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RIAA Calls YouTube-Viacom Decision Bad Public Policy

adeelarshad82 writes "The Recording Industry Association of America voiced its opposition to the recent decision in the YouTube-Viacom copyright infringement case, stating that 'the district court's dangerously expansive reading of the liability immunity provisions of the [Digital Millennium Copyright Act] upsets the careful balance struck within the law and is bad public policy.' Cary Sherman, RIAA president, also wrote in a blog post, 'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'"

65 of 260 comments (clear)

  1. Uhhh... by Daas · · Score: 5, Insightful

    'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

    Since when is it their job?

    1. Re:Uhhh... by Anonymous Coward · · Score: 5, Insightful

      Since they've pretty much bought their way into the Justice Department, and White House, and want to do the least amount of work policiing the internet, while maximizing their profits.

      This response by the RIAA shouldn't be a surprise to anyone. If anything, it paints their message very loud and clear. YOU the consumer, have no fair-use rights, and we believe you should pay for every instance of every copyrighted work transmitted, copied, or used, on or off the net.

    2. Re:Uhhh... by TENTH+SHOW+JAM · · Score: 4, Insightful

      "As the White House recently noted in its strategic plan to combat intellectual property theft it is essential for service providers and intermediaries generally to work collaboratively with content owners to seek practical and efficient solutions to address infringement," Sherman wrote. "We need businesses to be more proactive in addressing infringement, not less."

      Can someone please inform Mr Sherman, that removing 10,000 videos in 24 hours is pretty much as proactive as you are going to get?

      --
      A sig is placed here
      To display how futile
      English Haiku is
    3. Re:Uhhh... by Spy+der+Mann · · Score: 4, Insightful

      'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

      Since when is it their job?

      Worse. They're saying it's an ILLEGAL exchange.

      The DMCA makes it legal UNTIL a takedown notice is issued.

    4. Re:Uhhh... by GoochOwnsYou · · Score: 5, Interesting

      It gets worse, during the discovery process it was found that Viacom were uploading their works using sock accounts and then threatening YouTube with legal action saying they were put up there illegally. Is the balance he was talking about "balanced 100% in favor of media companies no matter what they do" view?

      No, the Viacom vs YouTube ruling was fair, especially considering internal memos admitted that the "illegal uploading" was done by Viacom themselves.

      I thought not even the RIAA could justify Viacom's side of this case.

      --
      This sig has been distributed under the Creative Commons license.
    5. Re:Uhhh... by Anonymous Coward · · Score: 2, Insightful

      Some days I think that another event like the Black Plague would be the very best thing that could possibly happen to humankind. Ideally the highest fatality rate would be experienced among the fat and the stupid, especially the stupids who have zero situational awareness and are completely oblivious to the fact that other human beings exist and can be inconvenienced by their carelessness and inconsideration. I think that describes about 2/3 of the population. The people left would be so much better off in so many different ways.

    6. Re:Uhhh... by PopeRatzo · · Score: 4, Funny

      Some days I think that another event like the Black Plague would be the very best thing that could possibly happen to humankind.

      No, but it definitely be the best thing that could possibly happen to the RIAA.

      --
      You are welcome on my lawn.
    7. Re:Uhhh... by fermion · · Score: 4, Interesting
      The RIAA is asking for exactly the same thing as all the parents who post their babies dancing to unlicensed songs. The RIAA wants google to spend unlimited funds on armies of workers to vet every submission. The parents wants google to spend unlimited funds on armies of lawyers to protect a perceived fair use right.

      I think in this case the court did exactly what congress intended, and it is constitutional. Service providers like YouTube cannot be liable for posted content and stay solvent, so to allow the business to grow they made it so. No one is going to suffer irreparable damage by having a video pulled for a free posting service, so there is no reason not to have the service provider pulled. A user can also post it on their own dime or use another service, or fight the right to have it posted. Stakeholders are not going suffer irrevocable harm by having unlicensed content up for a short while, so there we go.

      The only thing I would like to see are stiff penalties for parties who use the DMCA to harrass people, but this is no different from SLAPP laws, which have helped some, but there is still a huge problem with big corporation limited free speech of the average person.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    8. Re:Uhhh... by MobileTatsu-NJG · · Score: 4, Insightful

      Liability, ie paying money or going to jail has pretty much been the way to make people do the right thing for quite a while.

      It was a bunch of lawsuits against file sharers that made iTunes successful, right?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    9. Re:Uhhh... by BBTaeKwonDo · · Score: 5, Informative

      The DMCA makes it legal UNTIL a takedown notice is issued.

      The DMCA does not make the exchange legal or illegal; rather, it provides a mechanism that allows ISPs to host user-uploaded content without liability for copyright infringement, provided the procedures are followed with respect to takedown notices. A person who makes infringing copies is still liable for making those copies, regardless of whether the copies are uploaded to an ISP, sold on the street, etc. Of course, not all copies are infringing (though the RIAA would probably disagree with this last statement).

    10. Re:Uhhh... by LandDolphin · · Score: 5, Insightful

      I thought not even the RIAA could justify Viacom's side of this case.

      c'mon.. you know RIAA could justify anything.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    11. Re:Uhhh... by CarpetShark · · Score: 5, Funny

      Wait, I thought the RIAA was the Black Plague.

    12. Re:Uhhh... by silentcoder · · Score: 5, Insightful

      It goes way beyond that though. This is corporatism at it's worst. The RIAA carefully hides here the fact that they are not the holders of the majority of the copyright out there. Under international law, every time I take a picture, write a /. comment or a blogpost or make a recording on my cellphone I own the copyright to it.
      That makes ME a rightsholder.

      The system as it stands, despite the problematic parts of the DMCA actually rather works okay here. The balance struck wasn't struck where the RIAA says it was, with damn good reason. Say I post a video of something silly to my blog, you like it and upload it to youtube. Technically you've committed copyright infringement -but chances are, if you credit me and link the blog I would be grateful rather than angry.
      But it's impossible for youtube to know how I would feel. What the current DMCA means is -if I don't like it, I can file a takedown notice and get it down if I want, or say thank you and leave it up if I want.
      What the RIAA wants here would remove that level of self-decision from the millions of rights-holders who are NOT the RIAA and turn ISP's into a police force. Youtube would have to somehow verify that you either created the video yourself or have an agreement with me about it everytime you do an upload !
      That's a massive legal overhead and in the very vast majority of the cases it would be a complete waste. That's not even considering that a video you don't own, nor know the creator of may have been published under a CC license - and now youtube has the duty to go find the original web-page and check that ?

      I agree with the judge here - the onus for identifying and reporting should belong to those rights-holders who desire to excercise control, not with the ISP's whose job ought to be to build reliable fast servers that are not so congested as to be unusable. The moment and IT company has more lawyers than developers things go to hell for customers. Just look at Microsoft. Let's not force that to be the case for every ISP and 1-man hosting company in the world as well !

      --
      Unicode killed the ASCII-art *
    13. Re:Uhhh... by silentcoder · · Score: 2, Insightful

      Actually - here's an even better example. As any WoW player will tell you before engaging a raid it's common practise to watch videos on youtube showing screencasts of the fight. This is among the best way to study tactics for it.

      Those videos usually have three core parts:
      1) The actual gaming things captured. This is copyright blizzard (Actually it's a derivative work, the art in the game belongs to them but the screencast is not the art itself and has more to it) - but blizzard has already given explicit permission for the creation and distribution of such derivative works.
      2) Usually there is a voice-over explaining the tactics you are looking at. This is copyright whoever is reading it, it may even have another owner if it was written by somebody else.
      4) Then there is usually a lot of guild-chatter as well. This is even trickier. Every single person typing there owns the copyright to the line of text they wrote which appeared on screen during the video. For most raids - that's 25 people, if the caster had the guild window open it could be 100 or more people's copyright - in one short video.

      So let's say 80 copyright holders involved. Only ONE of them is a major media company and that company HAS already given permission for this to be created. Of the remaining 80 all but one is nearly impossible to identify as their only available identification there is a character name. Youtube may not even know on which realm - to find them youtube would have ot demand their account details from Blizzard who because of their strict security measures would demand a subpoena.

      78 subpoena's, a note from the voice-over guy ... all this so that you could show a video of how to defeat Sartharion ?

      That's what the RIAA's system would demand of youtube. Well it doesn't work like that because it would be, let me see, batshit insane !
      Instead doesn't it rather make sense to let such actions be handle BY those right's holders ? That even takes care of the rare case where blizzard may actually have a valid reason for wanting a video pulled that isn't covered by the permission they gave- say if you had posted a screencast of Cata taken during the NDA period that they felt was sufficiently problematic to want pulled.

      --
      Unicode killed the ASCII-art *
    14. Re:Uhhh... by SirGarlon · · Score: 2, Insightful

      'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

      And that is a Good Thing. I do not *want* service providers spending time and money policing their networks; both as a customer and a shareholder I see no benefit to me in a service provider cooperating with the {RI,MP}AA beyond the absolute minimum required by law. That minimum just got lower. :-) If the media companies want to crack down on copyright infringement, let them do it at their own expense.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    15. Re:Uhhh... by dgatwood · · Score: 2, Insightful

      I don't think it made a significant impact, IMHO. The vast majority of downloaders, when asked why the downloaded music illegally, replied that there was A. no way to try before you buy on most songs, and B. no store that sold tracks individually. Is it any wonder, then, that when such a store came along (and also provided better ease of use) that most of those people started using it? Who would have thought that maybe those people really were telling the truth when asked their reasons?

      The people who didn't feel that way---the ones who were really just doing it to get free content---assuming they got scared by those commercials, would simply have moved to FreeNet, BitBlinder, Tor, or any number of other means of concealing your identity while continuing to obtain free content.

      Those commercials might have had an impact, but the impact would primarily be in discouraging new people from joining the illegal download movement, not in scaring off people who were already doing it regularly.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  2. Ahhh is widdy baby's feelings hurt? by commodore64_love · · Score: 4, Funny

    "Well tough shit! It's OUR culture not yours so fuck off." - The People of these 50 United States

    "eeep!" - RIAA runs away

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:Ahhh is widdy baby's feelings hurt? by commodore64_love · · Score: 5, Interesting

      But seriously...... the whole point of the DMCA was to protect third-party companies. If I upload an infringing video and Viacom complains, then youtube is expected to honor the request. BUT if I then file a motion to reinstate the video because it doesn't violate copyright (for example it's me singing my own song), Youtube is supposed to restore the video immediately.

      From that point forward youtube is now held blameless as a neutral party. They followed the rules. Why RIAA would want youtube to be punished makes no logical sense, except in the mind of a bunch of greedy tyrants. I guess RIAA doesn't want youtube restoring videos of Me singing my own song..... they want all music production to be in *their* hands, not in the People's hands.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Ahhh is widdy baby's feelings hurt? by interkin3tic · · Score: 4, Interesting

      "Well tough shit! It's OUR culture not yours so fuck off." - The People of these 50 United States

      "You must not have gotten the memo on the latest version of ACTA... oh right, it's secret. Well, about that..." - RIAA

      FTFY

    3. Re:Ahhh is widdy baby's feelings hurt? by commodore64_love · · Score: 3, Insightful

      "But we have treaties!" - Londo

      "Words on a page. Ignore them." - Refa

      POINT: I don't consider treaties to be higher than the Supreme Law of the Land (Constitution) or the People (ultimate authority). They can be signed today and nullified ten years from now, if we so wish. When the Russian Federation took-over for the collapsed Sovyet Union, they said they would honor the treaties but they didn't have to. The new government could have just as easily nullified them as being "illegitimate acts" by a defunct government. Another example is when Japan walked-out of the League of Nations, nullified their treaties, and started building tons of battleships.

       

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Ahhh is widdy baby's feelings hurt? by WiglyWorm · · Score: 5, Insightful

      I may be picking nits, but the DMCA makes NO specifications at all about what a company must or mustn't to when it receives a takedown notice. If I'm hosting a video which is clearly fair use, I don't have to take it down because I receive a takedown. It's just legally safer that way.

    5. Re:Ahhh is widdy baby's feelings hurt? by Thinboy00 · · Score: 3, Informative

      Actually, putbacks are legally binding (see last two items).

      --
      $ make available
    6. Re:Ahhh is widdy baby's feelings hurt? by Jenming · · Score: 3, Funny

      yes, that worked out real well for Japan

      --
      Morpheus, God of Dreams.
    7. Re:Ahhh is widdy baby's feelings hurt? by hedwards · · Score: 2, Insightful

      You might not consider them to be so, but you'd be wrong about that. It's been a pretty consistent ruling that treaties do indeed get placed ahead of the constitution. Which is what is so troubling about things like the WTO and ACTA. Definitely not in the interests of the American people, but the politicians write and sign them anyways.

    8. Re:Ahhh is widdy baby's feelings hurt? by commodore64_love · · Score: 2, Insightful

      Actually nullifying the League treaties worked GREAT for Japan..... until they rather stupidly decided to attack a continent-sized nation. If they had not done that, they could have walked-out of the League with no further repercussions and existed independently.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    9. Re:Ahhh is widdy baby's feelings hurt? by DRJlaw · · Score: 4, Informative

      I may be picking nits, but the DMCA makes NO specifications at all about what a company must or mustn't to when it receives a takedown notice. If I'm hosting a video which is clearly fair use, I don't have to take it down because I receive a takedown. It's just legally safer that way.

      You're not picking nits -- you're so technically right that you're practically wrong.

      The safe harbor only exists if "[the service provider] upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity." 17 USC 512(c)(1)(C).

      You don't have to take advantage of the safe harbor provision. But if you don't, the copyright owner can bleed you dry. And don't think that corporate IP attorneys don't recognize that fact.

      If you follow the DMCA, you can be sued. However, you can at worst wind up the trial stage with limited discovery and a summary judgment. The copyright owner faces a real challenge piercing the safe harbor -- as shown by the Viacom decision. You have no incentive to settle for any amount greater than the cost of defending yourself to this early conclusion, if you're inclined to settle at all.

      If you do not follow the DMCA, you can be sued. Worse yet, even if you've decided that the video is fair use, you cannot limit discovery, and you are virtually certain to be unable to use summary judgment to avoid a trial on the merits. Fair use is a fact-based balancing test. Summary judgment can only be used where there is no reasonable factual dispute. If there's any resonable question of infringement instead of dair use, you're on your way to a trial and bench ruling or jury verdict. Also, unless the judge permits you to bifurcate issues like damages and willfulness, you're defending the whole enchilada at the same time. Infringement, damages, and enhancement. Your rational settlement number just became the costs of a complete defense, and a risk-of-loss-adjusted-number under at least one theory of copyright liability. Even worse, there's something to be said for the Vlad-the-Impaler logic of running someone through with their own legal costs. Think of SCO (acknowledging that they were, at first, the copyright aggressor), or a pre-Google YouTube running on venture capital without the shield of the safe harbor.

      The first route is a cost you don't need. The second route is a cost you cannot afford.

    10. Re:Ahhh is widdy baby's feelings hurt? by Aeternitas827 · · Score: 2, Informative
      United States Constitution, Article III, Section 1:

      The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

      And, United States Constitution, Article III, Section 2:

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

      The italicized bits are rather important. Section 1, creates SCOTUS, and gives Congress authority to create the lesser courts; Section 2 spells out what that authority is; the structure of the sentence is a little bit odd, but it is clear that their authority applies to laws enacted by Congress and deciding if they may conflict with the constitution. If they decide there is a conflict, the law cannot stand as written.

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
  3. Duh? by Anonymous Coward · · Score: 5, Informative

    'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

    YES, THAT'S THE POINT. If you (the RIAA) want to police that crap, do it on your dime. The Service providers don't know jack about who owns what, and is not their responsibility.

  4. Oh noes by Aboroth · · Score: 5, Funny

    'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

    Boo hoo, you can't get other people to do your jobs for you, you lazy fuckers!

  5. Too Fucking Bad by UnknownSoldier · · Score: 2, Informative

    Typical RIAA, whining about when the Law doesn't give them what they want...

    Guess they didn't bribe^H^H^H^H^H lobby enough...

    1. Re:Too Fucking Bad by russotto · · Score: 4, Insightful

      Guess they didn't bribe^H^H^H^H^H lobby enough...

      Worse than that (from their perspective)... they got the law they lobbied for, but didn't realize that
      a) It would be applied as written
      b) That anyone could actually afford to comply
      c) That a financial model would exist where it made sense for the service provider to defend the ability to post content against a hail of RIAA/MPAA member lawsuits.

  6. Suck it, RIAA. by NeutronCowboy · · Score: 5, Insightful

    'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'"

    In other words, minimizing the illegal exchange of copyrighted becomes the responsibility of the copyright holders, by forcing them to identify which works are their copyright, and which works they would like to not have floating around on the Internet. Go cry me a river. It's bad public policy only in the world where 'public" is defined as "corporations under the RIAA umbrella".

    The more you steal from the public domain, the less I care about abiding by copyright law. I haven't bought a new CD in years, my movie buying is exceedingly limited, and care less and less about ripping any movie/song that I like.

    Before someone accuses me of not wanting to pay for content that I use - nonsense. I actually donate money to a completely silly online game because even FB game developers need to eat, and I donate to NPR because I listen to them. I pay if I think I'm getting something in return, or if I feel that I'm supporting a deserving cause. I feel that I don't get anything from the media conglomerates.

    Go suck it, RIAA.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Suck it, RIAA. by commodore64_love · · Score: 2, Insightful

      >>>I feel that I'm supporting a deserving cause

      Ditto. I recently subscribed to Asimov's Science Fiction because I heard they were in bad shape (dropped below 15,000 subscribers). I enjoy short stories so I decided it was worthwhile to give them ~$30 a year to keep this literary genre alive. I'm supporting art for the sake of art, because I don't want to see it disappear.

      But I feel absolutely no compunction to buy a Britney, Lady Gaga, or Black Eyed Peas CD. Maybe I'll pick-up their greatest hits CDs circa 2020, but that's about it. It's bubblegum, not art. I don't care how much RIAA browbeats me and others to go buy every single CD/song they ever produced. I refuse. I have that right.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Suck it, RIAA. by Drishmung · · Score: 5, Insightful

      You can't steal from the public domain. ...

      But you can steal 'the public domain'.

      The law doth punish man or woman
      That steals the goose from off the common,
      But lets the greater felon loose
      That steals the common from the goose.
      http://www.wealthandwant.com/docs/Goose_commons.htm

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    3. Re:Suck it, RIAA. by PopeRatzo · · Score: 3, Funny

      I recently subscribed to Asimov's Science Fiction because I heard they were in bad shape (dropped below 15,000 subscribers).

      Comm64, just when I've written you off, you say something that endears you to me.

      I'm also one of the 15,000 by the way.

      --
      You are welcome on my lawn.
    4. Re:Suck it, RIAA. by PopeRatzo · · Score: 4, Insightful

      Every work under copyright is a legal landmine waiting to go off.

      But, as is clear from TFA, land mines don't pick and choose their targets.

      There's still a little part of me that believes the entertainment industry itself will eventually realize that what they're currently trying to do will also kill their own industry. A very little part. And I'm not holding my breath.

      I grew up during a period when local TV stations had film libraries covering the entire history of American movies and a big chunk of foreign films. After the 10pm news, they'd play these old movies, and another one after that and another after that until the "Sunrise Semester" public service programs ran at 6am. I was able to get a comprehensive education in American Film, including film noir, iconic westerns like those of John Ford, the great films of Fritz Lang, Otto Preminger, John Huston, Douglas Sirk, Billy Wilder, right down the list, from the Marx Brothers to Busby Berkeley musicals, Hitchcock to Don Siegel. And foreign films from Fellini to Michael Powell to De Sica (sometimes badly dubbed, but still...) When I got to college and majored in writing, I had a rich vein of great storytelling to draw from, thanks to these film libraries. Today, such things would be completely impossible. How much harder it is to develop both a love of cinema and the wealth of experience of seeing such a huge number of great films.

      Most of these local stations pulled their own plugs by replacing the late movie with two episodes of some lame late '70s TV show, but that kind of exposure to a great art form is no longer possible to young people, without expensive cable television subscriptions.

      I used to haunt the record stacks of the Chicago Public Library, listening to classical music from Early Music through contemporary, and jazz, and blues, and everything.

      I used to think that the internet could recreate this experience for future young people, but it looks like these goons who represent the entertainment industry are trying to kill that off entirely.

      --
      You are welcome on my lawn.
  7. Arrrrr! by girlintraining · · Score: 4, Insightful

    It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.

    Aren't you guys trying to force service providers to pick up the tab by changing the law -- you sit back and collect the profits while they pay the costs? I recently calculated that for about $33k worth of hard drives filled with infringing MP3s (average 4MB in size) I could be sued for statutory damages greater than what this country's entire economy made in 2009.

    Don't cry to me that you can't pass the buck to service providers here when you've got that kind of legal power at your disposal.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Arrrrr! by commodore64_love · · Score: 3, Interesting

      >>>RIAA sits back and collects the profit while ISPs pay the costs

      Ya know: If I picked-up the morning paper and read that someone shot the RIAA CEO in the head, I think I'd actually smile..... just like I smiled when Saddam Hussein was terminated. For a few rare individuals, the world would improve if they ceased breathing. Such as when Emperor Nero died.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Arrrrr! by girlintraining · · Score: 5, Insightful

      For a few rare individuals, the world would improve if they ceased breathing.

      When we indulge that kind of thinking, we devalue human life. If the RIAA CEO died, he would simply be replaced by a carbon-copy duplicate. Do you know what he looks like? Does he have a family? Do you know anything else about him, other than he's the CEO of RIAA? CEOs -- They talk, mostly. Sometimes they sign things. That's not a reason to kill.

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:Arrrrr! by Sycraft-fu · · Score: 2, Insightful

      It is very rare that a single person is the cause of large problems. There are a few cases, but they are vanishingly few. Most of the time the individual doesn't make a whole lot of difference and the parent is correct that the RIAA is one of those. Getting rid of the management would cause nothing to change. The problem is endemic of the whole system. The media companies have a corporate belief in this, and the RIAA is their mouthpeice/enforcer. Getting rid of a few individuals would change nothing.

      The only way to change it is to change the culture, and really the only way to do that is to hit them in the wallet. If people stop putting up with their shit and start buying from independent sources, which is becoming easier and easier in the Internet age and which Google's TV and WebM strategy stands to expand, it'll change. They'll either adapt to the new system to continue to make money or go out of business.

      However killing someone in their organization would do nothing but validate their beliefs that their opposition are extremists.

    4. Re:Arrrrr! by Anonymous Coward · · Score: 2, Funny

      If you skip reading the paper one day, you could miss any event that happened.

      With /., if you miss it once, you know there'll be a dupe in a day or so.

    5. Re:Arrrrr! by Jafafa+Hots · · Score: 4, Funny

      When we indulge that kind of thinking, we devalue human life. If the RIAA CEO died, he would simply be replaced by a carbon-copy duplicate.

      Ok, that's funny. Devalue human life. Carbon-copy duplicate. Ha. Look what you did there.

      --
      This space available.
    6. Re:Arrrrr! by Looce · · Score: 4, Informative

      Just for future reference,

      33,000 USD of hard drives, currently at about 1.5 TiB for 80 USD, is 633,600 GiB.

      633,600 GiB can store 158,400,000 songs, at 4 MiB apiece.

      The second trial of Jammie Thomas awarded the RIAA 1,920,000 USD for 24 songs, which comes out to 80,000 USD apiece.

      For 158,400,000 songs, the RIAA would be awarded 12,672,000,000,000 USD (12 trillion short scale). That's only a bit less than the national US debt, which is 13,208,593,598,669 USD (13 trillion short scale) as of this comment!

    7. Re:Arrrrr! by commodore64_love · · Score: 4, Insightful

      >>>When we indulge that kind of thinking, we devalue human life.

      Yes but if we allow murderers (saddam) or thieves or tyrants (RIAA CEO) to continue abusing other humans, that THAT is a devaluation of life. It is because we are sick of seeing our these crimes that we hope the Idiot will die, and the suffering stop.
      .

      >>>be replaced by a carbon-copy duplicate

      Yeah but maybe his fear of being shot in the head would make him tread more carefully, and not piss off the voters. He might even reverse policy and form a gentler, kinder RIAA. (As Obama did when he replaced Bush as president.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  8. Hey RIAA by p51d007 · · Score: 2

    DROP DEAD! Your business model died years ago, it's just no one has pulled the plug on you & the MPAA.

  9. RIAA are really fighting a stupid match here by Kjella · · Score: 4, Interesting

    Sure, on the surface it sounds good for the RIAA being able to hold a gun to YouTube's head every time an infringing video is posted. But what would that in practice mean? It would mean that any video that hasn't been reviewed and approved by YouTube would be a liability - and knowing the RIAA, a big one. It'd basically be a license for the RIAA to print money off YouTube, since it's highly unlikely they could keep everything away. They could just continue to make increasingly more impossible standards of screening and cooperation for YouTube to fail.

    I think if this ever gets to the Supreme court, Viacom will be handed a slapdown so big their head will be spinning for years so I almost hope they do. Imagine if every comment here had to pass through an editor in case it contained copyright text of Scientologists or whatnot, it'd be the death of all discussion forums. There's no way the Supreme Court would leave a sword of Damocles hanging over every site operator like that, they're more than smart enough to figure out their guideline would be the guideline for all copyrighted content.

    Any bets on what serial killer YouTube will be likened to?

    --
    Live today, because you never know what tomorrow brings
  10. Dear RIAA by Cl1mh4224rd · · Score: 5, Funny

    Dear RIAA,

    Shut the fuck up.

    Sincerely,
    Everyone

    --
    People will pass up steak once a week, for crap every day.
  11. translation: by CosaNostra+Pizza+Inc · · Score: 2, Informative

    "We (The RIAA) were hoping to sue the service providers in addition to suing the end-user for making the illegal downloads. Waaah! Its not fair that you won't let us sue".

  12. The key word by IndustrialComplex · · Score: 4, Insightful

    The key word in public policy is 'Public'. I think the RIAA doesn't seem to get that. The Public is what grants them copyright in the first place. The Public's interests should come first with respect to anything which the Public granted them in the first place.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    1. Re:The key word by Aeternitas827 · · Score: 3, Funny
      In reference to your sig: there goes serenity!

      ...braces for the -1, Offtopic

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
  13. Careful Balance by Anonymous Coward · · Score: 2, Insightful

    I never knew there was a "careful balance" with the DMCA.

  14. Re:Let me get this straight. by Pyrus.mg · · Score: 5, Funny

    In other news: NAMBLA thinks age of consent laws are bad public policy.

  15. Re:Let me get this straight. by russotto · · Score: 5, Funny

    We're going to be getting advice on morals and comportment from Paris Hilton next, I take it.

    Sure. The difference is that Paris Hilton would be insightful enough to see the irony.

  16. The courts don't make policy! by Late+Adopter · · Score: 3, Interesting

    the district court's dangerously expansive reading of the liability immunity provisions of the [Digital Millennium Copyright Act] upsets the careful balance struck within the law and is bad public policy.

    The courts' job isn't to make policy, it's to interpret and apply it! I'm tired of people criticizing court decisions because the outcome doesn't favor the party you're most sympathetic to. A decision is a good decision if it's consistent with the law, precedence, and is fairly and evenly applied.

    RIAA, you want the law to say something other than what it does? Buy a senator, God knows you have enough money.

    1. Re:The courts don't make policy! by Jafafa+Hots · · Score: 5, Insightful

      They already own many senators. That's why they're upset - they bought the DCMA, and now they found out it's not entirely what they thought they were buying.

      You know, sort of like buying a CD and finding out the only song you know is the only good song on it.

      --
      This space available.
  17. They have sued people for millions by DMiax · · Score: 4, Insightful

    Where is the careful balance in DMCA?

    1. Re:They have sued people for millions by tinkerghost · · Score: 4, Insightful

      Where is the careful balance in DMCA?

      That would be where they carefully balanced your right to make backups with the prohibition on selling or distributing software that would allow you to actually do it.

  18. Fuck the MPAA RIAA. by crhylove · · Score: 2

    Seriously. Nobody is buying their shit because it SUCKS. I never want to hear Taylor Swift and Avril Lavigne in my life. They are awful. "Fast and Furious" FOUR?!?! Like the first one didn't suck enough?

    How about making a decent CD or DVD WORTH $9.99?!?!?

    Idiots. I would sucker punch a movie or record exec in the face if I had half a chance.

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  19. Their sites? by JThundley · · Score: 2, Insightful

    'It will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.'

    Do they really think that ISPs exchange copyrighted works on their own sites? Or do they think that because an ISP serves a site that makes the site belong to the ISP?

    1. Re:Their sites? by Anonymous Coward · · Score: 2, Funny

      Simple logic :
      The RIAA owns all multimedia.
      Therefore, ISPs own all the web.

  20. The RIAA is upset? by Daimaou · · Score: 4, Funny

    That's the saddest thing I've ever heard. No, really it is. I'm sorry if that came across as sarcastic.

  21. RIAA's ploy by Anonymous Coward · · Score: 2, Insightful

    RIAA's next big idea is to get the government or the FCC to enforce their hopeless business model. Expect to see more of this "it's everyone's job to protect our intellectual property" mentality. The ACTA is their next big hope to get laws passed that protects their music online. Personally I think it delays the inevitable, but as long as there are lobbyists and crooked politicians there's going to be a recording industry that is locking down the internet in a very self serving manner. Anyone who reads Slashdot should have the dignity to write their statesmen and tell them that further copyright regulations only takes money from hard working artists and puts it in the hands of an obsolete middleman.

  22. What about the smoking gun from YouTube's founders by yuhong · · Score: 2, Insightful

    What about the smoking gun emails from YouTube's founders? Hopefully they will be considered on appeal, as the DMCA safe harbor never was intended to allow content providers to leave stuff up that they found infringing copyright to make money from the resulting page-views or things like that and the fact that they were finally taken down when Viacom sent it's takedown notice is no excuse. But they are correct that it never required active monitoring or filtering or anything like that.

  23. Re:Let me get this straight. by PinkyGigglebrain · · Score: 3, Funny

    National Association of Marlon Brando Look Alikes?

  24. Infringement is a matter of *PERMISSION* by Xenographic · · Score: 2, Insightful

    > What about the smoking gun emails from YouTube's founders?

    What about the OTHER smoking gun where Viacom uploaded videos altered to appear to be leaks?

    Copyright is a matter of *permission* Nobody but Viacom knows who they gave permission to upload the videos to. And they not only could, but did give people permission to load certain videos (that would appear infringing to anyone who didn't know that). Worse, Viacom's expensive lawyers couldn't figure that out, even after performing a detailed investigation.

    The problem was so bad that Viacom had to withdraw certain clips from its case after the fact. Twice.

    If Viacom's own highly paid legal team can't figure it out who Viacom gave permission to upload what after spending many billable hours (at rates on the order of $300/hour), how the hell is YouTube supposed to do this millions of times a day? And if humans can't figure it out, how is Google supposed to find people who can program a computer to do it? Yes, they now do automatic matching of MAFIAA content based on the assumption that *nobody* has the right to upload it, but they're just making the best guesses they can. They don't actually know.

    They can't actually know. This is a social problem, not a technical one.