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RIAA Wants To Scrap Anti-Piracy OPEN Act

silentbrad writes with these selections from an article at Ars Technica: "The Recording Industry Association of America found itself in an unusual position this week: opposing an anti-piracy bill that's gaining momentum in Congress ... the RIAA argues the bill won't be effective at shutting down rogue sites. The trade group warns of 'indefinite delays' as claims of infringement are investigated. And it complains that the process envisioned by OPEN would allow for 'endless submissions by parties such as Google,' further gumming up the process. All the while, the alleged rogue site would be able to continue operating. The RIAA also warns that the need to hire an attorney to navigate the ITC's arcane legal process will 'put justice out of reach for small business American victims of IP theft.' The trade group complains that sites aren't held responsible for the infringing activities of their users, a rule the trade group says 'excuses willful blindness and outright complicity in illegal activity.' RIAA also says it's 'virtually impossible' to prove that a site infringed willfully, as OPEN requires."

36 of 268 comments (clear)

  1. *Stomps foot* by fuzzyfuzzyfungus · · Score: 5, Funny

    But, but, due process is so Hard!

    1. Re:*Stomps foot* by mjr167 · · Score: 5, Funny

      But don't you know, all suspects are guilty. Otherwise they wouldn't be suspects.

    2. Re:*Stomps foot* by ganjadude · · Score: 5, Insightful

      They played their hand right here. It isnt about actual harm its about control
      '.' RIAA also says it's 'virtually impossible' to prove that a site infringed willfully, as OPEN requires."
      what this tells me (we already know this here) is that it was never about protecting artists, it was never about doing the right thing, it was always about control

      --
      have you seen my sig? there are many others like it but none that are the same
    3. Re:*Stomps foot* by headkase · · Score: 5, Informative

      You totally stole my comment! I'm getting you shut down!

      ACTA is coming into force, SOPA/PIPA will be coming back, and the upcoming Trans Pacific Partnership means that if you even think of dressing up like a copyrighted character then you'll be censored off the 'net.

      Here's coverage on the TPP from a Canadian perspective: here, here, and here.

      The point is that Hollywood and content holders in general have all the strings in their hands right now and for the foreseeable future. Like ACTA the TPP is being negotiated in secrecy. Which, when you think about it makes it undemocratic just by it's procedure.

      --
      Shh.
    4. Re:*Stomps foot* by netwarerip · · Score: 5, Funny

      ... what this tells me (we already know this here) is that it was never about protecting artists, it was never about doing the right thing, it was always about control

      And in other breaking news, day follows night, man evolved from Apes, and my wife has another headache.

    5. Re:*Stomps foot* by ackthpt · · Score: 5, Funny

      But don't you know, all suspects are guilty. Otherwise they wouldn't be suspects.

      And when you no longer hear screaming from the scorpion pit you know everyone is completely cool with it, as they have stopped complaining.

      --

      A feeling of having made the same mistake before: Deja Foobar
    6. Re:*Stomps foot* by Gilmoure · · Score: 5, Insightful

      Justice is difficult
      Persecution is easy.

      --
      I drank what? -- Socrates
    7. Re:*Stomps foot* by Joce640k · · Score: 5, Interesting

      it was never about protecting artists, it was never about doing the right thing, it was always about control

      Strangely enough, Megaupload was shut down just when it was about to launch a music service that would have paid 90% of earnings to artists.

      --
      No sig today...
    8. Re:*Stomps foot* by kryliss · · Score: 4, Funny

      Not just apes but "Damn Dirty Apes!!"

      --
      --- If the bible proves the existence of God, then Superman comics prove the existence of Superman.
    9. Re:*Stomps foot* by HermDog · · Score: 5, Insightful

      Apes contend that they evolved from humans.

      --
      JADBP
    10. Re:*Stomps foot* by PopeRatzo · · Score: 5, Insightful

      ACTA [wikipedia.org] is coming into force, SOPA [wikipedia.org]/PIPA [wikipedia.org] will be coming back, and the upcoming Trans Pacific Partnership [wikipedia.org] means that if you even think of dressing up like a copyrighted character then you'll be censored off the 'net.

      And what have you done about it today? Did you send a week's worth of money that you would normally spend on vending machines to the EFF? Did you make coffee at home and carry it to work in a thermos instead of going to Starbucks and then sending that money to the EFF or one of the other fine groups that is opposing those laws? Did you and a bunch of your friends go get in the face of your congress person? Did you boycott any record label or artist who supports the RIAA and let them know about it?

      The only way to stop these laws is going to be by us getting in the way of the corporate machinery that is controlling the legislative process. By letting the human beings that are doing the corporations' work for them know that there will be a price to pay. By scaring the shit out of them. As long as politicians and corporate leaders think they can get away with it, they will get away with it.

      Look what happened over the past 36 hours. A very wealthy foundation that ostensibly is fighting breast cancer was hijacked by a bunch of right-wing turds and they decided they would no longer use a little bit of their donated money to support the #1 provider of breast cancer screenings and primary health care to women because that organization also provides birth control and abortions to women who choose them. They announced triumphantly how they were going to "change direction". Enough people started enough shit over the course of 24 hours that the foundation not only reversed their decision, but apologized for even considering pulling their financial support for Planned Parenthood.

      See, when you run an outfit that is very very wealthy and very very powerful, you start to think you can do whatever you want. It's really not that hard for a committed group of people without money and without power to convince them otherwise, simply by getting in the way.

      --
      You are welcome on my lawn.
    11. Re:*Stomps foot* by letherial · · Score: 5, Insightful

      "RIAA also says it's 'virtually impossible' to prove that a site infringed willfully, as OPEN requires" I would say, if you cant prove it...it didn't happen. But you know, that's me believing in the constitution...

    12. Re:*Stomps foot* by mcgrew · · Score: 4, Interesting

      I didn't read TFA, TFS was bad enough. Damned MAFIAA.

      The trade group warns of 'indefinite delays' as claims of infringement are investigated

      What the parent poster said. The RIAA would rather shut you down without any pesky investigations.

      allow for 'endless submissions by parties such as Google,' further gumming up the process.

      But heaven forbid that sauce for the goose should be sauce for the gander. "Rules can't apply to US, only Google."

      The RIAA also warns that the need to hire an attorney to navigate the ITC's arcane legal process will 'put justice out of reach for small business American victims of IP theft.

      That's as far as I could go before blowing up. These lying asshats REALLY piss me off. First, if I'm going to defend my copyright I'm going to need a lawyer. Period. Doesn't matter if I'm one middle class guy or the RIAA.

      Then there's "IP theft". The only theft of IP is the RIAA and MPAA stealing the public domain by bribing Congress. A copyright does NOT confer ownership, it confers a limited time monopoly on publication; the public is the one who owns it. All of us own it. It isn't the RIAA's property, it's ours. They're a bunch of God damned thieves who call their paying customers thieves.

    13. Re:*Stomps foot* by jamstar7 · · Score: 5, Funny

      We didn't evolve from modern apes, but at some point going back, one of those common ancestor populations would have been things you could call apes.

      Today we call them 'right-wing fundamentalist nutjobs' and nobody claims them as kin.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  2. hiring lawyers by phantomfive · · Score: 5, Insightful

    The RIAA also warns that the need to hire an attorney to navigate the ITC's arcane legal process will 'put justice out of reach for small business American victims of IP theft.'

    What part of copyright law do you currently NOT have to hire a lawyer in order to get 'justice?'

    --
    "First they came for the slanderers and i said nothing."
    1. Re:hiring lawyers by russotto · · Score: 5, Insightful

      What part of copyright law do you currently NOT have to hire a lawyer in order to get 'justice?'

      The DMCA. You just use robo-takedown.

      I really hope the RIAA stops this bill. While it may not be all they want, it increases the reach of copyright law, which is the wrong way to go. Those on the other side who support this side seem to think that such a compromise will either appease the RIAA or otherwise stop their relentless drive towards destroying the Internet, but that simply is not going to work.

    2. Re:hiring lawyers by unity100 · · Score: 5, Insightful

      internet will not be saved without destroying riaa and its backing industries. namely, hollywood and the media.

    3. Re:hiring lawyers by phantomfive · · Score: 4, Informative

      they will face expensive lawsuits with public defenders?

      You don't get public defenders in civil suits, mate. That's why it's so expensive.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:hiring lawyers by phantomfive · · Score: 4, Insightful

      Uh, I'm kind of opposed to destroying Hollywood. I like movies, even expensive, fun flashy ones with no artistic value.

      --
      "First they came for the slanderers and i said nothing."
    5. Re:hiring lawyers by Anonymous Coward · · Score: 5, Insightful

      If you like them more than the internet, then you're part of the problem.

    6. Re:hiring lawyers by LateArthurDent · · Score: 5, Insightful

      I really hope the RIAA stops this bill. While it may not be all they want, it increases the reach of copyright law, which is the wrong way to go.

      That's why I have the feeling they don't want to stop the bill. I think they're trying to use reverse psychology. "I wonder if everyone will rally up to support this bill similarly to how they rallied up to oppose ACTA if we point out that we don't like it. Maybe people won't realize that we're getting a lot of what we want if we keep the discussion focused on what we're NOT getting."

    7. Re:hiring lawyers by lostmongoose · · Score: 5, Insightful

      Let me guess. You also think that music will cease to exist when the RIAA's members are bankrupt too, right? Hollywood isn't the only source of movies, and they sure as shit aren't a source of creativity anymore.

    8. Re:hiring lawyers by Anonymous Coward · · Score: 5, Insightful

      Uh, I'm kind of opposed to destroying Hollywood. I like movies, even expensive, fun flashy ones with no artistic value.

      Actually creativity would flourish if the MPAA and RIAA were smashed into a thousand tiny pieces. That would spur competition and allow grass roots organic film and music to have a chance of succeeding. As long as those two cartels remain in place, they act as a blockade between artists and audience.

  3. How surprising... by AngryDeuce · · Score: 5, Insightful

    I think it's obvious to all that these guys just want the power to kill any website they wish with little oversight...

    Arguing ridiculous ideas like this demonstrates that they are pretty much the last people we should hand over the power to do so.

  4. Those bastards by JustNiz · · Score: 5, Insightful

    >> The RIAA also warns that the need to hire an attorney to navigate the ITC's arcane legal process will 'put justice out of reach for small business American victims of IP theft.'

    Funny how they're not concerned about those same legal costs that innocent individuals have to face to defend themselves, when the RIAA spam arbitrary blocks of John Does with threatening lawyers letters that amount to extortion.

    1. Re:Those bastards by Rary · · Score: 4, Insightful

      Out of court settlements are not extortion. Sorry that you don't see the difference.

      While not technically extortion, they do have the same effect on innocent people without the means to defend themselves.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    2. Re:Those bastards by ZeroSumHappiness · · Score: 5, Insightful

      Pay us $3k and we'll go away or pay $3k to defend yourself in court where the best case scenario is you're out $3k and time and the worst case scenario is you're up for $100k in damages...

      You're right. It's not extortion. It has to be against the law to be extortion.

  5. Re:Oh, boo hoo. by ackthpt · · Score: 4, Funny

    You wouldn't be able to arbitrarily control the entire internet under the new model. How terrible.

    Philosophy: The law and how it should apply to other people.

    We need to bypass law enforcement and courts and go straight to Instant Fine and Imprisonment.

    --

    A feeling of having made the same mistake before: Deja Foobar
  6. HAHAHAAHAHAAA 'small business' ... by unity100 · · Score: 5, Insightful

    The RIAA also warns that the need to hire an attorney to navigate the ITC's arcane legal process will 'put justice out of reach for small business American victims of IP theft.'

    as if they are representing ANY small business.

    im a foreigner - but even i learned it ; whenever some politician/lobbyist uses the word 'small business' in american politics, small business has nothing to do with it and its for some fucking 4-5 megacorp monopolizing in any field related to that law/bill.

  7. So the gloves came off... by jamstar7 · · Score: 5, Insightful

    Rough translation: "This bill doesn't go far enough and it's going to cost us money. Please kill this bill and surrender the internet NOW or kiss your campaign contributions goodbye. What we want is the US government to go anywhere any time we pull their chains and stomp all over those eeeeeeeeeeeevil pirates who are anti-American, anti-corporate profits and obviously terrorrorrorrorrists too. We'll have the new bill in your office so you can jam it through just before elections and don't forget to pick up your checks."

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  8. Still want to kill the internet by SydShamino · · Score: 5, Interesting

    The trade group complains that sites aren't held responsible for the infringing activities of their users, a rule the trade group says 'excuses willful blindness and outright complicity in illegal activity.'

    This is, again, the scariest part of their campaign. The ability of sites to not be liable (unless they ignore takedown requests) is the best part of the (otherwise pretty crappy) DMCA, and the XXAA want to undo it. They don't care in the least that it would end every social collaboration web site (like slashdot), because they think their old business models (pay the radio, tv, and newspaper to advertise, then reap profit via local stores and theaters) would spring back to life if we didn't waste all our time and money on the internet.

    Seriously, the only way this will end is if someone puts a bullet in them. And by bullet, I mean hostile takeover. And by someone, I mean Google. And if Apple just so happens to take over another one of them a few days later, oh well. Maybe Microsoft would even like to own a music label? Hell, isn't EMI suffering and looking for a buyer?

    --
    It doesn't hurt to be nice.
  9. If the RIAA is against it... by sootman · · Score: 4, Interesting

    ... I'm suddenly very much for it.

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  10. Weep for them by Dega704 · · Score: 5, Insightful

    It's not fair to them until they can have their system of guilty until proven innocent. Or rather guilty until guilty guilty guilty.

  11. Can't prove it was willful? Don't shut it down. by _0xd0ad · · Score: 4, Interesting

    RIAA also says it's 'virtually impossible' to prove that a site infringed willfully, as OPEN requires.

    If it's too hard to prove that someone is guilty, then maybe - just maybe - they aren't.

    They insist on chasing down the wrong people - innocent websites - and they complain that it's hard to prove guilt?

    On the other hand, it would be trivial to prove that a user infringed willfully... but there's very little money to be made in that.

  12. Close, but not quite by ThatsNotPudding · · Score: 5, Insightful

    due process is so Hard!

    Due Process is so expensive. Can't let an irrelevant thing like 3,000 years of developing the Rule of Law get in the way of all the Benjamins, now.

  13. liars by Tom · · Score: 4, Insightful

    put justice out of reach for small business American victims of IP theft.'

    When an industry lobby organisation suddenly finds its heart for those who are not amongst its members, you know something is up.

    These guys aren't a non-profit. They are paid to do their job.

    --
    Assorted stuff I do sometimes: Lemuria.org