RIAA Now Targets Pirates' Parents 1098
cecil36 writes "In a follow-up to the subpoena silliness by the RIAA, the Associated Press is now reporting that the RIAA is now issuing subpoenas to family members of suspected online music swappers."
IN SOVIET RUSSIA ARTICLE READS YOU (Score:1, Informative)
By TED BRIDIS
AP Technology Writer
WASHINGTON (AP) -- Move over, college kids. Grandparents and roommates may be the first ones to pay in time and money for downloading songs on the Internet.
The music industry's earliest subpoenas are aimed at a surprisingly eclectic group, including a grandfather, an unsuspecting dad and an apartment roommate.
"Within five minutes, if I can get hold of her, this will come to an end," said Gordon Pate of Dana Point, Calif., when told by The Associated Press that a federal subpoena had been issued over his daughter's music downloads.
The legal papers required an Internet provider, Comcast Cable Communications Inc., to hand over Pate's name and address. They were among nearly 1,000 subpoenas issued as part of the recording industry's high-stakes campaign to cripple online piracy by suing some of music's biggest fans.
Pate, 67, confirmed that his 23-year-old daughter, Leah Pate, had installed file-sharing software using an account cited on the subpoena. But he said his daughter would stop immediately and the family did not know using such software could result in a stern warning, expensive lawsuit or even criminal prosecution.
"There's no way either us or our daughter would do anything we knew to be illegal," Pate said, promising to remove the software quickly. "I don't think anybody knew this was illegal, just a way to get some music."
The president of the Recording Industry Association of America, the trade group for the largest music labels, said lawyers will pursue downloaders regardless of personal circumstances because it would deter other Internet users.
"The idea really is not to be selective, to let people know that if they're offering a substantial number of files for others to copy, they are at risk," Cary Sherman said. "It doesn't matter who they are."
Over the coming months this may be the Internet's equivalent of shock and awe, the stunning discovery by music fans across America that copyright lawyers can pierce the presumed anonymity of file-sharing, even for computer users hiding behind nicknames such as "hottdude0587" or "bluemonkey13."
In Charleston, W.Va., college student Amy Boggs said she quickly deleted more than 1,400 music files on her computer after the AP told her she was the target of a subpoena. Boggs said she sometimes downloaded dozens of songs on any given day, including ones by Fleetwood Mac, Blondie, Incubus and Busta Rhymes.
Since Boggs used her roommates' Internet account, the roommates' name and address were being turned over to music industry lawyers.
"This scares me so bad I never want to download anything again," said Boggs, who turned 22 on Thursday. "I never thought this would happen. There are millions of people out there doing this."
In homes where parents or grandparents may not closely monitor the family's Internet use, the news could be especially surprising. A defendant's liability can depend on their age and whether anyone else knew about the music downloads.
Bob Barnes, a 50-year-old grandfather in Fresno, Calif., and the target of a subpoena, acknowledged sharing "several hundred" music files. He said he used the Internet to download hard-to-find recordings of European artists because he was unsatisfied with modern American artists and grew tired of buying CDs without the chance to listen to them first.
"If you don't like it, you can't take it back," said Barnes, who runs a small video production company with his wife from their three-bedroom home. "You have all your little blonde, blue-eyed clones. There's no originality."
Citing the numeric Internet addresses of music downloaders, the RIAA has said it can only track users by comparing those addresses against subscriber records held by Internet providers. But the AP used those addresses and other details culled from subpoenas and was able to locate some Internet users who are among the music industry's earliest
Re:Question. (Score:3, Informative)
(e) Copyright is meaningless to me at this point.
Nothing created during my lifetime will ever be in the public domain. That public domain is MINE and YOURS! The media companies have stolen it from us with their hired guns (congress) and society as a whole is lessened because of it.
Due to that, I have no respect for copyright law anymore.
Re:Question. (Score:3, Informative)
Re:SO what happens when Laura Bush is sued? (Score:5, Informative)
Re:Suggestion for action... (Score:3, Informative)
When people don't buy CDs, then the RIAA chalks it up to piracy. They won't even consider the idea that the people who give them money are angry at them. I think NG has a point, if they get $100,000 in revenue one day and then -$100,000 the next day, then they'll notice.
Re:Suggestion for action... (Score:4, Informative)
http://www.magnetbox.com/riaa/search.asp
You could always buy korean music on yesasia.com! (I'm guessing most of it isn't covered by the RIAA)
Re:Of course (Score:2, Informative)
From a legal standpoint, however, there are not (at least that I'm aware of - please feel free to correct me on this, I'd actually like to know if I'm missing something) any laws that specifically cover such issues in electronic communications. Thus the determination falls back to remaining generally applicable laws, in this case, contractual law.
With just about every ISP, a part of a user's "Acceptible Use Policy" (or whatever the contract is called) requires that the user assume full legal responsibility for all traffic/transactions occurring through that connection. Remember, the RIAA is using IP addresses to track users (not MAC addresses, at least as far as I've read). (For those unfamiliar with network topology) an IP address is nothing more than a single internet connection - a single machine may have multiple IP addresses, and a single IP address - via NAT - may have multiple machines that "use" it).
The bottom line of all this is that it's not the owner of the machine per se that is being "tracked", but rather, the owner of the internet connection.
This is, unfortunately, a problem that I do not believe will be resolved in the near future (as least through legislation). It may have to be tackled by the courts and some degree of case law may result, but I suspect that at least for the next year or so this issue will remain uncharted legal territory.
Re:Of course (Score:5, Informative)
Re:Of course (Score:5, Informative)
I actually attached this link to the parent article, but I think it fits here better.
How You Can Change the Law (Score:5, Informative)
Copyright is not a Constitutional right - the Constitution gives Congress the power to create copyright but does not require it to do so. Copyright could be ended tomorrow if Congress just passed a bill that repealed it.
The following are links to sections of my new article that explains the steps you can take to make file sharing legal:
- Change the Law [goingware.com]
- Speak Out [goingware.com]
- Vote [goingware.com]
- Write to Your Elected Representatives [goingware.com]
- Donate Money to Political Campaigns [goingware.com]
- Support Campaign Finance Reform [goingware.com]
- Join the Electronic Frontier Foundation [goingware.com]
- Practice Civil Disobedience [goingware.com]
If you agree with what I have to say and feel as I do that it's important for others to hear it, please consider linking my article from your weblog or emailing the link to other people who might benefit from it.Re:My take on this... (Score:3, Informative)
What do you trolls get out of this stuff, anyway?
of course lets put.. (Score:3, Informative)
So what happens when all the music buyers are in jail to RIAA profits?
give u a hint..your in the jungle baby and you're goin' to dieeee....
Re:responses from file traders (Score:2, Informative)
Re:responses from file traders (Score:3, Informative)
I can't believe you confront them on the legality of it all. If you tried that with me I'd tell you to stfu and mind your own business but I fix my own boxes so I won't be seeing you anytime soon.
I am not ashamed nor do I feel guilty. Most of all I won't repent so save your b.s. for someone who has no backbone or self respect. I can't believe no one has bitch slapped u yet.
RIAA contact info (Score:3, Informative)
I agree with the thread that the burden of proof should be on them to prove wrong doing, but knowing that people are not going to do it (en mass) they will just settle out of court rather than forcing the issue to court
here is the number
1 800 223-2328
1 800 bad-beat
** Hypocrite ** (Score:2, Informative)
Who the fuck do you think you are to stop people doing what they want with their own PCs, illegal or not? You don't accept that for yourself [slashdot.org], so what makes you think this is acceptable for others?
The word for this is hypocracy.
Consider this (Score:3, Informative)
Yeah, I know, arson is a poor comparison to music piracy.
The point is that the child is the responsibility of the parents, and it is as such completely up to the parents to take that responsibility. As such, I hate to say it, but RIAA is within rights to do this to the parents of kids.
Re:Check this site out (Score:2, Informative)
Since the RIAA doesn't make a dime off of used CD sales, it's OK to buy used RIAA members music. Go to a local store or secondspin.com. However, we really recomend you check out things like cdbaby.com or dmusic.com and discover INDE music. There really is some good stuff out there.
So I was reading the paper... (Score:3, Informative)
Re:Of course (Score:3, Informative)
Not actually true. IANAL, but as I recall it, the burden of proof in a criminal case is "beyond a reasonable doubt", not "beyond any doubt". Cases have been won or lost on the strength of circumstantial evidence, although direct evidence is, of course, considered good.
Incidentally, I seem to recall civil cases (like copyright infringement) having a lower burden of proof referred to as "preponderance of the evidence".
James.
Re:Smugness Factor (Score:2, Informative)
Isn't the RIAA suing people for sharing and uploading, and not for downloading?
Re:Of course (Score:3, Informative)
This is really a red herring, if the person who was killed was in some way related to you, if you were seen threatening the person
But,moving closer to the RIAA situation, the closest analogy would be the murder victim's family sueing you for wrongful death, because they're going to try and prove that you should have known that the person you gave a gun to was going to go out and kill someone. OR a procescutor may try to get you for conspiracy to commit murder or acomplice to the fact, if they can prove that you knowningly supplied the weapon.
Re:Of course (Score:2, Informative)
My co-worker reported it stolen. The police took the report and did not give him any problems.
They eventually found the kid with the pistol and arrested him. He had held up 3 different places with the weapon and was suspected of murder on an individual with the weapon. He went to Jail.
BUT
In the time they took to find the kid, my co-worker was issued a big insurance check for the pistol (the pistol was a rather rare pistol). So, he was able to get another pistol. The police kept the rare pistol.
My co-worker never was a suspect nor was he held in the crime.
Don't let people think that just because you are a gun owner, you are a suspect. If you are honest and a gun owner, you have nothing to fear.
Re:How about a CD party? (Score:1, Informative)