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RIAA Offers Amnesty to File Sharers 789

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.
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RIAA Offers Amnesty to File Sharers

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  • Whytf bother (Score:1, Interesting)

    by pouncer7 ( 580711 ) on Thursday September 04, 2003 @11:07PM (#6875824) Homepage
    Legal extorsion. It's ridiculous what they're doing. $7500 per song? If a CD costs... $15... then they're just paying their bills with that $7500. I don't understand how they dont just get thrown out of courts. Blame it on media and an ignorant general public... blegh
  • by Goldberg's Pants ( 139800 ) on Thursday September 04, 2003 @11:07PM (#6875826) Journal
    Sure... "Amnesty"... Photo ID...

    This is a like those stings where wanted criminals "win a prize" and when they go to collect it, get arrested.

    They need to drop CD's a LOT further in price before anyone I know will buy them again.
  • Fair Use? (Score:3, Interesting)

    by evil carrot ( 669874 ) <evilcarrot&lickable,net> on Thursday September 04, 2003 @11:08PM (#6875831)
    Tell you what, RIAA... if and when you attempt to charge me for all of the MP3 files I have, then I will send you a notarized letter of contempt along with pictures of my CD collection. In fact, I'll even include a list of all 1478 CDs that I legally own.

    I have stopped buying new CDs and stopped downloading new music. From here on out it's iTunes Music Store or nothing at all... though I do like how UMG is cutting MSRP to $13. That may help.
  • by grasshoppa ( 657393 ) on Thursday September 04, 2003 @11:10PM (#6875846) Homepage
    This is the same trick I use when I am trying to fire an employee. I make them reread the company policy, and sign that they did, so the next violation, I can boot them legally.

    Now extend this. You sign your soul to these folks, and they catch you sharing files again. Water tight case as far as they and the court systems are concerned.
  • by Crypto Gnome ( 651401 ) on Thursday September 04, 2003 @11:16PM (#6875904) Homepage Journal
    "Just Click this link to opt-out of our lawsuit."

    <sarcasm> Heck Yeah, after all, it worked so well for all that SPAM I received. </sarcasm>

    How many of you have
    • access to a lawyer on retainer
      or
    • the money to pay for a laywer
      or
    • the legal skills yourself
    to verify with absolute certainty that filling in this form is any less self-destructive than emailing RIAA lawyers
    • proof of your name & all relevant contact details
    • complete file listing of your hard drive
    • logs of when and where you downloaded all your illegal content
    • some amazingly witty taunt along the lines of "so sue me, I dare you"
  • Re:What a deal (Score:3, Interesting)

    by retto ( 668183 ) on Thursday September 04, 2003 @11:17PM (#6875915)
    Just wait until they pass along your ID to the MPAA and BSA.
  • by Anik315 ( 585913 ) <anik@alphaco r . n et> on Thursday September 04, 2003 @11:18PM (#6875921)
    Couldn't it be that there is something fundamentally wrong with laws that are unenforcable and contrary to the norms of human psychology? The nature of intellectual property has changed on a massive scale. This means the laws have to change, not us.
  • by Henry V .009 ( 518000 ) on Thursday September 04, 2003 @11:19PM (#6875935) Journal
    This is dangerously close to extortion. On the face of it, obtaining identity by means of threats is probably not extortion because it is not "money or [an]other valuable thing." However, if these identities are later used to persue court cases which result in monetary settlement, this could be considered extortion.
  • Welcome to democracy (Score:4, Interesting)

    by Mark_MF-WN ( 678030 ) on Thursday September 04, 2003 @11:24PM (#6875968)

    I've said it before, and I'll say it again:

    MORE AMERICANS ENGAGE IN FILE-SHARING THAN VOTE IN FEDERAL ELECTIONS.

    Anyone who disagrees with file-sharing is flying in the face of democracy. American copyright law is unjust, and ignores the beliefs of the American people. To continue enforcing it is raw fascism.

  • by Sphere1952 ( 231666 ) on Thursday September 04, 2003 @11:27PM (#6876003) Journal
    The independents are having a banner year. Only RIAA members are hurting.

    If the RIAA members don't want people downloading their songs then they ought to start each song with a notice so we can tell which songs not to download. I think that everyone has the right to assume the artist is using their fundamental free speech right to be heard unless they tell us they are asserting their federal statutory copyright. Why should our basic right to free speech and freedom of association be compromized just because the evil RIAA monopolies have a problem?
  • Wow, What a Deal! (Score:2, Interesting)

    by raumdass ( 210351 ) on Thursday September 04, 2003 @11:28PM (#6876013)
    What a deal, you get "Amnesty" (as it is no doubt defined in 13 pages of double-incrinimating lawyerese) and they get a list of the first people to go after the next time something like P2P comes along.

    The RIAA can't sue everyone and this seems like them running out of options. At the rate they are alienating customers and turning them into criminals in need of "Amnesty", they will be out of customers all-together.
  • by petabyte ( 238821 ) on Thursday September 04, 2003 @11:32PM (#6876044)
    it was a joke that everyone would have to be a lawyer "when we grew up" because that would be the only way we could survive. Its kinda sad that its almost to that point now (if not a lawyer then a healthy knowledge of the law is required to do just about anything).

    That said I'm planning my return to law school to study Intellectual Property Law. Any suggestions? I hear GW has a good program but funny thing is that one of the top internship providers listed in their viewbook is this RIAA association ...

    I'd prefer the EFF.
  • Re:What a deal (Score:2, Interesting)

    by fussman ( 607784 ) on Thursday September 04, 2003 @11:35PM (#6876077) Journal
    Well, many insightful parallels could be drawn between the whole SCO/Linux situation and this new thing with the RIAA. Want to call the RIAA's bluff?
  • by bigberk ( 547360 ) <bigberk@users.pc9.org> on Thursday September 04, 2003 @11:42PM (#6876129)
    Can someone remind me of the law that makes it illegal for other people to access files I own over a network?

    I (used to) buy lots of CDs, and I store copies of tracks in MP3 and OGG to simplify transport of the music I purchased. These files happen to be accessible over a network; I am permitting some limited access to my personal resources.

    to my personal resources

    RIAA can suck my octet stream. Go innovate, you lazy bastards, instead of clinging to a failing business model and screaming in a hissy fit whenever someone transports data you didn't even create (artists created their songs, and most see very little money from CD sales). The recording industry as you know it is DEAD, because people like me get pissed off and stop buying CDs.
  • by QEDog ( 610238 ) on Thursday September 04, 2003 @11:44PM (#6876150)
    Why do I have to prove that I own my music? It is their responsability to prove that I don't own it. WTF?
  • by Anonymous Coward on Thursday September 04, 2003 @11:48PM (#6876182)
    "It has never been legal to issue subpoenas without due process."

    These are not subpoenas, they are rather legal threats. It is perfectly legal. The same tactic is employed by all manner of company and institution - including even the EFF.

    Don't speak on what you don't know. You only look ignorant.

  • History Repeating? (Score:2, Interesting)

    by numberthree ( 596117 ) on Thursday September 04, 2003 @11:52PM (#6876216) Homepage
    This sounds similar to the Salem Witch Trials and the House On American Activities acting against so-called communists in Hollywood. Perhaps the people who send in photos and personal information will be let off the hook... as long as they give the RIAA names of other file traders.
  • by JimBobJoe ( 2758 ) on Friday September 05, 2003 @12:26AM (#6876398)
    I got very irked once when a friend of mine mentioned that he was asked to copy his photo driver's license in order to get phone service (fortunately he lived in an area where you can choose another phone service provider, and he did.)

    I then realized the catch...in order for Ameritech/SBC to give phone service, you have to send in a copy of your own driver's license...which indicates what race you are. So as part of my troublemaking activities, I sent out a press release for my little privacy organization saying that Ameritech was illegally collecting racial information on its clients, as a condition for phone service. (And if they kept it on record, any Ameritech employee could find out what race you are simply by checking your file.)

    After a phone call or two (and a radio station claiming that Ameritech said that the photocopies didn't copy well enough to indicate race, but most photo driver's license will copy well enough to show the race of the individual, especially those licenses here in Ameritech's service region-(the east) I believe the've stopped the practice.

    Now...what's this about the RIAA collecting racial information?

  • by Anonymous Coward on Friday September 05, 2003 @12:27AM (#6876407)
    It was Friday, 5 Sept - 8:30 AM. It's not 8:30 AM anywhere that the RIAA has "jurisdiction."
  • by _RidG_ ( 603552 ) on Friday September 05, 2003 @12:35AM (#6876452)
    I don't like this one bit. Sure, the RIAA promises not to sue the users for sharing music files, but what's to stop them from quietly slipping your name to proper authorities and tell them that since you admitted to having illegal files on your computer, there's a good chance you might have software in addition to music. Ehh...I don't know.
  • BULLSHIT!!! (Score:1, Interesting)

    by Anonymous Coward on Friday September 05, 2003 @12:38AM (#6876474)
    The RIAA wants to pay for each copy of music that you own!!!!

    This is absolute bullshit... in the digital age you are buying the RIGHT to listen to the music, not the medium. You should have the absolute right to transfer that to you MP3 player, you computer, your tivo, whatever the sam hell you want to do... but read the RIAA's on material and you will see that they want money for every COPY that you have, weither or not you bought the CD or NOT!
  • by AKnightCowboy ( 608632 ) on Friday September 05, 2003 @12:40AM (#6876485)
    The RIAA reminds me (right so) of a typical trade union. Something could be done more efficiently and cheaper by cutting out the middle-men, but because of long-standing tradition and putting the fear of god into customers, you just HAVE to use them. Want to change a light? Call the electrician's union. Want something shipped, call the teamsters. Want to listen to any popular music, call the RIAA. Want to move a dead body? Call the teamsters.
  • by anthonyrcalgary ( 622205 ) on Friday September 05, 2003 @12:42AM (#6876498)
    ho hum

    The Copyright Act [justice.gc.ca]

    check out part VIII.

    80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of


    (a) a musical work embodied in a sound recording,

    (b) a performer's performance of a musical work embodied in a sound recording, or

    (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

    onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

    (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

    (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

    (b) distributing, whether or not for the purpose of trade;

    (c) communicating to the public by telecommunication; or

    (d) performing, or causing to be performed, in public.

    IANAL, but to me it sounds like I'm fine if I only share works that I have a right to distribute, I'm not breaking the law at all.
  • by Anonymous Coward on Friday September 05, 2003 @12:58AM (#6876601)
    Fuck them. The RIAA represents the absolute antithesis of everything that the hacker philosophy stands for. I believe in an internet of no laws. I do not respect security through legislation. I do not respect profit through litigation. I do not respect anyone's "right" to tell me how my computer may behave. If you want a secure system, you had better write one. If you want a profitable distribution mechanism you'd better create it without relying on the federal government to enforce it for you. I have seen the internet slide from a jungle of pure information anarchy into a playground for MTV execs and their pretty little manufactured popup ads. I don't want their music videos. I don't want their merchandise. I don't want to know what Brittney Spears thinks of politics. I don't want their goddamn commercials. The only true justice that the internet needs is freedom of association. If you don't want to interact with someone, you should firewall them out. The internet is where speech lives....where words grow into more than mere syllables, into action. I believe in the right of any autonomous human being to produce any combination of 1's and 0's they goddamn please. If that information happens to be your "trade secrets" or "intellectual property," then too fucking bad. You shouldn't have put them in a situation such that they could get onto the internet. The internet, the world of information exists outside of all boundaries and laws. Here governments and laws only serve to protect the stupid ones who have more informational wealth than they can protect. On the internet, laws are irrelevant: if you're not smart enough to protect yourself you don't deserve protection. On the internet, governments are irrelevant: the only security and authority I need is my own mind. On the internet, the largest and most efficient information sharing network in the history of humanity, a hoarde of dim-witted barbarians who want the rest of the world to pay them for their shitty, manufactured pop and monopolistic, monolithic hard copy music cartel so some of them can enjoy a life of priviledge is not just irrelevant....it is dangerous. I don't give a fuck about the law. I don't give a fuck about the governmeent. I don't give a fuck about what the RIAA THINKS it owns. On the internet, it's the law of the jungle. No one will ever control it. Information anarchy will strangle the opponents of absolute liberty. Movies, music and software will be pirated. Trade secrets will be ripped open for the whole world to see. I know that you're afraid. You're afraid of us. You're afraid of change. I don't know the future. I didn't come here to tell you how it's going to end. I came here to tell you how it's going to begin. I'm going to hang up this phone, and I'm going to show these people what you don't want the to see. I'm going to show them a world without you. A world without rules and controls, without borders or boundaries, a world where anything is possible. Where we go from there is a choice I leave up to you.
  • by Anonymous Coward on Friday September 05, 2003 @01:07AM (#6876645)

    "I remember when I was a freshmen in college, many people here on Slashdot were begging the RIAA to attack the individuals that were guilty of copyright infringement, and not the parties that provided the software and networks to make it possible. Now the RIAA is doing exactly that, and the good people at Slashdot continue to cry foul."

    But slashdot isn't a collective mind. It's lots of people all with different opinions.

    So the ones saying "go after those that break the law" are probably different people frm those crying foul over that.

    That's not even slightly surprising given the wide range of viewpoints represented in the slashdot audience. You'll find almost every viewpoint represented.

    Why you state it at all, I've no idea.
  • by Charcharodon ( 611187 ) on Friday September 05, 2003 @01:13AM (#6876675)
    Really people don't you read the articles. There was one not to long ago that stated, and accurately I might add that sending it by mail is alot faster than uploading/downloading by way of high speed interenet connections. Send that portable harddrive priority and you can "upload" 120gb of media in three days to just about anywhere in the US. Not only is it fast, it is the one place where the RIAA will never be able to go no matter how much above the law they think they are.

    "Never under estimate the bandwidth of a stationwagon full of CDr's" Quote stolen and modified from said article.

  • by Snoopy77 ( 229731 ) on Friday September 05, 2003 @01:13AM (#6876679) Homepage
    Obviously your problem is that you live in a country where people are more worried about obtaining music they have no right to for free than to exercise their right to freely vote.
  • by letxa2000 ( 215841 ) on Friday September 05, 2003 @01:31AM (#6876751)
    Yup. Reminds me of the BSA.

    If you "renege on the promise you will be subject to charges of willful copyright infringement." So basically you are giving up any possible defense you may have because you've entered into a contract where you agree to accept those charges.

    Plus, how are they going to know if you renege? I'd rather not be the subject of a surprise search of my hard drive to verify that I'm complying with my side of the deal even if I am. I don't need that kind of aggrevation any more than a business wants to deal with a BSA audit even if they're 100% legit.

    The less the BSA, Microsoft, RIAA, government, etc. know about me personally the better, even if I'm 100% legit.

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Friday September 05, 2003 @01:32AM (#6876756)
    Comment removed based on user account deletion
  • by Spy Hunter ( 317220 ) on Friday September 05, 2003 @01:35AM (#6876770) Journal
    I doubt it's a honeypot. I don't think many people would sign up for this and then continue sharing, and I don't think the RIAA would turn around and sue people who abided by their terms (it would be PR suicide). In fact, I don't think many people will sign up for this at all. Rather, this is just a PR stunt, so the RIAA can later say "We tried to be nice, we even gave you amnesty! What more do you want?" It'll look good in the news. They want to get public opinion back on their side.
  • by Reziac ( 43301 ) on Friday September 05, 2003 @01:48AM (#6876808) Homepage Journal
    I think it amounts to the same thing. It looks good (as a public relations move) NOW, but I'd guess the RIAA is *expecting* the suckers to fall back off the wagon, and *will* be monitoring their online activities one way or another. First time a sucker makes a mistake (however trivial), that warrant will be at their door. So I think ultimately the objective is to achieve examples of "We tried to play nice, but you didn't hold up your end, and now you're gonna PAY."

    The "mistake" might even be a legal download that can be legally shared, but it's still an MP3, and we here at the RIAA have no way of knowing it's legal til we drag it into court, capish?

  • Comment removed (Score:4, Interesting)

    by account_deleted ( 4530225 ) on Friday September 05, 2003 @02:06AM (#6876873)
    Comment removed based on user account deletion
  • by ahfoo ( 223186 ) on Friday September 05, 2003 @02:19AM (#6876933) Journal
    And note how they emphasize that reneging will result in a "willfull infringment" case. That's important because they're suggesting that they're not necessarily pursuing willfull infringement claims the first time around. And that makes sense because obviously a lot of people are going to plead ignorance so proving evidence of infringement rather than demonstrating willful infringement is going to be much easier in court. But, this becomes very important if the defendant files for personal bankruptcy.
    Unless the tort was for willful infringement, it's unlikely they will be able to pursue your assets after personal bankruptcy. So, this so-called amnesty results in allowing yourself to get locked into a position much more serious than what you might be in for without it.
    And, looking at it from another angle, this should not be called an amnesty. Compare this to a parking ticket amnesty or a political prisoner amnesty. They don't say, okay this amnesty means you capitulate totally to our demands. That's not what amnesty is. Amnesty means both parties agree to cease pursuing their goals. It doesn't mean one party retroactively concedes anything the other party wants.
    The bottom line is this: the legislators and the courts refuse to acknowledge that "copy" is no longer a stable term in the digital age. Until that idea is addressed by the laws and upheld by the courts, our legal systems will be fighting technology.
  • by Gta-Klue ( 643989 ) <dislexic_oneNO@SPAMyahoo.com> on Friday September 05, 2003 @03:00AM (#6877087) Journal
    To follow that up: I thought "public viewing" meant that you can't charge people to view it?

    It would seem to me that if I have 3 or 4 of my friends over, and we watch a DVD, does that constitute a public showing????
  • by Oddly_Drac ( 625066 ) on Friday September 05, 2003 @05:04AM (#6877462)
    " doubt it's a honeypot. I don't think many people would sign up for this and then continue sharing, and I don't think the RIAA would turn around and sue people who abided by their terms (it would be PR suicide). "

    Dude. RIAA. In PR terms they're beginning to stink up the crawlspace. The next thing would be that people are asked to audit their own systems from a form that would just skirt legality in terms of threats and mention the heavy fines that they're trying to buy from Congress. It'll then go into a database, and you'll probably receive junk mail from these people ad infinitum.

    Personally I consider them less trustworthy than crackheads and half as competent.

    For those interested in the ongoing debate;

    David Munns (EMI) whines about the high cost of CD Production and recieves no sympathy. [bbc.co.uk]

    The views that prompted the panicky music exec. [bbc.co.uk]

  • They need to drop CD's a LOT further in price before anyone I know will buy them again.

    A 12 song CD should be around $5.

    I should be able to got to RIAA.com (or wherever) and pick 12 songs from their archive, paypal them $5, and then a couple days later, I get my cd in the mail, with jewel case, liner notes and lyrics for each song in the packaging.

    Space permitting, the CD could be in a DAM CD format -- mixed media CD's that will play on both audio CD Players and in Computers as either MP3 files or Audio Files.

    Shipping and Handling should be 2.95 (non-priority) for up to 10 CDs.

    Sure people would still share or burn extra copies, but since each CD would be more-or-less customized to an individual's personal taste, a lot of people would *want* a complete burned copy of the disc.

    Peole may want a individual song, but for $5, it's easier to just go and order your own CD, with your own music.

    There would be no more incentive to run all the P2P networks to get music. This proposed service would have filled the need with a better offering. iTunes is still too expensive, IMHO.

  • by jesseblue ( 688611 ) on Friday September 05, 2003 @09:10AM (#6878529) Homepage
    Just found an article [schattenseite.de] with a different approach to filesharing in general and bittorrent [bitconjurer.org] in particular. The author suggests to encrypt (simply XOR) the file to be shared with another file larger than the original. By doing this, you are essentially sharing a random file, which can't be subject to copyright legislation. Depending on the keyfile, you could reconstruct a blockbuster movie as well as your personal photo album. What do you think?
  • by the_mad_poster ( 640772 ) <shattoc@adelphia.com> on Friday September 05, 2003 @11:33AM (#6879958) Homepage Journal
    I'm giving consumers the benefit of the doubt in that they are intelligent enough to decide what the CD is worth to them.

    That's partially true, but it's only PART of the equation. The decision as to the value of the product is also based on the comparisons of similar products. If the only thing they've ever been given to compare against is other ridiculously overpriced crap, they lose the ability, through no fault of their own, to make a fair comparison of the real value of the product.

    If someone comes out with Widgets and you think they're a great thing, but you have no idea what the material value is and there's never really been anything you can compare them to*, you have to base your decision SOLELY on your emotional reaction to the product. If that reaction is strong, you buy the product. BUT, if you had known the real material value BEFORE making the decision, the fact that a Widget costs $2.50 to produce and promote may very well make you rethink the decision of shelling out $20.00 for that Widget on a logical level.

    That's exactly what the music industry did to consumers: made them purchase the product on a strictly emotional level by actively denying them the necessary information to make a logical decision. You can argue that consumers should be left to their own devices when it comes to deciding this sort of thing, but it shouldn't be the consumer's job to always beat information out of crooked corporations. Hence the judgement. That's part of why courts are there, to protect people so they don't have to spend every waking moment protecting themselves. If you were always left to worry about how a corporate might be (and would be) abusing your trust instead of having someone else do some minimal oversight, your entire day would be spent trying to desperately avoid getting ripped off. You'd have to know every detail about every product you bought. Why? That's why the court decided against the industry - it's called "checks and balances" and it makes it POSSIBLE for you to make intelligent decisions.

    * Bear in mind that the industry claimed when CDs came out that the medium was expensive to provide - hence the high prices. They claimed prices would drop as an economy of scale set in. They lied. Prices are exhorbitant for CDs. That has been the case now for well over a decade.

  • Parents (Score:5, Interesting)

    by David Hume ( 200499 ) on Friday September 05, 2003 @11:54AM (#6880154) Homepage

    I don't think many people will sign up for this at all.


    I think this is aimed at parents. I also think that many of them may fall into the trap for two reasons.

    First, to avoid being sued themselves. I can see the questioning now. Who owned the computer? Who paid for the computer? Did you know that junior was downloading our copyrighted songs without permission? Really? Where did you think he got the 10,000 songs on his hard drive? Do you want to pay the $50,000 now, or in easy monthly installments secured by a trust deed on your home? Faced with that, parents may tell junior to say he is sorry, sign the damn release, and promise to never, never do it again.

    Secondly, I think parents may pressure Missey to do this "because your whole life is ahead of you, and you don't want to ruin your future." This can be viewed as a "youthful indiscretion" that is best resolved quickly, quietly, painlessly, and then forgotten. Missy is 17 years old. Her parents want her (and themselves) to spend years in litigation? Blow the college fund? I don't think so.

  • by ArCaNe50 ( 587961 ) on Friday September 05, 2003 @03:49PM (#6882307) Homepage
    The one who are dumb enough to "give away" their identities deserve to be caught anyway.

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