you didn't, but on the 'he who pays the piper' principle, perhaps you should be most vocal of all.

      Just do whatever you can manage.

      --
      Loose lips lose spit.
    48. Re:Anti-Copyright? by geminidomino · · Score: 1

      Not for me it isn't. For me it is very simply about me not putting money into their coffers.

      Fair enough. But you may still end up doing so, even by buying used (downloading doesn't end up there, but puts you on the list for their goon-squad. The risk/reward determination on that is similarly subjective)

    49. Re:Anti-Copyright? by dbrutus · · Score: 1

      I believe that catching RIAA lawyers in a blatant lie to the court that they knew was a lie is sanctionable. If you can prove a lack of honesty (i.e. the FSF has clear evidence showing that these people knew that they were representing a lie to the courts as truth) then they should be on the road to disbarment.

    50. Re:Anti-Copyright? by csartanis · · Score: 1

      ugh seriously? /facepalm

    51. Re:Anti-Copyright? by gerddie · · Score: 1

      Are decompilers really that good with all the instruction reordering and possible inter-module optimization compilers are doing nowadays? I really don't know, but somehow I doubt it.

    52. Re:Anti-Copyright? by men0s · · Score: 1

      Apparently you've never heard of smaller or independent music shops that sell used CDs. You think they send portions of each sale from a used CD to the RIAA? Doubt it. Or, if you can't find what you want in a used format, check out RIAA Radar to determine if a band's album was released by a label that belongs to the RIAA.

    53. Re:Anti-Copyright? by NewYorkCountryLawyer · · Score: 2, Interesting

      Apparently you've never heard of smaller or independent music shops that sell used CDs. You think they send portions of each sale from a used CD to the RIAA? Doubt it.

      They're not required to.

      --
      Ray Beckerman +5 Insightful
  9. Who cares about the length? by mmkkbb · · Score: 4, Insightful

    "4 pages longer than the document to which it was responding"

    And?

    --
    -mkb
    1. Re:Who cares about the length? by vivaelamor · · Score: 1

      Maybe I can't count but I only count 3 pages longer. Still, the reason the response was so long mostly owes to the fact that the RIAA first state in no uncertain terms that they consider the FSF to have no business filing the motion and then go on to try and counter the motion's argument anyway.

      I do wonder whether they lessen the effect of their argument by giving the credence of a response at the same time that they are trying to dismiss the issue.

    2. Re:Who cares about the length? by icedcool · · Score: 1

      Making the assertion that size matters.

      If you know what I mean.

      --
      Most people aren't thought about after they're gone. "I wonder where Rob got the plutonium" is better than most get.
    3. Re:Who cares about the length? by Atlantis-Rising · · Score: 1

      Not really. It's a very common legal tactic. "My opponent is full of shit! But just in case you don't think so, here's another fifty reasons why he's also wrong!"
      (I hate this tactic, by the way. I think, like you do, that it's essentially absurd. However, all lawyers I know use it because it is basically the most successful tactic, as it allows you to make multiple submissions on issues even if you don't think they're likely to be ruled on- you don't want to be caught having NOT MADE any submissions at all.)

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    4. Re:Who cares about the length? by malloc · · Score: 1

      "4 pages longer than the document to which it was responding"

      And?

      ...implying that, combined with their bogus arguments, is it's kind of like adding <rant> ... </rant> ?

      --
      ___________________ I want to be free()!
    5. Re:Who cares about the length? by vivaelamor · · Score: 1

      Yeah, the cynic reflex was screaming that it is probably par for the course with these sort of things. I suppose that judges may actually prefer it as it could speed things up too.

      On another note, the response is a great read.. full of irony. They go on about how the FSF are unfit to present their motion because of their bias towards wanting to change copyright when copyright has got where it is today mostly through the lobbying of the record industries and their ilk.

      I only hope their technical arguments are as shallow.

    6. Re:Who cares about the length? by Locke2005 · · Score: 3, Funny

      My wife cares... trust me, she cares!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    7. Re:Who cares about the length? by Anonymous Coward · · Score: 0

      I just read this brief and it is pretty good. It would win.

      You may have got away with it if it wasn't for this line. Bad troll!

    8. Re:Who cares about the length? by Forai · · Score: 1

      I think the main point of it was

      RIAA: "Hey, We're going to give the judge a huge book of useless material that means NOTHING!

      NYCL: "I can one up you at that, and have"

    9. Re:Who cares about the length? by fooslacker · · Score: 2, Funny

      I'll translate this into terms that Slashdot can understand. It's a bit like XML vs binary. When you store something in a lawyer-readable format it's always more inefficient than the plain content humans use. ;P

    10. Re:Who cares about the length? by gmhowell · · Score: 2, Funny

      My wife cares... trust me, she cares!

      And fortunately, I'm reaping the benefits.

      That thing she does with her tongue...

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    11. Re:Who cares about the length? by Tubal-Cain · · Score: 1

      Was the brief they are rebutting not also in Legalese?

    12. Re:Who cares about the length? by Anonymous Coward · · Score: 0

      It's a petty jab and another in a long line of NYCL trolling on the issue. Just because he's popular and on the right side doesn't mean he's entirely above the fray.

      NYCL has blatantly mischaracterized facts and the law in order to preach to the choir on more than one occasion. He just gets a pass because people here happen to like him, and no one outside the RIAA likes the RIAA.

    13. Re:Who cares about the length? by ppanon · · Score: 1
      Well, sure, but semantic tagging in XML can make the contents easier to read than a binary dump. The tradeoff on legalese in theory is that you exchange readability for greater precision. In practice, that's often debatable (or else trials wouldn't take so long) because the politicking by lawmakers deliberately builds in ambiguity and contradictions into the law. It then takes years and millions of dollars for those ambiguities to be struck down by the legal system.

      What we really need is a law-verifying AI/compiler that rejects laws that conflict with themselves or existing and superseding legislation :-). It would save a lot of time and money and put more than a few lawyers and judges out of business.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    14. Re:Who cares about the length? by Anonymous Coward · · Score: 1, Funny

      "4 pages longer than the document to which it was responding"

      And?

      And 0.5mm thicker.

    15. Re:Who cares about the length? by colinrichardday · · Score: 1

      I would say more like XML vs. LaTeX (LaTeX being the layman'sversion) The tagging in XML makes it easier for computers to parse, but (I suspect anyway) that LaTeX is easier for humans to follow.

    16. Re:Who cares about the length? by Petrushka · · Score: 1

      "4 pages longer than the document to which it was responding"

      And?

      I'm not sure either, but my best guess is that we're to take it as an indication that the RIAA is feeling defensive, i.e. nervous.

    17. Re:Who cares about the length? by Xenographic · · Score: 1

      > "4 pages longer than the document to which it was responding"

      Legal briefs are subject to page count restrictions. I'm not sure if it happened in this particular incident, but they may have had to file a request to be allowed to file an over-length brief with the Court, just so they could waste more of the Court's time by calling the FSF an evil terrorist organization bent on copyright destruction and kitten eating (or whatever).

      I'm with Ray on this one. I don't hate the RIAA, so much as I hope they find honest work someday.

    18. Re:Who cares about the length? by NewYorkCountryLawyer · · Score: 1

      my best guess is that we're to take it as an indication that the RIAA is feeling defensive, i.e. nervous.

      Good guess.

      --
      Ray Beckerman +5 Insightful
    19. Re:Who cares about the length? by fooslacker · · Score: 1

      I suspect it was an older more succinct version known as "Pro-bono Legalese". The newer version, "Legalese, Corporate Whore Edition" is much more verbose in its syntax.

    20. Re:Who cares about the length? by fooslacker · · Score: 1

      I suspect the problem you point to is a standards issue. The precision is there but too many non standard versions of legalese have been released for use so the data mapping problem has become a massive undertaking.

      Also, based on the length of your explanation I suspect you may be a plant from the enemy...you're not welcome here you damn dirty and souless lawyer. ;P

    21. Re:Who cares about the length? by ppanon · · Score: 1

      I think it's a tossup. The LaTeX macros are still built on TeX which is a layout language. That means that you can have a lot of layout-related information in a LaTeX document (i.e. to avoid overfull HBuf or VBuf warnings) that have nothing to do with the document content and distract from it. Something like DocBook XML tagging is, IMHO, more limited, but also more informative and less intrusive.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    22. Re:Who cares about the length? by colinrichardday · · Score: 1

      I guess I was excluding the layout markup, which I generally don't use. Also, I was thinking about MathML content such as

      <mrow><mn>3</mn><mo>&it;</mo><mi>x</mi></mrow>

      as opposed to $3x$ in TeX/LaTeX.

  10. Early drafts were much worse by Anonymous Coward · · Score: 0

    'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs'

    was changed from:

      'dedicated to eliminating restrictions on copying, redistribution, modifying computer programs and not bathing'

    'open and virulent bias against copyrights'

    was changed from:

    'open and virulent boils'

    It sounds like they are getting desparate.

  11. RIAA is a criminal organization by harvey+the+nerd · · Score: 2, Insightful

    The RIAA is an organization that has repeatedly shown no respect for other persons or property, including the myriad recording artists, the plain intent of the Constitution, or its corpus. It is a usurper and an invader. It is an organization that needs prosecutions under RICO as well as numerous civil suits.

    1. Re:RIAA is a criminal organization by dweller_below · · Score: 4, Insightful

      The RIAA is only incidentally a criminal organization. The law is just an inconvenient encumberance.

      The real purpose of the RIAA is to make money. Lots of money. To do this, they have become an evangelical organization. They are trying to create and perpetuate a repressive belief system.

      In action, they closely resemble an inquisition.

      They are trying to create and enforce a belief system. Any tactic is justified if it will maintain their orthodox beliefs. These beliefs don't have to make sense. They just have to be valued.

        * Copyright infringement equals piracy.
        * Copying music is the same as theft of tangible property.
        * Unapproved distribution of an idea requires infinite punishment.

      These are not rational thoughts. They are elements of a repressive belief system.

      Miles

    2. Re:RIAA is a criminal organization by Svartalf · · Score: 1

      Actually...they're probably afoul of the RICO statutes at this time; it matters little of the WHY they're doing- the WHAT they're doing is liable to be criminal.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    3. Re:RIAA is a criminal organization by TheVelvetFlamebait · · Score: 1

      The RIAA is an organization that has repeatedly shown no respect for other persons or property...

      ... which can be said even more so about the subculture they're trying to eliminate. Better still, if that subculture is eliminated first, they'll stop (or at least tone it down a lot), and then we can focus on making them pay for their transgressions.

      ... including the myriad recording artists ...

      Really? What property of artists are the RIAA abusing? I believe they signed a contract that says the property I suspect you refer to is not their property at all.

      the plain intent of the Constitution, or its corpus.

      The laws, correct? They're allowed to propose any law they want. Period.

      Nope, I guess they aren't a criminal organisation after all. I guess emotive rhetoric and mod points don't make a guy correct.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    4. Re:RIAA is a criminal organization by harvey+the+nerd · · Score: 1

      A number of instances clearly innocent people, including computer illiterates without any computer use at all have been attacked by the RIAA. A number of articles have discussed RIAA's lack of proper renumeration to small artists. Knowingly proposing, even getting passed, unconstitutional laws is a usurpation of peoples' rights.

    5. Re:RIAA is a criminal organization by TheVelvetFlamebait · · Score: 1

      A number of instances clearly innocent people, including computer illiterates without any computer use at all have been attacked by the RIAA.

      "Clearly innocent" is a matter for the courts to decide. Certainly not grounds for being declared a criminal organisation.

      A number of articles have discussed RIAA's lack of proper renumeration to small artists.

      Based on what some guy on the internet considers fair, or based on them not upholding their end of a contract? Still, that's more of a civil matter between them and artists.

      Knowingly proposing, even getting passed, unconstitutional laws is a usurpation of peoples' rights.

      Proposing is not a crime and "getting a law passed" is a misnomer. It's certainly not a "usurpation of peoples' rights". It is, in effect, an offer to people as a whole to curtail certain fringe rights in exchange for protection against slump in copyrighted work production. Again, not the actions of a criminal organisation.

      The RIAA's behaviour isn't criminal, and they aren't a criminal organisation. They actually do do good things, which I won't bother going through here. Their actions, however, serve to highlight problems within political and legal systems that can neither be solved nor aggravated through copyright law proposals.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    6. Re:RIAA is a criminal organization by reddburn · · Score: 1

      Their "lack of proper remuneration" to lesser known artists follows the letter of a contract (a legal document) signed by the artist. There is a reason that the first contract they hand you is known as a "dummy" contract. Further, since when is proposing a law a criminal act?

      So far, you've accused the RIAA of thoughtcrime -- something of which, following your logic and reversing the point of view, you might be engaging in as well.

      I'm no fan of the RIAA, but engaging in manichean discourse won't convince anyone to come around to your point of view. Demonization is the end of civil debate, which is ultimately the only means by which this issue can be resolved.

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
  12. RIAA has it right by wurp · · Score: 3, Insightful

    I love the FSF, but which of the quotes listed here is inaccurate? The FSF *does* want to get rid of copy restrictions, and does dislike the RIAA. Although, I would say the FSF hates on the RIAA, not the "recording industry", but I suspect the RIAA doesn't see the difference.

    1. Re:RIAA has it right by Opportunist · · Score: 4, Insightful

      As it has been pointed out above, and despite being modded redundand I want to stress it again, the FSF relies on copyright law. One of its cornerstones is the GPL, and like all licenses it does depend on enforcable copyright law or code protected by it could deliberately be used in proprietary software and neither the FSF nor anyone else could do anything about it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:RIAA has it right by Dachannien · · Score: 5, Insightful

      I would say that the aspersions cast concerning Beckerman and the "pending sanctions motion" would be inaccurate. If I were in a lawsuit, I could potentially move to have sanctions entered against my opponent for various miscellaneous reasons, such as making out with the court reporter while the judge's back was turned, etc., regardless of whether any of those things were true or not. For the two seconds it would take the judge to deny my motion, that motion would be pending. At that very moment, someone could file a brief in another court involving the person who is my opponent in my case, stating that there is a pending sanctions motion against that person.

      In Beckerman's case, while the motion isn't based on pure ridiculousness as in my straw man above, it's still based solely on allegations made by the RIAA against Beckerman with no consideration of any evidence.

      While the assertion may not be "incorrect", as there is a pending sanctions motion against Beckerman, the fact that the RIAA frames it as a reason to discredit Beckerman makes it inaccurate.

    3. Re:RIAA has it right by loonycyborg · · Score: 1

      the FSF relies on copyright law. One of its cornerstones is the GPL, and like all licenses it does depend on enforcable copyright law or code protected by it could deliberately be used in proprietary software and neither the FSF nor anyone else could do anything about it.

      Without copyright law there will be no proprietary software.

    4. Re:RIAA has it right by droopycom · · Score: 1

      the FSF hates on the RIAA, not the "recording industry", but I suspect the RIAA doesn't see the difference.

      Well, frankly, I dont really see the difference either...

      For one thing, RI in RIAA stands for "Recording Industry" so it would be easy to assume they are indeed the Industry

      The other thing is if you just look at the members list and the board of directors list, its hard to see which parts of the Recording Industry is NOT mixed up with the RIAA... I'm sure there are some independent record labels not part of it, but frankly I would not classify those little guys as an Industry...

    5. Re:RIAA has it right by wurp · · Score: 1

      To me, the artists are a significantly more important part of the recording industry than the studios or labels...

    6. Re:RIAA has it right by fregaham · · Score: 2, Insightful

      Without copyright law there will be no proprietary software.

      Wrong. It would just be full of DRM and the source code would still be held as a trade secret.

    7. Re:RIAA has it right by Chris+Burke · · Score: 1

      As it has been pointed out above, and despite being modded redundand I want to stress it again, the FSF relies on copyright law. One of its cornerstones is the GPL, and like all licenses it does depend on enforcable copyright law or code protected by it could deliberately be used in proprietary software and neither the FSF nor anyone else could do anything about it.

      Except that we could then decompile/reverse-engineer the "proprietary" software and recover any modifications they made to the free code, not to mention all their other code too, and there's nothing the proprietary vendor could do about it. It would be harder to modify "proprietary" code than Free code, but all code would ultimately be Free. Plus, without the ability to restrict copying or usage, the proprietary vendor would be unable to charge for shrink-wrapped copies or for license fees, destroying their entire business model and the reason for being proprietary in the first place.

      The FSF depends on copyright law to achieve their goals in the current environment, but proprietary software depends on it much, much more. And without proprietary software, we wouldn't need the GPL.

      Plus, talking about what would happen if copyright law suddenly vanished is kinda like talking about what would have happened if the 13th and 14th Amendment and the Civil Rights Act had all been passed in 1790, but nothing else was different. Maybe an interesting thought experiment, but ultimately pointless because that could never have happened.

      If copyright law were actually being stricken from the books, this would have been the result of a sea change in attitudes regarding "IP". It would mean the FSF had won by convincing people of the importance of the right to be free to share and modify software. Sure nobody would be legally required to make this easier for you by providing source code, but by the time this came to pass customers would be demanding it as a matter of course. ISVs could no longer demand money for individual copies, meaning they'd be charging for either writing the code to begin with or for support, and in either case customers would want the source. Makers of "proprietary" software would be pariahs of no import.

      The FSF's ultimate goals are about giving people the Freedom to share and tinker, and this involves educating people about why these things are important freedoms. If copyright law is abolished due to the success of their outreach, then they will have won the ultimate victory, and will happily "disarm" by losing the GPL.

      --

      The enemies of Democracy are
    8. Re:RIAA has it right by loonycyborg · · Score: 1

      That will not be proprietary software, but secret software ;)

    9. Re:RIAA has it right by melikamp · · Score: 1

      And without proprietary software, we wouldn't need the GPL.

      Hmm I dunno. GPL actively protects the 4 freedoms and it prevents big cats from applying EEE strategy. I think the copyright would be fine the way it is, sans restrictions to non-commercial distribution.

    10. Re:RIAA has it right by cdrguru · · Score: 1

      Copyright is but one avenue for software. A far better approach is trade secrets. Every company I worked for before 1990 relied primarily on the trade secret status of their code rather than any sort of copyright.

      For disclosing trade secrets that you have been given under license the penalties are far worse than copyright violation.

      There is very little you can do about reverse engineering, but any non-derivative implementation has roughly the same status with copyright law. How you nail down clean-room implementations is through patents, which got a lot more popular after 1990 or so.

      But today there is nothing that prevents the same mechanisms used for software earlier from working today. Trade secret is still trade secret.

    11. Re:RIAA has it right by Chris+Burke · · Score: 1

      For disclosing trade secrets that you have been given under license the penalties are far worse than copyright violation.

      I don't understand trade secret law very well. I thought thought that one aspect was that it truly only protected secrets, as in once something is common knowledge then trade secret status was lost. That doesn't help someone trying to sneak the source out of a company, but would mean that implementations based on published documentation, decompiled/reverse-engineered source code would be free and clear and essentially back in Free Software land.

      Going back to my last post, though, I think this is another case where the underlying change of attitudes that would be necessary to create the reality of such a radical shift in the law would end up making this mostly moot. Pretty much anyone who distributed software binaries would be expected to not restrict the usage of the software, and at least the distributed proprietary software market would be dead.

      There is very little you can do about reverse engineering, but any non-derivative implementation has roughly the same status with copyright law. How you nail down clean-room implementations is through patents, which got a lot more popular after 1990 or so.

      Don't even get me started on software patents. Look, I'm by no means convinced that the world is better off without copyright. Really, I think just going back to at least near the original fairly short period and cutting out some of the stupid laws like DMCA would be the perfect balance.

      Software patents though are simply an abomination. Software is literally -- no analogy no decomposition no translation or anything -- a symbolic representation of mathematical expressions. It is math, as surely as "a^2 = b^2 + c^2" is math. Not something that can be described by math, it's something which itself is intended to describe math using language. Math is the most fundamental language of human progress, which is why you can't and shouldn't allow it to be . Combine software as an aspect of inventive hardware and that's fine. Yes, the computer itself, a machine designed to read symbolic representations of math and perform the calculations among other things, does. No, "my software running on commodity processors" doesn't count. Imagine if all the sorting and scheduling and other algorithms invented just a few decades before the software patent regime had been patented, how progress would have been held back by granting monopolies on math. We need to end this software patents bullshit. /end rant

      --

      The enemies of Democracy are
    12. Re:RIAA has it right by Amazing+Quantum+Man · · Score: 1

      despite being modded redundand

      I'd really like to mod the RIAA as redundant. Also Overrated, Troll, and Flamebait.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    13. Re:RIAA has it right by ppanon · · Score: 1

      Generally, "Industry" refers to the organizations responsible for the mass production or distribution of a category of products or standard services. Conversely an artist is a person who creates original works or performs their own individual interpretation of an existing work. The two are pretty well mutually exclusive, although there often is significant interaction between the two groups. Industry participants need new products to manufacture to distinguish themselves from their competitors, and may hire or contract with artists, designers, or researchers to develop those products for them. The recording industry has historically imposed strongly asymmetric contracts on artists because the industry has had exclusionary access to or control of the major means of distribution (record stores and radio) through economies of scale and related barriers to entry, illegal kickback deals (radio payola), and other oligopolistic tactics.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    14. Re:RIAA has it right by cliffski · · Score: 1

      Agreed. This entire story is an excuse to get some sympathy tears for NYCL and get his ad-impressions up. It's tragic that everyone falls for it EVERY SINGLE TIME.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    15. Re:RIAA has it right by shutdown+-p+now · · Score: 1

      You may think all you want, but what's important here is FSF position. And Stallman had repeatedly explicitly statement that GPL is a hack of the concept of copyright which is only needed because the latter exists... and that he would be very happy if there were no copyright on software at all.

    16. Re:RIAA has it right by Xenographic · · Score: 1

      > While the assertion may not be "incorrect", as there is a pending sanctions motion against Beckerman, the fact that the RIAA frames it as a reason to discredit Beckerman makes it inaccurate.

      Yeah. You see, you have to pretend that you're Data with your ethical subroutines disabled to be able to make RIAA-lawyer type arguments. Here, I'll show you how:

      What they're doing is sort of like saying, "But you can't listen to the RIAA lawyers, they're all accused pedophiles!" And then neglecting to disclose the fact that you're the one alleging that they're pedophiles. And that you have no proof.

      But wait! What if I look up the demographics of the RIAA's legal team, then compare them to statistics on the incidence of pedophilia, so that I can truthfully allege that there's an x% chance that at least one RIAA lawyer is a pedophile? I mean, we can't have pedophiles in our court rooms, now, can we?

      So there you have it: with enough unethical logical contortions, you too can make someone out to be a horrible criminal worthy of public scorn based on unsubstantiated nonsense you made up yourself! Just don't do it in court unless you want to find out what Rule 11 is. Though I guess the judges are a bit lax these days, given that I haven't seen any judges granting them against the RIAA yet. I guess they're better at making people out to be statistically likely to be copyright infringers, given that almost everyone has infringed upon at least one copyright.

      I mean, how many people do you know who haven't sung "Happy Birthday to You"? Yes, the damn thing is copyrighted. You're a low-down dirty copyright infringer if you've ever sung it at any time in your life. And no, it doesn't matter if you were 5 years old at the time and had no idea what a copyright was.

    17. Re:RIAA has it right by Opportunist · · Score: 1

      In this case, and I know I'll get flamed and worse for this, Stallman is a shortsighted fool.

      The GP pointed out exactly what will happen without copyright: Proprietary software would go to insane lengths to ensure nobody can reverse engineer it, we'd have even stronger pushes towards regulations that require "trusted" computers to ensure software cannot be distributed and even worse vendor lock-ins and content-to-medium ties than we have today.

      At the same time, free software would be liberally used and abused to create proprietary software. Certain companies would go to even more lengths to "embrace and extend" than they already do, they would try to undermine standards even more than they already do to lock their customers into their flavor of a protocol, at the same time the protocols would get more and more resilent against reverse engineering...

      Personally, I'd guess it would be worse in the long run.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    18. Re:RIAA has it right by ZachPruckowski · · Score: 1

      Yeah, but without copyright, DRM-removing tools and decompilers would become legal. FSF/Linux/whoever spend 6 months on making amazing decompilers, and that's the ballgame.

    19. Re:RIAA has it right by spartacus_prime · · Score: 1

      Actually, you can only get sanctions for things that they've signed that are blatantly inaccurate. The judge could probably hold him in contempt for making out with the court reporter in court, but sanctions would be contrary to the FRCP in that case.

      Sorry, nitpicking over.

      --
      If you can read this, it means that I bothered to log in.
    20. Re:RIAA has it right by NewYorkCountryLawyer · · Score: 1

      The judge could probably hold him in contempt for making out with the court reporter in court

      That's a new one. Never heard of that before. You must have a fertile imagination.

      --
      Ray Beckerman +5 Insightful
    21. Re:RIAA has it right by onto_dry_land · · Score: 0

      The FSF does not rely on copyright law. Free software is certainly possible without copyright. GNU GPL on the other hand relies on some sort of copyright, but it can be implemented with a far weaker copyright than the current one.

    22. Re:RIAA has it right by spartacus_prime · · Score: 1

      Well, IANAL but IAALS, so that's my unprofessional opinion.

      --
      If you can read this, it means that I bothered to log in.
  13. No "Duh" Tag by S7urm · · Score: 3, Insightful

    This is news how?

    The only thing newsworthy I got from this is that the RIAA is just slightly more petty than I thought. Of course the Free Software Foundation is about making software "FREE", and of course, anyone with a blog aimed at bringing to light the RIAA's idiocy is going to be the target of their Ire. The thing people need to get over, and real quick, is the thought that the second they see anywhere in media the acronym RIAA, that they need to immediately post it on Slashdot.

    We also need to realize, as a whole, that the RIAA hates us as much as we hate them, and we also need to note that the RIAA is a litigous bunch of pr1cks and that they will bring DMCA takedown notices, and law suits, and anything their multi-million dollar legal team can come up with against anyone who thinks differently than they do. The thing is, they have this crazy thing called MONEY backing them. When you have a band like Metallica, or Universal Studios supporting your cause, you can then afford frivolous lawsuits and such because money is no object

    What we need, to effectively fight back against their idiocy, is SUPPORTERS. Find some corporation (good luck) that shares our ideals, or even a political movement. Then get them to help with the money to cover the expenses of all these court proceedings, offer legal support to the unfortunate few that get randomly targeted by the RIAA (like the ACLU does) and find someone to help us get some lobbying going in Washington.

    Those are the things we need to do, or maybe even get some of us geeks to inundate media with easily comprehended information that average Joe blow can read and care about, and help spread the word to the masses about their evils. Find a way to make the average citizen give a crap about this issue, and you've found a way to get some money and influence behind this issue on a side that is NOT the RIAA. But until then, we'll always be a flea, biting the back of the Mammoth that is Industrialized politics at work.

    --
    "This is the value of a summer spent and a winter earned"
    1. Re:No "Duh" Tag by CodeBuster · · Score: 2, Interesting

      But until then, we'll always be a flea, biting the back of the Mammoth that is Industrialized politics at work.

      Perhaps, but even the bite of a flea may deliver the horrible wasting disease that fells the mighty mammoth. The RIAA is not beyond our reach and their vain attempts to discredit Mr. Beckerman and defame their opponents, which are reminiscent of the Scientology theory of "lawsuits to harass and annoy, not to win" and policies of "fair game", prove that well reasoned counter-arguments from informed informed groups and individuals can be brutally effective in exposing the malicious nature of the RIAA spamigation campaigns, the flaws in their legal arguments, and the specious nature of their "evidence" for all to see. In fact, we should take it as hopeful a sign when they single us out for special attacks because it proves that we are being effective. The RIAA has lost the initiative as the shock of their initial lawsuit charge has petered out and now they are stuck in a melee which they cannot win against a new generation of music consumers whom they have now lost forever as customers due to their own ineptness and incompetence which they have also repeatedly demonstrated during their lawsuits (contradicting even their own statements and arguments in different cases over the same issues).

    2. Re:No "Duh" Tag by Anonymous Coward · · Score: 0

      "Find some corporation (good luck) that shares our ideals, or even a political movement"

      Hmm, a corporation that stands up for people's rights...

      http://www.inquisitr.com/15446/google-files-amicus-brief-against-proposition-8/

    3. Re:No "Duh" Tag by NewYorkCountryLawyer · · Score: 3, Insightful

      The RIAA is not beyond our reach and their vain attempts to discredit Mr. Beckerman and defame their opponents, which are reminiscent of the Scientology theory of "lawsuits to harass and annoy, not to win" and policies of "fair game", prove that well reasoned counter-arguments from informed informed groups and individuals can be brutally effective in exposing the malicious nature of the RIAA spamigation campaigns, the flaws in their legal arguments, and the specious nature of their "evidence" for all to see. In fact, we should take it as hopeful a sign when they single us out for special attacks because it proves that we are being effective. The RIAA has lost the initiative as the shock of their initial lawsuit charge has petered out and now they are stuck in a melee which they cannot win against a new generation of music consumers whom they have now lost forever as customers due to their own ineptness and incompetence which they have also repeatedly demonstrated during their lawsuits (contradicting even their own statements and arguments in different cases over the same issues).

      You are exactly right. The reason they went off on a tangent attacking FSF and myself is that they are losing. Their aimless, pointless, blustery ad hominem atack on the messengers simply calls attention to the fact that they have no suitable response to the message.

      --
      Ray Beckerman +5 Insightful
    4. Re:No "Duh" Tag by S7urm · · Score: 1

      I'm not saying I don't agree with the message getting across, however with the amount of resources they have to bear, we may be "biting hard" to use my own analogy, but what is it truly accomplishing? They are still a factor, they still have money and influence, and they still have the ability to do stupid, assinine things like this without any true reprisal.

      I am proud of the work that you do good sir, and wish you and the FSF the best of luck in everything you do, I just think that shifting the focus in this campaign towards true information dissemination, in a sense of making it more accessible and understandable to the masses, would be beneficial in a sense of passing on the outrage these morons perpetuate into the public realm, by educating people on just WHY this is wrong and evil. I think if you get the public more aware of this matter, and more involved in the vocalisation of their anger towards these fools trying to steal our rights, then you create a self sustaining constituency of supporters who will add their voice to ours in seeking the downfall of the RIAA and their associated ilk, not to mention garnering more people and more voices in relation to Congress in letting their reps know just how much they hate the idea of the DMCA and the existance of the RIAA may help in having more legislation enacted to reverse or at least amend these ignorant laws.

      --
      "This is the value of a summer spent and a winter earned"
    5. Re:No "Duh" Tag by UnknownSoldier · · Score: 1

      > Find some corporation (good luck) that shares our ideals,

      Uhm, Red-Hat.

    6. Re:No "Duh" Tag by NewYorkCountryLawyer · · Score: 2, Informative

      I'm not saying I don't agree with the message getting across, however with the amount of resources they have to bear, we may be "biting hard" to use my own analogy, but what is it truly accomplishing? They are still a factor, they still have money and influence, and they still have the ability to do stupid, assinine things like this without any true reprisal. I am proud of the work that you do good sir, and wish you and the FSF the best of luck in everything you do, I just think that shifting the focus in this campaign towards true information dissemination, in a sense of making it more accessible and understandable to the masses, would be beneficial in a sense of passing on the outrage these morons perpetuate into the public realm, by educating people on just WHY this is wrong and evil. I think if you get the public more aware of this matter, and more involved in the vocalisation of their anger towards these fools trying to steal our rights, then you create a self sustaining constituency of supporters who will add their voice to ours in seeking the downfall of the RIAA and their associated ilk, not to mention garnering more people and more voices in relation to Congress in letting their reps know just how much they hate the idea of the DMCA and the existance of the RIAA may help in having more legislation enacted to reverse or at least amend these ignorant laws.

      I don't disagree that there are other things which should be done. But I'm doing the only things that I'm equipped to do: (a) fight them in court, and (b) tell the world about what's going on in these cases.

      --
      Ray Beckerman +5 Insightful
    7. Re:No "Duh" Tag by S7urm · · Score: 1

      Which is a hell of a lot more than I am doing.

      I meant that as more of a general admonishment, and not directed at you in any form.
      I merely hope that people of a like mind, would concur, and potentially figure out a way to get that ball rolling, and find a way to spread the word, I throw the idea out there mostly because I have no idea how to get it going myself, thus posting here, where we have thousands of extremely intelligent, creative people, one of whom may see one of those posts and go "ZOMG! I know how to do that" and "Bam!" you got yourself some RIAA roasting on a spit.

      Your efforts are more than commendable good sir, and are also more than a lot of people are willing to bear. I think you're doing a helluva good job, just trying to get others to help find a way to do this things in another way, so we can nail those RI-tards to the wall.

      --
      "This is the value of a summer spent and a winter earned"
    8. Re:No "Duh" Tag by sexybomber · · Score: 1

      I don't disagree that there are other things which should be done. But I'm doing the only things that I'm equipped to do: (a) fight them in court, and (b) tell the world about what's going on in these cases.

      And you're doing one hell of a job in both cases. Keep up the good work, Counselor! Slashdot's pulling for you!

    9. Re:No "Duh" Tag by electricprof · · Score: 1

      Actually, I think the NYCL's comment here is actually THE salient comment of the whole story. The RIAA is taking time, which supposedly could be translated into dollars/lawyer's fees, to write a nasty response to an amicus brief. I'm not a lawyer, but my impression from the outside is that amicus briefs aren't usually all that central to a case and often get ignored. Perhaps I'm just wrong here. Anyway, the fact that the RIAA feels any need to make a nasty response to such a brief reveals that they are beginning to realize that they are ... errr ... screwed ...

    10. Re:No "Duh" Tag by NewYorkCountryLawyer · · Score: 2, Informative

      my impression from the outside is that amicus briefs aren't usually all that central to a case and often get ignored.

      Not so.

      Perhaps I'm just wrong here.

      Yes you're wrong on that point. This amicus brief cited 4 cases, and 2 law review articles which had not been cited in anyone else's brief.

      Anyway, the fact that the RIAA feels any need to make a nasty response to such a brief reveals that they are beginning to realize that they are ... errr ... screwed ...

      On that... you are dead on.

      --
      Ray Beckerman +5 Insightful
  14. MAFIAA by Anonymous Coward · · Score: 0

    It seems like there's going to be a need for a NYCL fan club.

    Facebook group incoming.

  15. Uh-oh by Khan · · Score: 2, Insightful

    I can't wait to see what RMS is going to say in his reply :-)

    --

    "Klaatu, verada, necktie!" -Ash

    1. Re:Uh-oh by Anonymous Coward · · Score: 0

      ...and I do hope the BBC are good sports again and publish his response, if in the form of an essay.

    2. Re:Uh-oh by TheGratefulNet · · Score: 1

      RMS? it will probably be pretty, uhhh, average.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Uh-oh by Anonymous Coward · · Score: 0

      That's what I said. The RIAA thought it had met enemies before, but they have just aroused the wrath of St. Ignucious himself. I would *not* want to be on the receiving end of his katana.

  16. Not completely inaccurate. by langelgjm · · Score: 4, Interesting

    On the other hand, saying that the FSF is "dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs" is extremely accurate. In fact, though I didn't see it on the home page, it's the quote that comes up in the Google blurb when you search.

    Also, just because the GPL requires copyright to function doesn't mean that the FSF isn't against copyright. I think most of us concede that the GPL is a case where the FSF is using copyright law in a novel, unintended way to accomplish their goals.

    If the FSF could rewrite copyright law, it'd be completely different. I'd say they have an open dislike (maybe not "bias") against the current typical use of copyright, especially for computer programs.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:Not completely inaccurate. by HTH+NE1 · · Score: 1

      On the other hand, saying that the FSF is "dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs" is extremely accurate. In fact, though I didn't see it on the home page, it's the quote that comes up in the Google blurb when you search.

      I think that's their paid Google keywords link.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    2. Re:Not completely inaccurate. by EvanED · · Score: 2, Informative

      It's actually from The Open Directory (DMOZ).

    3. Re:Not completely inaccurate. by Jah-Wren+Ryel · · Score: 4, Informative

      I think most of us concede that the GPL is a case where the FSF is using copyright law in a novel, unintended way to accomplish their goals.

      That's why they call it the "copyleft" - not out of some right/left ideology, but to indicate that the GPL is a hack of copyright - the definition of hack being a novel and unintended use.

      --
      When information is power, privacy is freedom.
    4. Re:Not completely inaccurate. by Attila+the+Bun · · Score: 2, Insightful

      On the other hand, saying that the FSF is "dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs" is extremely accurate.

      That would imply that the FSF is attacking the right to create and sell non-free software. That would be a bizarre goal, and as far as I can see it is not the case. However I can see why the RIAA's lawyers might want to ascribe bizarre aims to an organisation they wish to discredit.

      The FSF appears to be concerned primarily with protecting our right to publish and use free software. What's truly bizarre is that these rights should even need defending.

    5. Re:Not completely inaccurate. by Anonymous Coward · · Score: 1, Interesting

      The blurb doesn't come from the FSF. It's from the "open directory project", a largely spammer controlled 'user contributed content' website. It's everything negative about the openness of Wikipedia without most of the benefits.

      The FSF never uses that language to describe themselves as far as I can tell. (though I don't know if they'd disagree with it or not).
       

    6. Re:Not completely inaccurate. by againjj · · Score: 2, Informative

      If the FSF could rewrite copyright law, it'd be completely different. I'd say they have an open dislike (maybe not "bias") against the current typical use of copyright, especially for computer programs.

      Spot on. A talk by RMS states clearly what he would like. Basically, functional works (encyclopedias, software) have no copyright, personal opinion/experience works (editorials, scientific papers) have copyright, but verbatim copies are allowed, and artistic works have full copyright, but reduced to a decade or so. There are some problems defining this categorization, but copyright already has to deal with some pretty grey areas, such as fair use.

    7. Re:Not completely inaccurate. by TheVelvetFlamebait · · Score: 1

      I call it "copyright", because controlling distribution in this way is neither novel nor unintended. It's just artists exerting control over their works in exchange for creation. Same-ol', same-ol'.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    8. Re:Not completely inaccurate. by Onymous+Coward · · Score: 1

      Indeed, not "extremely accurate". The next sentence is critical to note.

      "dedicated to eliminating restrictions of people's right to use, copy, modify, and redistribute computer programs. It does so by protecting these rights through the GNU General Public License."

      What they're talking about is generative freedom. Freedom that's built into the softwares and licenses that the organization and proponents build and use.

    9. Re:Not completely inaccurate. by dpastern · · Score: 1

      And this is bad because?

      Copyright law, as it stands, is bad. We have seen governments, and local industry organisations like the RIAA & MPAA manipulate both governments, laws & legislation, increasing copyright lengths, and making public domain more and more irrelevant.

      There is a reason why copyright and public domain were created the way that they were originally - there is nothing wrong with the original ideals, other than the fact that greedy copyright owners want to make more money, for longer periods of time.

      Good on the FSF and the GPL - some call it communist in ideals (a completely wrong analogy imho), it's a great way of ensuring that people share something, for the greater good. And it uses laws that have been badly abused for a long time in order to do it. Great isn't it?

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    10. Re:Not completely inaccurate. by CarpetShark · · Score: 1

      If the FSF could rewrite copyright law, it'd be completely different.

      If copyright had evolved in the spirit of the original intent, it'd be completely different too.

      I'd say they have an open dislike (maybe not "bias") against the current typical use of copyright

      Hardly. What they have an open dislike for is lack of software freedom.

  17. First they ignore you... by H0p313ss · · Score: 3, Interesting
    • First they ignore you.
    • Then they fight you.
    • Then you win.

    We have achieved stage two, they have learned to fear us...

    --
    XML is a known as a key material required to create SMD: Software of Mass Destruction
    1. Re:First they ignore you... by Sir_Lewk · · Score: 2, Informative

      We've been on stage 2 for a looong time now. Perhaps even on the beginnings of stage 3, depending on who you ask.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    2. Re:First they ignore you... by mrchaotica · · Score: 3, Informative

      You missed a step. The original Ghandi quote was thus (except for the bulleted list format):

      • First they ignore you,
      • then they ridicule you,
      • then they fight you,
      • then you win.

      But I agree, we're on stage 2-3 now.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:First they ignore you... by H0p313ss · · Score: 1

      You missed a step. The original Ghandi quote was thus (except for the bulleted list format):

      • First they ignore you,
      • then they ridicule you,
      • then they fight you,
      • then you win.

      But I agree, we're on stage 2-3 now.

      You are correct sir! I thought I was missing something...

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    4. Re:First they ignore you... by samcan · · Score: 1

      Couldn't we just do a Stage 3 install, rather than resorting to a Stage 1? It takes way too long, otherwise!

    5. Re:First they ignore you... by gnud · · Score: 1

      You forgot n.2 -- "then they laugh at you".

    6. Re:First they ignore you... by Jason+Levine · · Score: 1

      Unfortunately, all too often it winds up being:

      * First they ignore you,
      * then they ridicule you,
      * then they fight you,
      * then you think you win,
      * then they pay a congressman to pass a law declaring them the winner.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  18. Attack their lawyer... by Anonymous Coward · · Score: 1, Insightful

    If their facts are wrong, attack their law; if their law is strong, attack their facts; if both their law and their facts are strong, attack their lawyer. I guess we can now assume that both their facts and their law pretty much suck 'cuz they're attacking somebody *elses* lawyer...

  19. Wow, high praise indeed. by TinBromide · · Score: 1

    Of course I'm not gonna RTFA (Do you know what site this is!?!), and I'm sure that the brief was fired with vitriolic language and attempted to nitpick every sentence they could find a misplaced comma or a shade of meaning that they could use and ignore every valid point in the FSF's document, but from the summary this looks like its high praise coming from the RIAA.

    --
    Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
    1. Re:Wow, high praise indeed. by NewYorkCountryLawyer · · Score: 1

      from the summary this looks like its high praise coming from the RIAA

      Yes. I like to think of it that way.

      --
      Ray Beckerman +5 Insightful
  20. Rat Bastards, don't get me started by Anonymous Coward · · Score: 0

    These corporate welfare rat bastards need to be killed off. Their greed and corruption knows no bounds. They can go fuck themselves. If they want a fight --a real one-- then go ahead, take on the FSF! The RIAA is in dire need of a good beating. Their clock needs cleaning. There are many groups and corporations related and connected to the FSF, much, much bigger than the RIAA. If they really want to signal the end of their time, just keep it up.

  21. Things I found interesting by UnknowingFool · · Score: 5, Informative

    Because the FSF has an open and virulent bias against copyrights in general, and against the recording industry in particular, it does not--and indeed cannot--play the traditional role of amicus curiae, which is to provide a neutral source of information or legal analysis to aid the court.

    I am not a lawyer but my understanding that amicus curiae briefs came from parties not directly involved with the case but are very rarely neutral. From wikipedia: "The role of an amicus is often confused with that of an intervener. . . The situation most often noted in the press is when an advocacy group files a brief in a case before an appellate court to which it is not a litigant. . . Non-profit legal advocacy organizations such as the American Civil Liberties Union, the Electronic Frontier Foundation, the American Center for Law and Justice or NORML frequently submit such briefs to advocate for or against a particular legal change or interpretation."

    Apart from the fact that the argument relies on "facts" not in the record in this case, the contention ignores the nature of Defendant's infringement.

    Again from wikipedia: "Amicus curiae or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it." Offering additional information is the point of amicus curiae.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Things I found interesting by NewYorkCountryLawyer · · Score: 4, Informative

      I am not a lawyer but my understanding that amicus curiae briefs came from parties not directly involved with the case but are very rarely neutral.

      Of course you are correct, UF. If the amicus curiae felt 'neutral' on the subject, why would they be filing a brief? We were not asking to be appointed judge; we were submitting a brief which would help the Court see why the plaintiffs were dead wrong.

      --
      Ray Beckerman +5 Insightful
    2. Re:Things I found interesting by HTH+NE1 · · Score: 4, Funny

      If the amicus curiae felt 'neutral' on the subject, why would they be filing a brief?

      Here's a neutral amicus curiæ: tell the court I said "Hello."

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    3. Re:Things I found interesting by Dhalka226 · · Score: 1

      I think what we're seeing here, disturbingly to me, is the increased use of court papers as PR. The only parts of their response that may have any basis in law--which is what court questions are meant to be about--are the ones about pending sanctions. Even then, it's only tangentially related. A lawyer being sanctioned (which isn't even what they're saying) might put them under greater scrutiny, but so long as they are still able to practice law, it has no bearing on the particular legal argument they're making.

      In other words, assume everything they said is true: The FSF wants to bring down copyright and the RIAA and that NYCL is an anti-RIAA blog. SO WHAT? None of that has any bearing on the legal arguments they're making in their briefs. It really can't be anything but theater for people who are watching, hoping that nobody noticed the RIAA doesn't seem capable of refuting the legal arguments their opponents are making. "But, your honor! The briefs against me were filed by people who disagree!?" Seriously? That kind of tripe has no place in a court of law. They're either incompetent or it's not actually for the court.

    4. Re:Things I found interesting by rahvin112 · · Score: 1

      NYCL, honest question here, is there a real procedure to file a response to an amicus curiae? I thought they were wholly independent input from outside observers to the Judge and that the litigating parties didn't have authority to "respond" to them? Maybe I'm naive on this but it seems to me that outside observers offering input should be off the table for responses from either of the litigants as the brief is filed by someone not affiliated with the case which the Judge is fully aware of. If this is legit to do, how often would you say litigants officially file responses to amicus curiae briefs? And if it's not very common how do you think a Judge would respond to receiving one (either negative, positive or neutral)? And finally, don't they have to ask permission before filing the brief?

    5. Re:Things I found interesting by NewYorkCountryLawyer · · Score: 2, Informative

      NYCL, honest question here, is there a real procedure to file a response to an amicus curiae? I thought they were wholly independent input from outside observers to the Judge and that the litigating parties didn't have authority to "respond" to them? Maybe I'm naive on this but it seems to me that outside observers offering input should be off the table for responses from either of the litigants as the brief is filed by someone not affiliated with the case which the Judge is fully aware of. If this is legit to do, how often would you say litigants officially file responses to amicus curiae briefs? And if it's not very common how do you think a Judge would respond to receiving one (either negative, positive or neutral)? And finally, don't they have to ask permission before filing the brief?

      They have asked for permission. The judge hasn't yet granted them permission.

      --
      Ray Beckerman +5 Insightful
    6. Re:Things I found interesting by bit01 · · Score: 1

      Here's a neutral amicus curiæ: tell the court I said "Hello."

      You are obviously biased towards friendliness and are clearly against the RIAA!

      ---

      It's not piracy, it's sharing. Didn't your parents teach you to share?

    7. Re:Things I found interesting by Amazing+Quantum+Man · · Score: 1

      Beige alert! You must turn in your geek card for not recognizing the ObFuturama when you see it.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  22. Then we're fucked by Anonymous Coward · · Score: 5, Funny

    GNU General Public License, version 6, 2013

    1. Pull down you pants.
    2. Bend over.

    GPLv2 or later doesn't sound like such a good idea now, does it?

    1. Re:Then we're fucked by retchdog · · Score: 2, Insightful

      Very good call.

      Though, I suspect that FSF would take a page from the corporate playbook and re-incorporate in a friendlier country, transfer the FSF copyrights there, leaving a powerless shell-subsidiary in the US.

      --
      "They were pure niggers." – Noam Chomsky
    2. Re:Then we're fucked by rts008 · · Score: 1

      You left out the most important part of the equation.

      If you are depending on control of the code after distribution/sale, then you are entirely correct.

      If you are the end user, then all is working as designed...to protect you freedom.

      All a matter of your agenda, in a nutshell....

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    3. Re:Then we're fucked by SETIGuy · · Score: 2, Insightful

      In that case wouldn't we choose GPLv2 rather than "later"?

    4. Re:Then we're fucked by Alsee · · Score: 1

      GPLv2 or later doesn't sound like such a good idea now, does it?

      It's sound like a FANTASTIC idea to me.
      I'll go with GPLv3, and check out v4 and v5.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Then we're fucked by Hal_Porter · · Score: 1

      That depends on who "we" is.

      The user can choose which version, so they will presumably pick the most favourable one. The authors of the code can't.

      So it would be possible for a future version of the GPL to force the authors to do something that they don't want to do.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  23. Well, is he? by Just+Some+Guy · · Score: 2, Interesting

    They called 'Recording Industry vs. The People' an 'anti-recording industry web site' and stated that NYCL 'is currently subject to a pending sanctions motion for his conduct in representing a defendant' (without disclosing that plaintiffs' lawyers were 'subject to a pending motion for Rule 11 sanctions for their conduct in representing plaintiffs' in that very case).

    So, is Ray "subject to a pending sanctions motion", and if so, what does that mean anyway? NYCL, as much as I respect you and wholeheartedly support and appreciate what you're doing, I'm not a fan of the "they did it too!" defense.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Well, is he? by NewYorkCountryLawyer · · Score: 5, Informative

      So, is Ray "subject to a pending sanctions motion", and if so, what does that mean anyway?

      There is a link to the term "pending sanctions motion"; if you follow the link you can read all about it. They made a motion to withdraw their own case, and joined it with a motion for "discovery sanctions" against Mrs. Lindor and myself. The motion was based on nothing but lies. It is still pending. Our Rule 11 motion against them is strictly based on the fact that their motion for "discovery sanctions" was based on nothing but lies, so the 2 motions are closely interrelated.

      --
      Ray Beckerman +5 Insightful
    2. Re:Well, is he? by Todd+Knarr · · Score: 2, Insightful

      "pending sanctions motion" means the RIAA has made a motion to sanction NYCL. The thing is, almost every lawyer in every case is at some point (probably for most of the trail) subject to a "pending sanctions motion". Either side can enter a motion for just about anything. Sanctions motions are SOP, both sides will file them when the other side does something they don't like. The more important question is whether the judge will grant the motion or reject it.

      It's much like lawsuits in general. I could sue you tomorrow for failing to pay me a million dollars and move for summary judgement on the matter as soon as discovery's over. You would then be technically correctly described as "subject to a pending motion for judgement for a million dollars". Of course that'll end as soon as you point out that I haven't produced anything showing you ever agreed to pay me anything and the judge dismisses the case, but it's a correct description up until that point. That's where the RIAA's motion stands right now: on the record, but it's a real hail-mary.

    3. Re:Well, is he? by Bman21212 · · Score: 2, Funny

      There is a link to the term "pending sanctions motion"; if you follow the link ...

      You must be new here

    4. Re:Well, is he? by BiggerIsBetter · · Score: 4, Informative

      You must be new here

      You must be new here if you're saying that to NYCL.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    5. Re:Well, is he? by NewYorkCountryLawyer · · Score: 5, Funny

      You must be new here

      You must be new here if you're saying that to NYCL.

      You must be new here if you're not used to people saying 'you must be new here' to NYCL.

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      --
      Ray Beckerman +5 Insightful
    6. Re:Well, is he? by Rene+S.+Hollan · · Score: 1
      You must be new here if your id is larger than mine.

      That said, I defer to NYCL's understanding of the law as superior to my own and enjoy learning a bit or two about it.

      <rant>

      However, I do wish the law were more accessable to the intelligent lay person. For example, if I have to spend $11k in legal expenses to enforce a power of sale over property, why the hell can't I recover all of those? I won the original suit ($3k legal expenses), but had to keep returning to court to have the order judgment enforced, and was NOT awarded additional legal fees on the grounds that the original decision was repeatedly upheld, the argument being that they were "excessive". Hell yes they were excessive! Defendent repeatedly ignored the court requiring me to keep returning!

      O.K.

      </rant>

      --
      In Liberty, Rene
    7. Re:Well, is he? by Rene+S.+Hollan · · Score: 1

      Er, respondent, not defendent. It was a civil case.

      --
      In Liberty, Rene
    8. Re:Well, is he? by Svartalf · · Score: 1

      Weeelll..

      1) You've got a 91k range ID...
      2) As far as this old fart (2k range ID...), you're not new here... ;-)

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    9. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      No I'm in the 912k series. Does that mean I will always 'be new here'?

      Wow, that's a cool low number you have. How much you want for it?

      --
      Ray Beckerman +5 Insightful
    10. Re:Well, is he? by NewYorkCountryLawyer · · Score: 3, Insightful

      Well I wish computer programming was more accessible to me. What can you do? We live in a complex world. A lot of things require a lot of study to become "accessible", and each of us has only one lifetime. The law, like every other field of study, has its own language, conventions, methods, and processes. It takes time to learn them.

      --
      Ray Beckerman +5 Insightful
    11. Re:Well, is he? by Just+Some+Guy · · Score: 1

      Ah, OK. Thanks to both of you for the explanations.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:Well, is he? by russotto · · Score: 1

      Well I wish computer programming was more accessible to me. What can you do? We live in a complex world. A lot of things require a lot of study to become "accessible", and each of us has only one lifetime. The law, like every other field of study, has its own language, conventions, methods, and processes. It takes time to learn them.

      Yeah, but you can't be sent to pound-me-in-the-ass Federal Prison for an illegal expression in C, whereas you can for violating the law... which you can now do by writing certain computer programs.

    13. Re:Well, is he? by T+Murphy · · Score: 1

      The motion was based on nothing but lies

      You seem to use broad criticisms like this against the RIAA frequently, which is a common sign that someone is overly generalizing and their argument relies on ignoring the details. I have become a little wary of your criticisms due to the lack of concessions and obvious bias. It almost seems possible that the RIAA knows what it is doing in being so incompetent, since it makes me doubt your arguments despite being unable to find any real reason to do so other than the fact that arguments are not supposed to be so strong yet one-sided.

    14. Re:Well, is he? by base3 · · Score: 1

      And that's how I sometimes feel about the law. I normally post here with much less gravitas, but I'm quite serious when I say I'm glad you're on these defendants' side and not the RIAA's.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    15. Re:Well, is he? by Anonymous Coward · · Score: 0

      You will always be new here.

      Because that is all some people can contribute. A misplaced note of elitism.

      What's real sad is they actually think they are being funny and contributing something useful.

      I suppose it keeps them busy and away from the rest of us at least.

    16. Re:Well, is he? by rohan972 · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      In Korea, only old people make "In Soviet Russia" jokes.

    17. Re:Well, is he? by DeadChobi · · Score: 1

      When your User ID is lower than mine then you're not new here anymore. And in Soviet Russia, Here News You!

      --
      SRSLY.
    18. Re:Well, is he? by NewYorkCountryLawyer · · Score: 4, Interesting

      Well if you click the link "pending sanctions motion", and then click through to the underlying litigation document -- my November 7, 2008, declaration -- there you will find a detailed, painstaking, point-by-point analysis of each and every deliberately false statement of fact they'd made in their motion. And if you click through to the UMG v. Lindor case, and look at the RIAA's "reply" declaration, you will see that they were unable to rebut a single one of my allegations.

      --
      Ray Beckerman +5 Insightful
    19. Re:Well, is he? by NewYorkCountryLawyer · · Score: 3, Informative

      I'm glad you're on these defendants' side and not the RIAA's.

      It would not be possible for me, or any lawyer of conscience and professionalism, to be on the RIAA's side in these cases. The RIAA lawyers routinely sign documents they know to be false.

      --
      Ray Beckerman +5 Insightful
    20. Re:Well, is he? by Svartalf · · Score: 1

      That's what I get for making a quick quip while trying to sort out a problem with an embedded distribution install (Day job...)- and not paying close enough attention. 912k...whoo...

      As for my ID... Not swappin' it with anyone. ;-)

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    21. Re:Well, is he? by syousef · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      In Soviet Russia, slashdot is new to you ....wait that doesn't work....

      In Soviet Russia, you are new to slashdot ...doh! neither does that! I give up!

      --
      These posts express my own personal views, not those of my employer
    22. Re:Well, is he? by Anonymous Coward · · Score: 0

      Damn ....

      One of the cleanest slams ever on /., using extensive, well-documented facts to support your position. This could be the wave of the future here ...

      Now I'll just wait around for T.Murphy's apology (OK, now I'm really dreaming).

    23. Re:Well, is he? by Anonymous Coward · · Score: 0

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      You must be new here to be asking that.

    24. Re:Well, is he? by ZachPruckowski · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      I'm pretty sure it's an achievement-system based on meme use. So I think you're about 1/1000 to date. Next time, throw in some stuff about old Koreans emailing, or Natalie Portman, or Beowulf clusters of our new overlords :-) Next submission will be your 200th, so you should totally go all out :-)

    25. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      I'm pretty sure it's an achievement-system based on meme use. So I think you're about 1/1000 to date. Next time, throw in some stuff about old Koreans emailing, or Natalie Portman, or Beowulf clusters of our new overlords :-) Next submission will be your 200th, so you should totally go all out :-)

      I for one welcome the advice of our ZachPruckowski overlords.

      --
      Ray Beckerman +5 Insightful
    26. Re:Well, is he? by Fieryphoenix · · Score: 1

      In Soviet Russia old would consider you!

    27. Re:Well, is he? by lewiscr · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here?

      You'll be new here until you tell those damn kids to get off your lawn.

    28. Re:Well, is he? by NewYorkCountryLawyer · · Score: 2, Funny

      Question: how long do I have to be here before I can be said to no longer be new here?

      You'll be new here until you tell those damn kids to get off your lawn.

      I can't bring myself to use that Slashdot meme. I identify with the kids.

      Would it be ok if I just warned them that my dog uses the lawn too?

      --
      Ray Beckerman +5 Insightful
    29. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      Question: how long do I have to be here before I can be said to no longer be new here? In Soviet Russia I would probably be considered old here.

      I'm pretty sure it's an achievement-system based on meme use. So I think you're about 1/1000 to date. Next time, throw in some stuff about old Koreans emailing, or Natalie Portman, or Beowulf clusters of our new overlords :-) Next submission will be your 200th, so you should totally go all out :-)

      1. Become a member of Slashdot.
      2. Watch, listen, and learn the wisdom of the Ancient Ones.
      3. ????????
      4. Profit!

      --
      Ray Beckerman +5 Insightful
    30. Re:Well, is he? by Anonymous Coward · · Score: 0

      You think AFK is better than IRL? You're still new.

    31. Re:Well, is he? by troll8901 · · Score: 1

      Zing! New meme innovated by NYCL!

    32. Re:Well, is he? by amicusNYCL · · Score: 1

      Now you've done it, Ray. After years and years of lurking around, I've finally decided on an appropriate username.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    33. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      Good one. You were able to change your user name?

      --
      Ray Beckerman +5 Insightful
    34. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      If I really ever did create a Slashdot meme... I could go to my grave in peace, knowing I'd given something back to the world.

      --
      Ray Beckerman +5 Insightful
    35. Re:Well, is he? by Anonymous Coward · · Score: 0

      I've been reading Slashdot for years, but this is actually the first account I've created here. So yes, I changed my user name from "Anonymous Coward". I've followed your stories for a while though, so thanks for fighting The Good Fight!

    36. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      how did you get a user id in the 1 millions, when other people setting up accounts are in the 2 millions?

      --
      Ray Beckerman +5 Insightful
    37. Re:Well, is he? by amicusNYCL · · Score: 1

      And apparently I'm posting anonymously again. I'm not sure how that happened, it says I'm still logged in. Anyway...

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    38. Re:Well, is he? by amicusNYCL · · Score: 1

      That's a good question, I'm not sure I've got an answer to that. I guess I can immediately go around telling people they must be new here.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    39. Re:Well, is he? by alexo · · Score: 1

      Well I wish computer programming was more accessible to me. What can you do? We live in a complex world. A lot of things require a lot of study to become "accessible", and each of us has only one lifetime. The law, like every other field of study, has its own language, conventions, methods, and processes. It takes time to learn them.

      A fine example of a false analogy.

      The right to justice is supposed to be a basic right in a country based on laws and should be accessible (read: affordable) to everybody. Socialized medicine works quite well in several countries and the practitioners are getting paid [1].

      [1] Of course they probably cannot charge $300+/hour for their services but I see no reason that lawyers should.
      I am also under the impression that on the aggregate physicians work harder than lawyers.

    40. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      Well I wish computer programming was more accessible to me. What can you do? We live in a complex world. A lot of things require a lot of study to become "accessible", and each of us has only one lifetime. The law, like every other field of study, has its own language, conventions, methods, and processes. It takes time to learn them.

      A fine example of a false analogy. The right to justice is supposed to be a basic right in a country based on laws and should be accessible (read: affordable) to everybody.

      The GP wasn't referring to cost, he was referring to language -- i.e. the use of Legalese. I agree with you 100% that the right to justice should be, and is not, affordable.

      Socialized medicine works quite well in several countries and the practitioners are getting paid.

      Agreed.

      Of course they probably cannot charge $300+/hour for their services but I see no reason that lawyers should.

      The economics of running a law practice are bad. If I needed a lawyer, I couldn't afford one. I agree that legal representation and advice should be affordable.

      I am also under the impression that on the aggregate physicians work harder than lawyers.

      I have no idea, other than to say that most lawyers I know work very hard, and most physicians I know work very hard.

      --
      Ray Beckerman +5 Insightful
    41. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      Rather than a false analogy, it may be that I misunderstood the GP Post. I thought the person was complaining about not understanding what was going on. I thought the complaint was about the legal complexities and rulings that the GP didn't understand. But now that I re-read it I see that maybe the person is complaining about the money. I don't really understand the part of the post. But if it was about how much lawyers cost, then yes it would have been more than a false analogy on my part, it would have been a pretty meaningless response on my part.

      --
      Ray Beckerman +5 Insightful
    42. Re:Well, is he? by alexo · · Score: 1

      The GP wasn't referring to cost, he was referring to language -- i.e. the use of Legalese.

      That is not what I understood from his example but I will not nit pick seeing as we agree on the important issue.

    43. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      I really don't understand what the GP was saying. But a funny thing happened in drafting my comment. I used those tags and they didn't appear when I clicked on the article, because I didn't know that they were real HTML tags that actually work. I thought the person was just kidding around when using them.

      So I'm formatting this comment so they don't work, which I gather means formatting it as "Extrans (html tags to text)".

      What I had meant to say was that I think I didn't understand the <rant></rant> part of the comment.

      Getting back to the substance, you and I are in total agreement that it is a disgrace that good legal representation is usually only available to the well-to-do or to commercial enterprises. It is the biggest single problem in the RIAA cases, that the RIAA prices its extortionate settlements based upon that inequality. I wrote an article about how the courts are aiding and abetting that problem in the RIAA cases, and making some suggestions about how they could level the playing field a bit. But since this comment is in "Extrans" I can't put the link here. I'll write a separate comment with the link.

      --
      Ray Beckerman +5 Insightful
    44. Re:Well, is he? by NewYorkCountryLawyer · · Score: 1

      This is my article "Large Recording Companies vs. The Defenseless : Some Common Sense Solutions to the Challenges of the RIAA Litigations", which appeared in The Judges Journal in August of last year, in its "equal access to justice" issue. The Judges Journal is a quarterly publication of the American Bar Association for its judicial section, which is comprised mostly of judges.

      --
      Ray Beckerman +5 Insightful
  24. Relevant... how? by Mi1ez · · Score: 1

    Let's just assume that everything they said were accurate accusations and that the FSF is anti-copyright, anti-RIAA, anti-whatever...

    How is this relevant to their case? If anything, doesn't that make the FSF the opposing balance in the scales of the arguments? I'm just not sure that what they're saying really comes down to much more than just 'name-calling' and doesn't really explain whether their case has merit.

    1. Re:Relevant... how? by NewYorkCountryLawyer · · Score: 2, Informative

      Let's just assume that everything they said were accurate accusations and that the FSF is anti-copyright, anti-RIAA, anti-whatever... How is this relevant to their case?

      It's not. The amicus brief simply brought certain legal authorities to the Court's attention. Either the authorities are in the book, or they're not. What FSF's personal opinion of the RIAA is, or what my personal opinion of the RIAA is, is completely irrelevant to anything.

      --
      Ray Beckerman +5 Insightful
  25. Uh, they are LAWYERS! by Locke2005 · · Score: 4, Funny

    If you or I were to do things like that, then we'd be called lying assholes... but if a lawyer does it, then he is simply doing his job.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Uh, they are LAWYERS! by Keyper7 · · Score: 1

      Please be more specific on your lawyer jokes because if you're not you're hitting Ray too. :)

    2. Re:Uh, they are LAWYERS! by Locke2005 · · Score: 2, Interesting

      Lawyers have a responsibility to suggest every possible counter-argument to their opponent's argument, and to cast doubts on the credibility of those arguing against them. So a little hyperbole and bullshit is to be expected. However, past a certain point, the bullshit becomes too blatant to be productive, and may actually become counter-productive. Many believe the RIAA passed that point so long ago, they can't find there way back to it. I suspect Ray uses hyperbole in arguing his points as well, but at least he is familiar with the meaning of the word "subtle"

      Let me put it this way: I was once sued in small claims court where I told the absolute truth, while the plaintiff lied through her teeth the whole time. Eg. Her: "He hasn't given me a dime!" Me: "You honor, I have the canceled checks right here." At any rate, the judge simply assumed both sides were lying equally, and split the difference, awarding her approximately half of what she was asking for (and not giving any math or logic to support this decision.) The point is, if you are not willing to stoop to the same level as opposing counsel, then you are not acting in your client's best interests. (Up to the point where your opponent does something illegal, of course. Then your best course of action is to document the illegal or unethical behavior to the best of your ability.)

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:Uh, they are LAWYERS! by Anonymous Coward · · Score: 0

      Me: "You honor, I have the canceled checks right here."

      Did you actually submit the canceled checks as peices of evidence? I am not a lawyer, but unless you did I think the judge still has to treat it as a your word against hers. If that was the case, it goes a long way to explaining the judge's verdict.

    4. Re:Uh, they are LAWYERS! by Locke2005 · · Score: 1

      I believe I showed the canceled checks to the judge. I also believe there isn't any "entering into evidence" in small claims court; they mostly want to get you in and out of there as quickly as possible.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  26. Millions of damages by gnasher719 · · Score: 1

    The RIAA claims that the damages are much higher than 35 cents per song, because the song could potentially be downloaded by millions of people.

    But that is a lie. Bandwidth is limited. For example, with a 10 GB upload allowance, I can upload a song with a typical size of 4 Megabyte only 2.500 times per month. But that is not the limit per song, that is the limit for _all_ songs.

    I would also add that newspapers in the UK have been regularly adding CDs to their complete circulation. That is complete CDs packed full with music that was commercially produced and sold successfully have been distributed to say 2 million readers of the Daily Mail. As an example, I have a CD titled "Daily Mail - 20 Love Songs" (don't ask) containing the following songs:

    Brown Eyed Girl (Van Morrison)
    Piece Of My Heart (Erma Franklin)
    If You Don't Know Me By Now (Harold Melvin & The Blue Notes)
    Me & Mrs Jones (Billy Paul)
    It's Over (Roy Orbison)
    The Most Beautiful Girl (Charlie Rich)
    Always On My Mind (Willie Nelson)
    Ain't No Sunshine (Bill Withers)
    Love Really Hurts Without You (Billy Ocean)
    After The Love Has Gone (Earth Wind & Fire)
    I Left My Heart In San Francisco (Tony Bennett)
    ...
    Eternal Flame (The Bangles)

    These twenty songs have not been distributed to "potentially millions of downloaders", they have been distributed to two million real newspaper buyers!

    I would really like to know how much the Daily Mail paid for this.

    1. Re:Millions of damages by Red+Flayer · · Score: 2, Funny

      I would really like to know how much the Daily Mail paid for this.

      I don't know, but after reading that songlist I'm gonna go home and make sweet, sweet love to my wife.

      OK, I'm actually going to go home and try to put the moves on my wife, who will reject me because she's "too tired" or "has a headache" or "is dying from some venereal disease" or some other lame excuse.

      Who am I kidding? I'm going to go home, go downstairs to my cave, and masturbate quietly so my mom doesn't hear, just like every night.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:Millions of damages by vivaelamor · · Score: 1

      The RIAA would probably point out that the people who download the song would share it too. Which would nicely sum up the usefulness of arguing with them as it is technically irrelevant but gives the faithful more things to point at to support their opinion.

      As you point out, making music available for people to copy is pretty much the business model that supports them. The thing that qualifies most 'pirates' to receive their wrath is the judgement passed on their intentions because they haven't 'paid the piper'.

      Eventually society may learn to see through their dogma to the futility of criminalising something all in the name of a business model; especially when there is no effective way to police it. At best they are really naive. Evidence suggests that that being so greedy and selfish, they also lack the ideals they champion.

      At the end of the day, the only people keeping momentum going in the RIAA's favour is the RIAA through the funds of the redundant business model. While they may eventually find a new way to make money.. at that time the greedy pigs will no longer care about the current issues. Those who think it is a moral issue may witness the recording industry suddenly doing a u-turn (like they did with TV, radio, etc.) and embracing whatever new way they find to swindle people.

      Things are already at the point where their supporters are suggesting that the futile gestures are necessary in the name of morality. When the RIAA stop championing the issue the 'thou shalt not steal' crowd will no longer be relevant.

  27. Snippet Rewrite please.. by Anonymous Coward · · Score: 0

    Can the snippet be re-written in English please? I don't speak Lawyeresse.

    1. Re:Snippet Rewrite please.. by Red+Flayer · · Score: 1

      Can the snippet be re-written in English please? I don't speak Lawyeresse.

      Lawyeresse? Is that German for the eating of lawyers? Sounds like a good idea.

      Seriously, though, it wasn't that hard to understand. Google is you friend... so is a dictionary. If you really want to understand a legal issue, you need to learn the legal terms, as they don't always translate easily to vernacular English. A single legal term might need 20-30 words to explain in simple English without muddying what is being said.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:Snippet Rewrite please.. by Anonymous Coward · · Score: 0

      "Lawyeresse."

      Apparently you don't speak English either.

    3. Re:Snippet Rewrite please.. by Anonymous Coward · · Score: 0

      No, that is NOT german (trust me I know that one by default)and it has nothing to do with eating lawyers

      It is the more friendly description for the ho of a lawyer.
      Think like "Stewardess(e)" the ho of the Stewards on a plane (sort of I guess)

  28. So? by Faylone · · Score: 3, Insightful

    The RIAA is an organization dedicated to maximizing restrictions on copying, redistribution, and modifying music. They have a virulent, though perhaps less open, bias against music customers; and are blatantly biased for the record companies.

    1. Re:So? by jgostling · · Score: 0

      The RIAA is an organization dedicated to maximizing restrictions on copying, redistribution, and modifying music. They have a virulent, though perhaps less open, bias against music customers; and are blatantly biased against the public.

      There. Much more accurate.

      Cheers!

  29. We're not *your* friend, buddy! by HTH+NE1 · · Score: 3, Funny

    termed the FSF an organization 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs', and accused the FSF of having an 'open and virulent bias against copyrights' and 'blatant bias' against the record companies. They called 'Recording Industry vs. The People' an 'anti-recording industry web site'

    What part of our confrontational legal system does the RIAA not understand?

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    1. Re:We're not *your* friend, buddy! by geekoid · · Score: 2, Insightful

      The part where it works against them.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:We're not *your* friend, buddy! by LihTox · · Score: 1

      What part of our confrontational legal system does the RIAA not understand?

      Absolutely: of COURSE they're biased. They're an ADVOCACY group. In some fields (e.g. journalism) "biased" is an insult; in this case, "biased" is their job.

      No doubt the RIAA demands the same level of unbiasedness from their lawyers, right? "Your Honor, my client might be guilty, they might be innocent, hard to say really. On the one hand...but on the other hand...." :)

  30. People disagree with you from time to time by Captain+Spam · · Score: 1

    Looking over the summary, at least, I'm left with one question: Are there any actual legal ramifications to this, or does this more or less boil down to "Mommy, make them stop saying mean things about meeeeeee!"?

    --
    Demanding constant attention will only lead to attention.
    1. Re:People disagree with you from time to time by NewYorkCountryLawyer · · Score: 3, Informative

      Looking over the summary, at least, I'm left with one question: Are there any actual legal ramifications to this, or does this more or less boil down to "Mommy, make them stop saying mean things about meeeeeee!"?

      There are no legal ramifications to the ad hominem attacks; the RIAA was merely saying "Mommy, make them stop saying mean things about meeeeee!".

      As to the rest of the brief it grossly misstates and misunderstands the law regarding the jurisprudence of Due Process scrutiny of statutory damage awards.

      Fortunately, Judge Gertner -- unlike the RIAA's lawyers -- can read.

      --
      Ray Beckerman +5 Insightful
    2. Re:People disagree with you from time to time by Svartalf · · Score: 1

      unlike the RIAA's lawyers

      Ouch... Ray, I sense you're holding back on us, buddy... Tell us how you REALLY feel about 'em. :-D

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    3. Re:People disagree with you from time to time by NewYorkCountryLawyer · · Score: 1

      Not that I have strong feelings about it.

      --
      Ray Beckerman +5 Insightful
  31. I am shocked! by Locke2005 · · Score: 4, Interesting

    I am shocked and amazed that the people who filed an amicus curiae brief opposing the RIAA's actions in court are all actually members of organizations with a history of opposing the RIAA!!! We cannot allow this bias to continue! Anyone submitting an amicus curiae brief should first have to prove that they no particular bias towards either side of the argument! Look, it is by definition an adversarial relationship; it is a lawyer's job to paint their opponents in as poor a light as possible. Any judge who can't see through this blatant hyperbole doesn't deserve to sit on the bench.

    As far as the "pending sanctions motion", anybody can _request_ sanctions against opposing counsel - I've done it myself, when somebody suing me for $500,000 couldn't even be bothered to meet the court imposed deadlines. A pending motion is standard operating procedure. Get back to me when a judge actually imposes sanctions -- that is much more rare.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:I am shocked! by banffbug · · Score: 1

      Your first paragraph I entirely agree with. Your second not so much, as I expect nothing less of slashdot than to report this news.

  32. I love the RIAA... by Progman3K · · Score: 3, Funny

    No matter what you do to them, you don't feel bad.

    Seriously, it is great to see them being openly evil like this, for those that are slow or haven't gotten the point.

    Well done, RIAA. Try twirling your mustache the next time you accuse anyone, just to really seal the deal.

    --
    I don't know the meaning of the word 'don't' - J
  33. Why Pay These Thugs To Beat People Up? by Anonymous Coward · · Score: 0

    Why pay these thugs to beat people up?

    We pay their salaries. No-one else does.

    Boy

    Cott

    RIAA

    Boy

    Cott

    RIAA ...

  34. Ah ah ah "violent bias" by Nicolas+MONNET · · Score: 2, Insightful

    That reminds me, pardon my Godwin, of an old line from the late Pierre Desproges: "You will never manage to completely convince me that jews weren't at least a LITTLE bit guilty of irrationnal anti-nazi bias."

  35. My favorite quote by Evets · · Score: 5, Insightful

    To support its proportionality argument, FSF contends that Plaintiffsâ(TM) lost profits in the
    case should be based on a per/download loss of âoeapproximately 35 cents.â Apart from the fact
    that the argument relies on âoefactsâ not in the record in this case, the contention ignores the nature
    of Defendantâ(TM)s infringement.

    And then in the very next sentence:

    Defendant has not only infringed Plaintiffsâ(TM) works through
    downloading, he has also distributed Plaintiffsâ(TM) works for years to potentially millions of other
    file sharers.

    I mean... unless something has changed in their pattern, they only have documentation of one legal download and that being from an investigation team that may or may not be licensed.

    Why has no attorney ever taken a look at the finances and circumstances associated with one particular song - how much revenue did this earn in the year prior, the year during, and the year after the alleged infringement. Most of the songs that I've noted have been out for at least a decade if not two, with little or no marketing, and zero spins on any of the radio stations I listen to.

    Another argument I never see in any of these is the challenge the RIAAs ownership of the material. A 20 year old song may or may not have a clear ownership record, and with the history of the industry, you really should establish that the recording artists, the producers, and the songwriters all have given the RIAA authority willingly and contractually prior to the filing of any individual lawsuit.

  36. WRONG, missing the point completely by Nicolas+MONNET · · Score: 1

    The GNU licence uses copyright law against itself. It doesn't mean the FSF condones copyright law. Just like if I don't agree with ill-considered tax-breaks doesn't mean I'm going to be the only fucker paying them.

    1. Re:WRONG, missing the point completely by zoips · · Score: 0

      Right, I see that. Perhaps I'm being dense, but it seems that without copyright the FSF has to depend on everyone being an FOSS supporter. I don't agree with the AC in that I don't think businesses will just shrug and open-source (in this case, release to the public domain) all their software if software copyrights disappear.

    2. Re:WRONG, missing the point completely by Anonymous Coward · · Score: 2, Insightful

      No of course they wouldn't, closed source businesses would hiss and spit bloody murder, but the AC you linked to didn't even suggest they would do that.

      But that doesn't mean that over the longer term they'd do well - youngsters today somewhat overestimate the difficulty of reverse engineering from binary. Open-source programming-as-a-service-provision businesses would (already do anyway) spring up to replicate any functionality provided by closed stuff in the old system.

      See, really, "programmer" *should* be a professional class like "doctor", "lawyer" - as a consulting programmer providing a service you're advising people how to run their computing machines (professing on the subject!) ...Really detailed, step by step advice... Open source basically just means that you're free to reuse existing advice verbatim when supplying that advice. It reflects closely the situation with contract terms, which lawyers freely copy/paste (when it comes to their _own_ work, they see the benefit of sharing) since they set it up so that contract texts themselves exempt from copyright in most systems. See, the lawyers know themselves that copyright is wrong...

    3. Re:WRONG, missing the point completely by Jah-Wren+Ryel · · Score: 1

      Think of it this way:

      There is practically no market for cars with their hoods welded shut. We even have laws in the US that explicitly guarantee you the right to use 3rd party upgrades and parts on your car and it will not violate your warranty or the car manufacturer's liability unless those 3rd party parts are the cause of a failure (Magnuson-Moss Warranty Act).

      The FSF's goal is to move the market for software to the same point where the market for cars is - closed source, binary only distributions being the equivalent of a car with the hood welded shut. With alternatives in the market and an educated base of consumers the expectation is that proprietary software will just not be able to compete.

      --
      When information is power, privacy is freedom.
    4. Re:WRONG, missing the point completely by Kuroji · · Score: 1

      If memory serves, there actually is (or at least was, I forget the particulars) a Lexus model where the engine was quite literally inaccessible to the consumer -- it had a large cover over it, when you opened the engine compartment. You could replace the battery but nearly everything else you had to take it to a dealer or one of their mechanics to remove that cover.

      And if memory serves it went over like a lead balloon.

  37. Missing the point by Nicolas+MONNET · · Score: 1

    The FSF is against copyright, it just so happens to use copyright to protect itself from copyright abusers.

  38. Well-structured ad hominem attack by Nefarious+Wheel · · Score: 4, Insightful

    I've noticed that people resort to ad hominem when they haven't a better arguement to use.

    The 9-page brief looks like a very nicely structured ad hominem attack, but that's all it is.

    Or, to paraphrase, "Don't listen to him, he's just a lawyer! Whereas I am the True Friend of the Court, he's your enemy! Actually, he's mine, but I'd prefer you thought of him as yours".

    --
    Do not mock my vision of impractical footwear
    1. Re:Well-structured ad hominem attack by NewYorkCountryLawyer · · Score: 5, Informative

      I've noticed that people resort to ad hominem when they haven't a better argument to use. The 9-page brief looks like a very nicely structured ad hominem attack, but that's all it is.

      Exactly, Nefarious. Except I would question whether it was "nicely structured". It was the work of an incompetent, untrained lawyer who has no respect for the law, and no understanding of what a lawyer is supposed to be. By filing such a brief he merely reinforced the fact that the law is against him. There is not a federal court in the land that will sustain the constitutionality, as against a due process challenge, of a statutory damages award equal to 2100 or more times the actual damages sustained.

      --
      Ray Beckerman +5 Insightful
    2. Re:Well-structured ad hominem attack by CecilPL · · Score: 4, Funny

      "If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table."

    3. Re:Well-structured ad hominem attack by melikamp · · Score: 1

      Sorry if this is too random, but you seem to be extremely well informed about this case.

      I live in Boston and I am interested in visiting oral arguments in Sony v. Tenenbaum. Is there, like, a program for this show? Where can I get tickets?

    4. Re:Well-structured ad hominem attack by gv250 · · Score: 2, Insightful

      The 9-page brief looks like a very nicely structured ad hominem attack, but that's all it is.

      It was the work of an incompetent, untrained lawyer who has no respect for the law, and no understanding of what a lawyer is supposed to be.

      Speaking of ad hominem ...

      Ray, I'd mod you +1 Ironic if I could.

    5. Re:Well-structured ad hominem attack by sexybomber · · Score: 1

      I live in Boston and I am interested in visiting oral arguments in Sony v. Tenenbaum. Is there, like, a program for this show? Where can I get tickets?

      You should be able to just go and sit in the gallery. Find out where the Federal Courthouse is, give them a call to find out when oral argument is scheduled for Sony v. Tenenbaum, and show up early to get a good seat.

    6. Re:Well-structured ad hominem attack by vivaelamor · · Score: 1

      Not so sure, NYCL was stating an opinion not giving an argument and i'm fairly sure that 'ad hominem' is specific to arguments. Still, it is funny even if it's not all that ironic.

      Incidentally, anyone else think that the only reason NYCL submits these stories is to brighten up our day with the humour that ensues?

    7. Re:Well-structured ad hominem attack by Cornwallis · · Score: 1

      Ray, Just butting in to than you for your work. I really appreciate it.

    8. Re:Well-structured ad hominem attack by NewYorkCountryLawyer · · Score: 4, Funny

      anyone else think that the only reason NYCL submits these stories is to brighten up our day with the humour that ensues?

      Let me know the results of this poll. I've never considered myself much good at providing humor, or at brightening anybody's day. But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change.

      --
      Ray Beckerman +5 Insightful
    9. Re:Well-structured ad hominem attack by vivaelamor · · Score: 1

      An unwitting wit, without which, moods wilt?

      Maybe the RIAA could try legalise in verse and rhyme. At least then the worth of their arguments would increase if they are better at poetry than law.

    10. Re:Well-structured ad hominem attack by Nefarious+Wheel · · Score: 1

      ...i'm fairly sure that 'ad hominem' is specific to arguments

      Correct. More correctly, it's a violation of the principles of logic, i.e. you can't determine the truth of an argument by referring to the person who proffered it. It's called argumentum ad hominem and it's one of the classic logical fallacies. http://en.wikipedia.org/wiki/Logical_fallacies. I read "fallacy" as the ability to fail.

      --
      Do not mock my vision of impractical footwear
    11. Re:Well-structured ad hominem attack by imhennessy · · Score: 1

      What ever happened to:

      When you have the facts on your side, pound on your chest.

      When you have the law on your side, pound on anyone you please.

      When you have neither on your side, pound a fifth.

      --
      Like to brew? Want to talk about it? Brattlebrew: groups.yahoo.com/group/brattlebrew
    12. Re:Well-structured ad hominem attack by Alsee · · Score: 1

      I've never considered myself much good at providing humor, or at brightening anybody's day. But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change. (Score:3, Funny)

      I wouldn't quit my day job just yet.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:Well-structured ad hominem attack by syousef · · Score: 1

      "If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table." ...and if you end up in prison.....well prepare to be pound in the...

      --
      These posts express my own personal views, not those of my employer
    14. Re:Well-structured ad hominem attack by MartinSchou · · Score: 1

      Well, maybe some of these cases would make for good stories as a comedian:

      "And then one time, at band court, I shoved a tuba up their ass!"

      Actually ... if you've done that to an RIAA lawyer, I think we'd all want pictures.

    15. Re:Well-structured ad hominem attack by PMBjornerud · · Score: 1

      But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change.

      Nothing gets the word out better than a celebrity-level stand-up comedian basing his show on mocking the RIAA.

      (Somehow, though, I think the "celebrity level" comedy might be easier said that done ;)

      On the positive side, such a man would surely benefit from also being a competent lawyer - due to the massive lawsuits that the RIAA would immediately file for each and every humorous reference targeting them.

      --
      I lost my sig.
    16. Re:Well-structured ad hominem attack by NewYorkCountryLawyer · · Score: 1

      I've never considered myself much good at providing humor, or at brightening anybody's day. But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change. (Score:3, Funny)

      I wouldn't quit my day job just yet.

      It's not like I really have a day job.

      --
      Ray Beckerman +5 Insightful
    17. Re:Well-structured ad hominem attack by Anonymous Coward · · Score: 0

      anyone else think that the only reason NYCL submits these stories is to brighten up our day with the humour that ensues?

      Let me know the results of this poll. I've never considered myself much good at providing humor, or at brightening anybody's day. But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change.

      It seems to me that RIAA getting smacked down, as well as setting itself up to be smacked down, would brighten the day of most /.ers.

      NYCL, keep doing what you're doing. The humor will follow naturally.

    18. Re:Well-structured ad hominem attack by NewYorkCountryLawyer · · Score: 1

      anyone else think that the only reason NYCL submits these stories is to brighten up our day with the humour that ensues?

      Let me know the results of this poll. I've never considered myself much good at providing humor, or at brightening anybody's day. But if I get strong results in the poll, I may have to reconsider my overall outlook, maybe even make a career change.

      It seems to me that RIAA getting smacked down, as well as setting itself up to be smacked down, would brighten the day of most /.ers. NYCL, keep doing what you're doing. The humor will follow naturally.

      OK then. I'll just stay in my present line of work, and hope things get better.

      --
      Ray Beckerman +5 Insightful
  39. not an attack by interkin3tic · · Score: 2

    They didn't claim FSF is a terrorist organization (yet.) "Dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs" and having an "open and virulent bias against copyrights' and 'blatant bias' against the record companies." sounds like a compliment to me. I'd wear it as a badge of honor, as I'm sure FSF will do.

    The RIAA didn't attack the FSF, they were praising the FSF for standing up to an evil organization: the RIAA.

    1. Re:not an attack by digitalunity · · Score: 3, Interesting

      Kind of funny considering the GPL would be powerless without copyrights. The entire basis of the FSF to enforce GPL compliance is copyright laws.

      You could almost say that without copyright laws, the FSF probably wouldn't exist.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    2. Re:not an attack by Aphoxema · · Score: 1

      Hollywood could totally make a movie out of the epic tale that this all is, then it could get released a month before theatric release on TPB, then a month after it's out the F/OSS community could make a free version of it, then Hollywood would try to use Motion Picture Patents against the free version of the movie, the Hollywood would be destroyed by their inability to compete with a bodyless organization of minds.

      Then we could make a movie out of that!

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    3. Re:not an attack by interkin3tic · · Score: 2, Interesting

      You could also say that without crime, police wouldn't exist.

      Also, I'm even less of an expert than all the IANAL people around here, so forgive me for asking but without any copyright laws, would there be any need for GPL? I was under the vague impression that GPL was an effort to prevent someone from using part or all of your work that you wanted to remain free to the public and stamping their own copyright on it. Again though I admit I'm very unfamiliar with that stuff, and would be more suprised if I was right than I would be to hear that's not what GPL was about.

    4. Re:not an attack by palindrome · · Score: 1

      I think that's true, but I think copyright is a good thing as long as it protects the artist and not some middleman organisation.

    5. Re:not an attack by One+Louder · · Score: 2, Interesting

      ...without any copyright laws, would there be any need for GPL?

      Without copyright law, there would be nothing to enforce access to source code, therefore a company could take an otherwise "open" pool of code, modify it and distribute it without disclosing the modifications. Add a dash of DRM to defeat unauthorized (but otherwise legal, without copyright) redistribution of binaries, and you've got a closed system.

    6. Re:not an attack by neural.disruption · · Score: 1
      [ironic]

      Those commies... unrestricted copying? Do you think you're in Soviet Russia?
      The FSF is the very back bone that supports the structure of the great axis of evil of terror that has declared itself enemy of the holy western world!

      [/ironic]

    7. Re:not an attack by russotto · · Score: 1

      Has the FSF actually said word one about the record companies? I know Stallman wrote "The Right to Read" about books, but I don't recall anything from Stallman or FSF about the record companies. Perhaps the RIAA is getting a bit paranoid.

    8. Re:not an attack by bluefoxlucid · · Score: 1

      in other words, it'd be the BSD MIT license, which Stallman is starkly against.

    9. Re:not an attack by ppanon · · Score: 3, Insightful

      in other words, it'd be the BSD MIT license, which Stallman is starkly against.

      Sort of. The BSD/MIT licence doesn't just allow somebody to slightly modify and close the source. It allows somebody to do that and re-licence under a closed copyright that prevents copying (as long as credit/attribution for the original work is given) - which I think is what Stallman is really against.

      Without copyright, if somebody tried to do the above, (like Microsoft did with the AD Kerberos group extensions, for instance), you would be able to decompile Microsoft's code, identify changes from the original release, clean up and optimize the changed/decompiled source, and re-release it in commented source form, all without fear of legal reprisals. That would certainly be more work than the current system under the GPL, but you would effectively still have most of the rights that Stallman advocates for: the ability to own, maintain, and redistribute software you have placed an investment in, be it through development or purchase.

      So I think Stallman would prefer the current status quo with GPL protection because itrequires less maintenance effort once GPL code has enough market share that network effects work in its favour, but would be satisfied with a copyright-free world.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    10. Re:not an attack by Jane+Q.+Public · · Score: 1

      They are false statements anyway, or at least severe twists of the truth. FSF supports GNU as free software, and other free software in general. Big deal. I did not see anywhere on their site that they promote the elimination of copyrights or any of those other things.

    11. Re:not an attack by Larryish · · Score: 1

      ... would be more suprised ... to hear that's not what GPL was about.

      It's not about that at all.

      .

      ,

      wait for it...

      .

      ,

      SURPRISE!

    12. Re:not an attack by init100 · · Score: 1

      They did file an amicus curae brief in the case in question. After all, the RIAA motion is in response to that brief.

    13. Re:not an attack by interkin3tic · · Score: 1

      Wow, that I was wrong, plus the "SURPRISE" added up to about the level of surprisedness that I would have had if I was right.

    14. Re:not an attack by david_thornley · · Score: 1

      in other words, it'd be the BSD MIT license, which Stallman is starkly against.

      [Citation needed]

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:not an attack by Valdrax · · Score: 1

      I was under the vague impression that GPL was an effort to prevent someone from using part or all of your work that you wanted to remain free to the public and stamping their own copyright on it.

      If we lived in a world of entirely interpreted languages, this would be true.

      However, most commercial code is compiled into binary format, and the real problem is with people taking your work, modifying it, and then not releasing the changes. Everything being public domain would do absolutely nothing to prevent this. That's the difference between the GPL (must give back the code), the BSD license (must give credit), and public domain (we owe you nothing).

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  40. Take off your goggles...look around you.... by rts008 · · Score: 3, Insightful

    This is news how?[...]
    The only thing newsworthy I got from this is that the RIAA is just slightly more petty than I thought.[...]
    The thing people need to get over, and real quick, is the thought that the second they see anywhere in media the acronym RIAA, that they need to immediately post it on Slashdot.[...]
    What we need, to effectively fight back against their idiocy, is SUPPORTERS. [my emphasis]
    [...]
    Those are the things we need to do, or maybe even get some of us geeks to inundate media with easily comprehended information that average Joe blow can read and care about, and help spread the word to the masses about their evils. Find a way to make the average citizen give a crap about this issue, and you've found a way to get some money and influence behind this issue on a side that is NOT the RIAA. But until then, we'll always be a flea, biting the back of the Mammoth that is Industrialized politics at work.

    So, I feel you are saying:
    "We are preaching to the choir, and will never get anywhere"
    If I have misunderstood, then correct me...I can take it, and welcome it, in fact.

    Working on the above perspective, I have to reply to counter argue.

    I will use myself as an example.
    I lurked here for several years before getting an account.
    Why?
    I learned stuff that was new to me, but was dismissed as 'old news' by those with your attitude. Those comments still came through, in spite of those like you.
    I found interesting things to explore and learn about, and still do here on slashdot...every day!

    I found out about GNU/Linux on slashdot, despite you, and the fact it existed before I was aware that it was news.

    There is benefit to 'preaching to the choir', as the choir grows, and talks to others.

    I've learned about many things that I had no previous clue that they existed from the 'preaching to the choir' bunch here on slashdot.

    Again, if I have misunderstood, please accept my apology, and correct me.
    If my assumption was correct, or close, then think about what I said, and have some patience...we were all n00bs at one point....there will always be n00bs, and the future is full of n00bs...in reference to anything.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Take off your goggles...look around you.... by S7urm · · Score: 1

      My point in making that comment was to get people thinking on their definitions of "news worthy" The only reason I even brought that part of it up is because (for reasons even I don't know so I shouldn't expect anyone else to) I've been p1ssy about that lately.

      I only can correct you in the assumption that I think "we'll never get anywhere". Obviously we have, because we've drawn their ire, unfortunetly in the form of litigation. I just have a hard time listening to people dream big without any true plan on how to live those dreams. I think that we're making progress in this venture daily, however, I feel that taking a different tack on this could work to benefit our cause further. In that regard, I advocate trying to make more people see the light of our understanding of those(RIAA) people's evil. I also try to point out that though /. has a significant amount of traffic, we are a niche of a much larger collection called America (and others of course) and without the other 99.9% of our population, attacking corporation sponsored evil, that is hell bent on raping our rights, doesn't get us very far.

      I meant you, nor anyone no disrespect (Ghost Dog....frickin Forest Whittaker as a Samurai....awesome) and I as well was...and in quite a few ways still am a "noob". Hell I just recently learned about Ubuntu, which I had never heard of before Slashdot (/ducks) and am now considering a dual boot system at home so the wifey (yes beleive it or not I am married, and no I don't need to inflate her) can still boot Winblowz, and I can run off Ubuntu which I never would have thought to do without the information I garnered here. I appreciate your candor in that response and am fully aware that I am contradicting myself to an extent here, however I gotta have something to do while I'm working my late night here in lonely ole' IT Support, so I posted my internal rant

      I hope people find your comment insightful, and if I had MOD points, I'd hit ya up,(and if I hadn't commented here already....which kinda makes that point moot but whatever)

      Peace,

      --
      "This is the value of a summer spent and a winter earned"
    2. Re:Take off your goggles...look around you.... by rts008 · · Score: 1

      Ah! I did misunderstand. My sincere apologies!

      and am now considering a dual boot system at home so the wifey (yes beleive it or not I am married, and no I don't need to inflate her) can still boot Winblowz, and I can run off Ubuntu which I never would have thought to do without the information I garnered here.

      Good luck with the dual boot.
      Make sure anything important is backed up first. I've never had a problem with Ubuntu trashing my XP partition when I used to dual boot, but you never know.

      I am also married, and 'had' to keep XP around for her, but it was not long until I would find her on my PC with Kubuntu, playing some of the games.

      You might try Kubuntu, coming from Windows. As long as you don't get the 'Alternate CD' iso, it will act as a 'Live CD' that you can boot into without installing. Gives you a chance to try different distros without the installation time/effort.

      I won't say this with authority, but you might find more difference between the Gnome and KDE desktops than you will with the actual *nix 'under the hood'.

      If you have any questions, or trouble, feel free to contact me. Just use my username in front of 'hotmail.com' or same in front of 'suddenlink.net', but be patient. I usually only get around to checking them once a week, unless something is going on.
      I may not have the answer, but if I do, then so will you. If I don't, I usually know where/how to find the answer. So far for me, here, and the specific distro forums have been the most help.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  41. Check out Magnatune by gnasher719 · · Score: 1

    Here is one of the RIAA's claims: Indeed, the cost of an unrestricted license to distribute Plaintiffs' copyrighted works for free on the Internet would be astronomical.. I think that could be checked with a simple call to Magnatune (www.magnatune.com).

    1. Re:Check out Magnatune by betterunixthanunix · · Score: 1

      Well keep in mind that, the way most economic models work, if you fail to capitalize on something, you have lost money. Actually, as I learned it, if you have two profit making options, and fail to choose the one with the greater potential for profit, you have turned a loss in the model, even though you technically turned a profit. Something like that, anyway -- it sounds no more logical now than when I first learned it.

      The RIAA has the potential to make millions of dollars by restricting the redistribution of its music; thus, granting legal permission for unrestricted redistribution amounts to a multimillion dollar cost for any given song, even though the real cost of doing so is very small (thousands of dollars for electricity and an Internet connection).

      --
      Palm trees and 8
    2. Re:Check out Magnatune by gnasher719 · · Score: 1

      The RIAA has the potential to make millions of dollars by restricting the redistribution of its music; thus, granting legal permission for unrestricted redistribution amounts to a multimillion dollar cost for any given song, even though the real cost of doing so is very small (thousands of dollars for electricity and an Internet connection).

      I'll give you a very simple calculation.

      Sony is right now valued at about $26 billion on the stock market. That includes everything. A small part of the company is their music business. I would estimate that they hold the rights to about two million songs. Even if we assume that these music rights make up 50 percent of the value of the company, that is 13 billion dollars or about $6500 per song.

      I think Sony's shareholders should sue the company, because the make an awfully bad job at convincing the stock market of the value of their precious IP.

    3. Re:Check out Magnatune by Todd+Knarr · · Score: 1

      The model sounds ridiculous because it's based on a fallacy: the idea that you can have everything. The reality is you can never have everything. If I've got 1 car to sell and 2 people offering to buy it the model says my potential gain is 2 cars, so if I only sell 1 the other one I didn't sell counts as a loss. The reality is I only have 1 car to sell regardless of how many buyers may be lined up. I can't magically create a second car from nothing so my potential gain is at most 1 car, half what the model says. If I sell the car to the first buyer the second buyer does not represent a lost opportunity because he never represented an opportunity in the first place. At most the only loss represented there is if the second buyer was offering more than the first, and then the loss is at most the difference between the highest offer I got and what I actually sold it for.

      This also explains why the economy's currently so FUBAR: the people running it are basing their decisions on models that ignore fundamental aspects of reality that directly impact the accuracy of the model. You do that long enough, it will come back to bite you because reality doesn't have to care about your model.

  42. KHHAAAAAANNNNNNNN!!!11!! by rts008 · · Score: 1

    Say?
    His reply will be to mobilize the GNU/HURD, unsheath his katana, and attack, like robot-ninja-monkeys...

    There will be no 'say'...just bloody apocalypse!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  43. And... by fuego451 · · Score: 1

    Don't forget his Recorder of Death.

  44. so what if they're guilty by Khashishi · · Score: 1

    It wouldn't surprise me one bit if that FSF has an "'open and virulent bias against copyrights' and 'blatant bias' against record companies". Since I last heard, it's not illegal to criticize the RIAA and copyrights.

  45. Idiots by Greyfox · · Score: 4, Funny
    Unlike the RIAA, the FSF will never lose a copyright based lawsuit they initiate.

    Or, to put it another way, Richard Stallman's cock is larger than the the cock size of everyone associated with the RIAA combined! What are they going to do in the face of such an enormous penis? What can they do?

    Yeah I could make a serious post on the subject, but I'm giving the RIAA all the respect they and their shrill complaints deserve.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Idiots by shutdown+-p+now · · Score: 1

      Or, to put it another way, Richard Stallman's cock is larger than the the cock size of everyone associated with the RIAA combined! What are they going to do in the face of such an enormous penis? What can they do?

      Fork it?

    2. Re:Idiots by Anonymous Coward · · Score: 0

      Your admiration of RS's stature is appropriate enough, but we should not forget that size alone is not everything. It surely is also noteworthy the extent to which the enormous organ remains unwashed?

  46. NYCL strikes again by Tiro · · Score: 4, Funny

    Wow, perfect grammar in a /. story summary! I can't recall seeing such an exquisite exposition of the proper usage of nested quotation marks.

    It's almost as if /. found a professional editor!

    Oh wait...

  47. RIAA went too far this time!!! by TrebleJunkie · · Score: 1

    They should have simply called the FSF, "Fucking Communists" and that would have sufficed.

    --

    Ed R.Zahurak

    You know, oblivion keeps looking better every day.

  48. Unethical submission by harlows_monkeys · · Score: 1

    It's been a few years since law school, so I may not be remembering my legal ethics class fully--but it seems at the very least highly questionable for a lawyer involved in a case to be submitting articles about that case to Slashdot.

    1. Re:Unethical submission by Anonymous Coward · · Score: 0

      It's certainly something I wouldn't recommend, and would not support if any lawyer representing me even suggested the idea.

      Not sure if there's anything that can be done except by his clients though.

    2. Re:Unethical submission by vivaelamor · · Score: 1

      I think perhaps codes of ethics don't always match too well with reality. While it may well violate some lawyers code of ethics (I wouldn't know), I don't see any real ethical issues as long as NYCL has given due thought to how it may effect his client or the case before posting.

      Maybe you could be more specific about whether you are referring to a code violation or a matter of actual ethics theory? If it is the latter then you would have to have an insight into the case that I lack to have spotted any problems.

    3. Re:Unethical submission by Areyoukiddingme · · Score: 2, Informative

      It's been a few years since law school, so I may not be remembering my legal ethics class fully--but it seems at the very least highly questionable for a lawyer involved in a case to be submitting articles about that case to Slashdot.

      I don't ever have to attend a legal ethics class to be absolutely certain you're wrong. There's nothing remotely unethical about submitting news articles about your own amicus curae brief. Quite the opposite. Such briefs are almost invariably filed by advocacy groups that exist for the purpose of publicizing such things.

      I'll go even further. It's not unethical for a lawyer to publicize elements of a case he's involved in as a representative of one of the litigants when the lawsuit isn't under seal. The court filings themselves are public documents, in law and in fact. They always have been. So quoting them in their entirety, verbatim, is not only perfectly legal and ethical, it's also useful to the practice of law. Discussing them in detail is similarly useful. Summarizing and commenting on them likewise.

      Perhaps you think that law commentary outside of the Law Review publication is unethical. You're sadly mistaken. It is both legal and ethical for anybody to discuss matters of public record. The day it's not is the day the USA becomes a fascist totalitarian state.

    4. Re:Unethical submission by harlows_monkeys · · Score: 1

      How about rule 3.6 of the ABA model rules of professional conduct?.

    5. Re:Unethical submission by vivaelamor · · Score: 1

      A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

      See above, perhaps you can explain how any of these stories have a substantial likelyhood of prejudicing the proceedings?

    6. Re:Unethical submission by Cathbard · · Score: 1
      So the only time a lawyer deals with legal ethics is while at law school? Interesting.

      :)

      --
      "A cynic is what an idealist calls a realist" - Sir Humphrey Appleby
    7. Re:Unethical submission by harlows_monkeys · · Score: 1

      The intersection of {reads slashdot} and {potential jurors} is not null. Is it big enough to be substantial? That's subjective. Most lawyers STFU when it comes to talking about cases they are involved in, because they want to stay far away from even the appearance of en ethical violation.

    8. Re:Unethical submission by Areyoukiddingme · · Score: 1

      Who cares whether or not the intersection of {reads slashdot} and {potential jurors} is non-null. They're only potential jurors and the RIAA lawyers, if and when they ever get to a jury trial (which is rare), will quickly and easily weed out such potential jurors. Especially because a whole lot of the people who read slashdot also know the phrase "jury nullification," that famous express ticket out of the courtroom and off a jury.

  49. The word "exponentially" by Anonymous Coward · · Score: 0

    Does not mean "a lot", like the author, and millions of other people, seem to think. It is, in fact, mathematically impossible to say "exponentially more than 35 cents". All that exponentially means is that a certain additive increase to the independent variable translates into a constant multiplicative increase in the dependent variable, no matter at what point in the function the additive increase is being applied.

  50. I am not a lawyer.... by ducomputergeek · · Score: 4, Funny

    ...but I'd really like to know how to file one of those amateur circus briefs.

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    1. Re:I am not a lawyer.... by Alsee · · Score: 1

      First you find a bunch of clowns, steal their underwear, and show it to the judge.

      Which you'll notice, is exactly what happened to the RIAA here.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:I am not a lawyer.... by H0p313ss · · Score: 1

      First you find a bunch of clowns, steal their underwear, and show it to the judge.

      Which you'll notice, is exactly what happened to the RIAA here.

      -

      And they get paid for it... I am SOOOO in the wrong business.

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    3. Re:I am not a lawyer.... by joshuaobrien · · Score: 1

      I prefer the term unprofessional bigtop pants.

  51. Pound on the table by www.sorehands.com · · Score: 4, Insightful

    When you don't have the facts on your side, pound on the law.
    When you don't have the law on your side, pound on the facts.
    When you have neither on your side, pound on the table.

    When an opposing party start attacking people on their beliefs, you know they are in bad shape.

    1. Re:Pound on the table by Doctor_Jest · · Score: 1

      Well said. If only the RIAA and MPAA would GET that... :)

      --
      It's the Stay-Puft Marshmallow Man.
    2. Re:Pound on the table by VGPowerlord · · Score: 2, Funny

      When does throwing chairs come in?

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  52. Been drinking so... by achenaar · · Score: 1

    My brain has cooked up this situation where I'm in a room with the guy who sent out this "document".

    Me: You * don't * get * to * choose * how * much * you * get * paid * in * damages! You * ass! ***

    Where * gets replaced by a hefty face punch.
    I can dream...
    Oh, and kudos NYCL, keep up the good work, hope the whole "not being streamed" thing gets sorted out somehow.

  53. The RIAA Lawyers must be mentally ill. by rwwyatt · · Score: 1

    An assumption by one party of bias on the other party does not constitute proof that bias actually exists.

    If I believed the entire world was biased against me, it is sign of a mental illness.

    There is a fundamental misunderstanding about the FSF. I would argue they protect copyright with the GPL.

    Many of their statements are unsupported even by their own references.

    The Free Software Foundation is providing funds for experts. As the Free Software Foundation relies on donations, It is the members of the foundation who are expressing support for this action. The intent of actions by certain members should not be used to disparage the organization in entirety

  54. In Soviet Russia... by Anonymous Coward · · Score: 0

    In Soviet Russia, comment makes you new!

  55. Friends in high places by Anonymous Coward · · Score: 0

    They now have a president appointing their attorneys to the DOJ en masse.

  56. 9-page response = rope to hang RIAA by by Anonymous Coward · · Score: 0

    From the excerpts I read they were arguing that the damages should be astronomical because of the potential distribution of millions of copies.

    So what I want to know is when do they stop suing? It they caught an successfully prosecuted everyone who shared files wouldn't they get millions of times more money than the actual value of all the copies out there?

    They provided (at least to me) a pretty good argument why they would need to prove definite evidence of sharing to specific people. So they don't effectively collect their moneys more than one time per distributed copy.

    1. Re:9-page response = rope to hang RIAA by by vivaelamor · · Score: 1

      It they successfully prosecuted everyone who shared files wouldn't they get millions of times more money than the actual value of all the copies out there?

      I think if they successfully prosecuted everyone who shared files using the damages model they are proposing.. well lets do some crappy maths:

      Using some fairly crappy statistics from the IFPI I can guess that at least 20 billion files were 'illegally swapped' in 2007. At the rate of $750 per infringement (the RIAA's minimum damage amount), I find that they would receive 15 quadrillion dollars. For that one year.

      I'm not entirely sure the significance of that number.. but I would not be surprised if it is more money than all the economies of the world put together. Regardless, these figures are hardly to be taken seriously.. after all they are only conservative estimates using the recording industries own numbers.

      For some reason, I suddenly have an image of Dr Evil demanding a ransom.

  57. So What? by Anonymous Coward · · Score: 0

    Who cares if they have a bias?

    That's what LAWSUITS are all about.

    There's biases in EVERY lawsuit.

    1. Re:So what? by NewYorkCountryLawyer · · Score: 1

      Is there suddenly a law against having a different agenda than the RIAA?

      No but they're trying to get one in place.

      --
      Ray Beckerman +5 Insightful
  58. I must disagree on principle by Quila · · Score: 1

    Trying to get kids and old ladies to pay 2100 times the damages is unreasonable. Courts have found unreasonable damages unenforceable, can't remember the case but it was someone taking cash out of the country. I would support such a finding for this specific case.

    But I do not want to attack the concept of high statutory damages in general. An author of open source software has no direct income from distributing his software, so what besides an injunction can he hit Huge Corporation with to discourage infringement of his work? Statutory damages. If not for statutory damages they can infringe at will, make millions, and just stop using the work when hit with an injunction.

    1. Re:I must disagree on principle by Xest · · Score: 2, Interesting

      I think damages really need to be decided based on the financial gain of the infringer.

      For someone downloading MP3s illegaly, that should indeed be fuck all. For a company making a profit off someone elses work, that should be all the profits they made.

  59. Not Terrorists by DesScorp · · Score: 1

    "They didn't claim the FSF is a terrorist organization (yet)> "

    Not only are that not doing that, precisely what in this part of their filing is wrong?

    The 9-page response (PDF) â" 4 pages longer than the document to which it was responding â" termed the FSF an organization 'dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs', and accused the FSF of having an 'open and virulent bias against copyrights' and 'blatant bias' against the record companies. They called 'Recording Industry vs. The People' an 'anti-recording industry web site'

    The FSF does want to do those things. They do have a bias against copyright (though not copyleft). I've heard Stallman say that copyright violation could be called "sharing with your neighbor". That blog they mentioned is an anti-industry website.

    It's pretty silly to protest those things when, not only are they true, but their members and admirers are proud about it. It's like Che Guevarra protesting "But he called me a Commie, your honor!". Yeah, so? It's true, isn't it?

    Why is anyone shocked that they're filing a response? Seriously?

    --
    Life is hard, and the world is cruel
    1. Re:Not Terrorists by Jane+Q.+Public · · Score: 2, Insightful

      No, they don't. Stallman is not the FSF, nor are Stallman's public statements the stated principles of FSF. If this referred strictly to Stallman, it might be true. But it doesn't.

      Comparing Stallman's statements to the stated purpose of the FSF is like blaming Bush's foreign policy on the average American citizen. It's just not valid.

    2. Re:Not Terrorists by ppanon · · Score: 2, Insightful

      It's pretty silly to protest those things when, not only are they true, but their members and admirers are proud about it. It's like Che Guevarra protesting "But he called me a Commie, your honor!". Yeah, so? It's true, isn't it?

      The point is that it's empty rhetoric that's completely irrelevant to the legal argument. Somebody could be a politician notorious for advocating legalizing marijuana. If they saw and filmed you assaulting without provocation some guy on the street who had light up a joint, just because that politician advocates for marijuana doesn't render invalid or affect their recordings and testimony of your unprovoked assault.

      You could try that kind of crappy approach if you're in front of a jury in republican country, but the opposing lawyer should object as soon as it was clear where you were going with the line of reasoning and the judge should sustain it and slap you with contempt of court if you persisted. Submitting that kind of argument in writing to the judge doesn't make it any more proper or relevant or render you immune to repercussions.

      In other words, being a "Commie", while indicating a significant misunderstanding of human nature, doesn't automatically invalidate a person's direct observations and arguments on a point of law. The kind of rhetoric you are championing might be unfortunately effective in grade school, campaign trails, and government committee hearings but, by long established precedent, it has no place in a court of law.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    3. Re:Not Terrorists by init100 · · Score: 1

      is like blaming Bush's foreign policy on the average American citizen.

      And we all know they love that.</sarcasm>

    4. Re:Not Terrorists by stjobe · · Score: 1

      being a "Commie", while indicating a significant misunderstanding of human nature,

      Eh, what now? Could you expand on this, since it seems like a very odd thing to say?

      --
      "Total destruction the only solution" - Bob Marley
    5. Re:Not Terrorists by ppanon · · Score: 1

      Communism is based on the idea that people will reasonably hard to contribute to the public well being. In general that doesn't hold true for sufficient people to maintain a society. While there may be some people who do fit that profile (scientists who perform long hours on research because they are driven by the need for discovery or fame, politicians pursuing power, etc.), it's fairly rare to find people who will do more than the absolute minimum necessary for personal survival if their job is very unpleasant like hauling away garbage or backbreaking agricultural stoop labour. This particularly holds true when some bureaucrat running a centrally planned economy decided what work you are "best suited to" and places you in a job you have no interest in. So there are fundamental assumptions about human nature at the core of communist philosophy which are just plain wrong. Otherwise you wouldn't need gulags, cultural revolutions, and killing fields "pour encourager les autres".

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    6. Re:Not Terrorists by MartinSchou · · Score: 1

      You make some very good and prudent points - except this one:

      being a "Commie", while indicating a significant misunderstanding of human nature

      In what way does being a "commie" do that? I'm not a member of the communist party, nor do I believe in communism, as that is a very authoritarian way of leadership which I'm very much again. I am however a believer in socialism which would label me a "commie" in most of the US.

      Hell being a elected politician in most European countries would mean you believe in and support socialism (society helping the less fortunate ones), even if you're on the far right wing of our political spectrum.

      Calling someone a "commie" isn't slang for "member of the communist party" any more than calling someone an "abomonation against God an nature" is slang for "homosexual". It's slur and nothing more.

      You even knew that, otherwise you wouldn't put commie in quotes.

      The accurate word would be closer to communist, but even then I'm not sure I'd agree with your idea of significantly misunderstanding human nature. More people live under communist rule than under "Democrat" rule.

    7. Re:Not Terrorists by stjobe · · Score: 1

      Ah. Thought that might have been what you meant. It's hard to know for sure whether the American "Commie" means only "Soviet Communist" or just "Socialist" in general.

      Soviet-style Communism wasn't that great of a deal, really, but there's much to be said for a more socialist way of looking at running a state. See e.g. the European socialist-democratic states.

      --
      "Total destruction the only solution" - Bob Marley
    8. Re:Not Terrorists by ppanon · · Score: 1

      Well, there are certainly plenty of right wing pundits and politicians everywhere who try to conflate Marxist-derived communism with anything more socialist than pure anarcho-capitalism. It's just that the American populace is sufficiently ignorant, ill informed, and easily manipulated for a democratically-significant portion of that population to actually believe it.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  60. Guilty as charged... but that's not a crime. by LostCluster · · Score: 1

    FSF is a little "out there" in the opinion of most business-owners. (And check your 401k, even if it's a 200.5k right now... you're likely a part owner of a business that deals in copyrights.) But here's the thing, what's wrong with that? Sure, they dream of a world where copyleft has taken over copyright... but nobody is being forced to GPL their code, and some smarter businesses use the GPL because they think they can make money on hardware optimized to be used with the code... see also Asterisk's Digium and TiVo.

    I really think this is more grandstanding than a valid argument.

  61. No, you're confused by Mathinker · · Score: 2, Informative

    You've been listening too much to the "IP is property" mantra. Copyright is an artificial monopoly which is granted by a national government --- you cannot transfer it to another nation. The "other nation" is often respecting the some kind of international treaty which makes it recognize the original nation's copyright status for your work, but that would be automatic, in general.

    1. Re:No, you're confused by Ozlanthos · · Score: 1

      Uh.... go talk to China about that one before trying to build an ark out of it!

      -Oz

    2. Re:No, you're confused by retchdog · · Score: 1

      I don't understand. I certainly do not conflate "IP" with other forms of property. Further, your explanation is contrary to your claim. Our harmonized copyright laws are compatible with (or even require) the notions of 1) rightsholder; 2) transference of rights. This is all that is needed. The US will be stuck with the source forked at whatever point things went south, and development can continue elsewhere with a patched version of the GPL which takes care of this problem. It goes without saying that FSF will go somewhere with a strong copyright law, but more sympathy to its goals. This means the EU.

      Of course, there will be a black market demand in the US for the software (as there already is for illegal softwares such as deCSS implementations and VLC); and also the US will inevitably bellow about breaking the treaty or commence some other kind of pissing match. These are the details that make life interesting, and don't a priori negate the strategic value of international copyright transfer. On the bright side, the world will finally, to a man, learn about free software...

      --
      "They were pure niggers." – Noam Chomsky
    3. Re:No, you're confused by jonbryce · · Score: 1

      You can transfer ownership of the copy rights to a company in a different country. A lot of companies do that for tax reasons.

    4. Re:No, you're confused by marcosdumay · · Score: 1

      Way to miss the point. Copyrights are recognized by every country that agreed to it. You can't transfer it between countries because it is already on every country. If the US stopped recognizing some copyrights, it will ceasse to be recognized within the US, but there is no change for other countries.

    5. Re:No, you're confused by retchdog · · Score: 1

      Clearly this is a difference, if the copyrights holder is in a country which recognizes his copyright, versus one which doesn't.

      Perhaps ideally there wouldn't be, but there is a difference. To see why, read the FSF's page on "why someone should assign their copyright to FSF". It's the same principle.

      --
      "They were pure niggers." – Noam Chomsky
  62. I say bullshit! by SL+Baur · · Score: 1

    The FSF is not a neutral friend of the Court. Rather, FSF is an organization dedicated to eliminating restrictions on copying, redistribution, and modifying computer programs, classic intellectual property, much like the sound recordings at issue in this case. See http://ww.fsf.org./

    To that end, FSF opposes the recording industry's enforcement efforts.

    That couldn't be further from the truth. We, the supporters of the GPL, want OUR OWN works to be freely redistributable, and when changes are made, to have those changes returned to the community. OUR OWN WORK! WE DO NOT STEAL! Sorry for shouting.

    I do not speak for the FSF.

  63. Yeah, the dweebs by symbolset · · Score: 5, Funny

    They act like they think they're running the US Justice Department. Oh, wait...

    --
    Help stamp out iliturcy.
  64. Stupid move by Ozlanthos · · Score: 1

    Keep it up and Linux distributors will have to copyright and charge for their works. Next thing you know the 60% of the worlds servers running variants of Linux will only be able to use registered copies....Lots o fun! -Oz

  65. That's silly by pem · · Score: 1

    Standing up against the tactical thuggery of an organization which purports to represent the "recording industry" is not at all the same as being "anti-recording industry."

  66. The world has gone crazy. by Anonymous Coward · · Score: 0

    This article and the other article about Biotech Company To Patent Pigs makes me feel like this world has gone nuts and crazy!!!

    I have less and less respect for copyrights, intellectual property, etc. Lets go pirate some more music, software and ... pigs!!!

    How do you pirate a pig? Anybody can help, please? Pirate Bay maybe ..?

    Yes!! - found it - http://thepiratebay.org/torrent/4722715/The_Third_Pig

  67. I'm not your buddy, guy! by Anonymous Coward · · Score: 1, Funny

    I don't have anything to say. I just wanted to reply to the parent's subject line.

  68. They called it like it is by cliffski · · Score: 0, Troll

    "They called 'Recording Industry vs. The People' an 'anti-recording industry web site' "

    Sorry, but that's exactly what it is. Its fucking tragic that you would be upset by this.
    People call me anti-piracy a lot, because that accurate. And when they do so, I don't come crying to slashdot about it.

    You are massively, overwhelmingly anti-record-company. Why are you so fucking annoyed at being called what you are?

    I guess your mission is accomplished, to get yet another slashdot story that generates tons of ad-impressions for your blog.

    --
    DRM-free indie games for the PC and Mac: Positech Games
    1. Re:They called it like it is by Valdrax · · Score: 1

      It's not that the RIAA is committing some horrible slander in accusing his blog of being anti-RIAA.*

      It's that the RIAA (a) thinks that somehow this is an impermissible thing, unlike being pro-RIAA biased, (b) is making the argument that the other side's argument should be disregarded due to bias, which is something the American adversarial system actually encourages for each side and only discourages for the fact-finder (aka the judge or jury), and (c) is stupid and audacious enough to think that their little manifesto looks good for their side.

      (* Now, this isn't necessarily true about calling the FSF anti-copyright. That might actually be slanderous and a Rule 11 violation.)

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  69. Rule 11 sanctions...(obligatory) by Anonymous Coward · · Score: 1, Funny

    "Rule 11. All your carefully picked arguments can easily be ignored."

    (Citation: Rules of the internet)

  70. SCO rerun by backwardMechanic · · Score: 1

    It's like watching the whole SCO thing again, but this time it's a nation rather than a company. Where's Darl - he's my favourite baddy...

  71. Statute of Limitations? by Anonymous Coward · · Score: 0

    case against a Boston University grad student accused of having downloaded some song files when in his teens

    Assuming for the sake of argument this guy is no longer a teenager and that he was not accused of anything else in this case, isn't there some kind of statute of limitations for downloading stuff? When can my friend who may have downloaded a few thousand songs from Napster back in 2000 safely say he or she got away with it?

  72. Where did I hear that the last time? by Hurricane78 · · Score: 1

    [...] termed the FSF an organization 'dedicated to eliminating restrictions on birth-controlling, deporting, and experimenting on Jews', and accused the FSF of having an 'open and virulent bias against racism' and 'blatant bias' against the NSDAP. They called 'NSDAP vs. The People' an 'anti-nazi web site' and stated that NYCL 'is currently subject to a pending sanctions motion for his conduct in representing a defendant'

    I don't care about Godwin's law. Just tell me why this fits so well...
    (Of course I do not say with this, that the gravity of the Holocaust is even remotely on the same level as this thing. But... you know what I want to say. It's just not funny anymore.)

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  73. First they ignore you ... by janwedekind · · Score: 1

    Congratulation to the FSF! The "ignore you" stage is definitely over.

  74. Code under "2 or later" is still under 2 by Anonymous Coward · · Score: 0

    So you can keep your pants on.

    Please.

  75. All I can say is... by DiEx-15 · · Score: 1

    Give 'em Hell NewYorkCountryLawyer!

  76. You don't get the thinking behind copyright... by jonaskoelker · · Score: 1

    I call it "copyright", because controlling distribution in this way is neither novel nor unintended. It's just artists limiting distribution of their works in exchange for money

    Changed that for you. The thinking behind copyright is this (using just music as an example):

    • Music is good; good music even more so
    • The more your practice, the better you get
    • If you have a Day Job, you have less time to practice
    • If we let you and only you sell your music (both on disks and performed live), you can make music your job

    So: copyright exists to move money towards musicians by limiting who can sell their music, such that they can afford to practice eight hours per day, such that we all can have better music.

    Allowing everyone to distribute, while not putting yourself in a good position to earn money from it, seems to go counter to that.

    (In other words: copyright is an employment program :D)

    1. Re:You don't get the thinking behind copyright... by TheVelvetFlamebait · · Score: 1

      I call it "copyright", because controlling distribution in this way is neither novel nor unintended. It's just artists limiting distribution of their works in exchange for creation

      Fixed that back for you. We exchange control for the work itself. Your phrasing seemed to suggest that we pay artists to limit the distribution of their work, which is absurd. :)

      You don't get the thinking behind copyright...

      I do, actually. I understand that copyright is, ostensibly, there for artists to make money, should they want to. But copyright has been granted as a right of artists to exert control over the distribution their creations. There have been plenty of other examples where copyright has been used to control distribution for goals other than immediate profit.

      I guess the point I was making is that to paint copyright exclusively as some kind of tool for profiteering is a little unfair. Remember, copyright doesn't actually grant money in exchange for creation, all it does is grant something more flexible: control, which can be used for personal gain ("normal" copyright), or for communal gain ("copyleft" copyright), or it can be forfeited completely (BSD-licenses and public domain dedications). I object to the first type being painted as the only "true" type of copyright because:

      a) It doesn't accurately represent copyrights
      b) Copyright is just as integral to "copyleft" as it is to "normal" copyright, and
      c) It's often used to justify simultaneously bagging copyright, and enjoying the benefits of "copyleft", which is just hypocritical.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    2. Re:You don't get the thinking behind copyright... by Jah-Wren+Ryel · · Score: 1

      There have been plenty of other examples where copyright has been used to control distribution for goals other than immediate profit.

      Your argument would carry some weight if you could actually cite more than one of these examples that were modern, not software. not droits d'auteur (which effectively doesn't exist in US copyright law) and not one-offs.

      --
      When information is power, privacy is freedom.
    3. Re:You don't get the thinking behind copyright... by TheVelvetFlamebait · · Score: 1

      Yeah and your rebuttal will carry more weight if you don't question my argument at all.

      It's OK. You can trust me. I would never place arbitrary restrictions on your rhetoric in order to gain the upper hand.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    4. Re:You don't get the thinking behind copyright... by Jah-Wren+Ryel · · Score: 1

      How are any of those restrictions arbitrary? I just wanted to make sure you were clear on what a meaningful example would require.

      Modern usage of copyright - archaic usages don't count towards a current definition.
      Software - your entire argument is predicated on their being "other examples" so you ruled out software
      Droits d'auteur - not part of US copyright law or pretty much that of any common-law based system

      If you find those three parameters to be arbitrary then all that says is you were stretching your definition of copyright so far beyond common usage as to be unrecognisable.

      --
      When information is power, privacy is freedom.
    5. Re:You don't get the thinking behind copyright... by TheVelvetFlamebait · · Score: 1

      Don't forget once-offs! Why aren't they allowed?

      Look, I understand where you were coming from, but it was rather funny seeing so many restrictions tied to my finding an example. I couldn't for the life of me figure out why you placed the once-off restriction, or the software restriction, other than to make my job much harder.

      But, while I'm here, I'll say that there are plenty of examples of software that isn't free software that is distributed for free. Sure, people make small money off advertising, but mostly that covers the cost of distribution. Also there are once-off examples (as you seem to know, since you restricted it), and there are other works which nowadays fall under the catch-all creative commons licenses.

      My point is that money-making is not the only established use of copyrights. We trade control for creation, and there are other ways to benefit from control than money.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    6. Re:You don't get the thinking behind copyright... by Jah-Wren+Ryel · · Score: 1

      Don't forget once-offs! Why aren't they allowed?

      Because a handful of unique counter-examples in a sea of billions of examples isn't the way words are defined and used by the majority.

      . I couldn't for the life of me figure out why you placed the once-off restriction, or the software restriction, other than to make my job much harder.

      Not more difficult, more honest. I've seen a million debates than run into weasely examples. I wanted to make sure the weasel steps were skipped and you used concrete counter examples. I guess it didn't work...

      there are plenty of examples of software that isn't free software that is distributed for free. Sure, people make small money off advertising, but mostly that covers the cost of distribution.

      Free-as-in-beer software - distribution is essentially unlimited. No copyright needed for that, unless you want to restrict money-making resales which is the only characteristic that any significant number of free-as-in-beer software tends to have.

      Also there are once-off examples (as you seem to know, since you restricted it),

      Nope, not aware of any, but if there are a few it doesn't help your position anyway because they're in the noise, not "plenty."

      and there are other works which nowadays fall under the catch-all creative commons licenses.

      That's close, but still not really "same-ol', same-ol'" the CC licenses being inspired by the idea of copyleft to begin with, they
      are just as "novel and unintended" as the GPL itself.

      My point is that money-making is not the only established use of copyrights. We trade control for creation, and there are other ways to benefit from control than money.

      Nah, not really feeling it. Sure, the copyleft movement is an example of what you are talking about, but this whole thread started when you denied that copyleft was a novel and unintended use of the copyright, so you can't really count it.

      Come back in a hundred years when copyleft ideals are truly widespread and then you would probably be safe in claiming that the copyright law it uses (if it even still exists in the same form) is about control of distribution and not just about making money.

      --
      When information is power, privacy is freedom.
    7. Re:You don't get the thinking behind copyright... by TheVelvetFlamebait · · Score: 1

      Not more difficult, more honest. I've seen a million debates than run into weasely examples. I wanted to make sure the weasel steps were skipped and you used concrete counter examples. I guess it didn't work...

      I guess not. I must have been lying my ass off just now. :)

      (By the way, why so grumpy? It's a gorgeous day today in my neck of the woods!)

      Free-as-in-beer software - distribution is essentially unlimited. No copyright needed for that, unless you want to restrict money-making resales which is the only characteristic that any significant number of free-as-in-beer software tends to have.

      Certainly not in terms of making money, but some people like to keep control of their creative works while distributing it around. It's probably not needed for the code itself, since disassembly is a prohibitively crap way of reading/modifying code, but for other media embedded into the software. You don't necessarily want clones populating the net.

      Nope, not aware of any, but if there are a few it doesn't help your position anyway because they're in the noise, not "plenty."

      "Plenty" doesn't mean a majority, it just means there are several. Sure, there are heaps upon heaps of people who distribute for commercial gain, but I never claimed otherwise. All I'm saying is that now established use of copyrights includes non-commercial uses (including the free software that brought this debate up). Notice that I never claimed anything different.

      Anyway, one group of one-off examples (an oxymoron?) is charity events, where musicians play live or record an album for some charity gala, and copyright is necessary to make sure that people actually show up to the events and pay some money.

      That's close, but still not really "same-ol', same-ol'" the CC licenses being inspired by the idea of copyleft to begin with, they
      are just as "novel and unintended" as the GPL itself.

      All leading to the conclusion that this wacky new idea called "copyleft" is just another established use of copyright. It's everywhere, and even if GPL is the first major example, it would be approaching 20 years since the GPL was created (according to Wikipedia). You want modern examples, but you want examples that aren't inspire by the GPL (among many other things). You're really tying my hands here.

      Nah, not really feeling it. Sure, the copyleft movement is an example of what you are talking about, but this whole thread started when you denied that copyleft was a novel and unintended use of the copyright, so you can't really count it.

      But, don't you see, the fact that copyleft is undeniably the premier example of non-commercial copyright uses does not mean that the approach is novel (around for 20 years), nor unintended (it's not like people are saying "hey, you aren't supposed to do that!" We're just happy they're creating at all!).

      Come back in a hundred years when copyleft ideals are truly widespread and then you would probably be safe in claiming that the copyright law it uses (if it even still exists in the same form) is about control of distribution and not just about making money.

      Seriously, you think it takes 120 years to become mainstream? In the age of computers doubling in transistors every 18 months, and the internet, you honestly don't think that 20 years is long enough to be accepted into mainstream culture? Do you think the internet is mainstream enough to be considered a part of our culture, or do you think we need another 80-100 years?

      There are many, many, many examples of copyrighted works using copyright for non-commercial uses. The internet is full of them. These, as whole, including "copyleft", make up a non-trivial portion of copyright works created, especially if you weight appropriately according to popularity. I think there are plenty of examples, and it has been plenty of time, to concede that these uses are no longer novel, and they certainly were never unintended.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  77. No GPL, use in proprietary software--so?? by jonaskoelker · · Score: 1

    or code protected by it could deliberately be used in proprietary software

    So? The (first) goal of the FSF is not to eradicate all proprietary software, "only" to make it obsolete.

    That is to say, they want to make it so that everything you need to get done with a computer, you can get done using only free software.

    A second goal might be to convince everyone to value their freedom, but again the existence of proprietary software doesn't make this impossible, it only means there is an obstacle.

    Without copyright, all software would be public domain, which is FSF-approved Free Software. The problems with public domain is the same as with BSD/MIT/X11 licenses: proprietary derivatives _can_ exist.

    The FSF doesn't need copyright law. It helps them, though.

  78. Computer programming--we can help! :) by jonaskoelker · · Score: 1

    Well I wish computer programming was more accessible to me.

    Well, I'm sure you can Ask Slashdot for advice. I can in particular recommend asking which programming language you should be learning as your first.

    The discussion will be very constructive. By the way, Visual Basic sucks.

  79. Bias against the recording companies? by pckl300 · · Score: 1

    Dear RIAA: Nobody likes you. That is all.

    --
    In the beginning, there was null.
  80. not all threats are external. by conspirator57 · · Score: 1

    See for example the state secrets policies of both major parties in the US. Also see the primary challenges the *Republicans* funded against their own incumbents who voted against the patriot act.

    Ron Paul looks like a better president every day that has passed of both W's and O's terms.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
  81. Jack Thompson should weigh in on this by MartinSchou · · Score: 1

    Who here wouldn't LOVE to see Jack Thompson file a brief siding with the RIAA?

  82. I feel like I've really arrived by NewYorkCountryLawyer · · Score: 1

    You know you've really arrived when an avid Slashdot reader finally opens an account and names himself after you.

    --
    Ray Beckerman +5 Insightful
  83. Indie promotion? by tepples · · Score: 1

    Why wait? PayPlay, CD Baby, and numerous others have NOTHING to do with the RIAA and they're more than happy to sell (and in at least some cases, HAND) you music galore.

    But how can somebody who spends a lot of time commuting or traveling find what he likes among artists on PayPlay or CD Baby? (The major record labels promote works to people in vehicles through FM radio.) And how can somebody learn that artists on PayPlay or CD Baby even exist?

  84. Swedish copyright law != USA copyright law by tepples · · Score: 1

    wow. you admit you know nothing about copyright law.

    Anonymous Coward makes a good point: The copyright law of Sweden is not the copyright law of the United States. Nor is it a word-for-word transposition of the Berne Convention and the European Bono Act. And even if the statutes were identical, case law might go differently in the two countries.

  85. I agree with you in principle by wurp · · Score: 1

    But in practice I think when the casual reader sees "the FSF has a blatant bias against the recording industry", they think the FSF is against content producers, as well.

  86. Attack the RIAA! by wshwe · · Score: 1

    Attack the RIAA at every opportunity!

  87. Read again and THINK by WindBourne · · Score: 1

    You have to take the cargo from a factory almost certainly INLAND CHINA to a port (how do you get there? TRUCK or rail; how many miles? Good question; I will guess on average a MINIMUM of 50 miles). You have to load the ship. All this takes ENERGY. Then you transport via ship. Once you get to LA, THEN YOU HAVE TO SHIP AROUND THE PLACE SUCH AS TO FLAGSTAFF AND DENVER VIA TRUCK (possibly rail). You may also send it to Chicago, NY, etc.

    OTH, if this is local factory say flagstaff, you ship via truck to LA, Denver, NYC, etc.
    Local building and shipping IS cheaper. The question is by how much. When oil is low, then the yuan is fixed against the dollar to sux the work out. BUT, as oil price rises, the transportation becomes SIGNIFICANT all around.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  88. So what? by Anonymous Coward · · Score: 0

    So they have these "biases". Why should it matter a flying copulation? Is there suddenly a law against having a different agenda than the RIAA? Why the hell do they think there's a lawsuit in the first place?

    Yes, many of us, not just the Free Software Foundation, have a different agenda, and yes, we want to use all the legal, financial, and moral power we can muster to REDUCE THE SIZE, WEALTH, AND POWER OF THE RIAA. As a musician, recording artist, and music consumer they have opposed my interests in every possible way, have horribly corrupted and damaged the legal mechanisms for protecting artists, and offer nothing of value in return. I simply don't want into the game they play - I want it to get out of the way of other, more interesting games.

  89. Yes, but doesn't seem to be applicable to the post by Mathinker · · Score: 1

    Yes, a US company could transfer (actually, I think the more common legal language in this case is "assign") its US copyright to a company in France; but it would still have (automatically) a French copyright also. The post I replied to seemed to me to imply that there wouldn't have been any copyright on that work in France until some kind of "transfer" would occur.

    And any change in US copyright law would affect that US copyright in the same way, no matter in what nation the assignee happened to be, making the post I replied to a bit, er, hard to understand.

    Anyway, if the situation degenerates to the degree of the AC's GPL v.6 license, I doubt there will be much use of trying to squeeze out of it by some kind of legal side-stepping....