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The Almighty Buck Media Music Your Rights Online

RIAA Seeks Estimated $97.8 Billion From MTU Student 827

theodp writes "The Detroit Free Press does the math on the damages sought by the RIAA from the Michigan Technological University student. The total? About $97.8 trillion--yes, trillion with a T--or enough money to buy every CD sold in America last year over again for the next 120,000 years, according to RIAA statistics." Update: 04/05 21:58 GMT by M : The Free Press can do the math, but not very well: the numbers provided show the RIAA is seeking some $97 billion dollars, not trillion. I'm sure the student is *much* happier. Headline updated.
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RIAA Seeks Estimated $97.8 Billion From MTU Student

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  • a little much? (Score:4, Insightful)

    by kmcg83 ( 634003 ) on Saturday April 05, 2003 @04:59PM (#5669614)
    U.S. gdp is 10.2 trillion...
  • by 3.1415926535 ( 243140 ) on Saturday April 05, 2003 @04:59PM (#5669616)
    Right, like the RIAA really lost $97.8 trillion worth of potential income from STUDENTS.
  • High Prices (Score:3, Insightful)

    by ShishCoBob ( 516335 ) <shishcobobNO@SPAMshishcobob.com> on Saturday April 05, 2003 @05:04PM (#5669645) Homepage
    And we thought the prices of CDs were high before. If this is any indication of where things are going I doubt I'll even be able to afford a single cd.
  • by rritterson ( 588983 ) on Saturday April 05, 2003 @05:04PM (#5669646)
    Assuming a person lives for exactly 76 years.... With that sum of money a person would have to spend $40.78 every second for his/her entire life, every day, and including during the night. That isn't taking into account the massive interest it would generate. Isn't that amount of money larger that the GNP of the US for a several year period. Honestly though, how do they expect to prove that each and every song did $150,000 worth of damage. If each album has 12 tracks and retails for $15, they'd have to prove that each album he offered caused 120,000 less copies of that album to be sold. Please!
  • They did the math? (Score:5, Insightful)

    by silvaran ( 214334 ) on Saturday April 05, 2003 @05:05PM (#5669653)
    $150,000 * 652,000
    = $97,800,000,000
    = $97,800,000 thousand
    = $97,800 million
    = $97.8 billion

    I think they're off by, ... ohh, about a factor of a thousand?
  • by 0x00000dcc ( 614432 ) on Saturday April 05, 2003 @05:06PM (#5669658) Journal
    Right, like the RIAA really lost $97.8 trillion worth of potential income from STUDENTS.

    They're about to loose the same weight in credibility.

  • IANAL... (Score:3, Insightful)

    by idontgno ( 624372 ) on Saturday April 05, 2003 @05:08PM (#5669679) Journal
    But I find it hard to believe that RIAA's legal weasels actually think goofy-ass numbers like this are credible. Never mind "in the public eye", but before the legal community. If the case proceeds before a jury, can anyone imagine the plaintiff stating the requested damages with a straight face?

    It's like a cosmic (and late) April Fools' joke.

    Again, IANAL, but I would have guessed that RIAA would have gone after multiple deep pockets in a "joint and several liability" mode. At least then, the numbers would be outrageously high by only about 3 orders of magnitude.

    And just when I thought the pigopolists had lost their ability to amaze and disgust...

  • Increased profits (Score:2, Insightful)

    by nidarion ( 654639 ) on Saturday April 05, 2003 @05:09PM (#5669680) Homepage
    The majority of piracy is done by those who either can't afford to buy 20 cds a month or those who find it easier to pirate than to run to the store (Which can be a lot of effort for some of us) and even then, we often don't find what we are looking for.

    If anything, The RIAA is doing better because of the so called illegal fringe of people who are fans of all the artists that generate even more popularity and exposure above and beyond paying customers.

    If they could adapt to this new situation, they might even get the fringe to become legit, but don't slam them, they're some of the most dogged fans. =)
  • Indexing systems (Score:2, Insightful)

    by 3.1415926535 ( 243140 ) on Saturday April 05, 2003 @05:10PM (#5669689)
    Can somebody explain to me why an indexing system, which simply provides a catalog of what's on a network, is "a sophisticated network designed to enable widespread music thievery"? What if nobody was sharing music? I'm concerned, because if this precedent is set, then potentially any program whatsoever that can be used illegally will be illegal. I don't want that to happen.
  • The legal fees... (Score:5, Insightful)

    by NOT-2-QUICK ( 114909 ) on Saturday April 05, 2003 @05:13PM (#5669702) Homepage
    Sure...97.8 Trillion might sound like quite a bit upfront...

    However, after all of the lawyers take their cut, the appropriate RIAA officials remove their share and court costs are assessed, I calculate the net gain for the actual artists to be somewhere in the neighborhood of about $20 bucks and smack on the ass! :-)

    - n2q

  • by Osiris Ani ( 230116 ) on Saturday April 05, 2003 @05:13PM (#5669704)
    I think all university officials should be singing this tune:
    "If you agree that you're liable in any way, then you have no alternative to monitor the networks. You're putting yourself in a position that you can't possibly fulfill. Even if that were technically possible with the staff the universities have, monitoring the flow of information on college networks is contrary to everything schools of higher education are about. We're providing this access as part of an environment for learning and teaching. It's used by a growing, learning community."
    - Virginia Rezmierski, Adjunct Associate Professor, University of Michigan School of Information and Gerald R. Ford School of Public Policy
  • by Anonymous Coward on Saturday April 05, 2003 @05:18PM (#5669740)

    All four students are CS majors.

    The systems in question don't appear to be much different than Archie or other fundamental tools for information discovery in a networked environment.

    This is intended to send a message to all those with the capability and inclination to build and deploy networked information systems - and that message is that you'd better not think it's acceptable to build open indexing systems like Archie in post-DMCA 2003.

    There's only one way to stop these thugs in their tracks, and that's to make it more expensive for them to file these sorts of lawsuits than it would be for them not to. Money is ALL these desperate idiots understand.

    The way to make it expensive, of course, is to organize a campaign to decrease the level of CD sales in this country far below today's already low levels.

    Such a campaign would require some organization, creativity and footwork. We'd need a simple-to-remember logo or slogan that could go on flyers, bumper stickers and T-shirts. We'd need some effective - and hopefully amusing - propaganda to distribute. We'd need people to go out to record stores, nightclubs and other places where music lovers hang out.

    Does anyone know of any groups that would be good candidates for organizing such a campaign?

    I'm angry enough right now that I could imagine standing outside the door to a Tower handing out flyers asking people not to spend their money inside.

    -Doug
  • by BWJones ( 18351 ) on Saturday April 05, 2003 @05:19PM (#5669753) Homepage Journal
    Ok, so I believe that the article is off in their calculations and it should be billion with a "B". At any rate, it seems that given the silly amount of money they are going after, the "accused" would simply laugh that sort of claim off. Yes, stealing is stealing. However, this sort of suit does nothing to help the RIAA's case. They would be far more effective by bringing more realistic suits in terms of dollar amounts that would actually perhaps frighten folks and keep them from posting media to the net for download.

    This whole music suit thing brings up another interesting exchange I had last week. One of the campus network guys was asking if I had any music on my workstation. I said yes, about thirty gigs or so, to which he replied, I had to take it off as the RIAA was "querying" systems on the network to determine if they contained music files. I replied as every song on there was purchased, paid for, and personally ripped from CD via iTunes, and I had every CD for which there was music for, I was not going to remove the music. Additionally, while my workstation was on the network, it was not open, the songs were not available to the outside world and anyone wanting those songs would have to hack into my system. So, no. I would not remove them. Even if the RIAA does somehow "query" my system, (Is this somehow possible if the system is "secure"?) they would be barking up the wrong tree.

  • by Marc2k ( 221814 ) on Saturday April 05, 2003 @05:20PM (#5669760) Homepage Journal
    The article says that the sum of money sought by the RIAA is 120,000 times the amount of revenue that the RIAA together pulled in last year. Hopefully, this will open peoples' eyes why one should NOT continue stuffing money in the dragon's mouth.
  • by Helmholtz ( 2715 ) on Saturday April 05, 2003 @05:33PM (#5669830) Homepage
    I don't even know what to think about this.

    From an artist's point of view, does this help the artist? I'm not a musician and have never seen any of the contracts that the RIAA makes with its musical talent, but from a select few artists that have spoken out against the RIAA, I get the impression that file sharing is definately not the thing that's keeping money out of the pocket of the musician.

    So, if this kind of action isn't for the good of the artist, then is it for the good of the company? I don't run a business of my own, so perhaps I'm under some false impressions, but it seems to me that the number one goal of business is to keep your existing customers excited and to constantly be trying to pull in new customers. This action as far as I can tell does exactly the opposite on both counts.

    And what about file sharing in the first place. I still don't understand why the people involved in this debate keep talking like a 128k bitrate encoded mp3 is just as good as the original wav. Now this is something that I've personally investigated and analyzed, and can concretly say they are definately not of the same quality.

    And what about the statistics. Which do you believe? I've looked at the RIAA's statistics showing how much revenue they lose because of file sharing. I'm not a statistician, but I really don't understand how they can claim that every traded song would have equaled an album sale. I've also looked at the statistics of the number of album sales during the years of Napster. While Napster was running full tilt, albums sales were hitting record numbers. Napster gets shut down, and the sales plunge. Once again, I'm not a statistician, but it seems to me that if I'm to be asked to believe that every song download == a missed sale, then I must also believe that Napster _created_ song sales instead of decreasing them.

    So, once again, I'm back to wondering why the RIAA is taking such a hard line. I think that until we understand the motivations of the RIAA that things will certainly continue to get worse instead of better. Of course there's always the possibility that the RIAA doesn't really understand themselves what kind of road they're choosing for themselves.

    In a sense I hope things get much much worse. Perhaps when a school teacher gets thrown in jail because he/she played a copyrighted song in class the public at large will finally wake up, realize what they've lost, and take it back. I'm a firm believer that Freedom can never be truly lost, just temporarily suspended.

    Anyway, that's my little rant on the subject. I appologize if it came off as a confusing diatribe, but unfortunately I don't see anything but confusion when I think about the current state of copyright.
  • by Marc2k ( 221814 ) on Saturday April 05, 2003 @05:35PM (#5669844) Homepage Journal
    Not that this is a justification of my downloading mp3s, but I wouldn't have bought probably 3/4 of the mp3s I have because I simply want one song off of the CD.

    Trust me, they know this. Decades ago, they realized that they could make much more money by pushing LPs (Long Play) instead of 2-4 song 7" records. Early recordings were generally the artists' best songs, those which the record companies knew you'd gobble up. But for a few a little more investment on their part, they could throw in 10 or more songs on one record at double (or more!) the cost. Now you were being hooked into buying a whole LP just to hear your favorite songs. The record companies have had us by the cajones since then, it's either buy the single for $6, or buy the whole shebang for ~$12.

    There are VERY few mainstream artists today who can pull off a full cd of killer material, but a few are actually out there.
  • 652,000 MP3s?!? (Score:5, Insightful)

    by cfallin ( 596080 ) on Saturday April 05, 2003 @05:36PM (#5669850) Homepage
    Assume an average 3-minute 128kbps MP3 - about 3 MB. 3 MB * 652000 = 1956000 MB. About 2 TERABYTES.

    Did this guy have a 20-disk RAID in his box, or am I missing something?
  • by siskbc ( 598067 ) on Saturday April 05, 2003 @05:42PM (#5669885) Homepage
    But $98 TRILLION??? [choke] That's just stupidly extortionate.

    Yeah, I don't know exactly what they're thinking. Are they going to continue to go after students? OK, ultimately they'll get the cash value of a futon and an old stereo....$15...and the student declares bankruptcy. Are they attempting a deterrent (they are, I believe)? If so, good luck - college students know they don't have anything to fear, being poor, and probably don't care anyway. Are they going to go after the colleges, eventually? Don't like their chances - first, I can't imagine a worse public relations move, and besides, they've never gone after an ISP.

    Seems as if the RIAA still doesn't have anything that looks like a real plan.

  • by Zeinfeld ( 263942 ) on Saturday April 05, 2003 @05:45PM (#5669911) Homepage
    $150,000 * 652,000 = $97.8 billion

    There you go again with your fuzzy math. There is enough money to save medicare and social security and eliminate all taxes for people who earn $500,000 a year.

    Its not 97.8 Billion, it is 97.8 billion EACH, thats almost $400 million, which is more than enough to balance the budget. All we have to do is to seize the assets of the RIAA and imprision Paul Krugman as an Enemy Combattant and we are done.

  • by Murmer ( 96505 ) on Saturday April 05, 2003 @05:46PM (#5669915) Homepage
    From an artist's point of view, does this help the artist?

    That can be answered by a simple question: does the money that the RIAA wins in these verdicts find its way into the artist's hands?

    I'm willing to bet money that the answer that is no.

  • by fname ( 199759 ) on Saturday April 05, 2003 @05:49PM (#5669935) Journal
    Pathetic on so many levels:

    1) Reporter does the math wrong. This is usually a minor point, but happens way to much. But the reporter puts so much emphasis on how much it is, that it's inexecsuable. Take a friggin' math class!

    2) Their editor missed it. I knew within 1 second of looking at the numbers that their math was wrong. Someone should have caught it.

    3) Slashdot reader makes the same mistake. Cripes, does anyone know how to use a calculator?

    4) The /. editor is either dumb or did not read the article. This error had to slip by 4(!) people to get posted in /. .

    5) 90% of the posters on /. didn't catch the error. At least it's assumed that /. readers won't RTFA, though, so we'll let that one go.

    Another point is that the number is a fantasy. The idea that one infraction is $150,000 just makes it easy to go after anyone. My take is, I hope the RIAA keeps going after colleges, because they're really close to getting a massive backlash.
  • by NuttyBee ( 90438 ) on Saturday April 05, 2003 @05:51PM (#5669948)
    Yeah stealing is stealing, but:

    How long did the record companies rake us over the coals with obscene prices for CDs that weren't very good? $18 for one decent song sounds pretty criminal to me and I endured it. My CD collection would be a lot smaller if Napster had been around 10 years ago.

    The record companies violated consumers for years. I don't have a problem with "payback." So really, who is stealing from whom? None of these companies are terribly altruistic.

    The RIAA is fighting a losing battle. A battle they can't win, so they sue.

    God Bless America.
  • Re: Wow... (Score:2, Insightful)

    by Black Parrot ( 19622 ) on Saturday April 05, 2003 @05:55PM (#5669966)


    > That could buy a really large Beowulf Cluster

    of lawyers.

  • by TheDanish ( 576008 ) on Saturday April 05, 2003 @06:03PM (#5670009) Journal
    You know that when people file suit, the initial amount is always an insane amount. Now, what would be news is if they WON that amount. Like that woman who won 28 billion dollars from the tobacco industry. That amount was reduced by three orders of magnitude, but that's still a lot of money. I somehow doubt that the students will have to pay quite as much as the initial claim is for. That isn't to say that the RIAA is right or anything like that, but I just thought I'd let you know that before you jump to any conclusions... em, too late for that, I guess...
  • by anonymous loser ( 58627 ) on Saturday April 05, 2003 @06:05PM (#5670021)
    Let's look at the numbers: 652,000 songs
    If we assume there are 20 tracks on an album (that's a large number, but we'll give them the benefit of the doubt), that gives us 32,600 albums. Now, let's assume that every artist puts out an average of 5 albums.

    Using these numbers, we'd find that this ONE guy has successfully collected the entire repertoire of 6,520 different artists.

    The storage space required for all those songs (stored as mp3s) would easily be in excess of 2TB.

    I seriously doubt the RIAA looked at every single file to verify it was in fact a complete, *unique* song within the collection, and that the copyright to every song belonged to them. For them to do so remotely would require them to download continuously for ~23 days at 1MB/s.

  • by WindowsTroll ( 243509 ) on Saturday April 05, 2003 @06:10PM (#5670051) Homepage
    Neither the article nor the (law)suits state that the amount asked for is for lost sales. The amount of money being sought is the maximum amount allowed by law. This is for punitive and compensatory damages. It seems to me that $150,000 per song is rediculous, but this number came out of Washington, not out of the RIAA. In our increasingly litigatious society, the amount of money for punitive and compensatory damages is rediculuous, but our society has the general idea of "screw the corporations, they have all the money". This is a case of "the man" taking advantage of the same laws used against him daily. Except in this case, they have no hopes of collecting any money. The frivolity of their suit matches the frivolity of most lawsuits these days.

    Whether or not you agree with existing copyrights, or you feel that the recording companies are colluding to steal your money, the fact of the matter is, based on current laws, distributing copies of copyrighted materials is agsint the law. Instead of complaining about how "the man is trying to screw me" or setting up p2p networks to distribute mp3's, I would suggest that people who are against the RIAA and music copyrights work to get the laws changed.

    Instead of spending money on CD's, use that money to start an advocacy group. Donate some money to the EFF or some other organization who might be willing to fight for your cause. Instead of running a server to host your mp3's (bandwidth costs money and the mp3's have to originate from a CD at some point), discontinue these servers and use the money towards advocacy. Spend your effort changing the laws instead of flying the finger at the establishment.

  • by ArmyOfFun ( 652320 ) on Saturday April 05, 2003 @06:18PM (#5670116)
    As a fellow CS student at MTU, Joe Nievelt is not only one of our best undergrads, and not just one of the best in the region [mtu.edu] but one of the nation's best [mtu.edu] as well.

    As for what was actually going on, I don't live in the dorms, and hadn't heard of this until after the news stories came out, so I didn't know about it. However, Tech is small, about 6,000 students total, maybe a quarter of that live on our small campus. I did live in our dorms my freshman year and the dorm lans were limited by the building you were in, so they're fairly small networks, I couldn't believe the RIAA would target this guy.
  • by Viewsonic ( 584922 ) on Saturday April 05, 2003 @06:30PM (#5670184)
    And the judge will laugh at them. If they had sued for maybe $100 or so, the amount a student MIGHT spend in a years time, it would be better. The fact that they shared them might fall under some other clause, but not for attributable software losses, for that they'll have to go after the people who downloaded all the files indivually.
  • by siphoncolder ( 533004 ) on Saturday April 05, 2003 @06:33PM (#5670199) Homepage
    There's a reason the music biz won't do what you suggest though, and it's such a simple and rational reason that you and the rest of /. will bow your heads with a collective "Oh.":

    Distribution control.

    A CD/DVD is something physical to which they control the production of, and can therefore control the sale of, but most imporantly: they have the resources that allow them to create and maintain the production of CDs/DVDs, in massive quantities. If you want worldwide distribution, you go to "The Industry" because they have the best resources.

    Now: take away the need for said resources in order to get your music heard. Charge by the song rather than disc, and remove the need for discs to be manufactured and distributed. Make up a site, advertise on the web, and buy the bandwidth you'll need to serve the song for a limited amount of time (because you will run into diminishing returns as time goes on and the song gets pirated into oblivion soon after).

    Plain and simple: that will get you money still, just lots LESS of it. Also, it will lose you control because now that the cost of production is gone, anyone can do it.

    This is why the industry will never (1) go along with the net for distribution and (2) why they will use their resources now to STIFLE this technology - they won't be the first to jump off the cliff, and if anyone else jumps, they're the 800lb gorilla holding the rope around their necks.

  • by afidel ( 530433 ) on Saturday April 05, 2003 @06:38PM (#5670224)
    Actually the numbers being talked about are punitive damages imposed by the government so the point IS relevant.
  • by rw2 ( 17419 ) on Saturday April 05, 2003 @06:38PM (#5670225) Homepage
    People are focusing on the wrong thing. The point isn't $97T, $97B or $100K. The point is that the RIAA is finally going after a law breaker. They went after colleges and other carriers for too long even though *they weren't breaking the law*.

    Now they are going after the kids that actually broke the law and everyone is still pissed.

    Hell with that. These kids should be the ones being put to trial. Maybe now the laws can be shown for the unmitigated sillyness that they are and either shown unconstitutional or at least have a $97B judgement against some kids show the public how out of control this all is.

    This is the right suit. Let's make sure it's the right result by now dwelling on the RIAA and instead dwelling on the law.
  • by rockhome ( 97505 ) on Saturday April 05, 2003 @06:43PM (#5670252) Journal
    Here is an idea:

    Why don't you all just sod off and NOT BUY ANY MORE CD'S!!!!!!!

    Then, the RIAA constituent companies will lose money and be forced to deal with the issue.

    Listen to the radio, got to concerts, gad, get out from in front of the computer(yes I see the irony), put down the porn and go out and do something. Read a book. A real book. Not some Piers Anthony sexual romp.

    Go to the library, sit, where it is free, and read book, for free. Grahm Greene's "The Power and the Glory" is good. Maybe "Heart of Darknes" by Conrad. Edmund Morris's "Theodore Rex" and "The Rise of Theodore Roosevelt" are good choices.
  • by twitter ( 104583 ) on Saturday April 05, 2003 @06:48PM (#5670278) Homepage Journal
    The bill of rights only outlines rights provided by citizens from the government. In a civil suit, where the government is not a party, the constitution has little say.

    If the students were being fined for the VALUE of their "theft", they would be much better off. They are aledged to have denied the RIAA income on some 650,000 songs. At 50 cents a song, they would only be down som $300,000 and mearly ruined insead of owning the RIAA the assets of a small oil rich country. Actually proving the value of the losses is impossible of course because, in reality, there were none. All the students in question did was index other people's shared files and the fault was not theirs if the was any fault at all.

    The whole case is absurd and will eliminate any residual good will the major music labels have. It's so obviously stupid that 36 year old farts like me can see it.

  • by evilpenguin ( 18720 ) on Saturday April 05, 2003 @06:53PM (#5670295)
    The "how" it is different are those little acronyms you see next to song credits on albums (for those of you who still buy your music), BMI and ASCAP. You see, the radio biz and the recording biz worked out a deal. Any radio station that wants to play music buys a license with one ore more of these rights adminstrators (BMI and ASCAP being the largest). They then get the rights to play music over the air under a contract.

    In other words, when you listen to songs on the radio, the RIAA has already been paid (actually, the RIAA is a dues-based advocacy non-profit, funded by the very much for-profit record companies). If you time shift a radio broadcast (record it and play it later) for yourself and only for yourself, you are within the law (as it stands today, but watch for DMCA limits to come in once services are digital). But if you copy that recording, you are "retransmitting."

    It's goofy, I'll admit. And I think the recording industry is completely screwing up, trying to maintain the status quo in the face of a disruptive technology, but I still wish all you file sharers would remember that you are giving ammunition to the DRM/DMCA/Palladium/Region Coding "its not your computer, its a licensed playback device" advocates and their "you can't have control of your own hardware" laws.

    Your actions have consequences, and the ability to do something has nothing to do with either its legality or its morality. "I want it" is neither a moral nor a legal argument.

    The purpose of intellectual property law is to encourage production of culture and science. This has been true ever since the very first such law (the Statute of Anne in England) came into being. Works used to be protected primarily through the difficulty of copying. The printing press was the disruptive technology then. And copyright was the protection.

    I've heard the argument advanced here that since a clear majority would like free file sharing, it is undemocratic to have laws that punish infringement. This is obvious nonsense. If you put out a ballot initiative that said "Would you like for milk to be free?" I believe you might get a majority behind it. But milk isn't free. Nor is it obvious that it should be free.

    No less a figure than Thomas Jefferson points out the difference between intellectual property and milk, however, when he points out that someone who learns and idea from me in no way diminishes my possession of it, "as he who lights his taper from mine takes no light from me." (I think that's roughly what he said -- I don't have the quote in front of me). But intellectual property law is intended to make such a possession exclusive for a limited period of time. The original term of copyright in the US was 14 years. Just 14 years. Now it is life of the author +70 years! Im not sure how a dead person may be encouraged to produce new works of culture or science.

    So, I see two problems. First, the effective extension of intellectual property into real property. Second, the complete refusal of the recording/publishing/film industries to recognize a fundamental change in the customer's desires from the market and in the nature of the market itself.

    The first requires political action. I think we need to actually roll back IP law to shorter terms. The Commons is being plundered in the name of corporate profit. We can fight back. Join the EFF [eff.org] and keep an eye out for their action alerts (which you can watch right here on /.).

    The second requires some entreprenurship and some vision on the part of the media companies. For example, a subscription based file sharing system. With student rates. $0.10/Megabyte, or $500/year unlimited, etc. (I haven't seriously tried to come up with reasoable prices there). But the industry and the artists deserve their compensation, and the consumer deserves what they want -- cheap, easy access to just the music they want when they want it.

    I want a world where my hardwa
  • The point is... (Score:3, Insightful)

    by monoqlith ( 610041 ) on Saturday April 05, 2003 @06:56PM (#5670312)
    that it's incredibly unrealistic to say that suing the shit out of every pirate in the United States is going to have any bearing on the general trend. The other point is that the Music "Industry" itself is unnecessary - middle men whose only real job is to make themselves seem necessary. They need rouse themselves from their stupor and realize that they have to adapt to a new technological world or else die. The longer they think that scaring people and alienating customers will help, the more likely the eventuality of their death. They need to make it easier for the public to pay for online music than it is to get it at the moment. until then, they have no chance in hell. Moreover, RIAA serves corporations rights - if talent can proliferate naturally through MP3 file sharing, then why do we need corporations? RIAA is about protecting the profits of the music distributors, not the artists themselves.
  • by dabootsie ( 590376 ) on Saturday April 05, 2003 @06:59PM (#5670320)
    One student, who was supposedly sharing 652,000 songs. At maybe 3 megabytes each, that's around 2 terabytes of data.

    I'd like to know how the RIAA expects anyone to believe one college student had that much storage, much less convince anyone that 98 billion is a credible loss figure.
  • Yawn... (Score:3, Insightful)

    by TheShadow ( 76709 ) on Saturday April 05, 2003 @06:59PM (#5670321)
    All this lawsuit will do is cause this guy to file personal bankruptcy and he won't have to pay a thing.

    The RIAA is just out to prove a point.
  • by Cromac ( 610264 ) on Saturday April 05, 2003 @07:37PM (#5670477)
    I'm sure all the government overhead of starting something like that would eat up the 97 billion in a year. They'd have to create entire new agencies, then more enforcement agencies, congressional comitees, senate oversight comitees, and so on and so on...Then they'd raise the taxs saying that $48/year wasn't enough and they'd raise that tax because of course some people can't afford it.

    Do you really want to open that can of worms?

  • by raian ( 23120 ) on Saturday April 05, 2003 @08:32PM (#5670760)
    The amount of money being sought is the maximum amount allowed by law. This is for punitive and compensatory damages. It seems to me that $150,000 per song is rediculous, but this number came out of Washington, not out of the RIAA.

    It is especially ridiculous when you consider that Bush wants to set the maximum compensatory damages for victims of medical negligence to $250,000 [multinationalmonitor.org].

    One life, $250,000. One song, $150,000. Incredible.
  • by Dr. Zowie ( 109983 ) <slashdotNO@SPAMdeforest.org> on Saturday April 05, 2003 @08:33PM (#5670766)
    The problem is that the genii is out of the bottle. The whole idea behind large monetary penalties is that they're supposed be an approximately linear deterrent: double the amount of money something will cost you, and double the deterrence. But at some point large penalties cease to be an additional deterrent. Law alone simply isn't the right tool to influence behavior at that level.

    File trading is so easy and so desirable on the small scale, that it's impossible to deter it using the courts. You can't haul in everyone who trades files -- so you have to increase the deterrence by really walloping the few that you can. The problem is that there's little difference (to a student) between having to pay 97,000 dollars, or 97,000,000 dollars. Upping the ante by another factor of a million, to 97,000,000,000,000 dollars, isn't any more of a deterrent -- at that point it devolves to abstract numbers.

    Another millieu that shows the same kind of saturation deterrence is the drug war (spit). It's easy, cheap, and desirable enough for many folks to smoke pot, that the courts literally could not handle them all. Stiffer penalties don't work so well, because the penalties are already so unreasonably stiff that they don't affect most peoples' risk assessment.

    When this phenomenon occurs in photography, it's called "reciprocity failure" normally, each additional photon hitting a piece of film exposes the film the same amount, regardless of the actual intensity -- so you can photograph a dim object, with a longer exposure time. But for very long exposure times, that picture breaks down: the partially-exposed silver halide grains repair themselves in between photon strikes, so exposing film to a weak light source for a very long time doesn't have the effect you'd expect. It makes sense to think of file trading and the drug war as examples of deterrence reciprocity failure.

  • by Spy Hunter ( 317220 ) on Saturday April 05, 2003 @08:37PM (#5670787) Journal
    NO!!!! NO!!!! NO!!!!

    This is STILL the wrong suit for them to be filing. They are not going after these people because they are sharing files, they are going after them for running network search services. Services that have legitimate uses and do not host or provide any copyrighted content. The RIAA STILL doesn't get it. They should be going after the students on the network who were sharing the mp3s from their computers. The search service doesn't allow copyright infringement, it's the people sharing. The files are easily accessible without any search service. Unfortunately, I'm sure the judge won't get it either. These guys are going to get raped by the justice system.

  • Re:OMG!!!11 (Score:2, Insightful)

    by Moofie ( 22272 ) <lee AT ringofsaturn DOT com> on Saturday April 05, 2003 @09:01PM (#5670879) Homepage
    Yeah, and that Rosa Parks bitch should have just took her black ass to the back of the bus.

    Obeying bad laws is not "good".
  • by Phroggy ( 441 ) <slashdot3@ p h roggy.com> on Saturday April 05, 2003 @09:33PM (#5670979) Homepage
    It seems to me that $150,000 per song is rediculous, but this number came out of Washington, not out of the RIAA.

    And how do you suppose it got into Washington?
  • Re:Go where? (Score:5, Insightful)

    by mbogosian ( 537034 ) <<matt> <at> <arenaunlimited.com>> on Saturday April 05, 2003 @10:03PM (#5671112) Homepage
    You live in a country with an incredibly good road system. You can get *anywhere* in the continental US by road. You can't get more than 15 miles away from a road in the continetal US.

    And Canada, France, Great Britain, Italy, Germany, Austria, Sweden all have poor transportation?

    You have running water. Reliably. You have indoor plumbing. You have readily available food. You have electricity.

    Again, CA, FR, GB, IT, DE, SE don't have these?

    You live in a place that has as many cars as families, because cars and gas are just that damned cheap here.

    Is this a good thing? Do you know how much O2 a 5-liter Uh-mer-kin muscle car chews up just from driving to and from work on a semi-daily basis? Do you have any idea how many CO2-consuming organisms it takes to support your average Camero or Mustang owner? Why do we have so many cars here? Why aren't they needed in Manhattan or in most of Europe? Because our automotive industry killed our light rail industry in the first half of this century. We produce 3% of the world's oil. We consume nearly 60%. Hence our current predicament with our dependency on foreign oil. No, having that many cars is not something to boast about.

    You don't have to fear for your life walking down the street (well, in some places, you do, but it's safer here than much of the rest of the world).

    In most Iranian metropolitan areas, women can walk around at 03:00 alone without fear of abduction or harassment. People there don't give it any thought. I can't name one major city where this is true in the United States.

    This is a nation in which *anyone* can get a job. Not necessarily a good job, or the job they want, but you can land a job that'll pay well enough for you to eat every day.

    Unemployment in Switzerland has not reached more than 6% in over ten years. It averages around 3%-4%. You should read this [henryholt.com] if you want a better handle on what it means to be employed in this country.

    I can drink the water anywhere in this nation without fear. Some places it looks a little brown, or have hard water, etc., but you can drink it without *dying*.

    Once more, CA, FR, GB, IT, DE, SE don't have these?

    You have incredible medical care. I know many places have better systems for covering payment, and it's free in many places, but there's very few places in US where you can't get immediate medical care.

    The US has the best doctors in the world. We also have the highest liability. Does this seem odd to you? We are encouraging our doctors to become mediocre because it's not worth it to practice. I've talked with a fair amount of doctors (my family has more than its fair share of people working in medicine). They almost unilaterally have two pieces of advice for people in this country:

    1. If you're thinking of becoming a doctor: don't.
    2. Don't get sick, because unless you're rich, you'll get shit for care.

    It's simply that, the particular set of advantages you get by being an American and living here on American soil is almost impossible to get anywhere else. Many places have worthwhile tradeoffs, but you can't get all the above just about anywhere else.

    I realize that many of the above comments don't apply to everywhere in the world, and I apologize to the denizens of any nation that may be that much better, but I think that most of them apply somewhere.


    The truth is that many cities outside the US are more livable [mercerhr.com] than those within its borders. Hell, there are 9 countries which rank higher than we do [worldaudit.org] in an audit of world democracies.

    Please don't misunderstand. The US is a great place to live...one of the best in the world. I'm just real tired of its citizens thinking that this country's shit
  • Re:Go where? (Score:3, Insightful)

    by Malcontent ( 40834 ) on Saturday April 05, 2003 @10:12PM (#5671150)
    "right now (forgoing the orwellian near future, for a moment), there is simply no better place to be."

    Wow what an odd thing to say. Do you really mean that? On what basis do you form that argument. Let's look at some of your statements.

    "You live in a country with an incredibly good road system. "

    Well I didn't know this was so important but I have traveled to many countries with real good road systems. Last I checked all of europe had good road systems as did japan, australia, new zealand, and even a few asian countries.

    "You have running water. Reliably. You have indoor plumbing. You have readily available food. You have electricity. You live in a place that has as many cars as families, because cars and gas are just that damned cheap here."

    Let's see I guess the above mentioned countries all also have clean water, food, electricy and cars. Gas is more expensive in most fo the world but the public transportaion is great too.

    "You have the best military in the world. "

    No argument there. We likes to kill!. We spend more of our taxes on military then anybody else. We would rather have a bigger bombs then affordable health care and education.

    "ou don't have to fear for your life walking down the street (well, in some places, you do, but it's safer here than much of the rest of the world)."

    We have one of the highest crime rates in the world and the highest murder rate. US is quite possibly the most dangerous place to live when it comes to being victims of violent crime.

    "This is a nation in which *anyone* can get a job. Not necessarily a good job, or the job they want, but you can land a job that'll pay well enough for you to eat every day."

    Most of europe, canada, new zealand, and australia enjoy great unemployment rates. Also if for some reason you can't get a job they have great social programs to make sure you don't starve or die of disease. I think they have us beat on that one.

    "I can drink the water anywhere in this nation without fear. Some places it looks a little brown, or have hard water, etc., but you can drink it without *dying*."

    Yes I know all those europeans die every day from drinking the water. I also heard of the great water pestilence in japan and china. It is said that if your lips ever touch water in singapore you simply keel over and die.

    "You have incredible medical care. I know many places have better systems for covering payment, and it's free in many places, but there's very few places in US where you can't get immediate medical care."

    US health care is great if you can pay for it. Otherwise you have to declare banckrupcy after vising the emergency room. Other countries seem to be able to make sure everybody can get decent health care and preventitive care. Last I checked US was somewhere around fourth or fifth in infant mortality.

    "but I see every day how much worse it could be, and I'm happy for what we have."

    It could always be worse. I bet even people in cambodia were saying that during the reign on Pol Pot. Sure it can always get worse but if you ever take the time to actually travel you will find out that it can get so much better too.

  • My Wish (Score:1, Insightful)

    by Anonymous Coward on Saturday April 05, 2003 @10:32PM (#5671238)
    I hope this kid gets the case dropped and then sues the damn RIAA for malicous prosecution and gets a big pay day. These assholes are wasting this persons time, costing them legal fees, and draging them across the news nationwide. You can not expect, this person to be responsible for someone downloading something without a license. The best they can ask for is the actual cost of obtaining all that music. If the RIAA wins this case there is something severly wrong with our legal system. If I leave my house open and someone robs me is it still a crime, yes. So why is it any different how is this person fiscally responsible for some one elses actions.
  • by stand ( 126023 ) <stan.dyck@noSPAM.gmail.com> on Saturday April 05, 2003 @10:49PM (#5671300) Homepage Journal

    Lawrence Lessig has a good response on his blog [stanford.edu]...

    Let this extremism finally force recognition of the best response to this problem for now: a compulsory license with a large carve out for non-commercial "sharing."

    Time to write my Congressman again...

  • questions (Score:4, Insightful)

    by bob dobalina ( 40544 ) on Sunday April 06, 2003 @01:21AM (#5671864)
    1) Why hasn't an organization arisen to challenge the RIAA? I mean, it's my understanding that being a member of the RIAA is *not* legally required of a record label. When one considers the tons of indie labels out there that, thanks to free downloading off websites and through p2p networks, it makes me wonder why large groups of independents that have good talent and catalogs, like Caroline, Epitaph, Six Degrees, all the way down to little labels like ESL, tru thoughts, fork in hand and others haven't forged an alliance simply to combat this insanity. This seems like a golden opportunity to seize the thunder of the big six and woo bands to the "free music" side of the aisle. But then, when one considers how often bands tend to jump around labels, maybe the problem is more endemic to record labels than just the big six...

    2) Speaking of bands, where are "the talent" in all this? why don't we hear from the bands beyond the occasional (apparent) nutcase voicing his opinion then going back to the label lounge? We keep hearing about how the big nasty RIAA is pimping their work and buying out their right to their creative work (if I have to hear Tom Petty's sob story one more time I'm going to puke), but why aren't so many top label bands coming out in favor for/against the RIAA behavior? Many of the A-list acts can certainly get along just fine no matter what label they're on, so if they can extricate themselves from the labels, why don't they? If Fred Durst really thinks mp3's should be free, why doesn't he just jump ship and release his band's own stuff on his own terms? Oh wait, he's VP of Interscope. Nevermind....
  • by Anonymous Coward on Sunday April 06, 2003 @05:15AM (#5672483)
    terrible. corporations DO have all the money. Never has such an entity existed. An entity that exists for one reason and one reason only... to maximize profits. One of the liabilities of exploiting this lucrative opportunity to amass profits of mass dimension is that you are accountable to the courts of law for harming the consumer. Lawsuits only seem frivolous because they are condensed into byte sized pieces for mass consumption. Read a complete case, see the amount of time, number of people, and steps followed to sucessfully pursue a case in court and tell me that the damages awarded in such a case are frivolous. Extreme damages awarded are the ONLY and I again stress ONLY way to get companies to change their ways. Only when an award is enough to erode shareholder value is the issue big enough to warrant immediate action by top management. Were it not for so-called frivolous lawsuits many of the corporations which you depend on daily would be exploiting your inaction and lack of legal recourse. hugh
  • Right... (Score:3, Insightful)

    by composer777 ( 175489 ) on Sunday April 06, 2003 @07:27AM (#5672685)
    Government has a terrible flaw, and that flaw is that it has the potential for democracy. Coprorations are perfect tyrannies.

    The problem with setting up a tax is that this is exactly what these corrupt, free-loading assholes want you to do. My response is, "Fuck you!". I'll pay their fees as soon as they reduce copyright terms down to 20 years, and give a substantial portion of their money to fostering competition in this corrupt, price-fixed industry. Until then, no thanks.
  • by WindowsTroll ( 243509 ) on Sunday April 06, 2003 @09:41AM (#5672906) Homepage
    All I know is that the law should follow popular sentiment, and popular sentiment is that music sharing should be legal. Therefore it *is* legal, and anyone who says otherwise is not a legitimate authority

    I have to say that I find this argument disturbing. At one time in U.S. history, slavery was legal. Slaves were property and could be treated in whatever manner the slave owner deemed appropriate - including physical beatings and starvation. Popular sentiment is that this was fine. Was popular sentiment correct?

    Popular sentiment currently holds in areas that have anti-sodomy laws. Now while I personally don't see the attraction of such activities, does the government have the right to interfere in the conduct of consenting adults?

    Convince me that's even possible anymore and maybe I'll consider it. Until then, civil disobedience is the order of the day

    I will concede that unless you have a paid lobbyist working for you, it is difficult to get your cause noticed. This does not mean that you should just give up because the effort is hard. In terms of file sharing, this is not a case of civil disobedience. Civil disobedience is not agreeing with a law and doing a public protest of the law risking personal jeopardy. Consider Thoreau - he did not agree with a tax, so he refused to pay it. As a result, he spent time in jail. Consider the anti-war protestors who want to create a public disturbance to get TV time to get their position heard. They sit in the streets and block traffic until the police come and take them away.

    Trading files anonymously over the net is not civil disobedience. It is breaking the law with little fear of getting caught. If you want to engage in civil disobedience, get about 500 people who are willing to go to Walmart at the same time, and each of you walk out of the store with a CD - holding it in the air as you do to broadcast to the world that you going to steal the CD. Make T-shirts and signs that protest copyrights. Call the local TV station ahead of time and tell them that 500 people are going to go to Walmart to steal CD's. Call a lawyer first to make sure that you can get by with only a slap on the wrist - and then go publicly steal the CD's. Heck, start a web site and try to have a national "Steal a CD to protest song copyrights" Day and try to get 100,000 people to go steal a CD. This would certainly bring attention to your cause.

  • Re:Go where? (Score:2, Insightful)

    by RodgerDodger ( 575834 ) on Sunday April 06, 2003 @07:47PM (#5675452)
    You know, that's exactly the bullshit attitude complained about.

    "I don't like what you say, so piss off" isn't exactly a mature response, you know. I didn't realise that the American constitution gave the "right to free speech, but only if you agree with me".

    You know, you Americans have vilified the French because they disagreed with you. They didn't attack you, and they didn't insult you, but your leadership, and the common people of the USA, decide to smear the French disgracefully, simply because they said they thought you were wrong. And you wonder why the rest of the world doesn't like you.

    Voltaire (a French philosopher) once wrote "Think for yourselves and let others enjoy the privilege to do so too". Some good advice. An American woman, Evelyn Hall, paraphrased this to "I disapprove of what you say, but I will defend to the death your right to say it". You know, there are some places where that's taken as a goal to aspire towards, not something to pay lipservice to and ignore.

    Go troll somewhere else, you stupid git.

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