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Music Media Your Rights Online

RIAA Apologizes for Incorrect Infringement Notice 525

theradixhunter writes "News.com is reporting that the RIAA has apologized to the Pennsylvania State University for sending a threatening letter making an incorrect allegations of copyright violations. It appears that the automated system that the RIAA uses picked the term "Usher" and the extenstion ".mp3" on an FTP site hosting the work of Professor Emeritus Peter Usher and falsely assumed that the files were songs by the musician Usher. The university accepted the apology saying "that this was an honest mistake by the recording industry" and Spokesman Tysen Kendig said Penn State "remains committed to working closely with the RIAA"."
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RIAA Apologizes for Incorrect Infringement Notice

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  • finally (Score:3, Insightful)

    by tetro ( 545711 ) on Tuesday May 13, 2003 @12:13AM (#5942248) Homepage
    finally, a public apology. Didn't this happen a while back when some child got in trouble for having a Word document and the line "Harry Potter" was found.
  • So... (Score:5, Insightful)

    by nebaz ( 453974 ) on Tuesday May 13, 2003 @12:13AM (#5942250)
    Is the RIAA going to pay for the legal fees the university incurred? Or the time they could have used to educate their students rather than going on a wild goose chase? I rather doubt it.
  • False Accusations? (Score:0, Insightful)

    by Anonymous Coward on Tuesday May 13, 2003 @12:15AM (#5942255)
    Shouldn't the RIAA be liable for making such false accusations?

    Perhaps I should create a work of art called JPG, and then start sending out threatening letters to any site that may have "JPG" on it...
  • ... But a victory nonetheless.

    I have nothing better to do while waiting for a kernel to compile, so...

    I find it to be the usual government style of action: act first, apologize later. They send out threat form letters to anyone who might be violating their stupid-*** laws, and then when they find they're wrong, they throw out a whoops, and they're done. There is something very wrong with that picture.

    (-:Stephonovich:-)

  • by DJ Rubbie ( 621940 ) on Tuesday May 13, 2003 @12:18AM (#5942279) Homepage Journal
    Just like that other time when OpenOffice.org got nailed for distributing their own software.

    Yup, that's their mentality: Guilty until proven innocent.
  • by swifticus ( 191301 ) on Tuesday May 13, 2003 @12:20AM (#5942284)
    "We have withdrawn, and apologize for, the DMCA notice that had been sent to Penn State University in error. In order to safeguard against errors like this one, we have individuals look at each and every notice we send out. In this particular instance, a temp employee made a mistake and did not follow RIAA's established protocol, and we regret any inconvenience this may have caused. We are currently reviewing any other notices this temp may have sent."

    I think by "temp employee," they mean to say the person responsible is now fired. Doesn't sound like the RIAA really took responsibility for the incident either, but rather placed the blame on John Doe.
  • by SysKoll ( 48967 ) on Tuesday May 13, 2003 @12:21AM (#5942289)

    Penn acted as spineless morons.

    They should have slapped the RIAA fools with a libel lawsuit and requested an injunction to keep RIAA away from their computers forever or else. Then, only then, settled out of court if needed.

    You can't even trust academia to defend their own these days. Sheesh.

    -- SysKoll
  • by wo1verin3 ( 473094 ) on Tuesday May 13, 2003 @12:25AM (#5942309) Homepage
    On that note, maybe we should start putting files called "this_is_not_britney_spears_hit_me_baby_one_more_t ime.txt.mp3" files on public ftp servers..

    That aside, is there any sort of legal problem with the RIAA randomly searching FTP sites and logging in to them searching through directories for files? Is this unauthorized access if there is an MOTD that states they are not allowed to access it?
  • by adsl ( 595429 ) on Tuesday May 13, 2003 @12:28AM (#5942323)
    Simply amazing that the RIAA with all their highly paid Lawyers is actually run by temporary employees who have the real Power. LOL Are the RIAA for real, trying to blame some temp employee upon whom they gifted the ultimate powers of a Billion dollar organization..... Sort of sets up a defence, I am sorry I didn't actually download these illegal music files, it was done by a temp empoyee of mine who I have fired. Please accept my apologises like yours were accepted by Penn State University or is there one Rule for you and another fo me:)
  • by sisukapalli1 ( 471175 ) on Tuesday May 13, 2003 @12:29AM (#5942328)
    I agree... It is also just a matter of time before some people's careers or lives will be irreversibly harmed by this "shoot first, ask questions later" approach. All for protecting a dying business model of corportations that refuse to be nimble.

    I hope that one day the RIAA programs will trespass some secret government sites and the execs get punished as severely as Kevin Mitnick was.

    S
  • Yes, I do. I was simply saying it's rather like the government in it's modus operandi.

    (-:Stephonovich:-)

  • It's about time! (Score:3, Insightful)

    by qewl ( 671495 ) on Tuesday May 13, 2003 @12:42AM (#5942390)
    It's about time we hear some apologies from the RIAA! Their methods of trying to make people "ethical" is offensive to many such as sending messages to KaZaA users.

    What the music business really needs to do is lower CD prices to less than $10. I, for one, and most of the people I know would shell out that money a lot more often for the enhanced quality of a CD and the extra time for not having to download an album of MP3's. The price differences are outrageous though- a 50 cent CD-R or $20 for a nice jewel case? I know I don't feel a moral obligation to give $15 to a record company and $5 to an artist (yes, record companies are thieves) for a single song I like by a one hit wonder.

    The music business is really behind in their game. Mass produced CD's don't offer much more than burned CD's. If they threw in a bonus on every CD that a rip of MP3's wouldn't offer, such as a video on every disc or a license for any use of the audio such as sampling without royalties, it would make a world of difference. We buy MSDN discs for snippets of code; we should get to sample some audio from CD's. Programmers work off the previous work of other coders, musicians should also be able to as long as recognition is given without hindering royaties. Such resampling and remixes often even bring more publicity to a song's original composer. The music business just needs to figure out how to use their resources in different ways to make money in the new world of digital music. MP3's aren't going to go away, which apparently the RIAA has yet to realize.

    -Greg
  • by LamerX ( 164968 ) on Tuesday May 13, 2003 @12:42AM (#5942392) Journal
    Oh so you think. Who's pockets do you think get lined to pass laws like the one that extends copyright indefinitely? Or how about the DMCA? Or how about the CDBPTA, or DPCPTA or whatever it's called? I'm sure that there were plenty of lobbyists in the government, and plenty of politicans that are former or still are CEOs or VPs. The problem today is that he who has the most money, can get into office, and pay lobbyists enough money, and run the biggest campaigns to get whatever they want done.
  • by Gortbusters.org ( 637314 ) on Tuesday May 13, 2003 @12:57AM (#5942458) Homepage Journal
    Hey, it's like Iraq... attack first, find no weapons of mass destruction, and apologize later! It's almost laughable! ... if it wasn't so scary.
  • Re:So... (Score:5, Insightful)

    by hype7 ( 239530 ) <u3295110&anu,edu,au> on Tuesday May 13, 2003 @01:00AM (#5942474) Journal
    more importantly, it shows why the RIAA shouldn't have instant access to ISP details (Verizon case IIRC). They make mistakes; a judge is a relevant and important step in the way of preventing innocent people from being nailed for errors like this.

    -- james
  • by Esion Modnar ( 632431 ) on Tuesday May 13, 2003 @01:04AM (#5942489)
    On that note, maybe we should start putting files called "this_is_not_britney_spears_hit_me_baby_one_more_t ime.txt.mp3" files on public ftp servers..

    Madonna and others place bogus mp3 files out there, just to make it harder to find real mp3's...

    And now we're going to put bogus mp3 files out there, to make it harder for the RIAA to find real mp3's (and up their noise to signal ratio)...

    i like it, i like it!

  • by cptgrudge ( 177113 ) on Tuesday May 13, 2003 @01:05AM (#5942493) Journal
    It's like you're having a garage sale, all your stuff sitting on your front lawn, inviting everyone to come by and take a look. In addition you lay out a nice sack of Marijuana and a cop walks by, I guess if he busts you without a search warrant it's illegal search and seizure?

    RIAA =! Law Enforcement

  • Re:So... (Score:5, Insightful)

    by Gortbusters.org ( 637314 ) on Tuesday May 13, 2003 @01:13AM (#5942526) Homepage Journal
    In other words we have corporations snooping in on our transport medium. It's a dangerous slippery slope, what's next... I turn on my computer and it says "Your internet may be monitored for quality assurance purposes."
  • by Repugnant_Shit ( 263651 ) on Tuesday May 13, 2003 @02:02AM (#5942684)
    I'm not sure you can have an FTP that allows anonymous access and not call it public. If you're going to host videos/songs then you should be smart about it. Some dumbass that puts an MP3 file on his school's FTP server deserves to get caught. Just don't allow anon access, and you should be okay (because if they try to break in, guess what? That's called illegal entry)
  • Re:So... (Score:2, Insightful)

    by etrnl ( 65328 ) * on Tuesday May 13, 2003 @03:01AM (#5942833) Homepage
    If it's username and password restricted, it doesn't matter if it's guessable. You can still claim it was hacked, because they were not the authorized user of that account.

    After all, most hacks are done to people who did not adequately secure themselves. There's a difference between open and vulnerable, and it is a legal distinction.

    --etrnl--
  • Re:So... (Score:5, Insightful)

    by MisterMook ( 634297 ) on Tuesday May 13, 2003 @03:49AM (#5942930) Homepage
    Its also a reason why the Patriot Act is a bad idea, because ALL people make mistakes and having access to information doesn't automatically make people informed. Checks and balances for all sorts of things are being thrown away in this country or legislated away in the interest of fighting "the war on piracy" or "the war on terror" and it just isn't a good idea. Accountability and review are GOOD things, the RIAA should have checked things BEFORE they sent a letter.
  • don't care... (Score:2, Insightful)

    by RMH101 ( 636144 ) on Tuesday May 13, 2003 @06:09AM (#5943303)
    they can monitor your internet if they like, just keep their hands off mine!
  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Tuesday May 13, 2003 @07:51AM (#5943548)
    Comment removed based on user account deletion
  • by TamMan2000 ( 578899 ) on Tuesday May 13, 2003 @08:30AM (#5943727) Journal
    like 'Ushering in change at RIAA.mp3'

    fill it with a rant about how much (and why) the RIAA sucks...
  • by stubear ( 130454 ) on Tuesday May 13, 2003 @08:35AM (#5943754)
    You only have the right to copy intellectual property you personally own and only for limited uses. You do not have the right to copy your pal's entier CD collection under ANY definition of copyright law and associated legal rulings. By stating "without the right to do so" they are saying that not withstanding issues like fair use it is illegal to make copies of copyrighted material.
  • Re:So... (Score:5, Insightful)

    by Latent IT ( 121513 ) on Tuesday May 13, 2003 @11:31AM (#5945162)
    Oxdung. A burglar won't get away with "but, your honour, his unlocked screen door was flapping in the wind, so I was able to go in his house without any effort".

    Well, no. But that's because they're a burglar - they'd get charged with *theft*, but not breaking and entering. Which is why it's called breaking and entering, and not just uh... entering. =p
  • Re:So... (Score:4, Insightful)

    by sqlrob ( 173498 ) on Tuesday May 13, 2003 @11:49AM (#5945344)
    It was *NOT* an honest mistake.

    If you don't verify that infringement is actually happening, don't blame them for it.

    You're saying the RIAA can't afford 3 or 4 people to verify infringements? Those people are going to be cheaper in the long run than if they make too many mistakes and get sued over those mistakes, or even just the bad publicity from it.
  • by Quixotic Raindrop ( 443129 ) on Tuesday May 13, 2003 @12:28PM (#5945823) Journal
    Actually, yes. I think you've hit the nail right on the head: one way to combat the stupidities of the RIAA and MPAA, and demonstrate that their arrogance and the DMCA clearly overstep all reasonable boundaries established in the Constitution, is to expose them.

    If the RIAA and MPAA are incapable of determining whether a given file is a violation of copyright automatically, then how is it that they expected Napster to do so? How about Verizon? Or any other ISP/University/person? Basically, the RIAA and MPAA get to talk out of both sides of their mouths (do as we say, not as we do?). This we must fight with all of our strength.

    Also, be sure to pad your files with random noise, or non-copyrighted things (reading aloud the works of Shakespeare, for example), so that the final file size reasonably approximates the size of the Matrix Reloaded movie on divx, or any given song you want to spoof. That way file size no longer serves as a useful way to determine whether a given file might be a violating file. Of course, this also makes it harder on people who have legitimate reasons to find those files (Matrix Reloaded may not have any legitimate reasons to be on p2p just yet, but I can think of at least two perfectly valid reasons for a person to d/l, say, "Music.mp3" by Madonna over p2p networks).

All seems condemned in the long run to approximate a state akin to Gaussian noise. -- James Martin

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