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Do We Want ISPs Penalizing Music Fans?
NewYorkCountryLawyer writes "Noted singer songwriter Billy Bragg has written an excellent column in The Guardian, coming out against the pro-RIAA '3-strikes' legislation the big 4 record labels are trying to push through. In the article, entitled 'Do we want ISPs penalizing our fans?', Bragg writes: 'Having failed miserably in previous attempts to stamp out illicit filesharing, the record industry has now joined forces with other entertainment lobby groups to demand that the government takes action to protect their business model.' He goes on: 'Fearful of the prospect of dragging their customers though the courts, with all the attendant costs and bad publicity, members of the record industry have come up with a simple, cost-free solution to their problem: get the ISPs to do their dirty work for them. They are asking the government to force the ISPs to cut off the broadband connection of customers who persistently download unauthorized material, without any recourse to appeal in the courts.'"
Don't cut the broadband for any crime until it's proven in court.
It's not the role of the ISP to act as a police for a third party.
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
Do we want "justice" meted out without even the pretense of due process, with accusation equaling guilt, and control in the hands of an unaccountable mess of corporate pressure groups?
The chap from TFA seems nice enough, and it is good that he is thinking about the question; but, thing is, it isn't his call. Allowing penalties to be assessed for private gain, without any sort of judicial process, is a grotesque parody of justice. It should not be countenanced anywhere. I'm glad that there are some on the music side that are uncomfortable with the idea; but that isn't the point. The point is that "3 strikes" and its ilk are wholly unacceptable. If they agree, great, if they don't, tough.
You emitted the exact same response last time. Anyway: This isn't a "pro piracy" issue. This is a due process of law issue.
If the RIAA can just call up my ISP and demand that they disconnect me, that makes a mockery of due process. Innocent until proven guilty, remember? Or are "pirates" (and the occasional misidentified laser printer) just too evil for due process?
Disable YRO on your browsing options.
Posts not to be taken literally. Almost everything is sarcasm.
Here we have two adjacent /. stories: one about ISPs being responsible for users' behavior, the other about ISPs not being responsible for users' behavior.
What is needed is a clarification, likely from SCOTUS, on whether ISPs are "common carriers" or not. If they are, then ISPs have to monitor postings and downloads (punishing people according to ... uh ... well they're not police or courts so it's really unclear how they're supposed to detect & respond re: users' behavior). If they are not, then ISPs can finally tell everyone else to take it up with the actual legally-identifiable offender.
Can we get a "-1 Wrong" moderation option?
... and not only that, but there is no practical way for ISPs to know what traffic is passing under your name, without intrusively inspecting the packets. That is without precedent; it is akin to asking telephone companies to listen in on your calls to determine if you are a using the telephone "improperly".
The so called 'piracy' (aka copyright infringement) is about fair use, freedom, and taking a stance (though some choose an improper form) against the draconion rules and organizations that are trying to monetize and take away our legacy. Music has always been about enjoyment and sharing. Until recently, the most common way to listen to music was to get together with friends and sing. No performance fees, no songwriter royalties, just people belting out a ditty.
Under the current situation, and the future one if RIAA has it's way, the National Anthem of the USA, that's the "Star Spangled Banner" for those who don't know, wouldn't exist under their rules. It was a (somewhat) popular piece of poetry that people started singing to a very popular piece of music. That made a fantastic hit that inspired people so much, they made it the national anthem. These days, the insane copyright lengths combined with the dubious 'enforcement groups' would have prevented any such thing from ever happening.
Have you wondered why nobody ever sings "Happy Birthday" on shows and movies anymore? Someone decided to enforce their copyright... Another piece of classic americana and culture down the tubes because of this subject. What's the next thing we'll loose? Yes, some of these people are breaking laws.
Yes, we talk about it a lot.
But you need to understand, if somebody doesn't raise a fuss and find a way to stop this, what will our children have left?
Unfortunately, the answer is not much...
But how do I get my money BACK? I'm more interested in getting my money back (Like at a real merchants) then I am at writing a letter to someone who will never read it. If I got my money back I could still boycott the company and have lost nothing from my bank account.
Why can they sell me buggy software with no return policy and I lose money, but if it happens to them it's a huge legislative issue?
So are we going to start prosecuting auto makers for providing get-away vehicles to criminals?
"I'm just here to regulate funkiness."
Unfortunately, the RIAA interprets your "not buying their music" as being the same as "another Internet pirate illegally downloading/sharing their music." After all, they reason, their music is vital to everyone's life and anyone who doesn't buy the minimum that the RIAA deems necessary must be pirating the rest. (This comment would be going for the Funny tag if it weren't true.)
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
Unfortunately, the RIAA interprets your "not buying their music" as being the same as "another Internet pirate illegally downloading/sharing their music." After all, they reason, their music is vital to everyone's life and anyone who doesn't buy the minimum that the RIAA deems necessary must be pirating the rest. (This comment would be going for the Funny tag if it weren't true.)
Yes it is true. But I think it's really just a handful of executives. The same ones who never figured out how to make money on the internet. So to make themselves look better, they are trying to scapegoat copyright infringement. The record companies' real enemy is obsolescence.
Ray Beckerman +5 Insightful