RIAA Now Targeting Retailers 490
merodach writes "According to this story on Headlinenews.com the RIAA is now targeting retailers in it's 'war on piracy.' I think everyone will agree this is something that should be done if the retailer is deliberately pirating. The thing I wonder about in hearing this news is how many of the retailers include used copy stores. With the way the RIAA and some artists *cough*Garth Brooks*cough* have labeled these stores as pirates and theives in the past it seems likely they would be the biggest targets. Have any in the /. crowd actually seen one of the letters sent or know how many of the targeted businesses are used stores? Further - how would the RIAA know how much to demand in 'settlement fees' and is it possible these are being used to shut down the mom-and-pop outfits that trade in used CDs?"
Wait? (Score:5, Interesting)
Now, if I remember correctly, 90% of record companies belong to the RIAA. What about the 10%? what gives the RIAA the right to pretend to represent that last 10%?
WalMart (Score:4, Interesting)
It took a while (and I had to go pretty far up the chain of command) to assure them that Congress never wrote "All businesses have to give refunds/returns except WalMart" in the DMCA.
Something to be on the look-out for.
I used to buy cd's (Score:2, Interesting)
This is going to bite them in the @$$... (Score:1, Interesting)
Biting the hand that feeds isn't particularly the smartest move they could make, I mean it is retailers that sell their product, and they are the reason that retailers went over to selling used CDs on the side. It allows them to get by the high margins that the RIAA/MPAA set. If the RIAA had reasonable pricing that still allowed for the media retailers to put a comfortable margin on top for their operating costs and keep the prices under $15 (which we all know they could) then there wouldn't be as many shops going the used CD route.
There is plenty of room for everyone to make money, but the RIAA isn't interested in sharing, by keeping prices artificially high the RIAA makes it so that only the very big chains can afford to sell their products and actually make money (through bulk orders). They choke out the smaller stores, and then only have a few large, very sue-able, entities in which to do buisness. THis way they can control the distribution almost as much (if not as much) as they do the production.
but thats just my take on the situation.
*sigh* (Score:5, Interesting)
I guess the "equivalent of 421 compact disc burners" has now officially become 421 compact disc burners.
+1 for the RIAA spinmeister team.
-1 for truth.
Corner sandwich shop ripping off poor music execs (Score:5, Interesting)
Just last week I went down to Geraldi's, my favorite local mom and pop sub shop (seating capacity of about 8, counting the outside table) here in downtown Portand, and noticed a handwritten sign taped to one of the coolers. It reads Now, I guess I'm still ambivalent/undecided about the greater argument here, but this particular injunction - visited upon a struggling and honest small business owner - just struck me as being thorough to the point of malice.
Obviously the owner isn't making any additional sandwich sales from having RIAA-approved background music playing as opposed to the TV news or whatever. Certainly not $265/year's worth.
What about the lack of new material being released (Score:2, Interesting)
Distortion of the truth is nothing new. Politicians, newspapers and even myself are guilty of it by omitting facts or over emphasis of point. But all three of us have some accountability, in my case either my manager or my wife.
Can a group like the EFF get a test case going (like in the original BetaMax case) to see what the courts would decide. Then the FUD would die right off.
I forget where I read it. It would have been either
And we expected anything less? (Score:2, Interesting)
Don't forget duplicity! (Score:4, Interesting)
how used cd piracy works (Score:3, Interesting)
customer a sells a cd to the shop. shop marks up the cd 20 to 50%. then sells to customer b. customer b copies the cd at home (or several selected songs) and returns the cd. the result is that customer b gets his or her music for a couple of bucks all of which goes to the shop.
the problem for the riaa is that the shop never has an illegal cd, never has to copy them. and i sincerely doubt that used cd shops keep records of their customers. and even if they did, the riaa has no grounds to simply requisition customer lists and search their residences.
Re:There is no mention of 'used' anywhere (Score:3, Interesting)
Honestly have you ever been to a retail store which deals in pirated CDs? Is this really a problem in Amerika today? If I was a retailer who had to make rent and keep customers happy I'd probably find it easier to play by the rules and sell legit stock. The ONLY place I have ever seen pirated software for open sale was on the streets on NYC. I find it hard to believe that the problem is as widespread as it is being portrayed by the RIAA.
And while I'm on the topic the notion that used CDs are a "pirate market" because the license only applies to the first sale is insane and hypocritical. If all they are is alumiminum disks (completely unconnected to the license agreement) then I should be able to copy/transmit/backup the physical media at will and there should be a mechanism for me to sell my legally purchased license. Possesion is 9/10 of the law.
alex
Re:I used to buy cd's (Score:3, Interesting)
1. Ask to talk to the manager of the store. Explain the CD won't play. Get another one to replace it. If it will not play, ask for another one. Continue until either they give you your money back or you get one which will play.
2. If the manager won't do #1, then call the district office. Nothing makes a manager more willing to bend over backwards than to have someone higher up telling him to kiss your...er...feet.
3. If #2 doesn't work, then call the state office.
4. If #3 doesn't work, call the regional office.
5. If #4 doesn't work, call the national office.
6. By this time you should already either have your money back or five or six CDs as they try to appease you.
7. If #6 hasn't happened, then write a letter to the president of the corporation care of their national office. Presidents do NOT like to be disturbed by peasants....er customers and, truth to tell, I've never had to go past this point.
8. However! IANAL says: "Because CDs are sold shrinkwrapped they can not be listened to (in most major stores) before they are purchased and thus fall under the auspices of state and federal laws which guarantee that, if you are not satisfied with your purchase, you may return it." This is where the big controversy comes from. People are buying CDs and games, copying them, and then returning them for a refund. That isn't right. Either buy it and live with the outrageous costs or boycott it and live without the CD/game. Anything else is illegal. (And yeah - I know - second hand games, CDs, etc....blah blah blah. I'm talking about first time purchases at a store. Not over the internet, from your neighbor's dog, or whatever.)
There is no such thing as "You can't have your money back" in retail. My mom used to work for Montgomery Wards - ladies underwear. People would bring back underwear they'd worn for the past ten years and ask for brand new replacements! One lady only had the elastic left. The cloth had rotted away. Doesn't that strike you as going a bit overboard on the "Satisfaction guaranteed or your money back?" I do and I've never worked for Montgomery Wards.
Re:Used CD/DVD stores in Chicago (Score:1, Interesting)
Re:What about the lack of new material being relea (Score:3, Interesting)
I submitted this very interesting piece yesterday but it was rejected.
Re:Colleges (Score:1, Interesting)
I know the previous post was a troll, but I'll bite. Yes, many do ask for it so that they can look into your background and check your records. But it's also perfectly legal to not have a SSN...My newspaper ran a story the other day about an old lady who thinks that SSN's are like the mark of the beast so she doesn't have one. The article also mentioned that these colleges and retailers by law can't discriminate against people without SSN's. Just food for thought.
Re:Legit? (Score:1, Interesting)
Its unfortunate that every sale lost to completely legal alternatives is going to be used by the RIAA as a sale lost to P2P filesharing. Which, in turn, will be used as ammo by them to convince beurocrats to pass laws in their favour. In the end it will make it harder for the little guys to freely distribute their music.
We could very well have an internet in 50 years that looks the same as radio today. There will always be "pirate" stations, but the liscenced and government-approved ones will hold the vast majority of the audience.
Re:There is no mention of 'used' anywhere (Score:3, Interesting)
Re:Colleges (Score:2, Interesting)
They certainly do. I worked with applications records once, and the SSN is certainly in there. It's not mandatory - people can choose to not give it, although I don't know if we advertised this. We had lots of international applications which didn't have SSNs. We would just make up a number for these people, and for anyone in the US that didn't want to give out their SSN.
Note that you have to give out your SSN when applying for federal student aid, but that's usually a separate thing....
price of CD's (Score:2, Interesting)
my solution (Score:1, Interesting)
I simply stopped buying music
I do listen to the radio, but I dont even have any MP3's because, well I dont like the fucking music anymore!!!!
If you really want to cost the RIAA money stop funding them, make them profit-less so they cant afford their attorney fee's and go the way of Enron
Once the RIAA is dead, support your local bands and live freely and happily
Mix tapes (Score:4, Interesting)
I wonder if the RIAA is going to go after these people, and if this is going to raise an uproar in the Black community; these tapes seem to be part of the culture.
EB games returns (Score:2, Interesting)
Electronic Boutique is pretty cool about it. I bought a couple games there last month, and they said I could return them for any reason within two weeks. Exchange for anything else in the store, no problem. It could be that they recognize me by now, I do spend a certain amount there every year.
But I also checked their website, and they'll accept returns on anything within 30 days.
Not all merchants distrust their customers.
Re:Used CD/DVD stores in Chicago (Score:4, Interesting)
In the US, it's illegal for the government to ask you for this information without a law stating they can, and they have to explain to you why they need it and quote the law authorizing it.
None of this applies to the private world. A company is perfectly within their rights to ask you for your SSN as part of a transaction.
But you're also perfectly within your rights to refuse. In many cases, it just means escellating to a manager to see why they'd need something like your SSN, and whether they could use something else instead. In other cases, it means walking out and taking your business elsewhere.
Sometimes they just want a unique ID number and aren't smart enough to come up with something better than your SSN, and the clerks just don't know any better.
When I lived in Chgo... (Score:3, Interesting)
Who is "they"? I thought it was by local ordinance, the city of Chicago, maybe Cook County. You can find out from an affected merchant or City Hall. They *might* be online.
Oh hey, I'm right [chi.il.us]. Check for more news on this, especially challenges anyone has raised.
Anyway, extending a pawn shop reg to used DVD stores is not much of a stretch, so perhaps this is the City again. It sounds legal and reasonable under the City's police powers but, again, intrusive. Although the basic idea is OK, I imagine the fight would go to just how much information is collected. The details are critical. Don't forget to contact your aldermen and the mayor's office if you need to.
Re:WalMart (Score:2, Interesting)
My video card didn't jive with it. Crashed upon load. So I tried to take it back. They actually told me that it was against the law to return copyrighted material, regardless of the fact that my computer simply wouldn't run it.
I nearly lost it. (how the hell do libraries stay legal...) I've never heard such BS in my life. They refused to even swap the game for a cheaper one.
Long story short... they won. I bought a video card. Now I can run the game. Yay. I'm not sure it's worth the $170 total I've spent. Don't get me wrong, I like the game. I just remember why I bought a PS2.
But I sent BB a nasty snail mail. Maybe it'll get their attention. I doubt it, though.
RIAA Death Throes (Score:3, Interesting)
The RIAA is a doomed vampire that knows it is about to turn into dust and blow away. It is frantically looking around for any exposed vein it can still suck before the sun comes up.
Nice.
Re:Used CD/DVD stores in Chicago (Score:2, Interesting)
I've bought tools and such from Pawn shops and never had to show ID, but when I sold to them I had to fork it over.