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RIAA Victory Over Usenet.com In Copyright Case
ozydingo writes "The RIAA has scored a victory in a decision on a copyright case that they filed back in 2007. US District Judge Harold Baer ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection under the Sony Betamax decision stating that companies can't be held liable of contributory infringement if the device is 'capable of significant non-infringing uses.' Bear noted that Usenet.com differed from Sony in that the sale of a Betamax recorder was a one-time deal, while Usenet.com's interaction with its users was an ongoing relationship. The RIAA stated in a brief note, 'We're pleased that the court recognized not just that Usenet.com directly infringed the record companies' copyrights but also took action against the defendants for their egregious litigation misconduct.'"
I think we may be losing.
"Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
...do not piss off the judge! It really is batshit stupid to do things like destroy evidence and make witnesses vanish (even temporarily). Why not go to court naked except for a t-shirt that says "Guilty as Hell" on the front and "Kiss my hairy butt" on the back?
The only way to handle such things is to find a way to be the victim of the situation, to prove that you did what you could to help, and that the case is unfair, aggressive, and misplaced.
And, if you don't like the law, work to change it, don't sell ways to get around it. Bad laws exist because people pretend they are helpless to change them.
My blog
When people are paying subscription fees to binary aggregators like Newzbin and Giganews to get 90% of their daily media (music, movies, etc) content it's understandable why the RIAA is taking such steps. Of course this isn't the trading of copyrighted files - it's a simple download and doesn't behave the same way as P2P networks.
This is Usenet with a capital 'U'. Some crap upload and share service that got hold of the domain www.usenet.com
This legal decision has restored my faith in the legal system. A small group of people were able to fight for their rights against a huge behemoth corporation and win. ~
See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
So does this mean Google is in the same boat? Technically google can do the same thing with filetype.
filetype:iso has been one of my greatest search modifiers when looking for my pirated copies.
Comment removed based on user account deletion
Yes! You are correct. Nobody is using Usenet. Nobody. I can definitely say with complete cromulence that Usenet is a ghost service of no great importance. Whatsoever. At all. Now or ever, in fact.
May the Maths Be with you!
Doesn't that cover about anything on the internet, ftp, http, ssh.... Gee they could sue just on a grounds that the technology "maybe" used for illegal activity.
Hmmm.. sue the founders of tcpip because they allow for the "transport" of such illegal activities...
That would be the logically consistent position, yes.
It is a miracle that curiosity survives formal education. - Einstein
Sir, do you realize that this has nothing to do with Usenet (NNTP)? The courts just found against a file sharing site called usenet.com. Still, it's a nice little tribute anyway.
(-1, Raw and Uncut is the only way to read)
Back in my day (I'm 48)....
When I was a young whipper snapper in the 70's-80's. I'd buy an album and copy it to tape for my car. If asked by a friend for a copy, I'd take a blank cassette tape and make a copy in my cassette recorder with the high speed dub feature.
I'd also ask friends the same, and they'd make me a tape of an album I didn't have.
I'd also buy cassette tapes of music at the store.
Now my 69 Dodge Dart back then is carting around 150-200 cassette tapes, some my own made copies, some a friend made copies for me and other store bought tapes.
The music industry and RIAA seemed to live through that era. If one friend bought an album, all his friends would get a cassette copy if they wanted it.
I don't ever recall the cops ever asking me if I got pulled over for speeding or something..."BTW son, Do you have a license for all those home recorded cassette tapes back there."
Seriously, what are the RIAA trying to prove here. I just can't wrap my head around all this frivolous suing.
Now get off my lawn, etc...
You have forgotten the first rule.
Finally had enough. Come see us over at https://soylentnews.org/
Someone HAS to upload those file my friend. That content doesn't just magically appear there by itself.
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
This is Usenet with a capital 'U'. Some crap upload and share service that got hold of the domain www.usenet.com
Before you go down further and start panicking please make note of what he said, it's really important. usenet and Usenet are two very different things.
I'm curious - we frequently hear of the RIAA suing this, that, and the other thing. Is there somewhere we can go to see just how many concurrent ongoing cases involve the RIAA on a global scale? I'm guessing no. Though I posit that if we had access to a simple count of current litigation broken down by who is suing whom, the RIAA would be somewhere near the top in terms of the number of suits they have filed and are currently working.
Makes me wonder one thing. Do you think it would benefit the general population or harm the general population if we simply outlawed all trade organizations and forced all companies in an industry to act as completely independent entities? Because personally, I have never seen them do anything that I found to be desirable though I admit that such things probably don't make the news.
It is a miracle that curiosity survives formal education. - Einstein
Maybe it's because I'm not really involved in the legal system, but I find the way the jduge sanctioned usenet.com to be very troubling.
If you'll read the article, you'll see that usenet.com destroyed evidence and arranged for witnesses against it to be out of the country for the trial. For this, usenet.com absolutely deserves to be sanctioned.
But the judge's sanction was effectively to rewrite the DMCA. Lawmakers inserted a Safe Harbor provision into the DMCA that shielded service providers from responsibility for criminal activity of their users. When Judge Baer sanctioned usenet.com by preventing them from raising the Safe Harbor defense, he effectively rewrote the DMCA in a way that lawmakers never intended!
Without the Safe Harbor defense, usenet.com's case was lost. I'm not sure what the appropriate sanction should be for usenet.com's blatant discovery violations, but a judge rewriting a law as it applies to just one company seems wrong to me.
They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
Well, I sure wish I could figure out which service provider the people not using Usenet are not using, because the ones I've been not using sure don't have anything worth not downloading to not download these days.
Proud neuron in the Slashdot hivemind since 2002.
No one gets usenet versus Usenet.com (nor I really). But it certainly has some interesting implications, for example, almost every ISP in Australia has a usenet feed and a full alt.binaries tree. That could make for some "fun times" and i cant only imagine what will happen if the RIAA equivalent in AU gets to mess with our little comunist firewall... err, i mean saviour of our childrens minds.
Given there are already cases against the ISP's in court already.
But, does it really matter? Yeah, usenet was good while it lasted and if this is about to spell it's final "for whom the bell tolls", then so be it. One of the big problems with usenet in the modern era was lack of knowledge of its existence. For example, in my day I sold and bought things on Aus.ads.forsale and now everyone uses ebay cause they know it exists.
But, some of that "social fabric" is changing as well (to more modern things I mean). Take twitter and facebook as a semi-evolutionary step, sure you probably cant easily share copywritten (?) work on them easily, but how long until the google wave becomes a simple, all-access protocol capable of doing the same?
The internet does route around the damage that people do to it, and techo's come up with better tech for avoiding rediculous litigation - but more importantly, they get better at quickly making things that are hard to blame on any one person or organisation while people like the RIAA are struggling to grapple with putting together a case based on incomplete evidence from yesterdays protocols.
Block Bittorrent in AU? go for it, we'll get something else (we had kazaa, napster, emule, etc etc already and we learnt from the various mistakes present in those protocols). In short, techno-people move quick, bit corp's move slow and we're always going to be ahead.
Personally when it comes to all these things all I know is that it puts me off watching movies or listening to music because if I happen to have an MP3 of a song from a CD that was later stolen, chances are I could be possibly in trouble. In alot of industries thats called shooting yourself in the foot.
Oh, and did anyone see that little news report in AU about how movie piracy was funding terrorism? I wonder how much the RIAA payed to have that little piece put on the air (in all fairness, it was physical media piracy as opposed to sharing on the internet, but still)...