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RIAA Ends Harassment of Grieving Family
Posted by
Zonk
on Tue Aug 15, 2006 04:46 PM
from the real-klassy-guys dept.
from the real-klassy-guys dept.
denebian devil writes "According to Cory Doctorow at Boingboing, the RIAA has dropped its case against the family of a dead man. 'Today, an RIAA spokesperson, Jonathan Lamy, contacted me today with this statement: Our hearts go out to the Scantleberry family for their loss. We had decided to temporarily suspend the productive settlement discussions we were having with the family. Mr. Scantleberry had admitted that the infringer was his stepson, and we were in the process settling with him shortly before his passing. Out of an abundance of sensitivity, we have elected to drop this particular case.'"
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RIAA Wants to Depose Dead Defendant's Children 560 comments
Exchange writes "In Michigan, in Warner Bros. v. Scantlebury, after learning that the defendant had passed away, the RIAA made a motion to stay the case for 60 days in order to allow the family time to "grieve", after which time they want to start taking depositions of the late Mr. Scantlebury's children. Recording Industry vs The People have more details"
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Just a question, and some thoughts (Score:4, Insightful)
In any circumstance or scenario, is it ever acceptable for an owner of a work, or their duly specified agent, to protect that ownership, even when the work may be freely copied in an unlimited fashion, and to use the legal frameworks provided by the society in which it exists, to enforce or demand recompense for such ownership?
I suspect some people would honestly answer "No" to the above question. Fine; that represents a fundamentally different philosophical outlook on reward for one's work, if desired, and so on. I trust, therefore, that your disdain for such a system also means you're not a part of activity that would leave you on the receiving end of a legal suit from the RIAA.
As for this particular case: so the RIAA has long-established themselves as a bunch of shameless pricks. So what? Just because someone dies doesn't automatically invalidate a potentially valid legal claim. Sure tugs at the heartstrings, though, doesn't it?
Further, to those who would argue that all of the RIAA, industry, and/or legal activity on this front represent nothing more than a "failed business model", might I suggest something? If this has so utterly failed, why not develop the new model that replaces it? Hint: this won't be with the same commercial artists, so stop downloading and/or "sharing" their music instead of buying it. Don't consume that product, at all. Be a part of the solution to create and encourage the new artists, the new distribution channels, the new promotional channels, and the new studios and "labels" (yes, anything that gets sufficiently large and successful will have multiple layers of hierarchy, organization, and even bureaucracy), all of which will be required to support this new model to varying degrees.
But if you so heartily disagree with the current model, don't steal[1] (or otherwise consume) their goods, or enable others to do so.
Simple, isn't it?
[1] Oops, I meant "infringe on the copyright of". Still, the point stands. Isn't it fairly straightforward? Either legitimately buy it, or don't, and be ready for the consequences[2]. If you disagree with the "business model" or the legal issues surrounding it, don't be a part of it. And that includes not obtaining the content in question. Then all of a sudden, magically, the legal issues and artificial (or self-inflicted) fears of injury from a draconian legal system go away. Funny how that works!
[2] No one's arguing that the RIAA's model of figuring losses is valid, but it's equally (and massively) disingenuous, not to mention utterly ridiculous, to claim that nothing has been lost at all.
Re:Just a question, and some thoughts (Score:5, Insightful)
Parent
Re:Just a question, and some thoughts (Score:4, Insightful)
Besides, I don't buy the whole "we're doing it to send a message" bullsh*t anyway. You don't want to pay for
the music and this is an easy excuse.
You know, if everybody was truly as intent at getting a point accross as downloaders say they are then there would be a higher turnout for more important issues such as who is running the country.
Parent
Re:Just a question, and some thoughts (Score:3, Interesting)
Re:Just a question, and some thoughts (Score:5, Insightful)
Parent
Re:Just a question, and some thoughts (Score:5, Interesting)
Email would seem a good first choice.
No, I'm being serious. Every time you don't buy RIAA-backed music, or every time you buy non-RIAA music, email them telling them why. If they don't get the point fast, something is seriously wrong with them.
Parent
Re:Just a question, and some thoughts (Score:4, Interesting)
Parent
Re:Just a question, and some thoughts (Score:5, Insightful)
Wow, it's the "if you have nothing to hide" argument all over again!
I can think of several ways it can become a problem, starting with RIAA whining (read: paying for congresscritters' re-election) to Congress.
Then, Congress can pass laws requiring applications to not play back files that lack DRM at all. But that won't be a problem, right? You didn't really need those God Ate my Homework or Minibosses mp3s you downloaded from their websites, or the Creedence Clearwater Revival mp3 collection you bought legally from emusic.com, or the Jim's Big Ego music you bought from slabster.
Or maybe, Congress can pass a law requiring that all audio files capable of transmission over the internet require that they be cleared and signed by an appropriate institution in order to prove that they aren't actually recordings of the Beatles or Metallica. Of course, someone will have to be in charge of this, and naturally the RIAA already has plenty of experience in handling money for artists, their Soundexchange company is perfect for the job. About $5 per minute for a lackey to listen to your podcast to make sure you aren't infringing any copyrights sound about right?
Should I keep going? Or is it clear now that if the RIAA runs to Congress (or hell, runs for Congress, after all, Sonny Bono did a good enough job) that even if you're not warezing or buying RIAA products, it can be a problem.
Parent
Re:Just a question, and some thoughts (Score:5, Insightful)
Parent
Re:Just a question, and some thoughts (Score:5, Interesting)
Where do you get this fact from? I'd say it's entirely unsubstantiated.
It's along the same lines as me saying "The fact is, Dave Schroeder is a corporate shill.". This is just based on what I've read online. No evidence, just a guess - could be wrong, but I don't need to back it up, do I?
JB
Parent
Re:Just a question, and some thoughts (Score:5, Informative)
I already avoid them with the help of http://www.riaaradar.com/ [riaaradar.com]
Now the only direct grievance I have with them is them illegimately trying to claim to represnet all musicians, lying through their teeth when claiming to care about said musicians (as is evidenced by their contracts), and the money they make off first stated claim (like a % of blank CD sales in some countries, etc)
Parent
Re:Just a question, and some thoughts (Score:4, Interesting)
This really pisses me off. In Canada, we pay a levy on blank media regardless of what we are using it for. There are plenty of "legitimate" uses for blank cds, such as burning ISOs of Linux distros, sending digital photos to friends and family, backing up legally purchases music
It's bad enough that I'm fined for the illegal behaviour my government -- and the cultural gatekeeers at the RIAA -- just know I must be engaged in, but I would *really* resent paying it if I were an independant artist producing my own cds to sell at gigs or on a web site. Imagine the struggling artist who, by choice or circumstance, decides to produce his own cds. He not only has to compete against the huge RIAA steam roller for the mindshare of his fan base, but he also pays them a percentage of every cd he produces, that they can then use to bribe radio stations and finance lawsuits against their customers.
I agree with the original poster. The only thing that is going to end this nonsense is to *stop* listening to music produced by RIAA member labels. Stop watching movies produced by MPAA member studios. No more commercial radio or television. Use the money you spend on cds and movie tickets to attend live performances of independant artists in local venues, and buy a t-shirt or a cd from them while you are at it.
They've turned art in to a commodity, like soap or toilet paper. It's time we tuned them out.
Parent
Re:Just a question, and some thoughts (Score:3, Informative)
So what? Well, it inclines me to disrespect their outlandish claims to certain intellectual/cultural "properties", for starters. And note that this malice against the RIAA is quite likely felt by a majority of the demographic concerned, not just a fringe few. Because they
Re:Just a question, and some thoughts (Score:5, Insightful)
Just because someone is a prick doesn't make them incorrect.
I'll agree that it's not the best way to Win Friends and Influence People, however.
So I'm guessing you agree with those illegal wiretaps and so on. After all, if you aren't doing anything illegal, the "draconian" system (getting more draconian as time goes on, it seems) will just "go away" and never effect you! And I guess you believe DRM will never come and bite the legit consumer in the ass, right?
This is actually a very interesting argument.
However, I'm not making the "if you haven't done anything illegal, then you have nothing to fear" argument. Rather, I'm saying "if you run afoul of the law, don't be surprised if that comes back to bite you".
I'm sure we can both agree that there should be some level of laws and order in a civilized society. This isn't about Big Brother, fascism, or a totalitarian regime. It's about content owners of property that is intangible in a certain sense being able to ensure that it's paid for. I'm not making any value judgments on how much money should be involved, and so on. The problem is that members of a society based marginally on rule of law and on the intrinsic value of the work and property of others making their own decisions about what they will and won't pay for, and deciding to take what they don't feel is worth the price, and this on what are essentially luxury items at that (no, I don't believe commercial music and movies are a necessity to human survival, and I realize all of the artistic and cultural arguments that may be intertwined there).
To say that I'm making an "if you're not doing anything illegal..." argument unfairly distills this argument down to a situation where we should apparently have no laws. I can understand thinking a "law" is unfair, and I can even understand people who think (erroneously, in my opinion) that taking copyrighting materials without paying for them is an act of civil disobedience. What I don't understand is why people feel they have this sense of entitlement to copyrighted commercial content, just because it can be easily copied. Like it or not, there is a LOT of money that goes into making a lot of this content. And if it's crap (like Britney Spears or the next worthless "blockbuster"), then don't be a part of it. My only point is how often people seem to talk out of both sides of their mouth, decrying the latest pop princess while simultaneously downloading (and not buying) some other artist on a subsidiary of that same label. If you don't support that business model, or think it's "dying", I simply can't understand why people would want to consume its content. Even if they like the content, why don't they come to the realization that it was that very system that produced the content they enjoy, and they'd better work to improve themselves in whatever stage of life they're at so they can afford to purchase and support the nice things they want.
As to DRM, I think it's in some forms a necessary evil. I DO NOT like DRM. It is a tool for control, and too often, some want to use it to roll back consumer rights that have been long since won (such as the Broadcast Flag, in the context of time shifting television). As long as it is unobtrusive as physically possible and doesn't roll back rights that we already have, I don't think it's a problem, because it does prevent casual, en masse, copyright infringement. Yes, yes, anyone and their brother can download any number of programs that strip all sorts of DRM, but the simple truth is that this escapes the capabilities of most people, and such tools will ALWAYS be relegated to the fringe because their use will be illegal in some jurisdictions. That pr
Parent
Re:Just a question, and some thoughts (Score:4, Insightful)
I wouldn't be surprised per se, if a frivolous lawsuit ended up on my doorstep. I don't think anyone with a healthy amount of cynicism would be. You would go, "gee, the decision to download that music / buy those Cuban cigars* / go 20km over the speed limit on that seemingly deserted road, has had some disproportionately unpleasant but not entirely unexpected consequences!"
Likewise, the RIAA cannot do what they do and expect everyone to keep playing by the rules. They should not be surprised either! (But they sure sound surprised. And a little confused...)
Anyhow, I admire the non-participatory response (in fact, I myself don't recall downloading any RIAA music in a good many years, although if I really liked some of their shit I might not hesitate to "steal" it) but I think the desire to disobey is, in this case, an understandable human response, and possibly even an honorable one -- it's certainly more honorable than giving the RIAA more money.
To demand that people refrain from enjoying the music that the RIAA lords over seems a little unreasonable. It reminds me of an example [onegoodmove.org]: In the video, an atheist mentions to a Christian that he does not appreciate "In God We Trust" being written on the currency. The Christian's response is (to paraphrase): "If it bother's you, don't live in the USA".
In other words, disobedience is a legitimate form of protest (and please note that I believe violence is not.)
* Actually, I don't think Cubans are illegal in my country, but its just an example and I don't smoke anyways.
Parent
Re:Just a question, and some thoughts (Score:5, Informative)
I can enlighten you on that point.
Does copyright today work for the public benefit?
Fundamentally, copyright is an agreement between the public (by their representives) and the owners of culture, so that those who make culture can feed themselves and their family, buy a house etc. while the public can enjoy the fruits of their labor. Copyright is then supposed to expire into the public domain after the author has made use of his rights that encourage him or her to make more.
The owners of culture have keept extending copyright again and again, added more restrictions on the public with who they supposedly made this agreement with without consulting them in regard to their extensions and additions.
Now copyright lasts from 50 to 70 years (different from country to country) after the death of the original author. Tell me this. How can the author be enticed to make more works for the public good if he or she is dead? Could you please anwser me that?
At some point the non-referred public just took their hat and left because they weren't worth consideration anymore it seemed. As far as the internet using public is concerned, the original agreement between them and the supposed owners of culture has been broken though negligence and being shameless pricks (as you so eloquently put it). Copyright was also originally made to restrict publishers because publishing (i.e. getting your work out to the public) was very expensive. Now, that it has become so very inexpensive one would think that copyright would last a shorter time, not longer.
You keep saying the the public must stop doing this because they are violating the copyright act. But those laws were NOT written with the public consent (and don't try to say that the public agreed because they got passed, that is like saying that deciding to hurt somone without that person being there to disaprove is the same as having their agreement to do it). For the owners of culture it is nothing short of having your cake and eating it too. They make the laws and the public is supposed to obey them without question. The peoples representatives aren't anymore.
Regarding digital restrictions management.
You say that it is a necessary. Your justification for it seems to be that without it it would be too easy for the public to copy whatever part of the culture they liked to give to their friends or edit or make use of in some way. You further explain that this must not be so because they would be violating copyrights. It is nothing short of treating people as criminals before they commit the crime. Inocent until proven guilty indeed!
Being able to easily copy and mix material is increadably useful to everyone. However the copyright cartel have nibbed it in the bud by passing the DMCA. Now, anyone copying material that is "proctected" with digital restrictions management is now a criminal. Is that in the public good or for the good of a few rich people and corporations?
Simply but, the copyright agreement simply isn't nearly as useful to the public as it once was. If the supposed owners of culture wish to keep the current system somewhat intact and they want the public to edhere to the original agreement then they must use their representatives in the House to shorten copyright considerably (to say the original 28 years retroactively), eliminat
Parent
Re:Just a question, and some thoughts (Score:5, Interesting)
Really, nobody has a problem with buying music, just the price.
The market is speaking, adopt or die. Laws fail when the fly in the face of what the majority want.
I wonder how much of what is considered 'pirated' is outside a sane copyright law(like 14 years.)?
Parent
Re:Just a question, and some thoughts (Score:3, Insightful)
No it's not. It's not even called civil disobedience. An example of civil disobedience would be setting up a CD-burning booth outside the RIAA corporate offices. The whole point of civil disobedience is to get yourself persecuted for disobeying a law you consider unjust. If a lot of other people consider that law unjust, and the authorities are seen to be being heavy-handed, then you'll probably get a whole lot of support, and build up public resentment against the law in
Re:Just a question, and some thoughts (Score:5, Insightful)
Yes, in fact it does give me justification.
What it doen't give me is an excuse from being prosecuted in a court of law.
Just like any form of civil disobediance. Like not getting up from a bus seat even though the law says you should*.
My point was, the industry would have less pirates if they priced at the market demand point, and that the market is changing.
"2) A "sane copyright law" is subjective, and is currently not "actual copyright law". It doesn't matter."
I was just wondering how much of the reported 'pirated' is older then a certian period.
It would be interesting to see a breakdown of the amounts by release date of the products.
None of this matters, because the market force regarding copyright is building. People in grade school today will expect music to be distributed digitally and cheaply.
The music corporation is nothing more then a middleman who isn't needed anymore.
*I am only using it to illestrate the point, I am not putting them on the same pedistal.
Parent
Re:Just a question, and some thoughts (Score:5, Insightful)
Do we really want to cripple the consumer electronics industry that is huge and employs lots of people to specifically benefit the entertainment industry that is tiny and employs only a very small number of people at (mostly) very low wage jobs?
The entertainment industry is telling us that we have to choose between the two. If this is really true, I would choose to protect fair use rights and the consumer electronics/computer/software industries. If no more hollywood movies or bubblegum rock records get made, then I guess that really isn't that big of a deal in the grand scheme of things. The sun will rise whether we're being force fed hollywood crap or not.
Parent
Re:Just a question, and some thoughts (Score:5, Interesting)
I'd probably be fine with a lawsuit leveled against commercial infingers (ie, people selling material they don't own the copryright for). Likewise, small suits for non-commercial infringement I could support (by small, we're talking at most the commercial value for the material, eg 10-20 dollars per CDs worth of music, or per movie), if they were carefully executed and if the defendant was able to actual stand up for themselves in court.
What I, and other people, can't stand is the use of legal brute force against people who can't realistically fight back. Following the letter of the law with the intent of ruining someone in a civil suit which they cannot afford to defend themselves against isn't "protecting their copyright", it's mafia style intimidation.
Software company suing another software company for breach of copyright on their code? I'm fine with it, as long as the suit doesn't abuse the court system (think SCO and their delay tactics as an example of such abuse). Record company launching a small suit against a major uploader (instead of massive suits against everyone)? I would at least be on the fence, and acknowledge their rights.
Part of the problem of course is that the way the law is set up, the corporations have the upper hand. They can sue for the maximum possible amount per infringement, and they can drag out court cases longer than any individual could afford, forcing an out of court settlement. Plus, they aren't held to a high standard of evidence when it comes to bringing the case before a court.
For the record, I don't pirate. However, at this stage I've completely stopped buying RIAA label music, since I'll be damned if my money is going to pay their bloodsucking lawyers.
Parent
Re:Just a question, and some thoughts (Score:3, Interesting)
I'd say that it's pretty obvious that minors and dead people can't.
On a more general level, this is an area where I'd say legal reform is needed, specifically to favour the smaller party. We have a heavy bias in criminal law favouring the defendant, to offset the advantages the government has over individual citizens.
Why not apply similar rules to civil cases where a corporation is pursuing legal action against an individual? Currently we have far to
Re:Just a question, and some thoughts (Score:5, Insightful)
I would like to offer an alternative of what they should be doing--put the following notice in each of their CD's and DVD's:
This disk has no copy protection whatsoever. You can transfer, copy, rip, and burn it to your heart's content. You can even hand out these copies to other people, with one proviso: insist that if they like it, they should go out and buy their own copy.
Every dollar you spend is a vote. Paying for this is a way of telling the artists you like it and want more. If you like this music, paying for it means that you will get more; more from this artist, and more from similar artists--and maybe even music from artists you will want to hear who are quite different, but otherwise wouldn't have enough support to get started. You may think that recording artists make a lot of money and don't need your support. In fact, there are a lot of expenses that they incur just to make and promote this album, and it takes a lot of sales just to break even. And hey, if they do get filthy rich, it may take a lot of money to persuade them to get back into the studio. Either way, you get more of what you want.
If you don't pay for this, and a lot of people who like it copy it for free, the artists will have to get a day job. They will stop making albums, and probably won't play anywhere more than a day's journey from home. Sucks to be you. The music that you like won't be made anymore. And every time you turn on the radio, you will hear music made by people whose fans are just too damned stupid to know how to copy it.
So, do what you want. But if everything on the radio and at the music store is infantile crap, don't blame us. We warned you.
That's what they should be doing. Of course, they're not. Wall Street has a saying: "A bear can make money, a bull can make money. A pig always gets slaughtered." The RIAA is a pig. They're going to get slaughtered.
Parent
Re:Just a question, and some thoughts (Score:3, Interesting)
If this is an abundance of sensitivity... (Score:4, Funny)
Re:More appropriate PR would be... (Score:3, Informative)
Or, in other words, "our wives finally threatened to leave our sorry asses."
(I was really disappointed that this photo [images-amazon.com] didn't get more publicity. It really sums up the kind of soulless, hardened criminals the RIAA is out there every day, defending us all against.)
Let me try to understand this (Score:3, Funny)
Did I understand that correctly?
Muahahah...!
Re:Let me try to understand this (Score:4, Funny)
Parent
Re:Let me try to understand this (Score:5, Funny)
Parent
Re:Let me try to understand this (Score:3, Informative)
And you're still innocent until proven guilty.
But I'm not a lawyer. And perhaps too naive and too idealistic.
Surprise (or not)! (Score:5, Funny)
Re:Surprise (or not)! (Score:5, Funny)
Parent
Yeah, because.. (Score:3, Funny)
RIAA SUX! (Score:3, Funny)
If you were to look down from space, and see the headquarters of the RIAA, it would be shaped like a giant anus.
Fun fact (Score:3, Funny)
I guess the public outcry made them change their minds.
Seriously, what the fuck is next with the RIAA.
Yeah, right. (Score:5, Interesting)
They can say that all they want, now that the only person who could confirm it is dead. If they really had the goods, they'd be all over the stepson with a lawsuit.
That's not quite right.... (Score:5, Funny)
There I fixed that for you.
Im touched... (Score:5, Funny)
Well at least all those people who have been asking, "Where will RIAA draw the line?" have had their questions answered. Clearly the answer is, "Somewhere between 12 year old girls and dead people".
I'm pretty sure you meant "beatification" (Score:3, Funny)
Re:Im touched... (Score:4, Funny)
Parent
Hmm... Lawyer? Sensitivity? (Score:5, Funny)
[opens his Lawyer Dictionary]
Selective Casing... Settlements, Large Payouts from... Whoops, went to far... Okay, here we go, "Sensitivity":
sensitivity Pronunciation Key (sns-tv-t) n., scapegoat
A term used when dealing with a large public backlash against previous actions, usually involving death, abuse, sexual harrassment, or being caught in the Ritualistic Lawyer Act of eating a kitten
We are regarding our lawsuit against the 90-year-old grandmother with sensitivity.
too little too late (Score:4, Informative)
Makes ambulance chasers look like Saints.
And I'm not sure if they should use the word "Productive"....they could have just said "legal settlement" instead of admitting that their settlement tactics are "productive"...which is like the oil companies saying their price increases are profitable. Not something you want to admit to in public.
They need to learn to spin better or at the very least not shoot themselves in the foot.
+10 karma points for them (Score:5, Funny)
In breaking news... (Score:3, Funny)
Misleading title (Score:5, Insightful)
Read: They're still going to bully the family into paying grossly in excess of any true damages caused, they're just going to wait until they don't get any bad publicity for doing so.
temporarily suspend ? (Score:5, Interesting)
All dislike of the RIAA aside, the fact this was even an issue shows how twisted and out of touch these people are.
If the public hadn't heard about it, i bet they would on the kids doorstep with a warrant.
They are sick.
this reminds me of (Score:4, Insightful)
Now, in the RIAA case against this person if they were acting sanely, rationally and not just trying to extort money from people or launch frivolous lawsuits in an attempt to deter people from infringing copyright they would've dropped it long before the person had died.
And pray tell me HOW they had a case against them (Score:3)
You can NOT inherit a case.
Already incurred debts, and existing assets, yes, you can inherit, or refuse.
But, a LAWSUIT that is in progress is not an item that is bound by laws governing inheritance. ONLY if its incurred penalties - if the case is closed and any monetary punishment has been given - can be applied to inheritor.
In each of extraordinarily greedy, negativistic and bullying peoples' and organisations' timelines, there comes a point that the greed blurs the vision and judgment, and they commit inexplicaply stupid and pointless stuff, because of power nausea, if they had found that their deeds were going unchallenged. Apparently riaa has reached such a point.
Different meaning? (Score:5, Funny)
Gentlemen, start your copiers... (Score:5, Insightful)
These subhuman filth have no right to own anything, least of all a fictitious monopoly on a set of manufactured waveforms. Since they're willing to destroy lives to protect their greed, I think they forfeit the moral expectation to profit from their wares.
Seriously, enough is enough. An "abundance of sensitivity"? Bah! That one sentence lost me forever. I mean this truly: I will never again buy anything when I think that a member of the RIAA may benefit in any way. Screw you guys, I'm going home.