RIAA Offers Amnesty to File Sharers

Mister Dre writes "Apparently, the RIAA is planning to offer amnesty to file sharers who promise to delete copyrighted material from their computers. To take advantage, of course, you 'have to send a completed, notarized amnesty form to the RIAA, with a copy of a photo ID.'" Hey RIAA, how about I just stop sharing files, and we call it even? I know I own most of the CDs for the files I listen to, but I stopped buying those too so you'll know where I stand.

Re:jack valenti, call for you on line 1....

[dietz]

Jack Valenti [mpaa.org] is actually the head of the MPAA [mpaa.org]. They are in charge of suing you when you download movies or distribute open source software to play DVDs.

The RIAA [riaa.com], the subject of this story, is in charge of suing you when you download music or copy CDs. The head of the RIAA is Cary Sherman [riaa.com], after Hillary Rosen retired recently.

Re:Maybe IANAL, maybe IAAL

[Henry V .009]

Oh yeah, since this is interstate communications we're talking here, I'll cite Title 18 USC Chapter 41 - EXTORTION AND THREATS. I'm sure it's on the web.

Re:Fair Use?

[JesterXXV]

If you're not sharing these files, then you have nothing to worry about, since they are only (as I understand it) going after those who are sharing copyrighted files. If you are, then you are offering copyrighted material up for grabs for people who may or may not own the CD.

Just because you legally own the CD's does not make sharing them legal.

Re:jack valenti, call for you on line 1....

[macdaddy357]

They are beginning to understand that their practices have made countless former customers abandon them, and have led to the creation of organizations like dontbuycds.org. [dontbuycds.org]

The recording industry must reform itself, or perish like the horse-and buggy industry did after the automobile was invented. If you don't like that comparison, try this one. If your head is in the basket, you were on the wrong side of the revolution. The RIAA are trying to avoid sharing the fate of Louis XVI.

South Park allusion

[yerricde]

In an episode of Comedy Central's South Park animated series, "Fuck you; that is all" was a TV network executive's response to the mob of angry parents who wanted a show pulled from the air.

Re:Fair Use?

[EvilAlien]

Thats right, a very important distincton. Fair use and "private copying" (in Canada) protect personal copies of media even if you don't own them (at least up here in Canada), however distribution of works protected by copyright is risky/dumb. Personally, I 've never really "shared", only made private copies which I do not share back out.

The RIAA is trying to undue all that pre-school programming we got where they taught us it is good to share ;)

Amnesty? More like a mugging

[YrWrstNtmr]

How 'bout we give you amnesty if you, collectively and individually, admit to illegal price fixing [forbes.com], and actually give us our money back?

Did anyone sign up [musiccdsettlement.com] for that? And actually get any money?


This is no better than a mugging.
"Gimme all your stuff, and I won't kill you (financially). Oh, and we'll be watching you. Forever."

Get caught stealing 1/2 billion dollars, and no one went to jail? And the fine is 1/3 of the take? And they want to screw us?
WTF is that about?

Guilty

[meatpopcicle]

Its like admiting your guilt. And who knows if they get a new CEO or new lawyers or profits are down or its a blue moon they might come after you. They will simply tear up their "amnesty" deal.

Its happened before!

Doh!

RIAA Can't Give You Amnesty

[Anonymous Coward]

First, the RIAA doesn't own the copyrights. The record companies and/or the artists own the copyrights. You might just as well have the ASPCA give you amnesty for copyright violations.

Second, (in the US, anyway) copyright violations are violations of a federal law. They can be prosecuted by the federal government - in theory even without the consent of the copyright holder.

Re:Maybe IANAL, maybe IAAL

[DeepRedux]

DirectTV is already well along the path that the RIAA is just starting. DirectTV has sued over 10,000 people so far for purchasing Smartcard programmers that could allow theft of satellite TV. While the details of the DirectTV and RIAA lawsuits differ, on the "extortion" question they are similar.

One group sued by DirectTV, counter-sued alleging extortion. The judge dismissed their case (Blanchard vs. DirectTV) [hackhu.com]. The judge's reasoning was, in part:

As Plaintiffs explained during oral argument, their claims turn on the fact that DIRECTV's demand letters demand settlement sums. Plaintiffs contend these demands constitute extortion, First, no authority supports Plaintiffs' contention; case law does not hold that pre-litigation demand letters cannot demand settlement sums. Second, and significantly, DIRECTV's demand letters do not settlement and/or possible litigation. On calling the number, any caller can explain his or her situation. If he or she has not pirated DIRECTV services, DIRECTV does not request fees or pursue litigation. Accordingly, DIRECTV's written demand does not necessarily end in payment of fees or litigation. By demonstrating to DIRECTV that he or she did not steal DIRECTV services, any Plaintiff using pirating equipment in a "lawful" manner can avoid fees or litigation.

In addition, the group was ordered to pay DirectTV [hackhu.com] $97,220 to cover DirectTV's legal expenses.

And even worse....

[Mistlefoot]

And even worse....if you don't accept this may form some sort of future legal argument.

While I understand that ignorance is not an excuse, the argument that "I didn't know it was illegal" if believable, sure helps take the wilful out of the argument, and may aid in a defense. Now, not only does the average citizen know, but they chose not to atone and are now wilfully "stealing" (according to the RIAA) music. This may bias more politicians and judges to their side.

Re:Whytf bother

[Sancho]

Because that's the monetary fine for copyright violation. They won't get thrown out of courts because it's in the lawbooks. If you don't like it, write your congressperson.

Re:jack valenti, call for you on line 1....

[standsolid]

...I don't think the RIAA would turn around and sue people who abided by their terms (it would be PR suicide)...

i'm nos so sure the RIAA is all too concerned with bad PR... remember when they caught those pirates with the 5,000,000 cd burners?

Re:jack valenti, call for you on line 1....

[geekoid]

5 bucks is too thin. Contrary to popular belief, CDs do cast more then a nickle to get from production to the store shelves. however 8 bucks would be reasonable.

You're method would cost even more, because you can't mass produce individule selections. You have to burn them, which is a HELL of a lot more expensive then stamping them.