Slashdot Mirror


RIAA President Says Copyright Law "Isn't Working"

Kilrah_il writes "Apperantly not satisfied with the current scope of the DMCA, RIAA President Cary Sherman wants to broaden the scope of the law to have content providers such as YouTube and Rapidshare liable for illegal content found on their sites. 'The RIAA would strongly prefer informal agreements inked with intermediaries ... We're working on [discussions with broadband providers], and we'd like to extend that kind of relationship — not just to ISPs, but [also to] search engines, payment processors, advertisers ... [But], if legislation is an appropriate way to facilitate that kind of cooperation, fine.' Notice the update at the end of the article pointing out that Sherman is seeking for voluntary agreements with said partners and not to enact broader laws without their cooperation."

473 comments

  1. What a coincidence by Anonymous Coward · · Score: 5, Funny

    Breaking and Entering Law & modern technology isnt working with my chosen profession of burglar.
    I could try going to individual houses asking them not to lock doors but ultimately I think the
    law needs changing so I get special treatment so I can continue to screw people.

    1. Re:What a coincidence by amicusNYCL · · Score: 2, Interesting

      I've always been curious as to exactly how the copyright holders expect the content providers to determine if any given piece of content is copyrighted or authorized. Is there an algorithm that can distinguish between an original copyrighted work and a fair-use derivative for audio or video?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:What a coincidence by Captain+Spam · · Score: 5, Insightful

      I've always been curious as to exactly how the copyright holders expect the content providers to determine if any given piece of content is copyrighted or authorized. Is there an algorithm that can distinguish between an original copyrighted work and a fair-use derivative for audio or video?

      To which these particular copyright holders would respond, "what fair-use?".

      --
      Demanding constant attention will only lead to attention.
    3. Re:What a coincidence by odies · · Score: 0, Troll

      While RIAA/MPAA is probably too far on the other side of view, you aren't really honest with yourself if you think theres no hoopholes with the current copyright law or if you think piracy isn't rampant. People obviously like to get all of this for free, but the content creators need to be paid too so they can continue making us those things.

      How do you think game companies would continue to make games if everyone pirated them? It wouldn't be possible. We would currently have a lot more indie developers and small studios working on awesome games if people would buy the games instead of pirating them. Yes, not everyone would buy it, but it's still a significant amount. Normally people just get tired of waiting for the warez version and buy the game, or they buy the game if they want to play it online.

      Creating quality content takes money. The more people pirate, the less there are quality products, because there is no money to make them.

    4. Re:What a coincidence by gorzek · · Score: 1

      The only way you could do it is to have some massive database that can quickly and easily identify a work as copyrighted or not based on a small sample of it. This kind of "fingerprinting" already exists for music. Not sure about video. Getting it all together into one big database would be a real pain, though--and so would legally forcing YouTube, et al to use it.

    5. Re:What a coincidence by easterberry · · Score: 2, Interesting

      how do you separate infringement from fair use? What if it's a clip from a song they have the right to use?

    6. Re:What a coincidence by meerling · · Score: 5, Insightful

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.
      I think your theory needs a little more work since it would imply that such a situation couldn't ever have existed.

    7. Re:What a coincidence by Anonymous Coward · · Score: 0

      Yes there is an algorithm...

      if (might be copyrighted) {
              assume it is
          } else {
              assume it is // f**king freeloaders
          }

    8. Re:What a coincidence by odies · · Score: 1, Redundant

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.
      I think your theory needs a little more work since it would imply that such a situation couldn't ever have existed.

      Do you really, really just want to listen to such music? Because you know, you can already. You can go listen to local bands and ask for their demo tapes, and stay away from all the artists that belong to some label working with RIAA. No one is making you to listen to or pirate those artists/movies/games. Oh, but you actually want to because you think they're good.

    9. Re:What a coincidence by Anonymous Coward · · Score: 0

      What about adding a copyright flag inside files?

      P.S.: Don't comment and mod me insightful please. Hopefully the RIAA will agree with this idea.

    10. Re:What a coincidence by Anonymous Coward · · Score: 0

      The solution is not to alter the laws to the point where they go against the original intention of copyright. Copyright LENGTHS have NOTHING to do with how much piracy there will be. The DMCA has nothing to do with how many people will pirate. The entire purpose of copyright, the only reason for its existence as explained explicitly in the Constitution, is to get works in to the public domain. The limited time monopoly granted to copyright holders is a means to that end. The *AA have made extreme efforts to turn that monopoly in to the end, eliminating the passing of works in to the public domain through use of the DMCA as an end run around the Constitution and even around the slow process of copyright extensions.

      Do you really expect people to start respecting their wishes when they don't respect the basic ideas those laws were created on?

      Yes, we need solutions to the problem of disrespect for copyright law as it was originally envisioned. However, the violation of current bought-and-paid-for copyright law is not going to cause me to lose any sleep. Disclaimer: I plan to design games independently for a living, so this problem is relevant to my interests. I just happen to realize that all the current game, music, movie, and book publishers are doing it WRONG if they want to be respected and paid.

    11. Re:What a coincidence by Qzukk · · Score: 2, Informative

      The "New World Order" that the *IAA seeks is one where everything is assumed to be copyrighted (by them). If you want to distribute something, it must have their approval (probably to the tune of $thousands + $hundreds per minute of media for "analysis" to ensure it's not infringing). Sounds farfetched? RIAA's Sound Exchange is already THE government-mandated recipient of all royalties for music played on "internet radio". Even if the song wasn't written, performed, or recorded by anyone associated with the RIAA.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    12. Re:What a coincidence by Anonymous Coward · · Score: 0

      how do you separate infringement from fair use?

      You don't. You simply refuse to allow fair use.

      On a site like Youtube this isn't a problem as technically Youtube can remove any videos for any reason, even if the videos aren't breaking any law, so no need to distinguish.

      In other arenas (or if I put a video up on my own website, where ultimately it's up to ME what stays up and what doesn't) distinguishing is legally required, but a) these sites are small fish, and b) they'll fold under a legal threat in 99% of cases even if they aren't breaking the law.

    13. Re:What a coincidence by blair1q · · Score: 1

      Google Goggles is scary at the things it can recognize. It could probably do video with a little more coding.

    14. Re:What a coincidence by wygit · · Score: 1

      I think the meerling was saying that the artists "working with the RIAA" seem to be doing ok.

    15. Re:What a coincidence by EdIII · · Score: 5, Insightful

      how do you separate infringement from fair use? What if it's a clip from a song they have the right to use?

      You don't. The RIAA, and other such organizations, do not believe in fair use. They are in fact, very bitter about it.

      Their preferred world is one in which they can deny, or enjoy forced monetization, of all content and the burden of defense, both financially, and legally, is borne by those least capable to do so.

      Your question about rights is interesting too. I currently have a problem with this very situation with YouTube. I do have rights to use a song in videos and get flagged on a constant basis by the fingerprint system. Guess what their solution to the problem is? MMO DRM. In their solution I would need to embed my own personal code in the video when uploaded to authorize its use. Of course the next logical step is to create licensing rights that demand a per viewing fee.....

    16. Re:What a coincidence by Anonymous Coward · · Score: 0

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.

      Not that I'm an RIAA fan by any means, but you don't exactly need copyright law when the means of doing the copying hasn't been, you know, invented yet.

    17. Re:What a coincidence by TheLink · · Score: 5, Informative

      What if it was intentionally uploaded by the copyright holders themselves, or by those they authorized to do so?

      http://youtube-global.blogspot.com/2010/03/broadcast-yourself.html
      http://www.zdnet.com/blog/btl/google-viacom-wanted-to-buy-youtube-uploaded-its-own-clips/32061

      quote:
            For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there. It hired no fewer than 18 different marketing agencies to upload its content to the site. It deliberately "roughed up" the videos to make them look stolen or leaked. It opened YouTube accounts using phony email addresses. It even sent employees to Kinko's to upload clips from computers that couldn't be traced to Viacom. And in an effort to promote its own shows, as a matter of company policy Viacom routinely left up clips from shows that had been uploaded to YouTube by ordinary users. Executives as high up as the president of Comedy Central and the head of MTV Networks felt "very strongly" that clips from shows like The Daily Show and The Colbert Report should remain on YouTube.

      Viacom's efforts to disguise its promotional use of YouTube worked so well that even its own employees could not keep track of everything it was posting or leaving up on the site. As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement. In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.

      --
    18. Re:What a coincidence by Sparr0 · · Score: 1

      I've read about this. Can you provide a citation? I play CC-licensed music over internet radio all the time, and fair-use-ly sampled stuff as well. I'd love to see the RIAA come after me, I've got nothing better to do than fight a lawsuit like that.

    19. Re:What a coincidence by enderjsv · · Score: 1

      I understand what you're saying, and I think it's unfair someone modded you -1 (the only reason I could imagine is because they disagree with you, which is not what mod points are for), but this is an argument less about copyright itself and more about who is responsible for enforcing it. So much of the internet is about user-generated content. Anytime you give the users the ability to influence the contents of your site, there's the risk that they might use your site to post copyrighted material. If we start holding companies liable for this, say goodbye to youtube, facebook, and perhaps even popular forums like Slashdot. I mean, nothing is stopping me from posting a copyrighted poem or news article here. Should Slashdot be coughing up money every time that happens?

    20. Re:What a coincidence by hedwards · · Score: 1

      I think the point is that you don't. The RIAA is mostly upset about sales being down, they don't care whether it's because you're not buying or pirating, they aren't getting the cut from the sale that doesn't happen. Additionally, making copies of work you've already paid for is bad because it deprives them of the additional income from everybody buying several copies of the tracks.

    21. Re:What a coincidence by Vrallis · · Score: 2, Funny

      RIAA won't stop until they gain the right, by law, to send their personal SWAT team to your home and execute you on the spot for humming more than two notes from a 200-year-old song that they have somehow kept under copyright.

      The only other way to stop the insanity is for the artists and publishers to stop participating in RIAA.

    22. Re:What a coincidence by wealthychef · · Score: 1

      While you and I probably agree that there is a problem with odies' argument, your argument is also fallatious. Copyright is a recent invention, made necessary or at least greatly more useful by advances in industry and distribution that allow people to copy a work and make money off it much easier than in the past. If I write a novel, which might take a year or two, and someone else can just print it and distribute it without paying me, well, then I won't write said novel, probably.
      I do agree though that the current system is hugely skewed in favor of making huge gobs of cash for copyright holders, which is not the same thing as huge gobs of cash for content creators, unfortunately. I think it's sorting itself out as we go. though

      --
      Currently hooked on AMP
    23. Re:What a coincidence by hedwards · · Score: 3, Interesting

      If you're willing to put forth the effort, there's a lot of really good indie music out there, it's just a bit of a challenge to find. Personally, it's been years since I bought anything from the RIAA since I find there behavior to be beyond disgusting. I'm sure they've chalked that small drop in sales up to pirates and are using it as justification to further erode my rights as we speak.

      I'm just waiting for them to demand the right to break into people's houses and force them to buy the latest album by whomever it is they say is good.

    24. Re:What a coincidence by Anonymous Coward · · Score: 0

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.
      I think your theory needs a little more work since it would imply that such a situation couldn't ever have existed.

      At that time it was impossible to make and distribute audio recordings without signifigant capital investment. There is no direct historical analog of the effects file sharing has on the value of intelectual property.

    25. Re:What a coincidence by easterberry · · Score: 1

      that is fantastic.

    26. Re:What a coincidence by Moryath · · Score: 1

      Not only that.

      The MafiAA bribed so many legislators and judges that they thought they had things all sewed up. It was bad enough that it reminded me of the ChiggerBurger franchise idea (from Legends of the Ferengi) - no matter what you do, the MafiAA would find some way to make you "pay" for somehow interacting with something they produced.

      It's like when they bribed the shit out of Canada and got an extra tax put on blank tapes and CD's, which supposedly "pays back" the MafiAA for any songs/music that might possibly be recorded to them later (despite the fact that, you know, actual DATA or your OWN compositions or interviews or any other content could be recorded to them which wouldn't be copyrighted to the MafiAA) and still screamed about people "downloading" afterwards.

      The answer is, any politician who's ever received money from the MafiAA should be thrown out of office, and Cary Sherman should be run out of the country too. Pity it'll never happen.

    27. Re:What a coincidence by Somewhat+Delirious · · Score: 2, Insightful

      I don't think you completely understand the RIAA. They have a very simple rule for distinguishing infringement from fair use. If it doesn't make them obscene amounts of money and doesn't give them the option to force you to pay yet another obscene amount of money for using it on a different system or device until the end of eternity it's infringement.

      --
      The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
    28. Re:What a coincidence by Anonymous Coward · · Score: 1, Interesting

      Oh, but you actually want to because you think they're good.

      Actually, I don't, because they aren't. Sadly, according to the *IAA, my lack of purchasing their crap is not due to it being crap, but rather because I'm a dirty pirate scum-bag, who should just hand over all of my money or get sued for it. In the last five years, I've bought exactly six music CDs, all of which were from non RIAA bands and musicians.

    29. Re:What a coincidence by Pojut · · Score: 5, Insightful

      It's such a shame that music has been ruined by money.

      Oh wait, no it's not. Money and advertising are no longer difficult hurdles to overcome for a talented independent musician. True, modern technology is a big reason why so many musicians are able to get their work out in the wild now, but think how many of those people have been driven to do it on their own due to record companies' douchbaggery.

      I'm extremely happy that most of the real talent comes from a random dude in a basement with a homemade vocal booth, or some chick jamming on a synth in a bedroom. Being able to get our own emotions and musical inspirations available to the public so easily (and cheaply!) is, in my opinion, one of the greatest side effects of the Internet.

    30. Re:What a coincidence by Anonymous Coward · · Score: 0

      YouTube already has this technology for both video and audio, and works for whole works or small clips. They use it.

    31. Re:What a coincidence by spitzak · · Score: 1

      This is very simple: they expect that any site allowing publishing of "amateur content" to be illegal. Youtube can easily reject all copyrighted work by rejecting *everything*. You will be unable to place information on the Web in any kind of public form unless you have paid for a license. These license fees will allow the "professionals" to be paid for their art.

      Private communication of data will be allowed, but the receiver will only be able to read it as long as your computer is online and able to send the decoding token. Otherwise there is nothing to prevent you from illegally "publishing" (sending to more than one person), and we sure can't have that!

    32. Re:What a coincidence by Anonymous Coward · · Score: 0

      function is_copyrighted() { return true; }

    33. Re:What a coincidence by Jedi+Alec · · Score: 3, Insightful

      In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.

      You know, when individuals start to exhibit this kind of behavior we stick them in a padded room somewhere with medication and therapy till the symptoms go away :)

      --

      People replying to my sig annoy me. That's why I change it all the time.
    34. Re:What a coincidence by harl · · Score: 2, Insightful

      They don't care. They just want the ISPs to do their work for them.

      Technology is making it so that business models that revolve around copyright protection need to come up with a new paradigm. They don't want to, for the obvious reasons. They happen to exist in a country with a corrupt political system so rather than change their business model they're just going to buy a law.

      What they don't realize it that it's impossible to stop copyright infringement if the cost of the 1+n copy is almost zero.

      I also imagine that they're going to push for penalties for the ISPs. Suing the average person is pointless as they don't have money and it generates an enormous amount of ill will.

      However making ISPs liable is nonsensical and goes against decades of precedent. It would make it impossible to to run an ISP. What they're asking is the same as making the phone/cell company responsible for any crime that uses the phone system. People tried that with gun companies and it failed.

      The problem is that they are so out of touch with reality they think these are good ideas.

      --
      I find being offended by me offensive.
    35. Re:What a coincidence by enderjsv · · Score: 0, Offtopic

      I know, right? I love how the guy he was replying to gets down-modded twice, not because he was being an asshole or anything, but rather because he simply had an unpopular opinion. But this guy, who posts a reply that is essentially a straw man argument that has nothing to do with the situation of our present day, get's modded +3. I really think slashdot ought to just can all the -1 and +1 euphemisms and stick to the only two that really matter. +1 agree and -1 disagree.

    36. Re:What a coincidence by mcgrew · · Score: 4, Interesting

      The problem with your position is the assumption that nobody would pay for music if they could get it for free. That ignores decades of legally recording off the radio. It ignores the fact that you can legally read books for free and legally get copyable CDs for free; they're at the public library. It ignores the fact that Cory Doctorow is on the New York Times best seller list despite the fact (he says "because of" in his book Little Brother) that his books are on his website for free download.

      Copyright is (or should be) for commercial publishing; my noncommercial use of media should not be against any law.

      Creating quality content takes money

      Hogwash, especially when it comes to music. It used to be true that it cost a fortune to record an album, but digital media has driven the price of creating most content down to almost zero. Any band that can afford instruments can affored to record these days.

      The more people pirate, the less there are quality products, because there is no money to make them.

      Again, you make the mistaken assumption that nobody will buy anything they can get for free. The fact is, "free" sells. The fact that you used to be able to get free matches at about any bar or restaraunt back when everybody smoked, yet they still sold tons of matches disproves your assumption. Bottled water disproves your assumption. Libraries disprove your assumption. You're parroting the RIAA line, which has no basis in fact whatever.

      In fact, every study not funded by an RIAA label has demonstrated that music pirates spend more on music than non-pirates.

    37. Re:What a coincidence by Sarten-X · · Score: 2, Interesting

      There are indeed some huge loopholes with copyright law, like allowing record labels to utterly screw over artists by stealing their music. Then there's the less-absolute screwing in the form of abusive contracts. Copyright law certainly sucks, but it's already in the industry's favor.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    38. Re:What a coincidence by TheLink · · Score: 1

      In some ways it's disgusting and hypocritical though. By intentionally uploading their stuff to Youtube they either:

      a) clearly believe that it can actually make them money instead of billions of losses (like they always cry about).
      b) doing dubious form of entrapment that might even be illegal.

      Or maybe even both...

      I believe Google won that judgement, but apparently had to spend USD100 million. That's a lot of wasted money.

      --
    39. Re:What a coincidence by shutdown+-p+now · · Score: 1

      I've always been curious as to exactly how the copyright holders expect the content providers to determine if any given piece of content is copyrighted or authorized.

      They don't. Rather, they want a law that is guaranteed to make YouTube and the likes practically illegal - and then they can negotiate "personal" agreements with each service provider for a flat fee that will buy blanket immunity to copyright infringement for that particular service provider. Of course, them being individual agreements, the price is set separately every time , so as to milk every provider of everything he can spare - you can be sure Google would be offered a sum with a lot of 0s in it...

    40. Re:What a coincidence by sjames · · Score: 1

      For that matter, what if the copyright holder (*COUGH* Viacom) uploaded it themselves for promotional purposes and then forgot.

    41. Re:What a coincidence by camcorder · · Score: 1

      If they earn significant amount of money from this bussines that's their job to figure out how to filter out these content. Do you think rapidshare would be that popular if there wasn't any copyrighted material on that site? Or do you think people would visit youtube that often if there only had stupid videos of random people? I think not.

      These sites earn money (and very big money) from illegal behavior of the users. Agree with it or not, they exploit the lack of regulations on this front.

    42. Re:What a coincidence by darien.train · · Score: 1

      I believe "word-of-mouth" and "showing people how to play the song" was the previous method of copying before all this modern technology. Not exact but good enough. If Happy Birthday wasn't copyrighted I would site it as a modern example we are all familiar with.

      --
      I don't know how many years on this Earth I got left. I'm going to get real weird with it. - Frank Reynolds
    43. Re:What a coincidence by Overzeetop · · Score: 1

      So now that it takes no significant investment to distribute audio recordings, how come we're being asked to pay so much for them?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    44. Re:What a coincidence by h00manist · · Score: 1

      Isn't the initial settlement they ask for something around the amount a lawyer will cost you anyway? I suppose it's planned so people calculate their chances and costs in court, vs just a settlement, and go for the settlement.

      --
      Build your own energy sources from scratch. http://otherpower.com/
    45. Re:What a coincidence by JediTrainer · · Score: 1

      You know, when individuals start to exhibit this kind of behavior we stick them in a padded room somewhere with medication and therapy till the symptoms go away :)

      Or we charge them with mischief?

      --

      You can accomplish anything you set your mind to. The impossible just takes a little longer.
    46. Re:What a coincidence by Anonymous Coward · · Score: 0

      His theory needs a little more erasure of historical records. Wait a few decades.

    47. Re:What a coincidence by corrosiveh20 · · Score: 1

      +1 I like to make music in a basement studio I've built myself and I could care less if I ever get a cent for my music. Mind you, I'm not doing this for a living. Then again, doing this for a living is a risk you take. If music becomes a "non-profitable career" I highly doubt we'll lose anything of worth anyway. I mean, how much recycled pop garbage do we really need? Any good

    48. Re:What a coincidence by dswensen · · Score: 2, Informative

      Agreed. If you read Youtube's position on fair use appeals on videos, they pretty much say as much flat-out. "We consider almost no fair use appeal to be valid, and if you make such an appeal, we're likely to sanction your account."

    49. Re:What a coincidence by Securityemo · · Score: 1

      Ach, how horrible then that psychopathy is considered incurable by the medical sciences.

      --
      Emotions! In your brain!
    50. Re:What a coincidence by Monkeedude1212 · · Score: 4, Insightful

      Creating quality content takes money. The more people pirate, the less there are quality products, because there is no money to make them.

      The next time you think about bringing this up, do some research on the topic.

      To give you a quick quote:
      "The average musician on a major record deal 'gets' about $23 per $1,000 made... and that $23 still never gets paid because it has to go to 'recouping' the loan [that the label gave them]"

      So if you think buying a CD is helping your artist, you're really only helping them get out of debt with the record label that signed them, and that actually a majority of that $ you spent went to the label anyways. If you want to put dollars in the pockets of your favourite musicians, donate online or ask them whats best. More money goes to them through concert ticket sales (though ticketmaster and the venue do absorb a bit of that cost) and merchandise (also, cost of production).

      There's been a recent movement where a bunch of bands have gone and ditched the record labels, where instead they've taken the money they got from a year of touring and have started their own record labels. (I believe David Grohl of the Foo Fighters is one of them?) - and some Indie bands have gone as far as to ignore a label altogether, instead producing only online digital copies for downloads to increase awareness of the band to make more money during concerts.

      In terms of Game companies: No developer is forced to work with EA or Activision or Ubisoft or any of the large Publishers out there, there are actually MANY ways to make money. If you've payed attention lately, you'll see that indie games are actually on the rise, with new bundles such as the humble indie bundle being offered through different mediums, such as Steam or even the Xbox Arcade. While there are publishers behind these new mediums, they've basically reduced the cost of manufacturing CD's down to the cost of bandwidth (pennies) and that means both cheaper prices for you and more money can go to developers. Everything from EA, down to Gamestop, are not actually necessary to develop and produce a quality game; Online mediums have essentially ruined the need for physical mediums, even some BIG shops such as Blizzard have started to offer online methods of payment for their games.

      Essentially, what it is coming to is this:
      Copyright law is only benefitting publishers now, not the musicians/developers/artists/authors it was originally intended for. Everyone is starting to realize that they don't need a publisher, that their are new methods of distribution, and stopping the harmful piracy is as easy as implementing their own DRM, and that sometimes piracy is good for a product to get it into as many hands/eyes/ears as possible.

    51. Re:What a coincidence by tsm_sf · · Score: 1

      http://www.youtube.com/user/metallicatv

      Huh, looks like you're full of shit. If even Lars "I killed a billion-dollar industry" Ulrich is on board I think you'll need to find a new straw man.

      --
      Literalism isn't a form of humor, it's you being irritating.
    52. Re:What a coincidence by RyuuzakiTetsuya · · Score: 0

      What the fuck are you talking about? Music as far back as I can remember has always been a commercial endeavor. From Bach to Chopin to Miley Cyrus. Pop music isn't new. It's just dumber

      --
      Non impediti ratione cogitationus.
    53. Re:What a coincidence by Monkeedude1212 · · Score: 2, Informative

      E-gads, my grammar is terrible in that post...

    54. Re:What a coincidence by Qzukk · · Score: 2, Informative

      Here's a slice of the mandatory and automatic internet radio royalty fight, from the point of view of a broadcaster:
      http://somafm.com/crb/

      More recent stuff from the same guy is
      http://somafm.com/blogs/rusty/labels/IREA.html

      "The new agreement keeps the per-performance rate structure but reduces the rates set by the Copyright Royalty Board for 2009 and 2010 by about 16 percent and establishes rates for 2011-2015. This year's rate is $0.0015 per streamed recording, moving up to $0.0025 in 2015. The CRB rates were $0.0018 for 2009 and $0.0019 for 2010."

      You can look up the CRB and SoundExchange elsewhere (like soundexchange.com).

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    55. Re:What a coincidence by MachDelta · · Score: 4, Interesting

      I know your comment was tongue-in-cheek, but if you've ever watched the documentary The Corporation, they do a very interesting comparison between incorporated business (as a legal "person") and the technical DSM-IV definition of psycopathy, with some disturbing results. I know it's not the most unbiased documentary ever, but it does at least raise some poignant questions about the mental health of these "people" we have created in the name of progress (and... ?? profit!!)

    56. Re:What a coincidence by RobertM1968 · · Score: 1

      The DMCA (section 512f I *think*) covers that, and other sections of it and other copyright law. I am hoping Google pursues such avenues and counter-sues Viacom and puts them in it's place. The penalties for such are pretty severe (well, maybe not for a Viacom or Sony, but large in respect to what we'd think is a large fine or monetary damages award).

    57. Re:What a coincidence by Briden · · Score: 2, Insightful

      your signature is really annoying. deliberately deceptive, making it look like there are more replies and trying to get a click? but where does the link go? to a bit.ly site, which may redirect me to.. who knows where?

      why would you do such a thing?

    58. Re:What a coincidence by Pojut · · Score: 1

      What the fuck are you talking about? Music as far back as I can remember has always been a commercial endeavor. From Bach to Chopin to Miley Cyrus. Pop music isn't new. It's just dumber

      First, to start answering your question, I'm referring to the fact that you don't have to create "pop" music to become financially successful anymore. At this point, all it takes is talent and patience.

      Secondly, to finish answering your question, I'm referring to the fact that one of the side-effects of the Internet (i.e. the ability to connect to everyone) means that someone over in Yugoslavia can hear my music now without the need of a record label or anything else.

    59. Re:What a coincidence by Logical+Zebra · · Score: 1

      You're telling me that limited free distribution of copyrighted work can act as an advertisement for said work? Unpossible!

      --
      I have a bad feeling about this...
    60. Re:What a coincidence by Pojut · · Score: 3, Insightful

      Agreed. I've always enjoyed making music, but I didn't start really trying to make it until recently. What got me into it is that I like a specific type of music (spacey ambient) that isn't easily found. A lot of the stuff I have found has either been released for free or I've found through bluemars.org. I wanted to give something back to the community, so I release my stuff for free. When I finally finish one of the three projects I'm currently working on, I'll make them available for purchase...but they will always still be legally available for free.

      Getting paid for it would be nice, but I'm more concerned with people actually hearing it rather than paying for it...like you, I'm not trying to make a career out of it. I do it simply because I enjoy it.

    61. Re:What a coincidence by digitig · · Score: 1

      Secondly, to finish answering your question, I'm referring to the fact that one of the side-effects of the Internet (i.e. the ability to connect to everyone) means that someone over in Yugoslavia can hear my music now without the need of a record label or anything else.

      And the RIAA will try to claim a fee from them for downloading it.

      --
      Quidnam Latine loqui modo coepi?
    62. Re:What a coincidence by tiksi · · Score: 2, Interesting

      In fact, every study not funded by an RIAA label has demonstrated that music pirates spend more on music than non-pirates.

      Could you cite these studies? I have heard this repeated time and time again, and while I agree with your argument as a whole, I'd like to actually read over one of these studies that people keep referring to.

    63. Re:What a coincidence by sznupi · · Score: 1

      Just to wrap it all up, you should have mentioned how it's not about piracy, it's about losing control & a world which needs labels less and less.

      It's about how Sweden is the only place with sustained physical sales - but labels prefer to ignore this because it's not via "their" music.

      (not a bad write-up about the issue)

      --
      One that hath name thou can not otter
    64. Re:What a coincidence by Monkey-Man2000 · · Score: 1

      I think they should just require implementation of a copy-right bit in the DMCA. First bit of the binary file indicates if it's under copyright by a member of the RIAA? That'll work best for everyone right? **crickets**crickets**

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    65. Re:What a coincidence by Monkey-Man2000 · · Score: 1

      D'oh, I'm still not used to /.'s whacky "new" comment system. My previous post was a response to you, not the gp.

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    66. Re:What a coincidence by stealth_finger · · Score: 1

      I guess they're supposed to keep a record of every copyrighted work (I assume the RIAA only care about 'their own works'), scan every video uploaded and remove anything detected because no one has any business using music, fair use, licensed or not...right?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    67. Re:What a coincidence by bigrockpeltr · · Score: 1

      IF youtube has the technology already then they should copyright it! Then sue the *AA for copyright infringment when they try to do the same.

      --
      $ unzip, strip, touch, finger, grep, mount, fsck, more, yes,fsck,fsck,fsck,umount, sleep
    68. Re:What a coincidence by robot256 · · Score: 4, Informative

      Do you really, really just want to listen to such music? Because you know, you can already. You can go listen to local bands and ask for their demo tapes, and stay away from all the artists that belong to some label working with RIAA.

      Except, you can't. Venues have to pay "preemptive royalties" (mafia protection) so they don't get sued for local artists playing cover songs. They can collect royalties for songs they don't even own. And they have no intention of making sure even their own artists are fairly paid, either.

    69. Re:What a coincidence by psychodelicacy · · Score: 4, Insightful

      Many of the works we consider "great", and part of our cultural heritage, were produced before copyright, and many were also produced without the prospect of payment in the artist's lifetime. Even those who made a living through their work generally earned no more than a modest salary. The "impoverished artist" is a cliche, but it was the norm for a very long time. And yet, these painters, authors, and musicians produced their work because they had talent and drive, and a love of their chosen medium. Now, if you can't be bothered to write a novel because you won't get megabucks for it, then clearly you neither love writing, nor do you feel any particular drive to do it. So why should I care if you never write your novel?

      And, by the way, books were being pirated centuries ago - and probably before that, too. Dublin was a big centre of pirated books in the eighteenth century, for example - and yet somehow the book industry has survived that, as well as the Xerox machine, the scanner, the library, and the good old "here, I've finished this - you have it". This is not a new "problem" - whereas the culture of making obscene incomes from little or no real work is becoming the defining problem of the modern world.

      --
      A closed mouth gathers no foot.
    70. Re:What a coincidence by Gaffod · · Score: 1

      How do you think game companies would continue to make games if everyone pirated them? It wouldn't be possible.

      "Everyone" has been pirating for the past three decades, and the gaming industry is growing anyway. I think you're full of it.

    71. Re:What a coincidence by Jaysyn · · Score: 2, Insightful

      You know, when individuals start to exhibit this kind of behavior we stick them in a padded room somewhere with medication and therapy till the symptoms go away :)

      Not if they have money. Then they are just eccentric until they actually hurt or kill someone else. Phil Spector, anyone?

      --
      There is a war going on for your mind.
    72. Re:What a coincidence by flappinbooger · · Score: 1

      Breaking and Entering Law & modern technology isnt working with my chosen profession of burglar. I could try going to individual houses asking them not to lock doors but ultimately I think the law needs changing so I get special treatment so I can continue to screw people.

      You need more lobbyists. Try that and get back with us, let us know how it's working for you then.

      --
      Flappinbooger isn't my real name
    73. Re:What a coincidence by Anonymous Coward · · Score: 0

      I believe "word-of-mouth" and "showing people how to play the song" was the previous method of copying before all this modern technology. Not exact but good enough

      Then the analogy would be ASCAP not the RIAA. Still assholes, but different assholes.

    74. Re:What a coincidence by oldspewey · · Score: 2, Funny

      as far back as I can remember ... From Bach to Chopin to Miley Cyrus

      Holy shit dude, you're OLD!

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    75. Re:What a coincidence by Red+Flayer · · Score: 1

      Effectively, this is the case. But legally, artists are still free to negotiate directly with internet radio sites, and in the presence of such an agreement, no royalties need to be paid to Sound Exchange for redistribution.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    76. Re:What a coincidence by Anonymous Coward · · Score: 0

      "Money and advertising are no longer difficult hurdles to overcome for a talented independent musician."

      Hahahaha. No, advertising still costs just as much. If you mean having a myspace page, then good luck. Join the millions of other bands no one gives a shit about, and who make zero income from music.

      "I'm extremely happy that most of the real talent comes from a random dude in a basement with a homemade vocal booth, or some chick jamming on a synth in a bedroom."

      You crack me up. :D
      99.9999999999% of the music people listen to did not come from a bedroom studio. People like this myth of the lone genius producing wonderful music and sharing it in the wonderful new internet age. But.. it just doesn't happen. Commercial music takes work, time and money, and the people making nothing from it do not have the incentive or the time to produce the kind of music of the standard the majority want to hear. Pop music is an arms race, everyone trying to out do each other, and compete against 100 years of existing back catalogue of pop music. It's very very hard to do that while managing a 9-5 job or a family at the same time.

      "Being able to get our own emotions and musical inspirations available to the public so easily (and cheaply!) is, in my opinion, one of the greatest side effects of the Internet."
      That's great, but who is listening?
      I could produce a thousand pictures a day, but I would not be an artist. Examine closely the music you like and that your friends like, and see how much was made on zero budget, and does not have any paid advertising or a record company behind it.

    77. Re:What a coincidence by Anonymous Coward · · Score: 0

      ... for thousands of years... yes, before recording devices, mass distribution, etc. existed. I imagine it was a *little* easier to make it as a local musician when the people in your village didn't have access to decades of great music at their fingertips.

    78. Re:What a coincidence by RyuuzakiTetsuya · · Score: 1

      First, to start answering your question, I'm referring to the fact that you don't have to create "pop" music to become financially successful anymore. At this point, all it takes is talent and patience.

      I'd love to believe this canard, but I haven't seen any real evidence that this phenomenon is real.

      --
      Non impediti ratione cogitationus.
    79. Re:What a coincidence by Z00L00K · · Score: 2, Insightful

      If the law doesn't work then it's possible that the law is just wrong from the beginning.

      One contributing factor here is the ability to transfer the copyright to a new owner. That means that the creator may get screwed over as well as people in general loses respect for the copyright since it's one fat corporation that's controlling it.

      And the weird levels of penalties requested/applied for copyright violations compared to many other crimes makes people just ignore them more since it's so over the edge that they can as well go for heavier crimes and come out easier. Sometimes it's a less harsh sentence for dealing drugs than for copyright violations.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    80. Re:What a coincidence by hesiod · · Score: 1

      What you mention exists: Margaret Gould Stewart: How YouTube thinks about copyright (a TED talk).

    81. Re:What a coincidence by Anonymous Coward · · Score: 0

      > if any given piece of content is copyrighted

      Any creative work is automatically copyrighted.

      > or authorized

      ?
      by the censorship bureau or what?

      > Is there an algorithm that can distinguish between an original copyrighted work and a fair-use derivative for audio or video?

      More importantly, is there an algorithm that can find out whether the work has been uploaded by someone who is allowed to do it or by someone that isn't allowed to do it by the creator?

      Maybe we could just put a bit in the header that people set when they upload something that they haven't got permission for distribution by the creator? http://en.wikipedia.org/wiki/Evil_bit ? ;-)

    82. Re:What a coincidence by sznupi · · Score: 1

      At most - sometimes they "exploit" regulation which isn't totally over the top. Yet.

      --
      One that hath name thou can not otter
    83. Re:What a coincidence by kurokame · · Score: 2, Informative

      Right, except that there are physical limits to what you can accomplish when recording in a bedroom. The homemade vocal booth might fare a bit better...if this hypothetical poor musician manages to scrape together the cash for this and for the necessary professional recording and mixing equipment, and has the construction and audio engineering skills. So basically what you're saying is - music for the people, but only where the people are financially well-off home owners with a loads of free time and the ability to independently build and operate a professional recording studio in their basement.

      Yeah, I see why that's totally changed modern music.

    84. Re:What a coincidence by uniquename72 · · Score: 5, Interesting

      As someone with a degree in Music History, I can assure you you're wrong. "Works for hire" are actually fairly rare in the history of music. More often (at least for the past 300 years or so) musicians had a patron who supported them financially so that they could create their art. In this model, the composer isn't selling their work; they are driven to create, and a rich patron who appreciates that work has made it easier by supporting them. There is no modern equivalent in pop music.

      In Bach's case, he was just a craftsman who was hired to practice his craft by the church (among others). But he vastly surpassed what he was actually remunerated for. Chopin also often wrote music without expectation of remuneration.

      So it's a vast simplification to call music throughout history a "commercial endeavor". Historically, it's been an artistic endeavor that is occasionally profitable, or a craft no different than glass-blowing or shoe-fixing. A job, yes. But one with very little in common with today's "job." Certainly the idea of becoming wealthy for an hour's worth of music that's basically aping what everyone else is doing would never have occurred to any composer you can name.

    85. Re:What a coincidence by cayenne8 · · Score: 1
      "I'm extremely happy that most of the real talent comes from a random dude in a basement with a homemade vocal booth, or some chick jamming on a synth in a bedroom. Being able to get our own emotions and musical inspirations available to the public so easily (and cheaply!) is, in my opinion, one of the greatest side effects of the Internet."

      The only real downside is....finding these talented musicians.

      At least...for those of us with real jobs, where you can't generally stream music while at work (security and bandwidth concens), and certainly can't spend the day searching for content.

      At the end of the day...sure, I guess some time could be used, but many of us have family obligations, etc.

      If you have time to spend searching and downloading and listening to it all to cull out the crap...sure you can find good new music.

      But, it sure used to be easier in my day...just turn on the radio while driving about....or even at work. But, alas...they killed that long ago too...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    86. Re:What a coincidence by Pojut · · Score: 3, Insightful

      Hahahaha. No, advertising still costs just as much. If you mean having a myspace page, then good luck. Join the millions of other bands no one gives a shit about, and who make zero income from music.

      There are methods other than just myspace, you know...and many of them are relatively inexpensive. For example, submitting your music to podcasts is a GREAT way to get exposure. True, you won't get the same kind of exposure as you would with a big record label putting your ads up in a Best Buy, but you also get to own your music...and it's free. There are other methods as well. Flyers, message boards, passing out burned CDs at concerts. It takes more work, but there are other avenues besides record labels.

      99.9999999999% of the music people listen to did not come from a bedroom studio. People like this myth of the lone genius producing wonderful music and sharing it in the wonderful new internet age. But.. it just doesn't happen.

      That's funny, because that's what I do. I will be the first to admit that the kind of music I make isn't for everyone...it's a very small niche. But that's exactly why I do it...it's a small niche. I want more people to discover it, and that can't happen without more of it being available. My contribution to the ambient and drone scenes may be small...but it's still a contribution.

      Commercial music takes work, time and money, and the people making nothing from it do not have the incentive or the time to produce the kind of music of the standard the majority want to hear. Pop music is an arms race, everyone trying to out do each other, and compete against 100 years of existing back catalogue of pop music. It's very very hard to do that while managing a 9-5 job or a family at the same time.

      Those people you refer to at the beginning of your quote aren't the kind of listeners I'm talking about though. Commercial music doesn't make itself, this is true...but it's mostly recycled crap.

      That's great, but who is listening?

      Again, I don't do music professionally...I release it for free, and expect to make zero money out of it. I do it because I love it. If even just a single person hears it and enjoys it, that's good enough for me.

      I could produce a thousand pictures a day, but I would not be an artist.

      That depends on your definition of art.

      Examine closely the music you like and that your friends like, and see how much was made on zero budget, and does not have any paid advertising or a record company behind it.

      The vast majority of the music I listen to is made by either unsigned people making music literally out of their bedrooms or home studios (ambient, chiptunes, etc)...or, it has small labels behind it (dubstep, death metal/black metal, etc.)

      My wife, on the other hand...can't really say the same for her :-) She's a mix between bands that everyone has heard of, and bands almost no one has heard of.

    87. Re:What a coincidence by Pojut · · Score: 1

      You are assuming that all types of music require a vocal booth and other such things. You would be amazed what someone can create using nothing more than a MIDI controller and some decent software. Again, though...it depends on the kind of music they are creating.

    88. Re:What a coincidence by Anonymous Coward · · Score: 0

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.
      I think your theory needs a little more work since it would imply that such a situation couldn't ever have existed.

      Hey and slavery existed for thousands of years. Slaves were fed and housed. What more do workers need? What most seem to argue is a return to the patron system just so they don't have to pay for their entertainment. Notice that for the first roughly 100 years of our current system no one really complained? It was only after file sharing and the web gave people an easy way to share material with their million closest friends that people decided they didn't want to pay for things they want. Call it flamebait but it's also true.

    89. Re:What a coincidence by Anonymous Coward · · Score: 1, Insightful

      You're confusing musicians with entertainers, one sings and sells music, the other sells an image, and sometimes passable music. RIAA supports entertainers not musicians, so don't worry about the future too much.

    90. Re:What a coincidence by Americano · · Score: 1

      Distribute =/= create.

    91. Re:What a coincidence by xenapan · · Score: 1

      *opens up file in hex editor, changes flag from 0 to 1, uploads to youTube*

      --
      insert funny sig here
    92. Re:What a coincidence by Peeteriz · · Score: 1

      Charge the involved officials personally with contempt of court or perjury.
      I mean, if I sue you for stealing a pet rock which I myself have put in your house, I would be held liable; and if they claim that breaking copyright should be compared to stealing, then this is just as applicable here.

    93. Re:What a coincidence by phoenixwade · · Score: 1

      What the fuck are you talking about? Music as far back as I can remember has always been a commercial endeavor. From Bach to Chopin to Miley Cyrus. Pop music isn't new. It's just dumber

      You remember Bach and Chopin?

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    94. Re:What a coincidence by mfnickster · · Score: 1

      I've always been curious as to exactly how the copyright holders expect the content providers to determine if any given piece of content is copyrighted or authorized. Is there an algorithm that can distinguish between an original copyrighted work and a fair-use derivative for audio or video?

      It's pretty simple by the letter of the law - the person or persons making the copy bear the responsibility of verifying that they have the right to make that copy.

      It gets hazy in a digital world where a site like YouTube can provide an unattended mechanism that allows users to upload material that they may or may not hold copyright on.

      Am I making the copy when I hit "upload" or is YouTube making the copy when they accept the data and store it on their servers? Are users making copies when they download, or is the server making a copy when transmitting it?

      --
      "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
    95. Re:What a coincidence by Delarth799 · · Score: 1

      What you didn't know? All content providers have a magic wand they keep locked in an underground vault that they can take out and using the magic words and a flick of the wrists can instantly reveal and remove all infringing content from their website. They just choose not to use it because right now it powers an infinite chocolate fountain in the lobby :D

    96. Re:What a coincidence by Anonymous Coward · · Score: 0

      Being able to get our own emotions and musical inspirations available to the public so easily (and cheaply!) is, in my opinion, one of the greatest side effects of the Internet.

      It's also the biggest threat to the cartels, and why they need legislation to shut it down so only those who they authorize are allowed to upload anything.

    97. Re:What a coincidence by jbolden · · Score: 1

      Actually its not so much creating quality content that takes money as selling it. What's expensive is getting people to buy a $15 album the actual cost of recording one is not so high. Which means there might be room for alternative models.

    98. Re:What a coincidence by sznupi · · Score: 4, Insightful

      It doesn't even matter in the way you seem to imagine it, anyway - fact is, music is being taken away from the control of big labels (the fight is really about this one). That most of new, often great indies won't make it "big" enough for music to be their only source of income...so what?

      Being a typist often used to be a decent position in the times of typewriters - and now look at us, typing away without much thought. Should we allow for obsolescence to be heavily legislated?

      --
      One that hath name thou can not otter
    99. Re:What a coincidence by Fulcrum+of+Evil · · Score: 1

      so he's clearly delusional. Why listen to him in that case?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    100. Re:What a coincidence by sznupi · · Score: 1

      Music is an important activity for people since prehistoric times, with very large portion of populations often doing it to some degree. It was a side actibity. Very few who "made it big" in slightly distant past certainly weren't expecting and in fact didn't have the types of benefits typical today for few big acts from big labels.

      --
      One that hath name thou can not otter
    101. Re:What a coincidence by wygit · · Score: 1

      You owe me a new keyboard.

      I love your sig.

    102. Re:What a coincidence by xenapan · · Score: 1

      More likely they will modify hover drones to play music in public places and take photos of those in earshot and send bills via facial recognition software for the music you just heard.

      As for indi music, I just have thesixtyone.com on at work. Some of the stuff is quite amazing.

      --
      insert funny sig here
    103. Re:What a coincidence by xenapan · · Score: 0, Offtopic

      you deserve the -1 offtopic though.

      --
      insert funny sig here
    104. Re:What a coincidence by jbolden · · Score: 1

      This is further along in the book industry that it is in the music industry. People aren't quite sure they don't need publishers. The book industry is moving rapidly towards the 18th century novels, where novels were self indulgent books written by rich people who could afford to love money rather than the best writers. Democratization is creating a hierarchy where power is divesting to writers and hence writers' economic power is having a substantial influence on what gets published.

    105. Re:What a coincidence by xenapan · · Score: 1

      I believe back then you were either a street performer or for hire... and the local king/chief/etc would decide to pay you or give you steel... between the head and shoulders. I wouldnt call that easier. Its not like they had concert organizers to book, organize concerts even if they had amphitheaters.

      At least nowadays being a musician means you can get your music out to people without it being a day job. Harnessing electricity, recording and all that.

      --
      insert funny sig here
    106. Re:What a coincidence by Anonymous Coward · · Score: 0

      Idiot.

    107. Re:What a coincidence by PunditGuy · · Score: 2, Interesting

      Didn't David Gray record White Ladder in his bathroom or something?

    108. Re:What a coincidence by veganboyjosh · · Score: 1

      There might not be a pop music equivalent, but there are several donation based record labels floating around. These are the ones I can think of off the top of my head, so they're skewed towards the music I listen to most, but I'm positive there are others doing other genres.

      I would say they're a pretty close comparison to the patron you mentioned as supporting the artist. The bands are going to continue doing their thing, and putting music out for free, unless people donate, in which case the band actually gets paid something.

    109. Re:What a coincidence by zotz · · Score: 1

      they need to develop and then provide the code to a program which the others can compile and test. it should identify works to which they hold copyright while not claiming works to which others hold copyright and without any mistakes either.

      go for it.

      meanwhile: http://zotzbro.blogspot.com/2007/04/some-thoughts-on-copyright-offensive.html

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    110. Re:What a coincidence by Anonymous Coward · · Score: 0

      Hmmm. I guess my assumption was that we were discussing commercial music, and making a living from it. That is what I do, so I suppose my judgement is somewhat biased.

      "It takes more work, but there are other avenues besides record labels."

      I think that it is enough work that it is worth paying someone (like a record company) to do it for you. Other things involved include doing the accounts, keeping and maintaining industry contacts, all the way down to buying paper and other stationary. The record companies are perfectly capable of using these same internet resources too. (And often do without letting people know who is behind it!)

      "That's funny, because that's what I do [www.last.fm]. I will be the first to admit that the kind of music I make isn't for everyone...it's a very small niche. But that's exactly why I do it...it's a small niche."

      I liked your music, even though ambient/electronic kind of stuff is not normally to my taste. There is movement and arrangement to it that stopped the more soundscapey stuff from becoming just wallpaper.

      "I want more people to discover it, and that can't happen without more of it being available. My contribution to the ambient and drone scenes may be small...but it's still a contribution."

      Why do you want more people to discover it?

      If you had the time, money and inspiration, do you think you could create songs that would effectively communicate your joy and understanding about this kind of music? Is there such thing as a great piece of music in this somewhat abstract genre that would touch many people?

      (Not rhetorical questions, I am interested.)

      "The vast majority of the music I listen to is made by either unsigned people making music literally out of their bedrooms or home studios (ambient, chiptunes, etc)...or, it has small labels behind it (dubstep, death metal/black metal, etc.)"

      Damm. I picked the wrong person to rant at today. :D

    111. Re:What a coincidence by hairyfeet · · Score: 3, Insightful

      Actually poor old Phil is just in jail because he didn't have enough money. Just look at that heir to the DuPont fortune that was found with a guy's head in his closet and still managed to get off. I think he is up to three or four dead now (it is believed he killed his ex wives as well) and is still walking scott free. Once you get up to a certain dollar amount it pretty much doesn't matter what you do, thanks to superlawyers.

      As for TFA, while I don't download their shit for anybody that wants it I say go right ahead. Why? Because they have robbed us of our public domain, that's why! The whole point of copyright was a contract between the holder and the People nothing more. In return for a limited copyright We, The People got a richer public domain. Now? Hell even Steamboat Willie is still under copyright and the man has been dead, what? 50 years now?

      Frankly I believe this is one of the reason why the US will end up a backwater. You can't get shit done in the US anymore thanks to the giant minefields of patents and copyrights anymore, and we tech guys now nearly all new things are built upon ideas of old, but now our entire culture is locked up behind paywalls. Countries like India and China will end up being the next great leaders, since you can actually do things there without an army of lawyers, while here in the USA everybody just sues everybody. But it never ceases to amaze me how truly disgusting and greedy the *.A.As are. Really, 150 YEAR copyrights aren't enough for you people? Ripping off the artist AND the consumer and you STILL whine about lack of profits? Disgusting pigs, the whole damned lot.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    112. Re:What a coincidence by Anonymous Coward · · Score: 0

      how exactly are music and movie companies screwing you?
      they invest millions of their own money in entertainment products which are optional luxuries.
      As a slashdot self-righteous prick, you will steal it all anyway. Your petty and ignorant sense of injustice is frankly insulting.
      fucking grow up.

    113. Re:What a coincidence by Anonymous Coward · · Score: 0

      Just so you know you can beat the fingerprinting system on youtube by streching the audio so its maby a second or two longer or shorter than the original version. To the human ear you can't tell the diffrence but it stops the system flaging it.

      Just thought i'ed let you know the unoffical solution to the flagging problem :)

    114. Re:What a coincidence by camperdave · · Score: 1

      Is there an algorithm that can distinguish between an original copyrighted work and a fair-use derivative for audio or video?

      Of course not, because bits have no color.

      --
      When our name is on the back of your car, we're behind you all the way!
    115. Re:What a coincidence by TheVelvetFlamebait · · Score: 1

      You're absolutely correct.

      Copyright is an issue that needs to work itself out. We have an abundance people here on slashdot who are very eager to tell you that they know what's best for culture. That just because a few musicians toured their local regions before copyright, if we ignore copyright, we will somehow get a rich culture, comparable to what we have now. I simply cannot fathom why people are lusting over the good old days of yore, when there were no recordings to pirate (or why they use them as an excuse to pirate), but they are and they do.

      All you can reasonably guarantee, if we get rid of copyright, is that all the people who do not produce for profit, will continue to produce. Other than that, you are guaranteed nothing. It is more than likely that commercial artists will stop distributing in any significant volume, and get a job to support their means. We will be, in all likelihood, stuck with the same choices for free music post copyright that we have now.

      So, if anyone here wish to experience the post-copyright utopia, I suggest you go looking for it, because it's here. Today. Our wandering minstrels, who tour for a living, are playing at your local pub on friday night. All those eager amateurs, making their recordings in their basements, are still trying to find leeches for their torrents. The system for word of mouth promotion is already in place. Everything you want/predicted is already here, and all it needs is for you to become a part of it. So, with that in mind, I politely suggest you go enjoy your utopia, and stay the fuck out of mine!

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    116. Re:What a coincidence by TheVelvetFlamebait · · Score: 1

      Many of the works we consider "great", and part of our cultural heritage, were produced before copyright, and many were also produced without the prospect of payment in the artist's lifetime.

      Like what? Most great composers worked for commission from wealthy people who hoard culture at the expense of the common man. Even then, it took until copyright before recordings were distributed to the general public.

      Culture being hoarded by the uber-wealthy? That sounds familiar somehow.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    117. Re:What a coincidence by lahvak · · Score: 1

      You make it sound like it is general public that is doing the complaining. In fact, if you read the article, it is clearly the recording industry complaining, and as far as I can tell, they have been complaining and whining pretty much the whole time copyright existed. They complained about libraries, second hand bookstores, second hand music stores, tapes, cassettes, sheet music, they whine every time Micky Mouse copyright is about to expire, they fussed about fair use, etc. I personally am getting quite fed up with it, and I don't see any reason why should my tax money, my representatives precious time and bunch of other resources were used in order to prop up their outdated business model. Not to speak about the fact that if they get what they want, it will most likely mean higher Internet prices, higher technology prices, and stupid DRM annoyances everywhere you look.

      --
      AccountKiller
    118. Re:What a coincidence by Necreia · · Score: 1

      How is the OP insightful? Content copying has never been anything like today, in either scale or accuracy.
       
      There's simply no comparison between the triviality of copying&distribution of media with pre- and post- internet era. Millions of people can download an unauthorized song, movie, video game (etc) within the first 24 hours of release and suffer a zero quality loss. In very old times, there was simply no method to create exact replications-- and until [relative] recently, there has not been a distribution method anything like the internet.

      ... Now, if you can't be bothered to write a novel because you won't get megabucks for it, then clearly you neither love writing, nor do you feel any particular drive to do it. So why should I care if you never write your novel?

      While there may be a few people who are demanding millions for their independently generated music, artists themselves are generally looking for enough money to pay for their life + support a family. Just because someone doesn't write their novel because they have to get a job to feed their child does not mean they don't have passion. This whole thinking of "Everything of passion should be for free" is absurd when survival in any modern civilization requires a job that pays the bills.

      And no, the current top-50 RIAA propped artists are not a true reflection of creative people in the world.

    119. Re:What a coincidence by TheVelvetFlamebait · · Score: 1

      Copyright law is only benefitting publishers now, not the musicians/developers/artists/authors it was originally intended for.

      Do you even understand the distinction between big labels and copyright law? All I see above is a rant against big labels, wrapped up with a conclusion that has seemingly nothing to do with the statements preceding it. These small labels that you're talking about, more often than not, use copyright to sell their records. They can't afford to do any differently.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    120. Re:What a coincidence by ScrewMaster · · Score: 1

      so he's clearly delusional. Why listen to him in that case?

      Well ... crazy people often have a certain entertainment value.

      --
      The higher the technology, the sharper that two-edged sword.
    121. Re:What a coincidence by Kymermosst · · Score: 1

      I could produce a thousand pictures a day, but I would not be an artist.

      Why not?

      Art has always been defined by the creating artist, hasn't it?

      After all someone says the piles of welded metal that the transit district installs as part of public "art" are art, right? Because it sure as hell looks like a reject from a scrapyard, not art, to me.

      So who decides what is art and what is not? You? The NEA? Me?

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    122. Re:What a coincidence by ScrewMaster · · Score: 1

      More likely they will modify hover drones to play music in public places and take photos of those in earshot and send bills via facial recognition software for the music you just heard.

      The things will need some serious armor, I can tell you that. One bill, one drone. Two bills, two drones. You get the idea.

      --
      The higher the technology, the sharper that two-edged sword.
    123. Re:What a coincidence by Monkeedude1212 · · Score: 1

      These small labels I'm talking about aren't abusing copyright laws and saying that it isn't working and trying to get it applied to Youtube.

      So you are correct, I'm not slamming copyright laws, I'm slamming those who want to change copyright laws to make them worse.

    124. Re:What a coincidence by HermMunster · · Score: 3, Insightful

      Amid the furor of increasing crime rates the National Association of Police Chiefs declared that the home owners and citizens were not doing enough to deter crime on their own. The association members concurred that citizens should be wielding tools that allow police authorities to monitor their behavior and the behavior of those around them including voluntarily installing equipment in their homes and vehicles that would allow police authorities to monitor and deter crime in whatever way was possible. The Police Chief's association declared that they would not be able to deter crime at the current rates because they couldn't possibly know where all the crime was occurring and when, nor to the degree it would break the law. As a consequence the Police Chief's Association asked that new laws be passed that would require citizens to become participants in monitoring and reporting crimes. Otherwise crime would continue, other citizens would continue to loose money, their health, and risk their safety. /s

      --
      You can lead a man with reason but you can't make him think.
    125. Re:What a coincidence by Anonymous Coward · · Score: 0

      Agreed. I write a lot. Had two pieces published in Dragon Magazine and one in the defunct Shadis. I still write, just don't submit anymore. Between job and family, I don't have the time to devote to developing the full array of talents and skills needed to be a successful artist, nor the desire. And my writing satisfies my number one critic and reviewer. Me.

    126. Re:What a coincidence by ScrewMaster · · Score: 1

      Online mediums have essentially ruined the need for physical mediums

      Yes, and online development processes have essentially eliminated the need for team members to even be in the same country, at least for project types that are amenable to distributed development.

      --
      The higher the technology, the sharper that two-edged sword.
    127. Re:What a coincidence by ScrewMaster · · Score: 1

      Oh, but you actually want to because you think they're good.

      No, because they're free and readily available. Next question.

      --
      The higher the technology, the sharper that two-edged sword.
    128. Re:What a coincidence by ScrewMaster · · Score: 1

      I think the meerling was saying that the artists "working with the RIAA" seem to be doing ok.

      Yes, but by and large they're not. Well, if they are it's not because they're making much from their RIAA member contracts. It's because they tour and sell merchandise, and do anything else they can to bring in money while their record label milks their work for all its worth and returns as little as possible. That's the game, and it was the only one in town for a long, long time. But not now, not anymore..

      --
      The higher the technology, the sharper that two-edged sword.
    129. Re:What a coincidence by Anonymous Coward · · Score: 0

      The person who buys the record decides that it is art. Or at least desirable. This simplifies the problem of aesthetics wonderfully.

    130. Re:What a coincidence by fishbowl · · Score: 1

      >Right, except that there are physical limits to what you can accomplish when recording in a bedroom.

      Mostly related to the size and composition of the room itself. Those lucky enough to live, say, in an old church building or something similar with large spaces and richly complex reflections, have something that is beyond the economic reach of some studios.

      A basement is usually an extremely poor choice for your studio build, by the way. They tend not to have high ceilings, and tend to be quite rectangular. Also, they often aren't as quiet as you'd think, with outside noise, or with transmitting noise outside the room.

      --
      -fb Everything not expressly forbidden is now mandatory.
    131. Re:What a coincidence by Pojut · · Score: 2, Interesting

      I think that it is enough work that it is worth paying someone (like a record company) to do it for you. Other things involved include doing the accounts, keeping and maintaining industry contacts, all the way down to buying paper and other stationary. The record companies are perfectly capable of using these same internet resources too. (And often do without letting people know who is behind it!)

      I agree! The guy that lives on the first floor of our apartment complex is a very successful local musician...he makes a lot of his living off his music, even though he hasn't gone big-time yet (he will though...his stuff is too good to be ignored for much longer. Not my kind of music, but it's really well done, especially considering what he has to work with from an equipment perspective.) His room mate basically takes care of the business stuff, so he is free to do the music thing.

      I liked your music, even though ambient/electronic kind of stuff is not normally to my taste. There is movement and arrangement to it that stopped the more soundscapey stuff from becoming just wallpaper.

      Thank you :-) That really does mean a lot to me. I do it just as a hobby, but having people enjoy it is one hell of a bonus!

      Why do you want more people to discover it?

      Mainly because I want people to listen to music differently. There are always at least 6-8 layers in all of my songs, and I want people to begin listening to music as individual sounds melded together to create a single experience, rather than just a "song".

      If you had the time, money and inspiration, do you think you could create songs that would effectively communicate your joy and understanding about this kind of music?

      Inspiration is everywhere for me...from pictures taken by the Hubble to the way it feels when you are halfway between sleeping and awake, I try to take inspiration from anything that evokes a response in me. When I layer together different responses (emotional, physical, and spiritual) from different experiences in my day to day life, out pops my music.

      That being said, if more people would slow down and actually listen to music rather than just hear it, then they could pick any of my tracks and be able to feel what I feel. They're all an exploration of how multiple sounds (experiences) are completely different...yet, when put together, they create an entirely new sound (experience) that didn't exist before. ::pause:: I guess kinda like finding your soul mate, in a way. You're both still separate and unique, yet combined you create something that didn't previously exist.

    132. Re:What a coincidence by thomst · · Score: 1

      somehow the book industry has survived that, as well as the Xerox machine, the scanner, the library, and the good old "here, I've finished this - you have it". This is not a new "problem" - whereas the culture of making obscene incomes from little or no real work is becoming the defining problem of the modern world.

      Like so many apologists for piracy, you deliberately conflate middlemen with artists, so as to pretend the targets of your scorn all equally "deserve" being ripped off.

      The fact is that middlemen ripping off artists does not justify you (and others like you) also ripping off those same artists.

      The artists themselves don't fit your "making obscene incomes from little or no real work" straw man. It takes years of sustained effort simply to become a competent instrumentalist or singer. To learn to use the recording studio as a tool (much less an instrument in and of itself) requires still more time and effort. Learning to write and arrange music is yet another non-trivial skills development process - and time sink. And all those things, plus purchasing studio time (or building your own, plus purchasing all the hardware - mics, preamps, effects, computers, synths, amps, etc. - you'll need), have to happen before an artist is in a position to record any complex or ambitious work. That, in turn, takes still more time and effort. When you pirate that work, you deny that artist just compensation for his or her investment in creating that work, regardless of whether his record company is also ripping him off.

      And spare me the "give the work away and make money from touring" because "the marketplace is changing and artists have to change with it" claptrap in an attempt to justify your theft. If you're going to pirate artworks, at least have the balls to take responsibility for your own ethical decision. You're a thief. You chose not to pay for the music you steal because you don't want to pay for it, not because of your high ethical standards - because, buddy, if you steal music, you don't have high ethical standards. Deal with it.

      NOTE: None of the above is directed at folks who download music to "try before you buy." If you delete every song that you don't own a legitimately-purchased or licensed copy of (or subsequently buy a copy of), then you're not a thief. Otoh, if you merely say you download music to see if it's worth buying, but you never bother to delete the gigabytes of stuff you have not purchased (and will not purchase) legitimately, then you are, in fact, a thief.

      If you dislike my message of personal responsibility, feel free to mod me down. It won't change the facts in the slightest.

      --
      Check out my novel.
    133. Re:What a coincidence by Anonymous Coward · · Score: 0

      Dumbass, he was trying to give a stupid idea to the RIAA. And now you've ruined it.

    134. Re:What a coincidence by speroni · · Score: 1

      Musicians have thrived for thousands of years, but its only been a little over a hundred that any type of recordings were widely available.

      Less so for widely broadcast radio music.

      And really its only been a few decades since people were able to start copying and sharing music. (Gotta love mixed tapes)

      When did Napster and the internet become relevant? 2000 ish?

      Previous to 1950 special DRM wasn't needed, people weren't stamping their own LPs. Previous to 1900, if you wanted to hear music, you were listening to live human beings.

      --
      Eschew Obfuscation
    135. Re:What a coincidence by Arcady13 · · Score: 1

      People still leave signatures on? I turned them off years ago. I forgot you could even have a signature here.

    136. Re:What a coincidence by Falconhell · · Score: 1

      So you think the current output of RIAA members is good do you?

      I see.

      Says a lot about your music tastes.

    137. Re:What a coincidence by Kjella · · Score: 1

      The problem is that they are so out of touch with reality they think these are good ideas.

      I think the correct diagnosis is "How much bullshit would you spout if your paycheck depended on it?" and for most people it's a lot. Just listen to what people here want, they want to kill the gravy train the RIAA is on so no wonder they think it's a bad idea. About 99% of the suggestions aren't the RIAA changing their business model, it's the artists changing their business model and the RIAA going away forever. Don't expect people who'll be fired when the project is done to help you much with it, nor the RIAA to assist in their own demise.

      They are right in that copyright law is broken and so is the DMCA. But that's not the reason they're failing, it's because most people don't respect the law. Most laws only function because most people don't want to break them, particularly those that don't require an unwilling participant. All it takes to share copyrighted materials is two willing peers. They're so not going to get rid of that.

      --
      Live today, because you never know what tomorrow brings
    138. Re:What a coincidence by carrier+lost · · Score: 1
      ...some chick jamming on a synth in a bedroom.

      Cyber-kinky.

    139. Re:What a coincidence by Anonymous Coward · · Score: 0

      Money and advertising are no longer difficult hurdles to overcome for a talented independent musician.

      Ah, you can always tell who the non-musicians are ... :)

    140. Re:What a coincidence by carrier+lost · · Score: 1

      ...people making nothing from it do not have the incentive or the time to produce the kind of music of the standard the majority want to hear.

      Awww. No more Britny or Manufactured Boy Bands?

      The world is truly going to suffer.

    141. Re:What a coincidence by HermMunster · · Score: 1

      You don't know your history. Books weren't the only printed material that was copied illegally centuries ago. And the impact was as great relative to today. Today, most people collect and rarely benefit from what they copy. How can you listen to 60,000 songs? You can't. So, you collect and hope to listen to some. The point is that it is just gluttony today with no real impact in either loss to the author/artist nor gain to the glutton.

      --
      You can lead a man with reason but you can't make him think.
    142. Re:What a coincidence by sznupi · · Score: 1

      I would have guessed that for somebody on Slashdot the idea of automating tasks with...hold it...computers wouldn't be alien. Oh well...

      (or with other people for that matter, which /. also does - you don't have to search the info you get from it, you don't have to formulate all the insight yourself)

      Start with Last.fm. One day a month of sorting through recommendations / tags will be plenty. Or Jamendo; its community also does things for you.

      --
      One that hath name thou can not otter
    143. Re:What a coincidence by eulernet · · Score: 1

      I'm extremely happy that most of the real talent comes from a random dude in a basement with a homemade vocal booth

      And this is why the music companies fail:
      they try to control everything

      30 years ago, it was possible, because music was broadcast on radio and television, and there were not a lot of ways to listen to free music.

      Now, we have probably 20 times more TV channels, and Internet is here, providing 10^6 more ways to listen to music.
      RIAA still struggles to keep everything locked, but it's not possible anymore.
      If they want to control music, they should pay all the new media for their collaboration, instead of fighting them.

      Also, asking nicely to Youtube and Rapidshare to regulate music hosting is stupid, since it will cost a lot of money to these companies to monitor, identify and remove the offending files, and these companies have everything to lose in this. They could lose their fragile market-share by doing that. Their concurrents will be more than happy to take their place. Just about file hosting, I can give you a list of more than 20 providers better than rapidshare.

    144. Re:What a coincidence by Anonymous Coward · · Score: 0

      Happy Birth..AAARGH.

      On an unrelated note, what makes you think they'll stop there? What makes you think they'll give people any chance of escaping their grasp? What makes you think they'll ever stop on the road to absolute dictatorship?

    145. Re:What a coincidence by Anonymous Coward · · Score: 0

      The fact is, if your "making a living" requires everyone in the world to stop communicating except when allowed to by central police control, you are in the wrong, and it's up to you to find a different living.

      Fanaticism in defense of liberty is a virtue.

    146. Re:What a coincidence by HermMunster · · Score: 1

      The cart horse horse cart conundrum plays in your post. For instance, the costs of studio time wouldn't be so great if the superstar artists weren't getting paid so much. And there are significantly more failures than there are successes; studio time costs cause the failure (failed album or even band) as much as the successful ones demonstrates that the costs drive the loss, rather than "loss due to success having the rug pulled out from under it via pirating". Let me rephrase. The costs of the studio time and the post processing time creates the greatest loss, for if it was reasonable it wouldn't cost so much. Not every band that uses studio time and post processing time should be charged at the rate that the superstar gets charged--and maybe they don't but they are close and the RIAA would love to make that happen. Very few artists that win these million dollar contracts actually see any of that million dollars--it all goes to studio time and post processing--and, if they are lucky, to costs associated with marketing and distribution.

      Most people don't learn to become song writers or singers or band members. They become them because they are already talented. This isn't an education system where they are paying their $70,000 for their college tuition.

      The loss of income to artists are generally much lower than are reported. This has been shown time and again to be exaggerated in order to influence law makers to lean one way. Many studies and federal government reports clearly show that these numbers have been exaggerated.

      It has also been shown time and again that those people that pirate music tend to purchase more than those people that don't.

      Copyright infringement in music today is a matter of gluttony. If someone downloads 60,000 songs over 10 years they have no possibility of gaining the benefit of those 60,000 songs--only a small percentage of them would even be appealing. The artists/RIAA have no real loss because they didn't loose a physical thing, and the space is wasted being nothing but bits set on the HDD for the most part. The only real benefactor are the hard drive manufacturers. They don't gain that much either as 60,000 songs can sit on a relatively small HDD.

      The problem with the RIAA today is that they spend way to much fucking time bitching about what's happening rather than going out and making money off what they already have while figuring out new business models that don't continually get driven by their old models.

      --
      You can lead a man with reason but you can't make him think.
    147. Re:What a coincidence by HermMunster · · Score: 1

      Very few, but the super successful make any money from their recording contracts, and even then some artists may sell millions of CDs and still owe the RIAA. Look into their accounting practices and hear the complaints of the vocal bands that are disgruntled at how they are cheated by the RIAA. None of the money made collecting settlements from alleged infringers went to artists.

      --
      You can lead a man with reason but you can't make him think.
    148. Re:What a coincidence by Anonymous Coward · · Score: 1, Funny

      Mass multiplayer online DRM? That doesn't sound like a fun game.

    149. Re:What a coincidence by flyneye · · Score: 2, Insightful

      They can huff and puff , but they can blow me if they think their industry isn't obsolete.
      Times have changed. The internet has facilitated a million spouts for the pent up energy of music. It has leveled the playing field for every musician to get some fame or at least an audience. By giving away music you increase your fame and consequently the gigs you play for money increases your revenues. By continuing to egg on the industry to survive only causes aggravation. Just let it die. A new era of music is upon us. Just quit paying for music and you will never have a self appointed authority telling you what's good, popular and "cutting edge" when the criteria for talent is more marketability and trend than actual musical accomplishment.
              HEY! What about all the poor bastards in the industry who won't have jobs?
      "Well, Danny, the world needs ditchdiggers too" - Ted Knight as Judge Smales in Caddyshack
      Who cares what becomes of our antagonists and those who approve of them? I welcome the new order.
      Let the Artist in the driver seat.
                I'm so tired of hearing from the RIAA. I bet the Judiciary is too. Everyone is tired of this copyright crap. I'm surprised this didnt' bust when Sen. Bono extended copyright with a walletfull of Mickey Money.(insert ski accident joke here)
      Guess the founding fathers were right to keep copy at around 4 years. If you need any more than that, well, bullshit, what have you done for us today? Get another idea or get out of the way.
                Let them try to get their penny ante royalty. I want money for the air they breath since at one point it came out my butt. Therefore it is a personal product of mine and I want money.

                O.K. rant off, I feel better, how bout you? Smoke?

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    150. Re:What a coincidence by HermMunster · · Score: 1

      I don't agree that that's what's being said by people here on /.

      What I believe will happen is that rather than having a mafia-like organization (or rather a cartel) you'll have successful artists making the albums using technology that's readily available that surpasses what the music industry had available in the 70s, 80s, and even 90s. And, we'll see the distribution channel change making distribution easier. On top of that, artists won't rely solely on their music, but rather some other finite goods provided in conjunction with the infinite (music).

      Again, let's stop embracing the old outdated model and make these artists some money using the newer models that guarantee the artists get compensated. These artists will then be able to hold onto their own intellectual property instead of signing it all over to a third party that can and will leverage it against them.

      --
      You can lead a man with reason but you can't make him think.
    151. Re:What a coincidence by Anonymous Coward · · Score: 0

      I don't think they truly care about copyright infringement, it's just the justification that they can use to pursue what they really want. It's debatable whether infringement actually costs them money, for all the reasons constantly mentioned on this site whenever the subject is discussed.

      But what I believe they truly want is to maintain their hold on the distribution channel and determining which acts become popular. Anything they can do to disrupt artists who attempt to become popular without going through a major label furthers this goal. The more they can make it difficult for people to post their own music on YouTube and other distributors, the more people will choose to buy the things they see on TV and the more traditional and controlled mediums.

      Infringement is the convenient tool towards suppression of non-label music creators. But they are the true threat, not those illegally copying music.

    152. Re:What a coincidence by Thinboy00 · · Score: 1

      http://magnatune.com/

      Website looks like shit, but they pay their artists 50 of gross income, or so they claim. They also have no DRM, and are doing something with CreativeCommons, although I suspect they haven't fully groked the implications of that.

      --
      $ make available
    153. Re:What a coincidence by Thinboy00 · · Score: 1

      they pay their artists 50 of gross income,...

      gah, meant 50%

      --
      $ make available
    154. Re:What a coincidence by siloko · · Score: 1

      . . .that someone over in Yugoslavia can hear my music now . . .

      slightly off-topic but there's been no such thing as Yugoslavia since about 1995 and probably before (the Balkan wars of that period make an exact date for the breakup of the Yugoslav Republic difficult).

    155. Re:What a coincidence by ScrewMaster · · Score: 1

      None of the money made collecting settlements from alleged infringers went to artists.

      Nor was it ever intended to, just as the blank-CD levy instituted by the Audio Home Recording Act never went to the artists. It's interesting how having influence on Capitol Hill allows an amazing variety of racketeering and other criminal activities to go on unchallenged indefinitely.

      --
      The higher the technology, the sharper that two-edged sword.
    156. Re:What a coincidence by suomynonAyletamitlU · · Score: 1

      What if it was intentionally uploaded by the copyright holders themselves, or by those they authorized to do so?

      ...Quote:

      In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.

      Then they should be brought before the justice system on a some charge that could be anywhere between negligence and outright fraud, not merely once with a penalty, but continuously until they stop their practices.

      The question isn't "How do we stop the RIAA, etc?" The question is, "What do we have to do to get the government, and in particular the justice system, to do its job even over the complaints of interested parties?"

      We aren't supposed to control the RIAA. We didn't elect them, and they (as do other businesses) have ways of weaseling money out of nooks and crannies even if you try to boycott them. If the US government is failing to address fraud up to and probably including perjury in multibillion dollar companies, this is a problem. A properly functioning government wouldn't do this. It doesn't matter whether the company is stocked with criminals or why; the question is why they haven't been arrested. If they haven't broken any laws per se yet, give them rope and watch them hang themselves; they'll do it, you know they will.

      Don't make excuses for the failure of your (and my) government. They have a job. They're not doing it. Now the criminals that should have been caught picking pockets years ago are trying to graduate to bigger crimes. Way to go.

    157. Re:What a coincidence by Overzeetop · · Score: 1

      Creation takes nothing but time, and time - for those without other marketable skills - has very little value. Short of a small amount of engineering, studio rental, and maybe a short session with instrumentalists, there are very few costs. Compared to the marketing side, that is a miniscule fraction of dollars spent on producing an audio track. We seem to be equating marketing with product cost.

      You could say it's simply supply and demand, but the system has an artificial scarcity built it - which is the root cause of the pricing.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    158. Re:What a coincidence by BeadyEl · · Score: 2, Interesting

      Hear hear. This is precisely the issue. The business model on which the recording industry (not to mention the film and TV industries) is based is already obsolete. Their model relies upon being able to maintain almost perfect control over distribution of their product. That control used to be based on everyday consumers LACKING the means to distribute copies themselves. When virtually nobody had the means to press vinyl LPs, and cassette tapes sounded mostly crappy - their business model worked well. In retrospect, mere radio (wireless, packaging-free, nearly cost-free delivery of their product) ought to have alerted them nearly a century ago to just how tenuous this business model was... Now that their fundamental assumption has become invalid, they seek to legislate an artificial 'propping up' of their existing, massive-profit model. It's akin to requiring automobile owners to buy at least one buggy whip per car, per year, lest the whip-makers suffer a loss of profit...

    159. Re:What a coincidence by Jason+Levine · · Score: 1

      Easy. Here's the algorithm that the RIAA and MPAA would like ISPs and websites (such as YouTube) to use:

      if (isAudioFile()) {
                      AssumeCopyrightedBy("RIAA");
      } elseif (isVideoFile()) {
                      AssumeCopyrightedBy("MPAA");
      }

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    160. Re:What a coincidence by HermMunster · · Score: 1

      Of course it was. It was foisted as a system to collect money for the artists.

      --
      You can lead a man with reason but you can't make him think.
    161. Re:What a coincidence by X0563511 · · Score: 1

      Agreed.

      Music is art, not a product. That you might make money from it is a bonus, but shouldn't be the goal.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    162. Re:What a coincidence by X0563511 · · Score: 1

      Oh really? Is that just pessimism or do you have any actual fact to back that up?

      I'd like to know, because if some executive pissant tried that with /my/ blood/sweat/tears, I've got an appointment with a court for attempted homicide.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    163. Re:What a coincidence by X0563511 · · Score: 1

      So, the real solution is to stop using content they have police over. Do you really need to dub in $RANDOM-TOP40-CRAP into your silly video?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    164. Re:What a coincidence by X0563511 · · Score: 1

      Because back in the day, it didn't tell you that, and his signature looks like a legitimate slashdot function did. Someone would click on it, thinking that a pile of comments below your viewing threshold were behind it, only to be shown the main page.

      It was a joke. Look at his username...

      I'm guessing it's a stab at the whole crowd being a bunch of trolls :P

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    165. Re:What a coincidence by Nursie · · Score: 1

      Arctic Monkeys

      Though I think that they were snapped up by a major when the record labels realised that they were getting huge on their own.

    166. Re:What a coincidence by Anonymous Coward · · Score: 0

      As someone with a degree in Music History, I can assure you you're wrong. "Works for hire" are actually fairly rare in the history of music.

      Most anything on Chess records from the 1940s on were works for hire. A friend of mine (now deceased) was on that label, they got paid for the studio time to record the tracks and that was it. They had to go out and play to make a living.

    167. Re:What a coincidence by Anonymous Coward · · Score: 0

      How about this as a rule - either you respect fair use, or use lose copyright protections altogether?

    168. Re:What a coincidence by crackerjack911 · · Score: 1

      Its not my favorite music, but I do like it. Keep up the good work. I tempted to buy just to support someone like you.

      --
      You tried your best and you failed miserably. The lesson: never try.
    169. Re:What a coincidence by Anonymous Coward · · Score: 0

      blah blah blah just compensation blah blah blah don't have high ethical standards blah blah blah you are, in fact, a thief

      I enjoy pirating music. Curiously enough, my system of ethics has nothing to say about copyright infringement, and I am a very ethically-minded person. And I don't believe artists deserve to be compensated for something that takes zero effort on their part to be copied an infinite number of times. I get that you think something is wrong with that, but I don't see any explanation why. I don't see any need to mod you down - I just find your point of view incoherent.

      As for this whole "thief" business, I have a problem with people who steal physical objects because they deprive other people of said objects that they avail themselves of. Seeing as how I've never done that, I'm not sure what calling music pirates "thieves" accomplishes aside from name-calling. Kind of like calling the RIAA Nazis, it doesn't really say anything, does it?

    170. Re:What a coincidence by turkeyfish · · Score: 1

      after that its the insertion of commercials every thirty seconds into every track, with electric shocks and jail time for those who attempt to turn off the device.

    171. Re:What a coincidence by Eivind · · Score: 1

      True, vocals and other analogue instruments, perform better in a suitable room. But even so, the equipment needed for a good vocal-recording, including the room, is cheaper and cheaper relative to income-levels. Even if you -don't- have the possibility of owning your own recording-studio, a larger and larger fraction of the population can effortlessly afford to hire a suitable room.

      If you bring your own tech (i.e. mic and recorder), you can hire excellent rooms for recording voice or guitar or suchlike here for $100/day. This is well within the means of most bands, even those who're not all that well-off or home-owners. You can practice in less optimal conditions, you need the excellent room for making the final recording, so you're unlikely to need it for THAT many days.

      Flipping burgers earns you $25/hour here, so we're talking 4 hours of minimal-pay-work for a days studio-quality-room-rental.

      If you're under 18 or still a student, you can do the same thing for free. The school of culture has a (very!) good studio, and the same goes for the student-radio, both of which lets students/pupils borrow the rooms at zero charge - assuming you're prepared to use the room at uncomfortable hours (i.e. those hours the room is free)

      I'd say that's pretty accessible. Orders of magnitude more accessible than such things where when I was young, and that's only 2 decades ago.

    172. Re:What a coincidence by EdIII · · Score: 1

      You know if you could hold back the judgmental attitude for a second or two you might want to consider a few things:

      1) People have the right (fair use) in some cases to use music in their "silly" videos.

      2) I may not have a choice. There are plenty of businesses that use YouTube as a marketing platform and want content uploaded.

      3) The videos I am responsible for might not even have random-top-40 music in at all, but something closer to elevator music.

      4) Your condescending attitude aside, not everything that other people do is silly and instantly deserving of your acerbic ridicule.

    173. Re:What a coincidence by inode_buddha · · Score: 1

      Thank you for saying what I cannot even spit out any more. I'm so disgusted. Off topic, but I'm visual (oil painting and charcoal drawing is rather hard to reproduce). Music is a major part of my life however, and it kind of "gets things going". In parting let me offer a gift of music, one of my all-time favorites: the "Little" G minor by JS Bach. BVW 578

      --
      C|N>K
    174. Re:What a coincidence by TheVelvetFlamebait · · Score: 1

      Fair enough. It's just that I've encountered plenty of people who have difficulty making the distinction, and this kind of sloppiness doesn't help.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    175. Re:What a coincidence by Anonymous Coward · · Score: 0

      It shows.

    176. Re:What a coincidence by Jaysyn · · Score: 1

      Actually poor old Phil is just in jail because he didn't have enough money. Just look at that heir to the DuPont fortune that was found with a guy's head in his closet and still managed to get off. I think he is up to three or four dead now (it is believed he killed his ex wives as well) and is still walking scott free.

      If you are talking about John E. DuPont, he's doing a 30 year sentence in a mental institution. He'll be in his late 80's before he makes it out.

      --
      There is a war going on for your mind.
    177. Re:What a coincidence by thomst · · Score: 1

      The cart horse horse cart conundrum plays in your post. For instance, the costs of studio time wouldn't be so great if the superstar artists weren't getting paid so much. And there are significantly more failures than there are successes; studio time costs cause the failure (failed album or even band) as much as the successful ones demonstrates that the costs drive the loss, rather than "loss due to success having the rug pulled out from under it via pirating". Let me rephrase. The costs of the studio time and the post processing time creates the greatest loss, for if it was reasonable it wouldn't cost so much. Not every band that uses studio time and post processing time should be charged at the rate that the superstar gets charged--and maybe they don't but they are close and the RIAA would love to make that happen.

      Sorry, but you're full of shit.

      To build a decent commercial recording studio costs upward of a couple of million dollars - and significantly more than that for a really top-notch studio (Electric Ladyland, say, or The Record Plant). And that's just the cost of building the physical facility (architect's fees alone are astronomical - and you can't skimp on that because architects who specialize in recording studio design are VERY expensive, and worth every penny) - equipping it properly is horrendously expensive, with just one top-of-the-line microphone retailing for $5K or more (and a top-of-the-line preamp for that microphone costs $2.5K). Outboard effects are constantly evolving, so you have to replace them every few years, and then there's the cost of equipping the facility with instruments and amplifiers.

      Only then do you get to consider personnel costs. Qualified engineers aren't cheap, and really great engineers (who have spent years or even decades honing their skills) are expensive. Good producers may agree to defer some of their charges in the form of profit participation (and most great producers will happily do so - because they are free to pick and choose which projects they will take on, and they believe in the value that their own contribution adds to the project).

      And so on.

      Most people don't learn to become song writers or singers or band members. They become them because they are already talented. This isn't an education system where they are paying their $70,000 for their college tuition.

      Again, you are completely wrong. And, clearly, profoundly out of your depth on this subject.

      Talent is good to have. It makes learning to be a musician and performer easier. But, talent or no, learning to play an instrument takes years of practice. So does learning to sing really well. And learning to perform is a whole separate thing from merely learning to play. You clearly don't want to admit that's the case - apparently you'd rather believe that the talent fairy sprinkles magic dust on wannabes and *poof*, they're instant superstar musicians.

      And, again, you want to conflate the RIAA - an organization for whom I have nothing good to say - with the artists themselves. Perhaps that soothes your conscience, but it doesn't alter the fact that stealing music deprives artists of income they have EARNED - and deserve.

      The rest of your spiel is just regurgitated piracy justification, especially "they wouldn't have bought the music they steal anyway, so there's no real harm done." That's utter nonsense. If they had no way to steal the music, then they'd have had to buy it or do without - and, given that choice, history says they'd buy at least SOME of it.

      The thing is that justifying piracy "because I can" is at least being honest about your motives and behavior. It doesn't make it right, but, at a minimum, it's not trying to excuse theft by waving your hands.

      So, man up. Admit you're a thief. At least that way you're not a liar, too.

      --
      Check out my novel.
    178. Re:What a coincidence by Pojut · · Score: 1

      Thank you :-)

    179. Re:What a coincidence by Pojut · · Score: 1

      That's how powerful the internet is as a distribution method...my music travels through time!

    180. Re:What a coincidence by hairyfeet · · Score: 1

      Good. So what was his final score? I quit watching the case when he got off for the third one. I think by that time even his lawyers were wondering how they kept managing to pull his ass out the fire. And how in the hell can he get 30 years in the nuthouse? I thought there was "not guilty by reason of mental disease or defect" and "guilty as charged". Granted I've been up to my ass in computers and haven't kept up with law trends, but I thought the insanity plea has been in pretty much the same form for forever. Glad they got the guy off the street finally, because by the third one I was figuring he'd need to videotape himself pulling a "Silence of the Lambs" to actually get convicted.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    181. Re:What a coincidence by VGPowerlord · · Score: 1

      Music, and musicians, existed and even thrived for thousands of years before anyone thought up copyrights.
      I think your theory needs a little more work since it would imply that such a situation couldn't ever have existed.

      Music and musicians weren't mass market before the invention of the phonograph. That was definitely after copyrights existed.

      Not surprisingly, things work a little differently when you need real live people to perform than just being able to go to the store and buy a recording.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    182. Re:What a coincidence by mcgrew · · Score: 1

      Google is your friend.

      I saw one study someone linked in an earlier thread done by a book publishing company who wanted to see how badly text piracy hurt their titles. With books, the piracy usually comes after weeks; someone has to scan the books. What amazed this publisher was the expected spike a day or two after publication was there, but there was another spike where they expected a downturn -- when the book hit the pirate sites, sales spiked a second time.

      I've alredy read them, I'm not searching for them again.

    183. Re:What a coincidence by Psmylie · · Score: 1

      "Creating quality content takes money

      Hogwash, especially when it comes to music.

      I agree. It's the promotion of music that costs tons of money. Less promotion means smaller paychecks for those involved, but this could actually mean a larger net return to the actual artists, without having a label skimming most of the fat of the top.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    184. Re:What a coincidence by Jaysyn · · Score: 1

      It's weird, Wikipedia didn't mention any of the other instances you are referring to. Maybe not the same DuPont?

      --
      There is a war going on for your mind.
    185. Re:What a coincidence by Kevin108 · · Score: 1

      I've had iTunes forever and an iPod for a couple of years but I've only ever listened to one Podcast and that seemed overly complicated to me as it was just a single MP3 file that could be downloaded independently. What am I missing on Podcasts and how do you find one featuring new music that pertains to your favorite genre?

      --

      It's a perfect time for being wasted.
      A perfect time to watch the stars.
      - Burden Brothers, "Beautiful Night"
    186. Re:What a coincidence by alvinrod · · Score: 1

      I actually checked out your music a while back when you linked to it in a previous story. It's not something I would normally listen to or for that matter knew existed, but I found it really enjoyable for the mood I was in at the time. There are no radio stations in the area playing that genre of music so it's not something that I'd likely stumble across either. I definitely wouldn't mind throwing some money your way whenever you get finished. Thanks for putting it out there.

      The only thing broken around here is the RIAA's business model. I imagine they're pissed that their money tree is dying.

    187. Re:What a coincidence by Pojut · · Score: 1

      I think you misunderstood what I was getting at...allow me to explain.

      My music is primarily made as an exploration of different textures...it also happens to be trippy as hell. Because of this, the cannabis subculture seemed like a great place to get exposure. So, for example, I've sent my music to the Dopecast, and the host has played every track I've sent him. He and his listeners have really enjoyed it, because it's the kind of stuff they would want to listen to. (The most recent episode my music has been played on was episode 223...I'm actually working on the finishing touches of another track I'm going to be sending him in a couple of days, so it will likely be on the show sometime in the next month.)

      There are podcasts that focus on music, but I was mainly talking about submitting it to podcasts that play music, not necessarily podcasts that are about music. Match up the style music you are making with the style of music that a particular podcast generally plays in the background (or, like the Dopecast, as a musical interlude), and your exposure will increase. It will just be a little bit at a time, but if you send it to the right people, then the right people will be hearing your tunes :-)

    188. Re:What a coincidence by Pojut · · Score: 1

      I actually checked out your music a while back when you linked to it in a previous story. It's not something I would normally listen to or for that matter knew existed, but I found it really enjoyable for the mood I was in at the time. There are no radio stations in the area playing that genre of music so it's not something that I'd likely stumble across either. I definitely wouldn't mind throwing some money your way whenever you get finished. Thanks for putting it out there.

      Thanks for the kind words, I appreciate it :-) I'm glad you enjoyed listening to it!

      The only thing broken around here is the RIAA's business model. I imagine they're pissed that their money tree is dying.

      It's strange...sometimes, the RIAA does things like trying to tighten their grip further (which makes them look completely oblivious), and then other times they do things that make it clear they understand what is happening, but just refuse to acknowledge it.

      Really odd stuff.

    189. Re:What a coincidence by AthanasiusKircher · · Score: 1
      I agree with you as far as that there aren't good modern equivalents.

      But beyond that, you're pretty much wrong. (I have more than one degree in music history.) You've bought into the whole 19th-century romanticized notion of the composer as transcendental genius who creates for the sake of creating.

      Bullshit.

      There certainly were composers who did what they wanted to do, and after the Beethoven myth had been created, lots more wanted to just "create" as an "artiste" or whatever.

      But Bach was hired to practice a craft. So were most musicians of his age, as they had been for generations before. With few exceptions, they were hired by patrons and required to do very specific things, including writing specific kinds of pieces for specific occasions -- it wasn't as though patrons were just generous enough to throw money at composers who were "driven to create" whatever they wanted to.

      Yes, there are a few exceptional cases, and composers who accumulated fame often attracted a number of secondary patrons who might just give them money or a pension. But the primary income of the vast majority of composers came from someone who was paying them to do a specific job by writing specific pieces, etc. If Bach didn't provide cantatas, organ music, etc. for services each week, he'd be fired. It's as simple as that.

      As for Chopin, he was very competitive when it came to signing up publishers to get his works published. Relationships to publishers were increasingly important in the late 18th and 19th century and beyond. By the mid (and particularly late) 19th century, there was a huge market for upper-middle-class amateurs who wanted to buy the latest songs or transcriptions of orchestral pieces for piano. While many composers fought to have their works performed, just as many were worried about earning money through publication.

      I'm not saying that it was equivalent to a modern "commercial endeavor" in every way. But by the time the patronage system (which required composers as employees with specified compositional duties) started dying in the mid-18th century, the music publishing business was ramping up, which is where composers made their money until recordings started appearing in the 20th century.

      In sum, though there were exceptions, and we may romanticize the historical picture of it, the vast majority of composers in fact were trying to make it in a kind of "job," either as a craftsman or something akin to a writer trying to sell his wares to a publisher.

      As someone with a degree in Music History, I can assure you you're wrong.

      As someone who actually knows something about music history beyond what you read in introductory textbooks, I can assure you that you're wrong.

    190. Re:What a coincidence by AthanasiusKircher · · Score: 1
      One more thing....

      Certainly the idea of becoming wealthy for an hour's worth of music that's basically aping what everyone else is doing would never have occurred to any composer you can name.

      Sure it did. You evidently don't know anything about Handel, to take one major example. There were composer wars going on in London in the early to mid 1700s where there were new operas every month or even every week, and composers often explicitly STOLE tunes from the opera house across the street to draw in customers. Handel was deeply involved in such things (as were a bunch of other composers who have been forgotten today -- Bononcini, etc.). A good opera production might not be enough to make a composer rich, but a few such hits might.

      Of course, you're somewhat right that music history tends to ignore most such composers; music history prefers to focus on the artistic genius working away unnoticed, rather than the composers who were actually writing popular music in their day. But there are some other examples of commonly known composers for example, most any light Italian opera composers (Rossini, Donizetti, Bellini, etc.) who were churning out new works every month or so in Italy in the 19th century. These composers often joked about how easy it was to throw together some new music. Plots were recycled again and again with little variations. No equivalent to modern pop music? I think we've found something close....

    191. Re:What a coincidence by AthanasiusKircher · · Score: 1

      Many of the works we consider "great", and part of our cultural heritage, were produced before copyright, and many were also produced without the prospect of payment in the artist's lifetime.

      Umm, could you name some of those "great" works, please?

      The first music books that were printed appeared in the early 1500s by Petrucci. The first copyrights were granted in individual cities in Italy, maybe starting in Venice in 1486. Notably, Petrucci was in Venice and learned the printing trade there. While he didn't get a modern copyright when he started publishing, instead he was granted the exclusive right to be the sole publisher of music in Venice for 20 years. Often, before individual works were copyrighted, publishers were the ones who were granted permissions, effectively producing a system more restrictive than modern copyright.

      Copyright was part of music since music was widely distributed. If you can name some "great works" like motets written by Machaut in the 14th century, maybe we can talk, but I doubt the average modern listener has even heard of such things, let alone considers them "great works."

      As for the idea that "many were also produced without the prospect of payment in the artist's lifetime" -- again, name some please?

      The "starving artist" was largely an invention of the 19th century. Composers before the 1900s wrote music because they had a job to write music and needed the money. Most composers from the 1900s that we remember today also wrote music to get it published... those who didn't were generally independently wealthy.

      I'm not getting involved in your views on modern copyright, but in terms of history, you have no idea what you're talking about.

    192. Re:What a coincidence by Ihmhi · · Score: 1

      You go to a recording studio... they're $15-$150 an hour. Cheaper if you just get raw recordings and not mixing. Get your songs right, do a few hours of recording, then mix it yourself. (Or hell, have the profressionals mix it.)

    193. Re:What a coincidence by Kevin108 · · Score: 1

      Gotcha. Yeah, I thought you were onto the newest type of Pandora or something. I'm a huge music geek and even (post-merger) Sirius has failed to aptly supply me with new music worth listening to so I am again stagnating amongst my existing collection.

      --

      It's a perfect time for being wasted.
      A perfect time to watch the stars.
      - Burden Brothers, "Beautiful Night"
    194. Re:What a coincidence by harl · · Score: 1

      I contest that copyright law is broken. It's fairly sane at the moment. You infringe someone's copyright you are punished but allows for fair use.

      Most of the problems with the DMCA are not with the law, except for the circumvention parts which at least one judge has already struck down if you're pursuing a fair use, but rather with the states' legal system. When you receive a take down notice you can file a counter notice and your ISP has to put the item back. A take down notice is just a bluff. If you really are fair use file a counter notice and you're done.

      At this point they can still bring a suit to try and bleed you but that's a problem with the States' tort system and not copyright law.

      The anti-circumvention parts are bullshit though.

      --
      I find being offended by me offensive.
    195. Re:What a coincidence by Americano · · Score: 1

      Creation takes nothing but time, and time - for those without other marketable skills - has very little value.

      You know, I've been waiting 35 years for my hit single to write itself. Still hasn't happened. Are you really suggesting that people who write music have "no marketable skills" that make it worth paying for their time?

      Independent artists still need to "market" - they need a web site, they need to pay living expenses, travel costs, and promotional costs to tour. Recording the audio track isn't "that expensive," but "paying rent while you record the audio track" often can be.

      Record studios aside - if you enjoy somebody's music, why would you ever think that giving them a couple bucks to support them in continuing to create new music that you'll enjoy isn't worth the cost? I don't understand this mentality, it seems remarkably exploitative.

    196. Re:What a coincidence by Anonymous Coward · · Score: 0

      >It used to be true that it cost a fortune to record an album, but digital media has driven the price of creating most content down to almost zero.

      Fuckwit. The cost is in the room and the engineer. Hence why home recordings almost always sound like home recordings.

  2. hmmmm by Anonymous Coward · · Score: 1, Informative

    Notice the update at the end of the article pointing out that Sherman is seeking for voluntary agreements with said partners and not to enact broader laws without their cooperation.

    In other words he wants large sums of money from YouTube & RapidShare unfortunately the courts decided they didn't have to pay. So hes trying to get them to voluntarily pay extortion money but... when that doesnt work he'll be forced to get copyright law changed again.

    1. Re:hmmmm by interval1066 · · Score: 3, Funny

      Yep...

      "'The RIAA would strongly prefer informal agreements inked with intermediaries... We're working on [discussions with broadband providers], and we'd like to extend that kind of relationship--not just to ISPs, but [also to] search engines, payment processors, advertisers..."

      He essentially believes New Media and the Digital Economy owes the RIAA a living, and wants to change legislation to make this happen. Hopefully legislators tell him he's off his rocker.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:hmmmm by Anonymous Coward · · Score: 0

      He essentially believes New Media and the Digital Economy owes the RIAA a living, and wants to change legislation to make this happen. Hopefully legislators tell him he's off his rocker.

      I'm sure they will.. until they get appropriate financial incentive to decide otherwise.

    3. Re:hmmmm by serveto · · Score: 1

      Hopefully legislators tell him he's off his rocker.

      “The triumph of hope over expectation”

  3. Why stop there? by Locke2005 · · Score: 4, Interesting

    If somebody spray paints the text to a copyrighted poem on the side of a building, shouldn't the building owner be held responsible for copyright infringement?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Why stop there? by bsDaemon · · Score: 2, Insightful

      If the wall was labeled a "public art space" and people were encouraged to do graffiti on it, then maybe? Youtube and RapidShare encourage people to post content then basically look away until someone complains about it.

    2. Re:Why stop there? by enderjsv · · Score: 1

      Honestly, I don't see how youtube is any different than any other forum for communication. I could come here to Slashdot and post copyrighted material. I could go to any file upload site and upload copyrighted material. Seriously, if the RIAA gets its way, 90 percent of what makes the internet great would be in jeopardy. Any site that allows it's users any control over the material on the site what-so-ever would be liable. That's not the kind of internet I want.

    3. Re:Why stop there? by TubeSteak · · Score: 5, Informative

      Youtube and RapidShare encourage people to post content then basically look away until someone complains about it.

      Youtube and rapidshare allow people to post content and the law doesn't require them to do anything until someone complains about it.
      Despite that, both companies will block previously uploaded content by hash and Rapidshare relatively recently stopped their rapidshare
      points program because they say it encouraged uploading of copyright infringement.

      All that said, I loathe the idea of "informal agreements inked with intermediaries"
      Copyright is a public policy issue and it should be decided by the public, not by a cartel of businesses.

      --
      [Fuck Beta]
      o0t!
    4. Re:Why stop there? by johnhp · · Score: 1

      The phrase "look the other way" implies that there's something they could do, but won't. It's not accurate to use that phrase in this case.

    5. Re:Why stop there? by spyfrog · · Score: 2, Insightful

      And how should the 3rd party (the site like Youtube or Slashdot) know what material that a user owns the rights to and are allowed to upload? The only ones who possible can know that is the one who upload the content or the guy (RIAA or MPAA) that claims that they own copyright for it.

      A law like this would make it impossible to allow any site where a user can upload content. No more Flickr, no more Facebook, no more Slashdot...

    6. Re:Why stop there? by vux984 · · Score: 1

      If the wall was labeled a "public art space" and people were encouraged to do graffiti on it, then maybe? Youtube and RapidShare encourage people to post content then basically look away until someone complains about it.

      You mean like the bulletin boards at the local grocery stores, community centres, churches, gyms, skating rinks, pools, and post offices? You know the ones... where anyone can post notices and whatnot? You are seriously arguing these companies/facilities should be liable for copyright infringement?

    7. Re:Why stop there? by spikenerd · · Score: 1

      ...encourage people to post content then basically look away until someone complains about it.

      Yeah, and the constitution should also be held responsible for encouraging Copyright violations with this ridiculous "freedom of speech" notion. Surely the right to distribute my works while still telling everyone what they are allowed to do with it is the most inherent and inalienable right of them all. /sarcasm

    8. Re:Why stop there? by blair1q · · Score: 1

      The wall has a few other grafitti on it, and a sign saying "post no bills".

      Youtube et al encourage people to post content they own, and warn against posting material they don't.

      Which is enough.

      If the RIAA wants to protect its copyrights it has to enforce them itself, against the infringers. Putting Youtube out of business isn't that.

    9. Re:Why stop there? by rainmouse · · Score: 1

      If somebody spray paints the text to a copyrighted poem on the side of a building, shouldn't the building owner be held responsible for copyright infringement?

      If the building owner somehow made a lot of money from the poem then yes.

    10. Re:Why stop there? by bsDaemon · · Score: 0

      I'm sorry, but I genuinely believe that 90% of Web 2.0 has made the Internet a WORSE place. If YouTube went away, that'd be just fine with me. Frankly, we could use a cut down in the signal-to-noise ratio.

    11. Re:Why stop there? by tool462 · · Score: 1

      Perhaps a slightly better analogy:

      An author writes a book, and plagiarizes most, if not all of it from another copyrighted work.
      Editor doesn't catch the plagiarism, and passes it on to the publisher for printing.
      Publisher prints the book and ships to bookstores.
      Original copyright holder finds this book and is now getting ready to sue.

      Who does the original author go after?

      The plagiarizing author?
      The editor?
      The publisher?

      I'm assuming the publisher would have to pull the books from shelves when the plagiarism was shown, but are they legally liable beyond that?
      I'd expect the suit would have to be directed at the plagiarizing author since they're the one that actually stole the content, and perhaps some liability for the editor since you could reasonable expect them to be familiar with similar works in the field.
      This seems reasonable to me, but I honestly don't know if that's how it works.

      In the Youtube version, Youtube is the publisher and the poster is the author/editor.

    12. Re:Why stop there? by Locke2005 · · Score: 1

      They "could" hire literally thousands of people to review every upload before it is posted, attempt to determine a copyright holder, contact the copyright holder, and ask them if the upload was done with the permission of the copyright holder. (Many uploads come from the copyright holder themselves.) But that would pretty much put their business model into the toilet.

      Or, they could just wait for someone to complain and take it down.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    13. Re:Why stop there? by Talderas · · Score: 3, Interesting

      How does this affect the porn industry?

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    14. Re:Why stop there? by bsDaemon · · Score: 2, Informative

      I thought the answer is 'go after the deepest pockets and just hope the settle out of court'?

    15. Re:Why stop there? by Anonymous Coward · · Score: 0

      mod up ! the is a perfect analogy

    16. Re:Why stop there? by OffaMyLawn · · Score: 4, Insightful

      All that said, I loathe the idea of "informal agreements inked with intermediaries" Copyright is a public policy issue and it should be decided by the public, not by a cartel of businesses.

      This. The RIAA is trying to back-door some deals instead of doing everything out in the open anymore where we can publicly mock them. This is the same problem I have with it.

    17. Re:Why stop there? by mini+me · · Score: 1

      Except a hash is a derivative work, and therefore is subject to the same copyright laws as the original. Without permission from the copyright holder, one cannot, without permission, use that method to protect future uploads.

    18. Re:Why stop there? by Anonymous Coward · · Score: 0

      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0

    19. Re:Why stop there? by Anonymous Coward · · Score: 0

      Well I was drivin' down I-95 the other night.
      Somebody nearly cut me right off the road.
      I decided it wasn't gonna do any good to get mad.
      So I wrote a song about him instead.
      It goes like this...

      Were you born an asshole?
      Or did you work at it your whole life?
      Either way it worked out fine
      'cause you're an asshole tonight.

      Yes you're an A S S H O L E...
      And don't you try to blame it on me.
      You deserve all the credit.
      You're an asshole tonight.

      You were an asshole yesterday.
      You're an asshole tonight.
      And I've got a feelin'
      you'll be an asshole the rest of your life.

      And I was talkin' to your mother
      just the other night.
      I told her I thought you were an asshole.
      She said, "Yes. I think you're right."
      And all your friends are assholes
      'cause you've known them your whole life.
      And somebody told me
      you've got an asshole for a wife.

      Were you born an asshole?
      Or did you work at it your whole life?
      Either way it worked out fine
      'cause you're an aaaass...hole tonight.


      There, I just violated copyright. Slashdot "invites" people to so so. And makes a lot of money in the process. Quick, somebody hold slashdot responsible for copyright infringement!

    20. Re:Why stop there? by sjames · · Score: 1

      Clearly the building should be demolished immediately. We can sweat the small stuff like the possibility that people inside might die once we have resolved the potential copyright violation. You gotta have priorities!

    21. Re:Why stop there? by Charliemopps · · Score: 1

      No, even then it shouldn't be illegal. It's ART. Copyright law has stifled the creative output of the world for too long as it is. Time to be done with it for good.

    22. Re:Why stop there? by mark-t · · Score: 1

      In your specific example, the publisher would have to pull the books from the shelves, and would have valid grounds to sue the editor for their costs of both printing the books and any costs they incurred as a result of the recall, including things such as recycling fees, because the editor should have caught the plagiarism. That's part of their job.

      The editor, in turn, might be able to sue the author as well, although their case might not be as strong, as the publisher's case against the editor should have already shown that the editor himself did have a professional obligation to catch the plagirism before it was published. It would likely depend who has more money to spend on a lawyer for that particular case as to who would win that suit.

      However, regardless of who wins the aforementioned case against the author, the author would be *FULLY* on the hook for copyright infringement, which in addition to legal fines and possible compensation to the actual copyright holder, could easily result in a jail term.

      All tolled, metaphorically, the author would be neck-deep in a whole stink-pile of crap, the editor maybe about waist-deep, and the publisher would likely have to buy a new pair of shoes after the whole ordeal.

    23. Re:Why stop there? by losfromla · · Score: 1

      Actually not a bad idea, just require that they hire US Citizens in the US to do this work, also they should bill the hours to the RIAA/MPAA. Helps with the unemployment problem and probably implodes both the RIAA and MPAA. After they go away, start taking that money out of the military budget, another problem solved. Good one Locke2005!

      --
      Only I can judge you.
    24. Re:Why stop there? by sconeu · · Score: 4, Interesting

      A law like this would make it impossible to allow any site where a user can upload content.

      And just what do you think the xxAA really wants? They want to be the only "authorized" source of "content".

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    25. Re:Why stop there? by Dunderland1 · · Score: 1

      A law like this would make it impossible to allow any site where a user can upload content. No more Flickr, no more Facebook, no more Slashdot...

      Exactly. No more user uploaded content is exactly what the RIAA (and MPAA) is aiming for. They want to be the sole controller of all entertainment in the U.S.

      They realize that their job can now be done by anyone with talent, a decent microphone, and somewhere to distribute their content and are responding by making sure they will be the only ones who can distribute anything.

      They are trying to stick the internet genie back in the bottle before it makes them completely irrelevant.

      They will never succeed, but they'll certainly try...

    26. Re:Why stop there? by dgatwood · · Score: 1

      Although that might seem like a good analogy, it really isn't. There's a very major difference between someone hosting somebody else's content and a print publisher: editorial control. If my memory of communications law serves, that's a key factor in determining liability.

      If you had said a self-publishing firm, your analogy would be on track, and the answer would be that they would go after the author because the self-publishing firm is nothing more than a company hired to provide a service. They would be no more liable for the violation than Kinko's or eBay would be if someone photocopied 10,000 copies of a copyrighted poem at Kinko's and then sold them on eBay. Neither party had an opportunity to exercise editorial control over the content, and as such, they generally are not liable for the content.

      With a traditional publishing firm, the publishing company is paying the author instead of the other way around, and as such, the author is under contract to write a book for the firm. The author may or may not retain rights, but in any case, the publishing house has hired the author to do that, and has taken editorial responsibility for ensuring the book meets the standards set by the particular imprint. As soon as a book becomes an imprinted publication, that publisher is responsible for it. It is no longer the author publishing through someone, but rather the publisher choosing to publish a particular work by a particular author, and that is generally where the line is drawn.

      As for what the RIAA wants, they'll never get it. If they did, then every Internet web server, bookstore, newsstand, record store, etc. would suddenly be required to exercise editorial control over everything they sell to avoid potential liability, and the market for copyrighted material would dry up completely, including stuff published through official RIAA channels. What they're asking for is basically suicide for the RIAA and those they represent. At some point, they'll probably pull their heads out of their backsides and realize that they're being morons, but I think it's safe to say that even the U.S. government isn't dumb enough to give them what they're asking for....

      --

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

    27. Re:Why stop there? by dgatwood · · Score: 1

      Just to be clear, I'm not saying that the author won't also be held liable in the case of a work published through a major publisher. At a minimum, it would be a breach of contract, and the publisher could take their legal costs out of the author's hide. The point was that the publisher would be liable in the case of a book because the publisher is in a position to exercise editorial control, whereas a web publisher that merely passes on content in large quantities would not be because it is not in such a position.

      --

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

    28. Re:Why stop there? by houghi · · Score: 1

      If they do not remove it upon request, I am sure they will.

      --
      Don't fight for your country, if your country does not fight for you.
    29. Re:Why stop there? by Anonymous+Cowpat · · Score: 1

      I think the answer is that you name the author, editor, publisher, printer & bookstore in the suit, and see what sticks.

      --
      FGD 135
    30. Re:Why stop there? by dangitman · · Score: 1

      How does this affect the porn industry?

      You see, when a man and a woman love each other very much, they get together and form a copyright... and then there's porn.

      --
      ... and then they built the supercollider.
    31. Re:Why stop there? by dkleinsc · · Score: 1

      Copyright is a public policy issue and it should be decided by the public, not by a cartel of businesses.

      Wait, so you want it to be different than most other public policy issues these days?

      As one guy described it in The Corporation, public policy decisions these days get hashed out in small rooms where the people involved are generally US government agencies and representatives of the major corporations in the respective industries. The public debates in Congress and the press are basically a sideshow.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    32. Re:Why stop there? by MunchMunch · · Score: 1

      If it isn't obvious, for your analogy to be compelling, we'd have to agree that it's fundamentally proper to outlaw open public art spaces just in case someone posted something copyrighted.

      Ignoring fair use, I find that idea presumptuous and, ab initio, biased in favor of copyright holders. Because it essentially says "if we can't predict who will do what, err on the side of protecting copyright holders" rather than "err on the side of free speech and expression."

    33. Re:Why stop there? by tool462 · · Score: 1

      Thanks for the post. That was actually very helpful. Not used to that around here :)

    34. Re:Why stop there? by Anonymous Coward · · Score: 0

      Legality aside, does this make any sense? How are we to promote freedom of expression when every sound, phrase, rhythm, beat or rhyme might infringe on some copyright somewhere, and all parties involved, knowingly or not, can be held financially liable for huge sums for "losses" that might never even have existed?

      We are not all copyright lawyers. The studios and copyright holders have deeper pockets than most of us. We aren't going to win the majority of the small battles in the courtroom. But I'm confident in the end the people will win the larger war...the freedom to share and distribute amongst one another information without fear of being "mugged" in the courts by a few "bullies" bent on extortion. Now whether we win because we convince the studios and copyright holders to agree to some basic "fair-use" policies, or because of customer attrition due to the studio's scare tactics...that remains to be seen.

    35. Re:Why stop there? by shentino · · Score: 1

      Maybe they're losing steam now that ACTA has been leaked.

    36. Re:Why stop there? by Dunderland1 · · Score: 1

      ^^this

      they realize that thanks to the internet, anyone with talent, a decent set of equipment, and a distribution source can be a successful musician, and are responding by trying to stick the internet genie back in its bottle and make themselves the only legal distributor of content in the U.S.

      even if congress passes this, it will only delay their inevitable irrelevance.

    37. Re:Why stop there? by Haedrian · · Score: 1

      If you use a position which appeared in a porn flick you have to pay royalties unless you prove that you had 'prior art'

  4. Let me be the first to say it... by Bemopolis · · Score: 2, Insightful

    Fuck you, RIAAssholes.

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    1. Re:Let me be the first to say it... by locallyunscene · · Score: 1

      I find this comment both on topic and informative.

    2. Re:Let me be the first to say it... by Anonymous Coward · · Score: 0

      I WANT a tee shirt with that on it!!!

  5. So... by mark72005 · · Score: 5, Insightful

    So he wants to transfer the cost of intimidating users to other companies instead of his own. Why, that's brilliant!

  6. No shit, Sherlock! by Finallyjoined!!! · · Score: 1

    The man's a genius, toss him a coin.
    On second thoughts don't, the slimy git will claim copyright on the passage of the coin through the air..

    --
    If I had an Ass, I'd call it Fanny Bottom, then I could slap my Ass; Fanny Bottom, on the Arse.
  7. The best outcome is it can't be fixed. by Anonymous Coward · · Score: 2, Interesting

    Maybe we're getting to a point where big business will no longer make oodles of money distorting our culture. They've had a good run for 150 years, but hopefully technology has destroyed this model. Woohoo!

    1. Re:The best outcome is it can't be fixed. by Dachannien · · Score: 1

      No, they'll always find a way to make money. They may bitch and moan the whole time about how much more money they wish they were making, but they'll make more than their fair share, all the same.

    2. Re:The best outcome is it can't be fixed. by dangitman · · Score: 0

      Maybe we're getting to a point where big business will no longer make oodles of money distorting our culture.

      "Distorting our culture"? What the hell does that mean? Firstly, what is "our culture" in the first place? Distorting it would imply that there is some kind of pure, undistorted version of "our culture." Since culture is arbitrary and malleable, what is this undistorted version you are referring to?

      --
      ... and then they built the supercollider.
  8. I agree by Anonymous Coward · · Score: 1, Insightful

    It's pretty ridiculous that thousands of people can upload copyrighted content all day long on YouTube and it's up to the copyright holder to scour YouTube for all of the violations.

    I understand the holder has to defend their copyright in order for the copyright to remain valid, but YouTube is completely abusing the system.

    To me, because YouTube is such a blatant/careless repeat-offender of being a haven for copyrighted content, they should be fined or shut down.

    1. Re:I agree by mark72005 · · Score: 1

      It's pretty ridiculous that thousands of people can upload copyrighted content all day long on YouTube and it's up to the copyright holder to scour YouTube for all of the violations.



      No, that's precisely how it SHOULD work.
    2. Re:I agree by easterberry · · Score: 1

      The problem with that theory is that with the volume that goes through youtube there's no practical way for them to find everyone elses copyright material.

    3. Re:I agree by jedidiah · · Score: 2, Insightful

      > It's pretty ridiculous that thousands of people can upload copyrighted content all day long on
      > YouTube and it's up to the copyright holder to scour YouTube for all of the violations.

      If it's worth the effort then it's worth the effort.

      Clearly, Big Content would rather not be bothered.

      Therefore, it can't really be that important.

      The notion of "copyright violation" or "piracy" really isn't the point.

      The industry needs to demonstrate what actual harm is being done when
      some toddler dances to a song that is old enough that it should already
      be in the public domain by now.

      The law not working? So sad. Big Media paid for it after all.

      As much as they have corrupted the system, they are really in no position to whine.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:I agree by Locke2005 · · Score: 1

      It's pretty ridiculous that thousands of people can walk into a library and make photocopies of books all day long and it's up to the copyright holder to scour the libraries for all of the violations.

      It's pretty ridiculous that thousands of people can record pop songs off of the radio all day long and it's up to the copyright holder to scour the homes of anyone owning a recording device for all of the violations.

      It's pretty ridiculous that thousands of people can carry cell phones into concerts and use them to create videos of concerts day long and it's up to the copyright holder to catch them in the act of making a recording for all of the violations.

      Do you see a trend here? Yes, protecting your copyrights is hard. But don't expect others to spend their time and money to do it for you.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    5. Re:I agree by cfulmer · · Score: 2, Insightful

      I understand the holder has to defend their copyright in order for the copyright to remain valid,

      Uh... No. Not true at all. You're confusing Copyright Law with Trademark Law.

      YouTube is actually a very poor example for your point -- they have all sorts of ways to filter out copyrighted content -- they have a content matching system, users can flag materials, and they respond to DMCA takedown notices.

      If you want to go after somebody, go after the people who are posting copyright material on YouTube. Why make YouTube responsible for what users do?

    6. Re:I agree by Qzukk · · Score: 0

      To me, because YouTube is such a blatant/careless repeat-offender of being a haven for copyrighted content, they should be fined or shut down

      I just slipped a rip of Avatar under your doormat and reported you. Enjoy your $200000 fine.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:I agree by Taibhsear · · Score: 1

      Cary Sherman, is that you? Don't you have work to do? You know, homeless people and printers to send DMCA notices to?

    8. Re:I agree by meerling · · Score: 3, Informative

      MD = Media Dump
      CH = Copyright Holder

      CH 0000001 has 30 pieces of work that they want MD to monitor for and prevent from being displayed.
      CH 0000002 has 1700 pieces and wants the same thing.

      MD gets about 2000 files uploaded everyday, so that means they have to check all 2000 against 1730 pieces of work. Not fun for them, and what liability do they have to face if they miss one?
      Ah... we forgot something... There are THOUSANDS of CH with quantities of works ranging from 1 to many thousands. The amount of work (and liability) that MD would have to deal with goes up at an insane rate. MD has NO vested interest in those pieces of work, and can not be expected to take on the task of policing the activities of other people, even though they use the service provided by MD. Are you expected to check the criminal record and intentions of everyone that walks down the sidewalk in front of your house because the police don't want to? No. It's up the the CH to defend their own copyright, and not to force someone else to do it for them.

    9. Re:I agree by gstoddart · · Score: 1

      It's pretty ridiculous that thousands of people can walk into a library and make photocopies of books all day long and it's up to the copyright holder to scour the libraries for all of the violations.

      The book publishers have fought photocopiers for that exact reason.

      Do you see a trend here? Yes, protecting your copyrights is hard. But don't expect others to spend their time and money to do it for you.

      Sadly, they feel like they're "losing so many bazillions of dollars every second" that they now need to get everybody else to be responsible for it. If they could prevent the loss of those bazillions of dollars, they'd be so much more profitable, see?

      Of course, they stupidly believe that getting all of the other industries to spend more actual dollars than their hypothetical losses would actually work.

      They want their cake, and they want our cake. And, they want everybody else to be keeping track of all cake to be sure that they don't miss out on any.

      --
      Lost at C:>. Found at C.
    10. Re:I agree by tibit · · Score: 1

      ALL content is copyrighted (meaning: subject to copyright law), by default, unless the owner puts it in public domain -- and then such can only be done in countries where public domain is recognized (not in Germany, for one). So pretty much everyone who uploads content to YouTube uploads copyrighted content. The question is whether they have the rights to publish that content.

      You claim that YouTube is "completely abusing the system" (what system?). YouTube is a content distribution network. Before they distribute anything, they have to get it, so the first infringing act of distribution (if any) is done by the uploader. YouTube can accept such content in good faith, there's nothing wrong with that. They are not the ones who break the law. It's between the uploader and the entity holding the distribution rights for given content to fight it out.

      YouTube has already gone to great lengths to implement content fingerprinting system for both audio and video. It works impressively well. If the *IAAs and content rights owners are too damn lazy to submit their content for watermarking, it's their damn problem.

      You are not insightful, you have no clue.

      --
      A successful API design takes a mixture of software design and pedagogy.
    11. Re:I agree by tibit · · Score: 1

      LOL. Ever heard of YouTube's ContentID system?

      --
      A successful API design takes a mixture of software design and pedagogy.
    12. Re:I agree by tibit · · Score: 1

      ContentID FTW. Sorry for being redundant, but people just post without a clue...

      --
      A successful API design takes a mixture of software design and pedagogy.
    13. Re:I agree by ajlitt · · Score: 1

      "You're hurting rights holders with your lack of accountability!" says the Anonymous Coward.

    14. Re:I agree by shentino · · Score: 1

      What might help is to stop the chicken shit policy that only allows the copyright holder to initiate action.

      Youtube's crowdsourcing could be used to ask flaggers "whose copyright does this violate" so that youtube can forward the notifications to the user in question whose copyright is potentially being infringed.

    15. Re:I agree by shentino · · Score: 1

      No, but procedural laches can be used as an equitable defense if you can prove that the copyright holder knowingly let you off the hook awhile for strategic reasons.

    16. Re:I agree by Anonymous Coward · · Score: 0

      It sounds to me like someone is confused over Copyright vs Trademark law.

    17. Re:I agree by VGPowerlord · · Score: 1

      It's pretty ridiculous that thousands of people can walk into a library and make photocopies of books all day long and it's up to the copyright holder to scour the libraries for all of the violations.

      The book publishers have fought libraries for that exact reason.

      FTFY

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  9. I agree with RIAA by theaveng · · Score: 5, Interesting

    It isn't working. Amendment __: Strike the clause "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;". Replace with "To enrich the sciences, arts, and culture of the People, by securing for fourteen years* to Authors and Inventors the temporary Privilege of monopoly to their respective Writings and Discoveries;"

    "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself. But the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.

    "Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine...

    "That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature. Inventions then cannot, in nature, be a subject of property." - Jefferson

    --
    FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    1. Re:I agree with RIAA by blair1q · · Score: 1

      You do know he was talking about ideas, not recordings, right?

      And that patent law and copyright law are very, very different beasts for just this reason, right?

    2. Re:I agree with RIAA by Securityemo · · Score: 1

      How does a concept or invention, wrought in the mind of the originator through hard work, differ from a piece of music? In that the first is "more serious" than the other, and thus deserves special treatment?

      --
      Emotions! In your brain!
    3. Re:I agree with RIAA by canajin56 · · Score: 1

      They aren't anymore. Copyright cannot protect an idea, only the expression of that idea. However, that has changed. Copyright now protects the very idea itself, with "derivative work" covering even 100% new expressions of the same idea. Copyright was categorically intended not to limit ideas, and now that is its main purpose. For example, it is a copyright violation to make an entirely new story about an existing character from popular literature. This is considered a derivative work. This is absurd and goes against the very idea of copyright, but that's the law as it stands now.

      --
      ASCII stupid question, get a stupid ANSI
    4. Re:I agree with RIAA by blair1q · · Score: 1

      A combination spork and earwax auger is more serious than "Imagine"?

    5. Re:I agree with RIAA by Securityemo · · Score: 1

      You argue that there is a difference. Do elaborate.

      --
      Emotions! In your brain!
    6. Re:I agree with RIAA by commodore64_love · · Score: 1

      >>>You do know he was talking about ideas, not recordings, right?

      Well then I shall pick-up where Thomas Jefferson left off: If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, a song, a movie, or the recording of such things. (And so on.)

      While I see the value in granted a *temporary* monopoly to the creators of such things, ultimately that is a NON-natural state of affairs and the monopoly should expire within a certain time frame, so balance may be restored. That is how civilization progresses..... through the liberated flowing of ideas among all the minds of humanity. Let the author have his monopoly, but only long enough that he is compensated for his labors, and nothing further.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:I agree with RIAA by clone53421 · · Score: 1

      And that patent law and copyright law are very, very different beasts for just this reason, right?

      Patent law and copyright law are very, very different because artists and inventors had different lobbyists.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    8. Re:I agree with RIAA by Securityemo · · Score: 1

      Between music and patentable ideas that is, not between a combination spor and earwax auger and "Imagine".

      --
      Emotions! In your brain!
    9. Re:I agree with RIAA by blair1q · · Score: 1

      It's always been against copyright law to poach distinctive characters, infinitely so if you use the same names and settings. Characters aren't merely ideas unless the idea is the entire character. "Hooker with a heart of gold," or "fish out of water," or "super-spy" are ideas you can't copyright, but characters that are cliche'. "Irma la Douce" or "Aquaman" or "James Bond" are characters you can copyright, though by now they've become so generically smeared into their cliche'd cores you'll have to use their names to infringe, except for maybe Aquaman, but that's because nobody gets how he's so special anyway so he's never been copied...

    10. Re:I agree with RIAA by blair1q · · Score: 1

      You argued that there was a difference, by pretending that one was always more serious than the other. I argued that your ordering was inept. But just in case you don't really know the difference:

      Copyrights protect the rights of those who produce recordings and performances without regard to ideas. Patents protect the rights of those who produce ideas of utility without regard to expression.

      I can take the ideas in your story or song or picture and use them to create my own story or song or picture, I just can't use your words or notes or images or anything remarkably close to them, even if I am expressing other ideas with them.

      On the other hand, I can take the exact words of your patent and sell copies of them, since they are now public property. But if I change the words into other words of any kind that express the same idea and try to get my own patent, it should be denied (the effectiveness of this depends on the skill of the examiner, but the law is quite clear), and if I transform the ideas in those words into the thing they describe, I can't sell it.

    11. Re:I agree with RIAA by blair1q · · Score: 1

      Nope. It's because they're dualistic:

      http://slashdot.org/comments.pl?sid=1764804&cid=33360770

    12. Re:I agree with RIAA by clone53421 · · Score: 1

      They’re both ideas. They’re just protected differently. Because they had different lobbyists.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    13. Re:I agree with RIAA by jeffasselin · · Score: 2, Funny

      "Who is this Jefferson you are quoting?"

      - A Texas High School graduate.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    14. Re:I agree with RIAA by blair1q · · Score: 1

      You seriously didn't just read what I wrote and still think that expression and idea are the same thing.

    15. Re:I agree with RIAA by clone53421 · · Score: 1

      The expression of an idea is just an idea expressed. An expression is worthless if it contains no ideas.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    16. Re:I agree with RIAA by blair1q · · Score: 1

      What is the idea expressed in this sequence of notes?

      C C C A B C C B A C
      C C C A B C C B A C
      C C C A B C C B D C
      C C C A B C C B A C

      Because the expression of it, the order of the notes, is copyrighted by me, as of now, as its creator, per the Berne Convention.

      What it means to you is up to you. I just expressed it and expect to be paid if it's performed, reprinted, or copied into another tune.

    17. Re:I agree with RIAA by clone53421 · · Score: 1

      Which, of course, is bullshit.

      Not all ideas can be expressed in words, anyway. Music is a language to itself.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    18. Re:I agree with RIAA by DrJimbo · · Score: 1

      You do know that both copyright law and patent law stem from the same clause in the Constitution, the one theaveng was suggesting we amend to bring it in line with the laws passed by our corporate controlled Congress, right?

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    19. Re:I agree with RIAA by Anonymous Coward · · Score: 0

      In the United States, copyright was established with map makers in mind. Artists of any sort have sort of taken the thing.

    20. Re:I agree with RIAA by TangoMargarine · · Score: 1

      There's nothing I love more than an asterisk that never leads anywhere. They seem to really like to do that in ads these days. Or has it turned into a kind of "buyer beware, this-is-an-outright-lie sarcasm mark"?

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  10. If this goes through by nebaz · · Score: 1

    Say goodbye to youtube in its entirety. The risk of liability would be too great, it would turn into another hulu. What would happen to user generated video content?

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:If this goes through by Antisyzygy · · Score: 1

      If the RIAA got their way Youtube would become a whore to the big media corps basically. You would get to pay subscriptions to watch trailers and snippets from movies/music videos without getting the right to download it and use at your leisure. Then they would advertise before and between every snippet you watch, further lining their pockets with ad-revenue, while convincing you to watch the movie or buy the music to the video you are currently watching snippets of.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    2. Re:If this goes through by design1066 · · Score: 2

      Hey, there always "America's Funniest Home Videos"!

    3. Re:If this goes through by spyfrog · · Score: 1

      Big media doesn't want user generated content because they don't own it and don't make any money from it.

  11. a better law would disband the RIAA by Dan667 · · Score: 4, Insightful

    they are a monopoly and certainly do not help the Artists they say that are representing.

    1. Re:a better law would disband the RIAA by PPH · · Score: 1

      They don't represent the artists. They represent the copyright holders (the recording and distribution companies).

      Let the artists get together and release their work through different channels under different contract terms. They can shop around for other industry representatives to defend their IP. Or go it alone.

      Let the RIAA wither and die. If they interfere, then the DoJ can throw the Sherman Antitrust Act at them.

      --
      Have gnu, will travel.
    2. Re:a better law would disband the RIAA by Delarth799 · · Score: 1

      Well that probably won't happen considering more and more people at the DoJ are former members of the **AA and other big industry execs who support them.

    3. Re:a better law would disband the RIAA by Anonymous Coward · · Score: 0

      You know, a motivated but small group could do this using the overly expansive drug laws. Plant 100 g of crack in every RIAA and home of top level managers, call the cops, and wait for the frivolity. It is sure that most of them have the cops on retainer, how else could they get away with using as much Coke as they do, but at least a few should end up in jail for 10 years, and have all their stuff auctioned off.

    4. Re:a better law would disband the RIAA by TheVelvetFlamebait · · Score: 1

      Monopolies are not illegal, and I think that's the business of artists to decide for themselves. Perhaps some intervention is needed if their contracts are misleading, but I haven't heard of any complaints in that respect.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    5. Re:a better law would disband the RIAA by Dan667 · · Score: 1

      actually they are illegal.

    6. Re:a better law would disband the RIAA by TheVelvetFlamebait · · Score: 1

      Where does it say that it's illegal to better at your job than anyone else?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    7. Re:a better law would disband the RIAA by VGPowerlord · · Score: 1

      they are a monopoly

      No they aren't, because the RIAA is actually composed of 5 major record labels.

      These companies form an oligopoly, and the RIAA is their cartel.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    8. Re:a better law would disband the RIAA by Dan667 · · Score: 1

      which is acting in a monopolistic fashion. Collusion is illegal, hence a monopoly.

  12. Apperantly ? by grub · · Score: 0


    Apperantly somebody's spell checker isn't working.

    .

    --
    Trolling is a art,
    1. Re:Apperantly ? by Anonymous Coward · · Score: 0

      Apperantly somebody's spell checker isn't working. .

      I think yours is broken too.. It is "Apparently"

    2. Re:Apperantly ? by mcgrew · · Score: 1

      Dew knot truss yore spill chucker.

    3. Re:Apperantly ? by Anonymous+Cowpat · · Score: 1

      Hold on to your hat!

      Whooooooosh!

      --
      FGD 135
  13. My turn by Voyager529 · · Score: 4, Insightful

    Let's deal, Cary...

    -Since every CD I buy today says that downloading music has the same effect as stealing a disc, make the punishment for downloading the disc the same as physical theft.

    -Hold Rapidshare responsible for their hosting of copyrighted content, but you pay double if the content is found to be uninfringing.

    -Allow me to write my own music to which I own the copyright and stream it over the internet without having to pay you royalties.

    -Show that monies collected from copyright infringement cases (less court fees) literally go to pad the pockets of the artists you claim to protect. For added sympathy, use some to fund school music programs to encourage the next generation of musicians.

    And, as a personal request:

    -Stop using Autotune as an effect. It's annoying.

    1. Re:My turn by odies · · Score: 0, Redundant

      -Allow me to write my own music to which I own the copyright and stream it over the internet without having to pay you royalties.

      Why, exactly, you cannot do this currently? Because every single artist on the planet can.

    2. Re:My turn by canajin56 · · Score: 3, Insightful

      You can if you only play your own music. Basically what he's saying is that a webcaster needs to pay the Copyright Royalty Board royalties on music, period, even if the CRB doesn't represent the copyright owner. That's because their statutory license deal is "0.33 cents per listener per hour" not "per listener per hour of stuff WE own" just per hour your stream is active. So, if you give your CD to a webcaster to play, they still have to pay royalties on it even if you give them permission to play it at no charge. The webcaster doesn't "have" to agree to these terms, but if they don't they can only play music with written permission of both the copyright owner and the label representing the copyright owner.

      --
      ASCII stupid question, get a stupid ANSI
    3. Re:My turn by Anonymous Coward · · Score: 0

      You clearly have no idea what your talking about. Do your own research instead of sucking down the party line presented here.

    4. Re:My turn by darien.train · · Score: 1
      Interesting deal. Hard to enforce.

      Stop using Autotune as an effect. It's annoying.

      Autotune is and has been used for a long time without your knowledge to alter individual voice pitches without the sustained pitch bend that's so noticeable today. It's just a particular setting you don't like, not Autotune. I'm sure Autotune is propping up a bunch of artists you already listen to (as it is for a lot of the artists I listen to), it's just set to "not-annoying" so you don't notice it.

      --
      I don't know how many years on this Earth I got left. I'm going to get real weird with it. - Frank Reynolds
    5. Re:My turn by Drakkenmensch · · Score: 1

      Stop using Autotune as an effect. It's annoying.

      When have they ever used auto-tune as an effect? They use it as a full-fledged talent substitute.

    6. Re:My turn by Voyager529 · · Score: 1

      ergo the qualification of "as an effect". I don't mind using Autotune as a correction tool. The difference between Autotune as a correction tool and as an effect is that in the case of the former, as you pointed out, it's not noticeable - as it should be. In the latter, it's use is intended to be audible, and THAT is annoying.

    7. Re:My turn by darien.train · · Score: 1

      True true although I think people back in the day said the same thing about distortion as an effect (it's not an effect, it's a problem!). Distortion had been alive and well for quite some time when I was born so I have no hard information to back up that claim.

      --
      I don't know how many years on this Earth I got left. I'm going to get real weird with it. - Frank Reynolds
    8. Re:My turn by MarkvW · · Score: 1

      A lot of what you suggest is goofy nonsense, but I like one idea very much.

      Make copyright law draconian, but make the plaintiff compensate the wrongfully accused defendant three times his actual attorney fees plus any damages and any pain and suffering.

      The RIAA would actually have to investigate claims before making them. That would be a big improvement.

  14. Sounds average for them by meerling · · Score: 1

    Didn't they already try to get the safe haven provisions in the DMCA revoked? (and failed)

    1. Re:Sounds average for them by Anonymous Coward · · Score: 0

      Well, they'll just try again and again and again until one day nobody else pays attention and they succeed.
      That's how politics work in general, btw - when they not just flat out "support" their favourite guys until they are in public office, that is.

  15. Excellent! by Anonymous Coward · · Score: 0

    With all the RIAA crap removed from YouTube and so on, it will be easier to find stuff by the good artists. I find myself enjoying music more since I stopped buying the RIAA CDs, so this looks like more improvement along the same line.

  16. Totally Illogical by Anonymous Coward · · Score: 0

    As always, how can a third party (party C/ISP/service provider) ever be held legally responsible for accurately determining if party A has infringed on party B's IP/copyright? There is no way for them to determine definitively what is copyrighted and what is covered by fair use. Courts often have a hard time doing it, there is no way for a company to do it accurately. It's even more ridiculous when the third party has in (huge) excess of a GB of information uploaded every minute.

  17. Informal... what? by AndyAndyAndyAndy · · Score: 3, Insightful

    "The RIAA would strongly prefer informal agreements inked with intermediaries"

    How is an agreement that is written down somewhere considered "informal?"

    --
    It's always confirmation bias!
    1. Re:Informal... what? by Somewhat+Delirious · · Score: 1

      RIAA: If you could just sign this "informal" agreement in blood here, here and uhhh if you could sign over here as well? Don't worry that last signature is just a formality to forfeit the souls of all your offspring for all eternity. Thank you very much.

      --
      The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
    2. Re:Informal... what? by tibit · · Score: 1

      They prefer those agreements to be "inked". Wow. They are learning the language of Nigerian princes very fast. I guess they are all in the same league...

      --
      A successful API design takes a mixture of software design and pedagogy.
    3. Re:Informal... what? by shentino · · Score: 1

      It simply means they want to get chummy with gentlemen's agreements so that they don't have to go through legal channels every time.

      If they can pay off, or muscle, a service provider into doing their dirty work for them, huzzah.

  18. Holy protection racket ... by gstoddart · · Score: 5, Insightful

    Wow, that just sounds like something out of a bad gangster movie ... "we'd like to reach an informal arrangement wit youze, but if we can't, we'd be willing to force one on you".

    What will be enough for these people? Everybody just simply tithes to them?

    They want the entire world to be beholden to, and policing, their copyright. At some point, they're actually doing society more harm than good. These people aren't even the ones "creating" anything -- they're just the ones using funny math to prove they're losing money hand over fist so they can avoid paying the actual creators. A bunch of middlemen skimming off the top don't contribute anything.

    Sadly, I'm mostly preaching to the converted, and I fear bitching about it won't help.

    --
    Lost at C:>. Found at C.
    1. Re:Holy protection racket ... by Securityemo · · Score: 2, Insightful

      They're neutral evil. They do what's necessary to get ahead, including pretending to be victims, pretending to be lawful neutral, lying about working for the artists when they're ripping them off...
      I'm not saying that everyone inside the RIAA is a psychopath but, the organisation as a whole is. And whomever is in charge probably is. They cannot possibly shelter themselves from reality to the degree that they could not notice the evil and misery they are causing. And if they are psychopaths, they're laughing at our weakness.

      --
      Emotions! In your brain!
    2. Re:Holy protection racket ... by elrous0 · · Score: 1

      They'll only be satisfied when the internet is closed up and the only way to put up a webpage or blog, or even post a message, is to get the content vetted through the RIAA/MPAA first (for a nominal fee, of course).

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:Holy protection racket ... by Angst+Badger · · Score: 1

      At some point, they're actually doing society more harm than good.

      The music industry has always been doing more harm than good. If you think artists are getting screwed now, you should see what was happening to them thirty or forty years ago.

      The only thing that has changed recently is that the Internet has provided an alternative, low-cost distribution channel and promotional medium that obsoletes the RIAA racket. The only reason the RIAA is still around is that musicians, like artists in general, are terrible businessmen, and relatively few have figured out how to make money with the new medium. Given enough time, someone will figure out a generally applicable model, and everyone else will follow suit. That's the eventuality that the RIAA is desperately trying to forestall.

      What will be enough for these people? Everybody just simply tithes to them?

      Exactly.

      --
      Proud member of the Weirdo-American community.
    4. Re:Holy protection racket ... by Anonymous Coward · · Score: 0

      At some point, they're actually doing society more harm than good.

      We passed that point approximately one DMCA ago.

  19. Tough shit, Cary by blair1q · · Score: 3, Interesting

    Youtube et al are not responsible for uploads.

    They can take down material you identify as infringing, identify infringing users to you under court order, and you can sue the users.

    That's how civil law works. You don't punish people who aren't doing anything wrong.

    And if it's too expensive for you to make money with your business model, you shut down your business and let life go on.

    Copyright will work fine in those instances where it matters, and in those instances where it doesn't, well, you can't squeeze blood from a stone.

    I'm sure they taught you that at B-school.

    1. Re:Tough shit, Cary by tophermeyer · · Score: 1

      Youtube et al are not responsible for uploads.

      But how can a business that runs a website not be considered responsible for the content that is displayed on that website?

      So they've set up an automated uploading process? Great! But just because they don't have to manually review each submission doesn't mean that they are absolved of their responsibility for the content they display. If I closed my eyes and wildly uploaded random videos to my personal website I would still be responsible f some of that content turned out to be infringing on a copyrighted work.

    2. Re:Tough shit, Cary by dnahelicase · · Score: 1

      And if it's too expensive for you to make money with your business model, you shut down your business and let life go on.

      Copyright will work fine in those instances where it matters, and in those instances where it doesn't, well, you can't squeeze blood from a stone.

      I'm sure they taught you that at B-school.

      I'm not sure what B-school you went to or got your MBA from, but that is not the case. They teach you to sue and scare the shit out of as many people you can, especially politicians. If you can scare business executives that cooperation is the only way to avoid tighter regulation, and you can convince politicians that pirates are stealing money from starving artists (or at least convince them its politicial suicide to stand up for the pirates)...then you win.

      Changing your business model is very expensive, complicated, and uncertain for your investors.

    3. Re:Tough shit, Cary by sstamps · · Score: 1

      Simple. When you provide your website as a service to others to display their own content, you have only a limited amount of responsibility for what is displayed, simply because you AREN'T responsible for what the users upload; THEY are. It is technologically and humanly infeasible to accurately determine what is and is not legitimate content.

      That is why the law (correctly) puts the onus on copyright holders to protect their own content. Simply because it is significantly infeasible to do it any other way.

      You get it right in your last sentence.. your ISP wouldn't be responsible for uploading random videos to your personal website, YOU would be. Youtube falls under the auspices of the "common carrier" legal distinction, precisely because it NEVER has any ownership in the content uploaded to its site that it displays to everyone.

      That said, they DO have a responsibility to stop being a secondary (known in legal vernacular as a "vicarious" and "contributory") party to displaying content not owned or licensed by the person uploading it. That's where the DMCA comes in, and where even big copyright holders have to step up to the plate to defend their works, just like everyone else.

      It is also why copyrights are super-cheap to obtain. If we really want the government or big industry to police them for us, someone has to pay for it. So, which would you rather have: 1) Cheap copyrights that you have to police yourself, or 2) Expensive (talking thousands of dollars each) copyrights that some other big bureaucracy polices for you?

      Given the odious nature of copyrights in the natural order of things to begin with, I know which one *I* would choose.

      --
      -SS "Teach the ignorant, care for the dumb, and punish the stupid."
    4. Re:Tough shit, Cary by blair1q · · Score: 1

      I went to the B-school where they taught me always to be the stone, and that businesses sometimes deserve to fail, and that investors are a nuisance once you have their money.

  20. Translation by Anonymous Coward · · Score: 0

    We're not making enough money suing old ladies who don't know what a computer is much less what to do with it (and don't listen to hip hop). We're having a hard time getting collages to police their network for us. We can't seem to make enough money threatening people who we think have downloaded music illegally. We have spent too much money paying lawyers to keep our good (yeah lmao)name out of the papers and we need more money so who else can we terrorize? Yeah go FUCK OFF. Shoehornjob

  21. Dear RIAA by whisper_jeff · · Score: 0

    Dear RIAA,

    Fuck off.

    ©2010, whisper_jeff

  22. The food was awful, and the portions small! by Draque · · Score: 3, Insightful

    Now correct me if I'm being blindingly stupid here, but is Sherman suggesting that because there is a systemic problem with copyright law, that we make more of it?

    1. Re:The food was awful, and the portions small! by TheVelvetFlamebait · · Score: 1

      Yes. Because there is a systemic problem, he's suggesting that we improve it. See, there are other ways to fix something than to just throw it away.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  23. Logic. by santax · · Score: 1

    How about not being able to get rights from waves of air? Would that be a bit more logical maybe?

    1. Re:Logic. by Anonymous Coward · · Score: 0

      Oh because all the money in your bank account is so 'real', and you wouldn't mind if the afforded protection it currently receives is revoked?

    2. Re:Logic. by santax · · Score: 1

      Always an AC. That money on my bank comes from music. My live-performances. Just as it should be. What a utterly idiotic comparison btw. I can imagine you would say something like that as AC.

  24. Hey, I agree with him... by Anonymous Coward · · Score: 1, Insightful

    when he says copyright law isn't working.

    Since it isn't working, let's do away with it.

  25. In related news... by RingDev · · Score: 1

    Apparently not satisfied with the current scope of the minimum age of concent laws, NAMBLA President ????? wants to broaden the scope of the law.

    -Rick

    (note, you'll have to excuse me for not digging up the name of the NAMBLA president from work.)

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    1. Re:In related news... by dangitman · · Score: 1

      (note, you'll have to excuse me for not digging up the name of the NAMBLA president from work.)

      You work for NAMBLA? Wow, tough gig.

      --
      ... and then they built the supercollider.
  26. Yes the law isn't working by Atrox666 · · Score: 2, Insightful

    The RIAA is allowed to rip off the very people the law should be protecting.
    Copyright law should protect authors and artists not non value added resellers.
    Its members have been nailed in payola scam after payola scam without any serious repercussions. Price fixing on a massive scale and "Record company accounting" is well known for forcing artists to pay for the privilege of earning money for them.
    Any just law in the public interest would reduce their profits to a small percentage of the net.

  27. Posible Court Defense? by Picass0 · · Score: 2, Interesting

    "..Since every CD I buy today says that downloading music has the same effect as stealing a disc..."

    I wonder if any attorney has tried using this in court? If there is actual RIAA literature out there saying the downloading of music is the same as theft of a CD, wouldn't that establish a monetary value of the content and hence limit the financial liability of the downloader/filesharer?

    1. Re:Posible Court Defense? by gstoddart · · Score: 1

      If there is actual RIAA literature out there saying the downloading of music is the same as theft of a CD, wouldn't that establish a monetary value of the content and hence limit the financial liability of the downloader/filesharer?

      No, because they already bought the law that places the statutory damages at something like $250K for each infringed work.

      If they accepted a 1:1 value for downloaded music, those lucrative court settlements wouldn't be nearly as fun or profitable.

      --
      Lost at C:>. Found at C.
    2. Re:Posible Court Defense? by Anonymous Coward · · Score: 0

      They'll just claim you stole it an unknown number of times, or pick an arbitrary high number "just in case", like 5000.

      Assuming such thing would have any legal weight anyway, which it probably wouldn't due to some legal bullshit where a different company than is suing you published that information etc.

    3. Re:Posible Court Defense? by Anonymous Coward · · Score: 0

      Perhaps it's because most people that end up in court are sued for uploading too. That's where the high damage amounts come from.

    4. Re:Posible Court Defense? by dissy · · Score: 1

      Not likely.

      However it would be a pretty slam dunk 'poke in the eye' counter suit when the RIAA wins their copyright violation case, you can sue for slander for being accused of a crime that you did not commit, was not found guilty of in a court of law, and they knew full well you did not commit.

      Of course you try not to get caught on the copyright violation part in the first place.. But if you are already there, might as well harass them with the law (They clearly don't mind)

    5. Re:Posible Court Defense? by Anonymous Coward · · Score: 0

      Cue endlessly-rehashed Slashdot comment:

      Downloading music may be the same as the theft of a CD, but uploading music to others (via P2P) is more like burning copies of the CD and giving them to other people.
      The way I see it, if you are the first person ever to upload a CD onto a P2P swarm, 5 people download that CD from you, and that exponentially spreads to thousands, then you're primarily responsible for those thousands of copies.

      It's more complicated than "downloading", when you get P2P in the mix. If you just downloaded a disc image from a server and never shared it with others, then I don't think that you're really responsible for anything beyond the value of one disc, and I would fervently argue against anyone that thinks otherwise.

      Not that I support the ridiculous amounts of damages they claim nor the methodology they use to get to that number.

    6. Re:Posible Court Defense? by Anonymous Coward · · Score: 0

      Except that the RIAA always gets people for *sharing* music, not just for downloading a copy. Their logic essentially boils down to "The entire population of western Europe could have downloaded this track from her and she can't prove they didn't, so we should penalize as if they did."

    7. Re:Posible Court Defense? by rdnetto · · Score: 1

      They haven't, because (as far as I am aware) no one has ever been sued for downloading content - all the cases thus far have been for uploading, usually due to the way in which Kazaa shares all downloaded files by default. I don't know if anyone has ever been sued for seeding a torrent when they were not the initial seeder.
      This is due to the nature of copyright law - one infringes copyright by reproducing a work, and only an uploader can do that (as the downloader doesn't have a copy to reproduce). Simply downloading a song isn't an offense on your part.

      --
      Most human behaviour can be explained in terms of identity.
  28. definitely something isn't working by roman_mir · · Score: 2, Informative

    Here is the main content of TFA:

    RIAA President Cary Sherman said the 1998 Digital Millennium Copyright Act contains loopholes that allow broadband providers and Web companies to turn a blind eye to customers' unlawful activities without suffering any legal consequences.

    "The DMCA isn't working for content people at all," he said at the Technology Policy Institute's Aspen Forum here. "You cannot monitor all the infringements on the Internet. It's simply not possible. We don't have the ability to search all the places infringing content appears, such as cyberlockers like [file-hosting firm] RapidShare."

    - you see, DMCA isn't working for RIAA.

    In response to a question from CNET, Sherman said it may be necessary for the U.S. Congress to enact a new law formalizing agreements with intermediaries such as broadband providers, Web hosts, payment processors, and search engines.

    The RIAA would strongly prefer informal agreements inked with intermediaries, Sherman said: "We're working on [discussions with broadband providers], and we'd like to extend that kind of relationship--not just to ISPs, but [also to] search engines, payment processors, advertisers."

    - makes sense, make it increasingly difficult for US economy to survive.

    Last week, the RIAA and a dozen other music industry groups called on Google and Verizon to crack down on piracy, saying in a letter that "the current legal and regulatory regime is not working for America's creators."

    - RIAA considers itself a 'creator' apparently.

    Clearly the law is not working. The correct fix is to abolish patent and copyright law altogether. There should be nothing of the sort, all government intervention into economy must stop, and this does include creating any sort of barriers of entry into any industry. Copyrights and Patents are like any other regulations, are designed to make competition less likely, to make the monopolies of the existing powers more persistent and pervasive, this of-course helps the government to maintain its power in a number of ways: obviously government makes much more money from monopolies than from actual competing businesses, who wouldn't bother giving the government officials those nice fat bri.. contributions.

    All government regulations do this: they tax, they subsidize, they regulate, all that it ends up doing is creating barriers to entry, creating moral hazards, helping big monopolies and destroying competition, all of this of-course helps government officials but totally works against sound economy and competition.

    Copyrights and patents must be abolished, that is the correct way to help the economy and not by helping some specific people to maintain their monopoly while giving them ability to drag any competition through a bought court system with their ill gained money.

    1. Re:definitely something isn't working by crosbie · · Score: 1

      Hear hear!

    2. Re:definitely something isn't working by Anonymous Coward · · Score: 0

      Here is the main content of TFA:

      RIAA President Cary Sherman said ..."The DMCA isn't working for content people at all,"

      Perhaps if they were given absolute control over all things, we could just defer to the RIAA's benevolence? It's unfortunate that, because of their unwillingness to roll with their market's evolution, that consumers are going to have to endure a few years of unpolished media, waiting for new players to get up to speed with the available tools.
      Then again, realty TV certainly ingrained the notion of content over style. Are there any amateur troupes interpreting and producing digital content from Project Gutenberg's efforts, yet?

    3. Re:definitely something isn't working by coolmoose25 · · Score: 1

      Abolishing copyright and patents won't accomplish anything. Why would I work days and days, weeks and weeks, perhaps years and years to write a book, and then not be able to profit from it's publishing? I LIKE copyrights. I write software. Of course I want it. Same thing goes for songwriters and performers. If they want, they can opt out of copyrights. But the majority will want to be able to cash in on their hard work.

      What is needed is reform of the copyright system, not abolition... I like the 14 years idea. And agree that the current system sucks. But it's abolition isn't the answer.

      --
      Brawndo: It's what plants crave!
    4. Re:definitely something isn't working by roman_mir · · Score: 1

      What you like does not matter at all, the question is what is good for economy, and economy is suffering from being strangled by regulations and laws like patents and copyrights. It absolutely does not matter what individual preferences are, in fact who cares at all about your copyright or mine? Nobody except for you personally, and you personally do not make the market. Choice of any person before the copyright law always was: release your work or not, nobody FORCES anybody to release their works, you wouldn't be forced either, but in the market with no patents and copyrights, the market would blossom with new ideas, that are strangled by lawsuits based on these laws or even simply by idea that lawsuit can be brought, so many don't even try to develop their ideas because they'd be going against the existing law.

      Your argument is false because you are comparing apples to oranges, you are comparing your current status to this hypothetical status without copyrights/patents, but what you have to be comparing is conditions of market today and conditions of market if there was no patent/copyright law at all. In the first case we know what is happening, in the second case the competition would be much stronger and we would see more innovation, not less, we would see more products and choices, not less, because EVERYBODY would be playing in the same exact market, by the same rules, and people don't just sit there, not trying to do anything, waiting to die from starvation because the laws are not as favorable for them as they could have been.

      In case of a market with now competition impediments we would only get a more perfect quality/price/quantity/idea ratio, not less, especially given the fact that there are more and more people entering the field. The more people enter every field, the more resources there are there to innovate and produce.

    5. Re:definitely something isn't working by winwar · · Score: 1

      "Why would I work days and days, weeks and weeks, perhaps years and years to write a book, and then not be able to profit from it's publishing?"

      You realize that prior to copyright and patents people routinely profitted from their works? And despite the fact that people routinely ignore patents and copyrights today, people still profit from their works? That isn't going to change. And there is no reason that digital products can't be treated as a physical good and their penalties for reproduction set the same as taking a physical copy. People will pay for stuff. It serves as an excellent filter.

  29. Here is the Deal by Anonymous Coward · · Score: 0

    You can have everything you want....... for a price.

    The price being that the date of copyright must be public information and the length of Copyright drops to 365 days at which point the work goes permanently into the public domain. No exceptions, no exclusions.

    Failure to publish the date of copyright automatically voids the copyright and places the work into the public domain.

  30. eventual outcome... by johnhp · · Score: 1

    The RIAA will either be cowed by an informed public that passes intelligent copyright laws... or some day, some person, will escalate this to a violent level.

    As is, the RIAA can, through it's government proxies, send armed men into your house to throw you on the floor, handcuff you and haul you away. Eventually someone will reverse this situation and do that to a leader of the RIAA.

  31. The big Picture by FudRucker · · Score: 5, Informative
    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:The big Picture by Anonymous Coward · · Score: 0

      What absolute rubbish. Which exact contract does that picture apply to? Oh, no citation, and no admission that every artist in the industry is on an individual contract.

      People here seem to have an idea of the 'record company' that only applies to a tiny minority of the industry. It's just a useful trope to assuage the guilt of avoiding remunerating artists.

      I'm on 50/50 profits with my record company, and they do an enormous amount of work that would be totally impractical for me to do myself. No one says game programmers should all leave the companies who employ them and somehow find the millions of investment it takes to make a commercial game, or film cameramen go it alone and write the scripts and act and direct their own movies, so why can't I have a record company?

    2. Re:The big Picture by TheVelvetFlamebait · · Score: 1

      Citations will not come between a pirate and his booty. :-(

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    3. Re:The big Picture by Anonymous Coward · · Score: 0

      I suspect that it's entirely accurate. I mean, really, if you are going to argue lack of proof for someone else's assertion, the very least you could do is offer a shred of proof for your own.
      Otherwise, y'know, crawl back to the MAFIAA, ya friggin' shill.

  32. ... what about the people ? by redelm · · Score: 1

    Uhm ... er ... just why does the RIAA think it can write laws? Merely because they've had success in the past influencing legislation does not mean they have a right to such influence continuing.

    1. Re:... what about the people ? by thestudio_bob · · Score: 3, Informative

      Uhm ... er ... just why does the RIAA think it can write laws? Merely because they've had success in the past influencing legislation does not mean they have a right to such influence continuing.

      Because the paid damn good money to get their guys into office!

      • Gershengorn, left, a partner with RIAA-firm Jenner & Block, represented the labels against Grokster (.pdf) and will be in charge of the DOJ Federal Programs Branch. That’s the unit that just told a federal judge the Obama administration supports monetary damages as high as $150,000 per purloined music track on a peer-to-peer file sharing program.
      • Donald Verrilli, associate deputy attorney general — the No. 3 in the DOJ, who unsuccessfully urged a federal judge to uphold the $222,000 file sharing verdict against Jammie Thomas.
      • Tom Perrilli, as Verrilli’s former boss, the Justice Department’s No. 2 argued in 2002 that internet service providers should release customer information to the RIAA even without a court subpoena.
      • Brian Hauck, counsel to associate attorney general, worked on the Grokster case on behalf of the record labels.
      • Ginger Anders, assistant to the solicitor general, litigated on the Cablevision case.

      Source Obama Taps 5th RIAA Lawyer to Justice Dept.

      --
      The real Sig captains the Northwestern. This one captains /.
    2. Re:... what about the people ? by Nyder · · Score: 1

      Tom Perrilli, as Verrilli’s former boss

      Seriously, what are the odds of that? 1 letter difference between the last names?

      --
      Be seeing you...
    3. Re:... what about the people ? by dyingtolive · · Score: 1

      Oh come on, they're a MAFIA! You only have so many stereotypically Italian names to pick from!

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
  33. Reality Check by John+Pfeiffer · · Score: 1

    People NOT the RIAA President saying 'trying to sell garbage at a premium' isn't working.

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  34. Translation: by Locke2005 · · Score: 3, Insightful

    "Nice file sharing site you've got here... be a shame if anything should happen to it!"

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Translation: by DeadPixels · · Score: 1

      We may joke about it, but that's very similar to how the RIAA goes about suing people. "Look, we think you stole songs, so we'll offer to settle for $5,000. After all, your legal fees would be much more than that anyway." The problem is that even an innocent person can't afford to fight. It amounts to extortion.

    2. Re:Translation: by Anonymous Coward · · Score: 0

      Indeed, but see, this cuts both ways, doesn't it? I have a nice filesharing site (hypothetically), you visit it and crawl around on MY hard drive, and now YOU have a nice virus induced thermal meltdown of your CPU (hypothetically). That's what you get for visiting "questionable" sites, and intruding on personal dataspace.

      Of course, the above is only a "hypothetical" worst case scenario, but it could have been real, couldn't it?

      If the **AA's want to wage war on the general public, they MIGHT want to consider contingency plans on how to deal with the concept of M.A.D., because while Citizen Joe might not always have the wherewithal to fight back, the one out of a million who DOES, invariably, WILL, and only has to be lucky.......once.

  35. Translation: by Anonymous Coward · · Score: 0

    "When I had a bloody finger, I attempted a fix by cutting off my hand."

    "That didn't work, so now I propose cutting off the whole arm."

  36. So no more DSN as well? by Joe+The+Dragon · · Score: 1

    So no more DSN as well?

    as the RIAA can say it's the same as Google?

  37. moan...moan QQ 4u! by redelm · · Score: 1
    Losers blame others or "the System". Winners improve themselves.

    If the RIAA wants change, they could change their business model from milking an old back-catalog and do more to discover and develop new talent. When "British|American Idol" discovers more talent than the RIAA's combined A&R depts, they've slipped below Art Linkletter's "Tiny Talent Time".

    Phail, and not worth any life-preserver.

  38. Absurd by NiceGeek · · Score: 1

    I've personally seen situations where the copyright watch dogs have issued takedown notices on an artist's own YouTube channel. It was only a temporary thing, but if they can't be trusted to even know when it's obviously a legit posting, how can they be trusted for anything?

  39. So in other words by The+Hatchet · · Score: 1

    what they really seem to be saying is "He, I represent the modern day share-croppers. We steal shit tons of money from those who rightfully earned it while we did nothing but con them, we would like everyone in the world to pay us every time they think about anything we own, and we would then like to control the world and have so much wealth that nobody else on earth can live, they all die, and they we will be even more richer, and we want to blow up the universe, all while doing as little work as is humanly possible and spending virtually no money, while making a lot. Also, we refuse to make new and good things, we will just blame others when our businesses shit the bed, and new technology is the devil, only old technology can be used or else there is a chance people will find ways to think about our content without it. Mandatory brain implants for everyone, that charge them 50 bucks every time they remember something we stole from an artist via. legaleze bullshit." Or something incredibly similar.

    --
    Where is the mod rating for "scary"? Also, ...
  40. This is scary by cjcela · · Score: 1

    These people have a distorted, skewed view of how the world should operate. If you take that along with the fact that they are somewhat successful in managing to push their ideas into laws, it feels like they are dangerous for society at large.

  41. Middle Ground by jamesbulman · · Score: 1

    There has to be some middle ground / compromise in this battle.

    Producers need to acknowledge that making digital copies is not the same as physical theft.

    Consumers need to acknowledge that massive wholesale copyright infringement isn't good.

    How about limiting the copyright period for a work to when the producers has recovered their legitimate production costs * X (X to be debated)? Producers won't be driven out of business, consumers will get a chance to get their hands on the work for free in a reasonable time frame.

  42. Probably not by Anonymous Coward · · Score: 1, Insightful

    The problem is the internet grew beyond the original core 10% of people. the ones who had interesting stuff to say.

    Even if we revert to Archie and Veronica (those were the days) I guarantee that the signal to noise ration won't go down.

    Just look at usenet for chrissakes.

    1. Re:Probably not by jbolden · · Score: 1

      It wasn't 10% of people for very long. It was

      graduate students, military, BBS crowd and people in the sciences in the late 80s. That was like maybe .1%. In 1994 it exploded starting to double every 3 mo.

  43. Thats a nice constitution you have there... by Nadaka · · Score: 1

    *cracks knuckles*

    It would be a shame if something were to happen to it...

  44. The logic conclusion by Drakkenmensch · · Score: 1

    "Give us all the world's money!" clamors the RIAA. The world's population has yet to reply as they failed to give a damn.

  45. The Imaginarium of Cary Sherman by inshreds · · Score: 1

    Cary Sherman is another corporate spin-master trying to “whoa is me” approach to garner public support for his cause. The reality is that the DCMA already does absolutely extend to content provider such as YouTube and RapidShare. To illustrate, any IP holder may report any video found on YouTube as a violation of IP and submit a simple form to report the copyright violation:

    http://www.youtube.com/copyright_complaint_form

    Once received, YouTube takes down the content and sends a notification to the poster with details on how to counter the claim if so desired. RapidShare has a similar reporting process, albeit not quite so streamlined.

    I know firsthand that this process works as my wife spends 50% of her day “policing” the Internet sites such as YouTube to protect the IP of her employer. My wife's company has never once had to fight with YouTube, a major ISP, or content provider in the US, EU, or Australia to get copyright violations enforced. Thus, I would invite Mr Cary to cite even a single case where YouTube has ignored a DCMA infringement request. With that said, I believe Mr. Sherman's real purpose in this statement is to pave the way for legislation that will impose stricter fines and penalties, either on the infringer, or in a world of unicorn and fairies, on the content host directly.

    1. Re:The Imaginarium of Cary Sherman by suutar · · Score: 1

      I think his definition of 'isn't working' is more of 'takes more effort on my part than I feel like'.

  46. Copyright Law "Isn't Working" by thewiz · · Score: 1

    I think the words "in our favor" were omitted.

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    1. Re:Copyright Law "Isn't Working" by sstamps · · Score: 1

      They always are when it comes to "those people".

      With apologies to the rest of us for using the word "people" to describe them... .

      --
      -SS "Teach the ignorant, care for the dumb, and punish the stupid."
  47. They is a genius. by interval1066 · · Score: 1

    Millions of dollars & thousands of lives later, they figure it out.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  48. Hi Mr Shill by Anonymous Coward · · Score: 0

    You mixed up trademark law with copyrights.

    Youtube is working 100% within the existing laws. Big Media bought the DMCA, now they have to live with it.

    Maybe they should innovate, drop their prices and become competitive again.

    They want too much for what they're offering. A CD, dvd or blueray is worth MAYBE about $15.

    I stopped buying cds when the price went above $15. I stopped buying dvds when the price went above about $15.

    I now only buy the used versions from Amazon and Redbox and generally won't spend more than $7 for anything.

    Media is just that. Media. It doesn't advance society in any significant way other than providing a distraction from hard time and other productive work.

  49. Sounds familiar... by Anonymous Coward · · Score: 0

    Someone should leave a copy on Atlas Shrugged on this guy's front doorstep. I swear, an RIAA meeting must play out exactly like the directive meetings in the book:

    Point one: everyone will buy the same amount on cd's this month as last
    Point two: no new music will be produced
    Point three: all copyright belongs to the RIAA

    1. Re:Sounds familiar... by Somewhat+Delirious · · Score: 1

      Somehow I don't think leaving a book that favours values that do not compare unfavorably to that of a psychopath on this guy's doorstep will improve the situation.

      --
      The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  50. How about by Anonymous Coward · · Score: 0

    Developing a new business model and adapting to changing technology.....

  51. He's right, you know. by dwiget001 · · Score: 4, Insightful

    Copyright is not working for the people it is supposed to serve, namely, the public at large.

  52. Paper is the original 'recording' by bill_mcgonigle · · Score: 3, Insightful

    You do know he was talking about ideas, not recordings, right?

    You're contending that Jefferson advocated for ideas spreading across the globe, but only via word-of-mouth, never by written transmittal?

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:Paper is the original 'recording' by blair1q · · Score: 1

      I'm contending he knew the difference between idea and expression.

    2. Re:Paper is the original 'recording' by NeutronCowboy · · Score: 1

      I'm contending that he knew how one is at the root of the other, and how transmission of one enriches the world, while protection of the other can help stimulate it.

      Jefferson was fucking brilliant. Too bad most people have no idea why.

      --
      Those who can, do. Those who can't, sue.
    3. Re:Paper is the original 'recording' by commodore64_love · · Score: 1

      >>>I'm contending he knew the difference between idea and expression.

      Which is why he said (about transmission of ideas, books, music, inventions, etc): "Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine... That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature. Inventions then cannot, in nature, be a subject of property." - Jefferson

      Seriously. Can't you comprehend simple 1700s English?

      Twit.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  53. what a crock by Tootech · · Score: 1

    The RIAA isn't happy that they are bludgeoning people with lawsuits and their intent to " scare " people into not sharing anything that their clients have a vested intrest in isn't working, and even though they have got the politicians all wrapped in protection legislattion I guess they just don't have enough work for their team of ambulance chasing lawyers and of course the average joe can barely afford their judgements, so lets go after the people that have money...hey Youtube has cash...I bet the RIAA and their lawyers were salavating all over this.. but wait I thought they already had an agreement to take any copyrighted material off of the site....Hmmm... guess the RIAA see's gold in them there Youtube uploads....So get ready kids...The RIAA is on the greedy pursit of cash disguised as copyright infringment...

  54. Sherman proposes stoning by theNAM666 · · Score: 1

    Aspen, Colorado. From her weekend ranch home here, and apparently not satisfied with the current scope of her salary, RIAA President Cary Sherman declared she hopes to further criminalize copyright violations to include stoning of users of illegal content found on sites such as YouTube and RapidShare.
    "The RIAA would strongly prefer informal agreements inked with intermediaries such as YouTube, allowing their site admins the privilege of throwing the first stone. We're working on [discussions with broadband providers], and we'd like to extend this kind of relationship--not just to ISPs, but [also to] search engines, payment processors, advertisers...[If] legislation is an appropriate way to facilitate that kind of cooperation, fine. But we intend to sell video of each stoning on a pay-for view basis. We'd prefer voluntary agreements with these partners and not need to enact broader stoning laws without their cooperation, which would save them from being stoned themselves, of course," she declared.

  55. I'll second that. by HeckRuler · · Score: 0, Troll

    Fuck the mafRIAA and their extorting goons.

  56. RIAA enact laws? not... by Anonymous Coward · · Score: 0

    RIAA cannot enact laws. They can only seek enforcement of existing laws. Only Congress can enact laws.

  57. Ends Murky, Means Clear by bill_mcgonigle · · Score: 1

    Replace with "To enrich the sciences, arts, and culture of the People, by securing for fourteen years

    That turns out not to work to that end either.

    See here or here.

    Consider a book, a piece of paper, a pen and some ink. You copy that book. But that's an abstraction - what are you really doing? You're arranging your property in some fashion. You own the ink, you own the paper. You're putting your ink in certain places on your paper.

    So, Copyright, when deconstructed, is a promise to exact retributive violence again people who arrange their property in certain ways. The beneficiary is approximately one person, the threatened are, in this case, about 300,000,000 people.

    There may be a narrow utilitarian benefit in certain cases, but it's not clear at all that there's a net benefit, and the method of achieving that possible benefit is reprehensible. Unfortunately some business models depend on the system. Oh, well.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  58. Data privacy for all, or none by h00manist · · Score: 1

    We need to link data privacy with financial privacy. And make these things law, either allowed for all, or for none. I don't see why is it that a company can gather your browsing data and sell it, but the banks can't gather the financial data of politicians or executives and sell it. So if a government branch or company can buy my info, we can buy info on an executive, or representative, too.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  59. FTFY, RIAA by kheldan · · Score: 1

    "Apperantly not satisfied with the current scope of the DMCA, RIAA President Cary Sherman wants to broaden the scope of the law to have people liable for illegal content found in their brain's memory cells. 'The RIAA would strongly prefer mandatory cerebral implants ... We're working on [discussions with medical researchers], and we'd like to extend that kind of relationship--not just to adults, but [also to] small children, family pets, invertibrates...[But], if a corporate takeover of the government and the installation of a totalitarian regime is an appropriate way to facilitate that kind of cooperation, fine.' Notice the update at the end of the article pointing out that Sherman is seeking for voluntary agreements with said parents and to enact broader laws without their cooperation."

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  60. Hopefully it will just get more draconian by grapeape · · Score: 1

    Hell how about maybe making downloading a felony and give uploaders a mandatory jail sentence. The more extreme the more likely the lazy ass stupid sheep that still put up with this garbage will stop buying the crap the RIAA is peddling and learn that music is a personal experience not just accepting what some dude in a suit with lots of money thinks you should listen to. I stopped buying CD's and stopped listening to the radio years ago, if more stood up and did the same you would find that the RIAA would be rendered powerless pretty quickly. Just like politics, lots of people want to bitch and complain but very few have the balls to actually do their part...then they use the excuse that no one else is so why bother.

  61. Great potential for irony by Anonymous Coward · · Score: 0

    I personally think it would be hilariously ironic if the RIAA (whose President happens to be named Sherman) were the target of the Sherman Anti-trust Act.

  62. Dump Both Chumps by b4upoo · · Score: 1

    Copyright law and the RIAA can both take a flying leap. Who ever suggested that media that is broadcast or put on the net should support businesses of any type in the first place. The net and the air ways are for the people and not for making a living. It is these scabs that are the real thieves!

  63. How far does this pendulum have to swing? by erroneus · · Score: 1

    It will have to start swinging the other direction, but when? The absurdity has gone beyond my rational imagination LONG ago. And they still want more?!

  64. It's not their call. Read the DMCA. by Anonymous Coward · · Score: 0

    It's not their call. Read the DMCA. All you have to do is say that it is valid and then your stuff HAS to go back up, else you can take them to court for libel and damages. What it means is that when YOU make the counter-notice, that is then given to the complainant and then THEY can get the courts onto YOU, as opposed to Youtube.

    1. Re:It's not their call. Read the DMCA. by Red+Flayer · · Score: 1

      Which, in turn, doesn't stop Youtube from sanctioning your account and prevent you from posting videos. Even if they do have to put the video in question back up.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  65. Of course... by ProfanityHead · · Score: 1

    Of course copyright law isn't working.

    Traveling to other galaxies will never work either even if we enact laws to make it so.

    These guys just don't get it. There will always be people who steal intellectual property and there will always be people who pay.

    Why waste so much time and effort fighting a losing battle?

  66. Informal Contracts by Cajun+Hell · · Score: 1

    [This actually happened in real life. I am not making this up. The scene: government wanted to crack down on art, and some musicians journeyed to Washington DC to testify in a Senate hearing.]

    Senator Gorton: Mr. Zappa, I am astounded at the courtesy and soft-voiced nature of the comments of my friend, the Senator from Tennessee. I can only say that I found your statement to be boorish, incredibly and insensitively insulting to the people that were here previously; that you could manage to give the first amendment of the Constitution of the United States a bad name, if I felt that you had the slightest understanding of it, which I do not.

    You do not have the slightest understanding of the difference between Government action and private action, and you have certainly destroyed any case you might otherwise have had with this Senator.

    Thank you, Mr. Chairman.

    Frank Zappa: Is this private action?

    --
    "Believe me!" -- Donald Trump
  67. In other news, sky blue. Air transparent. by gestalt_n_pepper · · Score: 1

    Look, all it would take to make the RIAA copyrights to work is a police state where all communications were monitored for illegal entertainment viewing, all book checkouts and purchases tracked, and all "illegal glancing" at commercial broadcasts fined. We'll just start to have to dedicate a large part of every nations resources to this in order to save profits for media companies, preferably out of tax dollars.

    Don't think so.

    --
    Please do not read this sig. Thank you.
  68. RIAA need to put things into perspective by gilesjuk · · Score: 1

    I'd sooner efforts were spent cracking down on the crimes that really mess up people's lives. Murder, rape, drugs, burglary, people trafficing, robbery and so on.

    Media people not having as much money and musicians having to tour more is hardly the same level of devastation. They would all be bankrupt and there would be no music otherwise.

    The worst that can happen is the smaller bands have to work as well as be professional musicians.

  69. Counter by Anonymous Coward · · Score: 0

    I have a counter argument. How about we revoke all copyright law, and then I'll start buying your music again. Until that time, blow.

  70. Nope... by silviuc · · Score: 1

    It's the industry that's broken. They cling to their old ways of doing business and only delay what is inevitable... their demise. It's way easier today for a musician to record his/her own stuff and that is what actually scares the industry but they don't say that ;)

  71. Re:RIAA enact laws? not... by Somewhat+Delirious · · Score: 1

    You can if you own congress.

    --
    The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  72. Additional laws. by Anonymous Coward · · Score: 0

    Isn't it funny how they want additional laws when it favors them and are against them otherwise.

  73. lol by koan · · Score: 1, Insightful

    Yeah he checked his bank book and thought "the copyright law is broken"

    "The digital music business internationally saw a sixth year of expansion in 2008, growing by an estimated 25 per cent to US$3.7 billion in trade value. Digital platforms now account for around 20 per cent of recorded music sales, up from 15 per cent in 2007. Recorded music is at the forefront of the online and mobile revolution, generating more revenue in percentage terms through digital platforms than the newspaper (4%), magazine (1%) and film industries (4%) combined. "

    http://www.ifpi.org/content/section_resources/dmr2009.html

    How would I squeeze every last cent out of a clients art/music? Oh I wouldn't I'm a human.

    --
    "If any question why we died, Tell them because our fathers lied."
  74. A question - by Anonymous Coward · · Score: 0

    How much validation does a site to do when a DMCA/infringement claim comes in? Do they just take the word of the notice?
    What would happen if someone( or many someones) were to DMCA every commercial video on YouTube?

  75. Javascript can be copyrighted too by tekrat · · Score: 1

    So, at what point do we scan through every page of the RIAA's website, find out that they have "borrowed" copyrighted javascript functions, and then we ask their ISP to shut them down? Sue them, sue their ISP, sue their website developer. I mean, if they want to "extend" copyright law, then they need to find out it works both ways.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  76. OP much? by antant007 · · Score: 1

    Why do they think that they can order congress around, They shouldn't be able to just say that "we don't like this, change it" and have the law changed, laws are are _supposed_ to be made for all Americans not just monopolies.

    --
    GENERATION 9882463: The first time you see this, copy it into your sig & add a random number to the generation.
    1. Re:OP much? by tekrat · · Score: 1

      You must be new here.

      For the last... 30 years, at least, almost all laws passed in the USA have been about protecting and enriching large corporations at the expense of the American people.

      After all, the large corporations and special interests are the ones with lobbying groups, and they are the ones who pay Senators and Congressmen under the table, provide them with lavish vacations (aka hookers and blow), and generally provide the corruption needed to grease the wheels in their favor.

      And then you wonder how this country has gotten into the mess it's in...

      --
      If telephones are outlawed, then only outlaws will have telephones.
  77. We don't want to do it. You do it. by Anonymous Coward · · Score: 0

    We don't have the ability to search all the places infringing content appears

    But for some reason we fell that youtube, rapidshare, etc should be able to identify every place any copyrighted material, from anyone, appears on their site.

  78. they want a TOTAL boycott of product? by swschrad · · Score: 1

    next they'll ban sales of music instruments, pens and ink, and thoughts. somebody just shut these weasels down once and for all, and let's be done with this.

    the problem is with schmucks who want something for nothing. deal with them.

    copyright law works fine for everybody else.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  79. Video games have a gatekeeper by tepples · · Score: 1

    a bunch of bands have gone and ditched the record labels [...] No developer is forced to work with EA or Activision or Ubisoft or any of the large Publishers out there

    There is a difference between these two markets. Unlike CD-DA and Ogg formats for recorded music, the popular formats for video games have gatekeepers that approve or reject developers and approve or reject individual works. For example, a self-publishing video game developer has to be at least a certain size (big enough to have an office), or Nintendo and Sony will just ignore it. Notice that the Humble Indie Bundle was a PC exclusive. This has had the effect of restricting indie developers to only those genres popular among PC gamers, as opposed to genres more popular among console gamers.

    1. Re:Video games have a gatekeeper by Monkeedude1212 · · Score: 1

      But what, praytell, is a genre popular amongst consoles that isn't amongst the PC? Anything for the 360 or PS3 has just as strong a PC counterpart for it. The only exception to this is the Wii with it's motion sensing controller.

      And should you wish to develop for consoles, all you need to pay for is the licensing fee (which is usually pretty steep, this is really the only real barricade). But after that - you are basically free to operate as you want. If you want to make it on the Xbox live arcade, you have to code in their proprietary language, and if you want to make a game, then you have to go through a series of checks with Microsoft to get it to work with Xbox Live, but there really isn't anything stopping you from distributing it yourself after you've completed development.

      I mean, even as there are gatekeepers to the consoles, none of them have invested interest in keeping publishers around. No publishers means more individual developers, which means more licensing. Their business model is designed to work with or without the big boys.

    2. Re:Video games have a gatekeeper by DDLKermit007 · · Score: 1

      Actually it's fairly hard to get onto XBLA and PSN. Even big publishers play hell getting things onto the PS3. It's why as of late, if something shows up on the 360, and PS3, almost every time theres something exclusive to the PS3 version, and rarely the other way around with the 360. Look at Batman Arkham Asylum for a good example (Joker exclusive levels). Now if big dev's have to go through that BS JUST so they can release on either system, imagine what the small indie devs have to do. Heck, I've even got a prime example for you: Machinarium. Turned down purely from XBLA because it wasn't "exclusive" to XBLA. Which is hilarious because it's not like it was a shovleware game so many big devs have taken to. It was proven on the PC that it's a good game, and people dig it.

  80. Give them what they want, just a short time by Strych9 · · Score: 1

    I think they (RIAA) should have their draconian utopia. However the range / length of copyright should only hold for 5-10 years maximum retroactively. Why should the song "happy birthday" still be raking in money when patents only range about 20 years and cost a fortune to maintain. Public domain exists for a reason, otherwise you have lock-in on all ideas.

    They can take a long walk of a short pier.

  81. To Me by Anonymous Coward · · Score: 0

    This sounds like a threat more than anything else.

  82. Some one... by Anonymous Coward · · Score: 0

    PLEASE give this man a cookie.

    Did they figure that all out by themselves or did they spend millions coming to that conclusion.

    I vote for the latter... and I rest my case.

  83. Who could sue? by tepples · · Score: 1

    Basically what he's saying is that a webcaster needs to pay the Copyright Royalty Board royalties on music, period, even if the CRB doesn't represent the copyright owner.

    Who has grounds to sue me if I operate an Internet stream that plays music that I created, music under the appropriate Creative Commons license, and other recorded music that I have secured the right to perform publicly, and don't pay the CRB?

    The webcaster doesn't "have" to agree to these terms, but if they don't they can only play music with written permission of both the copyright owner and the label representing the copyright owner.

    As I understand it, a "record label" is defined as the copyright owner of a sound recording. Did you mean both the label and the "music publisher", which owns copyright in the underlying musical work?

  84. "Blame It" by Jamie Foxx and T-Pain by tepples · · Score: 1

    When have they ever used auto-tune as an effect?

    Blame it on this, blame it on that, blame it on everything but your own self, blame it on the person who drinks the alcohol.

  85. My sweet turn by tepples · · Score: 1

    Allow me to write my own music to which I own the copyright

    How do you know that you own the copyright? You could have subconsciously copied the song from something you had heard a decade ago on the radio. George Harrison got burned for this (Bright Tunes Music v. Harrisongs Music, the "My Sweet Lord" case).

  86. Copyright not working by Anonymous Coward · · Score: 0

    The beatings will continue until morale improves.

  87. Finally in agreement by Boona · · Score: 1

    RIAA President Says Copyright Law "Isn't Working"

    Hey well look at that, we finally we agree on something. Although we probably disagree on the direction we should be taking to fix it.

  88. Why is cary sherman... by JockTroll · · Score: 0

    ... Still alive?

    Seriously, why is he still breathing? Why hasn't he been taken, tortured and killed? Why hasn't his body been dismembered, his disfigured head sent to his family with crude drawings carved in his dead flesh? Why the pieces of his body are not in display all around the country? Why is his torso not gibbeted, and left to the crows?

    --
    Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
  89. A modest proposal by king+neckbeard · · Score: 1

    Make the period for copyright protection 0 days, 0 months, 0 years. Then nobody will be hosting infringing material. It will cost less than Sherman's plan and be more effective. Everyone's happy. Making the law more expansive only means that more people will be breaking the law.

    --
    This is my signature. There are many like it, but this one is mine.
  90. Information age by david_bandel · · Score: 0

    This is the information age. In the next age, information won't be property and our more enlightened descendants will laugh at us for considering it so. We can't truly advance as a species until we start treating the universe as an information entropy increasing machine and accept our roles within it as DNA-based information processing machines.

  91. While we're at it, consider Ben Franklin by Anonymous Coward · · Score: 0

    In his autobiography, Franklin wrote about why he never applied for a patent on the Franklin stove:

    "This Pamphlet had good Effect, Govr. Thomas was so pleas'd with the Construction of this Stove, as describ'd in it that he offer'd to give me a Patent for the sole Vending of them for a Term of Years; but I declin'd it from a Principle which has ever weigh'd with me on such Occasions, viz. That as we enjoy great Advantages from the Inventions of others, we should be glad of an Opportunity to serve others by any Invention of ours, and this we should do freely and generously."

  92. The People Giveth, the People Taketh Away by mbone · · Score: 1

    Here is my take on the situation :

    The People, through their representatives, gave to certain people and companies monopoly power over certain ideas, for a limited time. Now, the people have taken some of this power back. Although their representatives have not yet caught up with them, this is what's happened in the last few years, and we will spend the next decade or two arguing about it and adjusting to this change.

  93. Private arrangements are best, says the thug by Infonaut · · Score: 1

    "Notice the update at the end of the article pointing out that Sherman is seeking for voluntary agreements with said partners and not to enact broader laws without their cooperation."

    In other words, we prefer an encounter wherein we're armed to the teeth with lawyers, and can kneecap you at our leisure.

    --
    Read the EFF's Fair Use FAQ
  94. What a Looser by Anonymous Coward · · Score: 0

    Is it possible to arrest this moron for treason?

  95. that link sig by Anonymous Coward · · Score: 1, Informative

    It leads to here: http://www.youtube.com/watch?v=pQHX-SjgQvQ

    Slashdot's bracketed-domain-name thing helps, but I like the "TinyURL Decoder" Greasemonkey script for such purposes: http://userscripts.org/scripts/show/40582

    (already modded in here, hence anonymous)

  96. Copyright is more of a defensive weapon by fishbowl · · Score: 1

    Copyright works better as a weapon for when someone takes your work, publishes it as his own, and then sues YOU. That's the real strength of copyright law. Obviously there are many who would prefer copyright be a weapon to use to stop your work from being distributed other than exactly according to your wishes, and obviously there are people who wish that copyright "law" were on the same level of "law" as the laws against rape and murder. They can wish, but it really doesn't work that way.

    --
    -fb Everything not expressly forbidden is now mandatory.
  97. I totally agree by nurb432 · · Score: 1

    I agree its not working, but not for the same reasons they think. Nor are the solution what they propose.

    --
    ---- Booth was a patriot ----
  98. RIAA President Says Copyright Law "Isn't Working" by Fnord666 · · Score: 1

    Right conclusion, wrong answer.

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  99. Abolish patents, copyrights already. by unity100 · · Score: 1

    every 3 days, another story about total exploitation, travesty of justice through these two. yet there are still who fall in the err of defending these, saying 'they are just misused ... a better patent system blah blah blah ..'.

    there are NO better systems. these two are little different from feudal ownership of means of production. the medieval feudal ownership system is being copied into the thought sphere of human civilization through these. you have to pay bridge toll, every thought bridge you pass, to the bridge lord. if he doesnt let you, you cant pass.

    these systems cannot be corrected. they WILL be exploited, nomatter what you do. and the eventual extent of exploitation, will be like this, as you see in front of you by the 'organization' you name as RIAA and those behind it.

    in feudal-like systems, whomever gets to the top of the pile, rules all others in a hierarchy. there is no other eventual result of such systems. the only way to get rid of these, is to abolish them.

  100. We do need new legislation... by BlueCoder · · Score: 2, Insightful

    But legislation that establishes a group with the authority to establish mandatory and fair licensing rates. Some sort of clearing house that is solely charged with collecting fees and distributing the proceeds fairly. Something like what exists in England but way more progressive. Everything can be licensed, you can't withhold, and you must accept the established rate. Furthermore they can be petitioned/lobbied to create varied fair packaged licenses or even custom licenses. Of course whomever owns the copyright is free to accept less money... So all those books out of print and abandonware will still be purchasable.

    Truth be told the government should be involved in the issue. Consumer licenses should be tracked and maintained by the government, it's in everyone best interest. It makes what you purchase more physical and non revocable. You should be able to lend your licenses as well as be able to sell and transfer them. So you really do own every book you purchase forever as well as all that music, you won't need to repurchase it over and over again.

  101. Game genres underrepresented on PC by tepples · · Score: 1

    But what, praytell, is a genre popular amongst consoles that isn't amongst the PC?

    Genres underrepresented on PC include anything designed for play with multiple controllers per system, such as fighting games, kart racing games, and party minigame collections. Prior to 2006 when HDTV sales took off, it was difficult to connect a PC to a large monitor. But even since then, PC game publishers still haven't caught up with the rise of HDTVs and home theater PCs. Also, cartoonish platformer franchises, such as Mario/Crash/Jak/Ratchet/Sly/Spyro, show up on Nintendo or Sony consoles far more often than on PCs for some reason.

    Anything for the 360 or PS3 has just as strong a PC counterpart for it.

    Bomberman: no PC versions since the Windows 95 era.

    And should you wish to develop for consoles, all you need to pay for is the licensing fee

    Nintendo specifically requires a dedicated, non-bedroom office and "relevant industry experience", which I take to mean a published commercial title on another platform. Not all startups can afford this, which is why small developers stick to Windows, with a possible port to Mac OS X to take advantage of the Mac market's less crowded supply of games.

  102. The RIAA.... by Dan541 · · Score: 1

    Claims that the Pirate Bay has stolen more money than exists on Earth.
    http://cache.gawker.com/assets/images/comment/4/2010/07/87a2852446ae55d1f15656d49f913e94/original.jpg

    Why should anyone take these ludicrous moron seriously.

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  103. Ohhh .. by SlashDev · · Score: 1

    .. so in other words you need help to enforce your lame and counter-productive rules?

    --

    TOP DSLR Cameras Reviews of the top DSLRs
  104. investors? by ProfBooty · · Score: 1

    what investor is going to give me money to ramp up production or promote a product if anyone else can freely copy it? How will this create jobs?

    --
    Bring back the old version of slashdot.
    1. Re:investors? by Anonymous Coward · · Score: 0

      what investor is going to give me money to ramp up production or promote a product if anyone else can freely copy it? How will this create jobs?

      Why do investors open restaurants? Or print T-shirts? Or build houses? Anybody can basically copy those things - often verbatim. Yes, I know architectural plans are a copyright protected. I also know anybody can make a bigger shitter or a two-story foyer. You invest to make money. What keeps other investors from doing the same?

      A) You bought that primo corner and it is no longer available
      B) You spent cash that others don't have because they didn't save
      C) You know how to execute a business plan and innovate and they only know how to copy
      D) Building a factory is a large barrier to entry, you crossed it - they didn't

      Consider aspirin. There is no patent on it and it is not trademarked. Anybody can make it. By your dumbfucked logic, there would be no aspirin available in the drugstores. The exact opposite is true. There is a fuckload of it and the price club sells it for a penny per pill. FUCK YOU!

    2. Re:investors? by roman_mir · · Score: 1

      Anybody who wants copies the clothes, and still the industry is huge. It works in the fashion industry very well, they can't patent/copyright anything.

  105. Do you really think that? by Anonymous Coward · · Score: 0

    By definition if its a systemic problem, you can't fix it by doing more of it.

    Copyright laws cannot be fixed by increasing the number of people and organizations responsible for enforcement, not without our civil liberties being seriously affected.

    1. Re:Do you really think that? by TheVelvetFlamebait · · Score: 1

      An analogy: Copyright is a bridge half built. There is a problem (but not systemic, as you pointed out) in that it's useless. One solution is to knock it down and make people drive the extra 50 miles to the airport, and fly small domestic flights to the other side of the bridge, or another is to finish the bridge. Clearly it's everyone's best interests to finish the bridge (including, coincidentally, the bridge builder, who may or may not suggest finishing it). Also, in every stage of the bridges' construction, it hasn't worked at all, but the moment that it's finished, it will be extremely useful.

      And, to answer your question, I don't believe that this guy is recommending what's best for the general public. But I do believe that copyright can be fixed, or at least, we haven't exhausted all possibilities for fixing it.

      You see, I see no reason to think that copyright is unfixable. That carries a heavy burden of proof, since unfixable is almost indistinguishable from "not thinking creatively enough". How about this as the beginnings of a method:

      - Subsidise copyright infringement cases. Make it a criminal affair, forbid, or at least discourage, civil suits. That should take care of overzealous and sloppy RIAA enforcement of their copyrights, as well as help indie artists get equal protection for their copyrights.
      - Monitor P2P networks; keep publicly searchable logs of the files traversing them. All these networks are public, and can be monitored by anyone, so there is no privacy risk. That takes care of public P2P networks.
      - If two people wish to share something over a private network, there isn't a whole lot a person can do to detect or prevent such a transaction, but at the same time, there isn't a whole lot of copies that can be made over a private network, so we basically let it slide (unless, of course, they are stupid enough to share privately with the copyright holder or a policeman).
      - University and college networks are a hotbed for piracy. Again, provide incentives for efforts to filter such activity. Again, university and college networks are not private networks, and so there is no privacy issue there.
      - To help us with added tax burden, the state takes a slice of every fine.

      What's good for the artists is that enforcement and retribution are far more accessible and effective than under our current system. What's good for the general public is (apart from the fact that the overhead cost for artists is reduced) that we no longer have suffer the RIAA claiming million dollar damages, or accusing people without computers of P2P piracy.

      But, of course, I can't claim to have thought it completely through. There may well gaping holes that I'm missing, or some kind of crucial oversight.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    2. Re:Do you really think that? by Andorin · · Score: 1

      Subsidise copyright infringement cases. Make it a criminal affair, forbid, or at least discourage, civil suits. That should take care of overzealous and sloppy RIAA enforcement of their copyrights, as well as help indie artists get equal protection for their copyrights.

      Absolutely not. Firstly, I will not have my taxes, nor anyone else's, going to support the old business model of a media corporation who thinks that suing its customers is the way to go. Second, criminalization of copyright infringement further exacerbates the problem that the punishment for infringement does not fit the crime. People going to jail for copying files is simply unjust. Finally, it puts a massive burden on law enforcement to deal with all of, or even a substantial amount of, the infringement that goes on. The only good things about this are that defendants would be entitled to legal counsel and the burden of proof would be higher, but that doesn't excuse the fact that corporations would be able to make the feds- and by extension, us- do their enforcement for them. Since I do not buy the RIAA's music, I do not pay for their court cases, and in no way is that going to change.

      Monitor P2P networks; keep publicly searchable logs of the files traversing them. All these networks are public, and can be monitored by anyone, so there is no privacy risk. That takes care of public P2P networks.

      Not only does this already happen, but it's not enough. For one, there's an awful lot of traffic out there to monitor, across every single network of every single protocol. Second, an IP address is not proof of identity. A given person may own the network from which the IP originated, but that in no way means they did the downloading. Third, and relevant to the second point, some of these networks, like BitTorrent, will throw out false IPs to misdirect people who maliciously scan the network. Sorting through those would take time and hinder any wide-scale investigations.

      If two people wish to share something over a private network, there isn't a whole lot a person can do to detect or prevent such a transaction, but at the same time, there isn't a whole lot of copies that can be made over a private network, so we basically let it slide (unless, of course, they are stupid enough to share privately with the copyright holder or a policeman).

      Assuming that the definition of private network in this context is a direct connection that is not publicly viewable, there are plenty of ways to use p2p through private networks. We have email, instant messaging, DCC on IRC, http downloads, and of course darknets. Aggression against p2p causes it to move further and further underground, becoming more and more difficult to trace, monitor and stop.

      University and college networks are a hotbed for piracy. Again, provide incentives for efforts to filter such activity. Again, university and college networks are not private networks, and so there is no privacy issue there.

      If the university or college were a public school, monitoring of the internal network for copyright infringement would likely violate the Fourth Amendment. Having all your traffic watched by a government agency in order to look for copyright infringement is an unreasonable search and constitutes wiretapping, just like if they were to open your snail mail or listen in on your telephone calls. And even then, how do you stop people from obtaining files on another network, then physically distributing them via a sneakernet? Are you going to install mandatory software on everyone's computers that somehow watches for unauthorized copies? That would certainly be unreasonable, to say the least.

      Privately owned universities can get away with monitoring their networks, but as I said, that doesn't stop the problem. Network monitoring places further burdens on the school, and the costs for it will be passed down to the students- meaning the students

      --
      That Anonymous Coward guy is pretty annoying. Can we have the government censor him or something?
  106. Give it away, give it away, give it away now! by Anonymous Coward · · Score: 0

    http://benjamindean.com/blog/make-money-by-giving-it-away/

  107. music is a lie by Anonymous Coward · · Score: 0

    Music should tell you something about the health of your social environment. Recorded music is a lie, and propagation should not be supported. Of course like with any addictive racket, the law takes a piece of the action..

  108. Clearly what is needed are by turkeyfish · · Score: 1

    new laws that permit the RIAA to torture those who brake the DMCA. Simple water-boarding and asset seizures are not enough. Clearly, it must be televised live and involve the tearing of flesh. As we heat up the rhetoric about the Iranians, clearly the country is ready for this.

  109. Fair play by Clueless+Nick · · Score: 1

    They do it on http://www.magnatune.com/ but then rock stars would rather be rock stars than be good artists.

    --
    Chat with other atheists http://secularchat.org
  110. Copyright by Sasha-Whitefur · · Score: 2, Insightful

    Copyright law isn't working. DUH!! I knew that before they even started. They might catch a few smalltime downloaders, but the real pirates are passing under their noses.

  111. MEMO: to RIAA by inode_buddha · · Score: 2, Insightful

    For whom is copyright law "not working"?

    --
    C|N>K
  112. Re:Pojut's Music by TaoPhoenix · · Score: 1

    Hiya.

    Added to my processing list. I'll drop you a reply note sometime.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  113. Downside by ThatsNotPudding · · Score: 1

    in the not-too-distant-future, musicians will no longer be robbed blind by record execs, but will be robbed blind by Standard Oil-like non-neutral ISPs, demanding a huge cut to ensure uptime and QOS.

  114. damn whistlers by Anonymous Coward · · Score: 1, Funny

    Don't forget people whistling copyrighted songs in public. Those people should be paying royalties too!

  115. Clone got owned again, 2x in A ROW? by Anonymous Coward · · Score: 0

    http://tech.slashdot.org/comments.pl?sid=1764066&cid=33378014

    (Where proof exists that clone53421 doesn't know how to program properly to save his life, and, that he is a "batch boy" at best/most, and not a coder in languages like C/C++, Delphi, VB, or any other truly widely used language in industry/professionally for decades now since he cited what a batchfile tech might in %ProgramFiles% and not the API calls necessary to use environment variables in say, C or C++)

    In the url above, clone53421 additionally tried the old troll's "partial quote only" trick where the ac opponent he had had noted C and C++ also, where clone53421 omitted his opponent's mention of C/C++, and his ac opponent also showed that Delphi was proven faster than MSVC++ and VB by far in math and strings also in a publication that's about VB no less, and in math and strings work, which every program does by the way, where clone53421 tried to put that language down.

    (Hilarious, and clone53421 also tried to fool everyone, by replying as an ac no less on his part rather than under his registered luser account here, like that fooled anybody as well (not))

    +

    http://slashdot.org/comments.pl?sid=1755714&cid=33378404 and http://slashdot.org/comments.pl?sid=1755714&cid=33353946

    (On HOSTS files vs. Adblock, where clone53421 had to go so far off topic it was amazing, and he would do anything to avoid disproving the points posted in favor of HOSTS files vs. adblock (where once again, he cannot, and it is also where clone53421 also tried to fool everyone, by replying as an ac yet again as he did in the url above also, no less, once more on his part rather than under his registered luser account here... once more, like that fooled anybody (not)))

    Clone53421 was "pwned" soundly on technical matters, and he also laughingly later had resorted to trying to "hide" his errors first by posting off topic to each in reply as anonymous coward also, doubtless in some PUNY attempt to defend himself and FAILING hugely in both links above!

    (LMAO: Clone53421 also later yesterday did tons of posts so others would not see his huge mistakes in those urls above via his post history in some attempt on his part to "bury his blunders" in BOTH urls above, & under the tide of the rest of his bullshit and mistakes yesterday (utterly hilarious)).

    Poor performance clone (no small wonder you GOT OWNED, lol, and 2 times in a row yesterday by the same ac no less). You did the same here, If anyone is full of bullshit on this website, as you used that term yourself here? Based on the above, it is you, clearly. Don't try to play smart or expert here clone53421, as it only exposes you as the utterly unqualified and inept blunderer you clearly are.

    1. Re:Clone got owned again, 2x in A ROW? by Anonymous Coward · · Score: 0

      In APK fantasy-land, off-topic is YOU!