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A Look at The RIAA's War Against College Students 159

NewYorkCountryLawyer writes "p2pnet.net has put together a fascinating retrospective on the RIAA's war against college students, commenced February 28, 2007. The campaign is described as one to 'force "consumers" to buy what they're told to buy — corporate "content," as the Big 4 call their formulaic outpourings.' In a scathing indictment not only of the major record labels, but of those schools, administrators, and educators who have yet to take a stand against it, Jon Newton reviews a number of landmark moments in the 11-month old 'reign of terror'. They include the announcement of the bizarre 'early settlement' sale, the sudden withdrawal of a case in which a 17 year old Texas high school student had been subpoenaed while in class during school hours to attend a deposition the very next day during his taking of a standardized test, the call by Harvard law professors for the university to fight back when and if attacked, and the differing reactions by other schools."
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A Look at The RIAA's War Against College Students

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  • Death throes (Score:2, Insightful)

    by HW_Hack ( 1031622 ) on Sunday February 03, 2008 @01:40PM (#22283144)
    A large predatory animal can be quite dangerous once wounded (by lack of CD sales) and will attack anything
  • Incoherent article (Score:5, Insightful)

    by Jeff DeMaagd ( 2015 ) on Sunday February 03, 2008 @01:44PM (#22283176) Homepage Journal
    "The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content," as the Big 4 call their formulaic outpourings.' "

    If it's really crap like you say, is it really worth listening to at all? Why even download it "for free" if you think it's crap? It just sounds like a sad excuse to download. There are alternatives to "Big 4" music, unfortunately, sometimes the anti-RIAA crowds neglect to mention them.
  • by Mike1024 ( 184871 ) on Sunday February 03, 2008 @01:46PM (#22283180)

    The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content," as the Big 4 call their formulaic outpourings.' In a scathing indictment not only of the major record labels, but of those schools, administrators, and educators who have yet to take a stand against it


    The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

    If the content is good enough that you want access to it, you either have to pay for it, or accept a small but nonzero chance of being sued and fined for copyright infringement.

    I also don't see that universities need to cover for students engaging in copyright infringement. If you connect to a torrent of 'Heroes' or 'House' or whatever, your IP address gets recorded, and the copyright holders subpoena the university to know what user had that IP address at that time, why does the university need to 'take a stand against it'?

    Now, I'd certainly agree that some stories on slashdot talk about inexplicably large fines being requested. And certainly innocent people who are wrongly accused should be entitled to reclaim reasonable costs for their defence. But to say students are being forced to buy record labels' music, or to say that universities have a responsibility to cover up lawbreaking by their students, doesn't really make sense to me.

    In other words I found the article less 'scathing' and more 'worded emotively'.

    Just my $0.02.
  • by betterunixthanunix ( 980855 ) on Sunday February 03, 2008 @01:48PM (#22283202)
    This is nothing more than a mere glance at the true extend of the RIAA's campaign. The number of students the RIAA has sued, most of whom couldn't hope to pay off a settlement or a lawyer to bring the case to trial, numbers way into the thousands. The truly insidious part is just that: the RIAA has billions of dollars available to sue people, and could keep the cases in litigation until the defendant just runs out of money and is forced to settle. There is no due process here, there never could be in cases like these.
  • Right... (Score:3, Insightful)

    by matt4077 ( 581118 ) on Sunday February 03, 2008 @01:56PM (#22283268) Homepage

    The campaign is described as one to 'force "consumers" to buy what they're told to buy -- corporate "content,"
    Sure, because people only download stuff because it's so much better. Nobody ever downloads Britney Spears. These evil corporations don't just want money for their goods, they are conspiring to keep the real artists away from us.
  • Re:when (Score:5, Insightful)

    by CastrTroy ( 595695 ) on Sunday February 03, 2008 @01:57PM (#22283272)
    This coming from the same guy who complained [news.com] that only 1 in 5 people who downloaded Saul William's album, which he produced, chose to pay for it. I find that to be a pretty good ratio considering they didn't even offer a way to sample the album without downloading the entire thing.
  • by FromTheAir ( 938543 ) on Sunday February 03, 2008 @01:59PM (#22283280) Homepage
    The truth is that the corporation (or the few that benefit to the detriment of the many) only has greater power when the consumer is divided amongst themselves, consumed by fictional issues and kept ignorant.

    The day we use technology to unite in collective effort, disseminate intelligence and wisdom to dissolve ignorance and share a single intention then the consumer the citizen will take control as master.

    The "Many", the consumers combined wealth far exceeds that of the "few" because the consumer delivers real value every day.

    Many of those individuals or corporations that control vast wealth only do so because we perceive the fiat currency, the intangible symbolic units to have value. As soon as this illusion is destroyed their power is gone.

    We the people control the cash flow of business and labor, the worker produces the products and services that make the world go around and this is where the real tangible value is.

    We the people are very powerful, but we have been blinded to our own power by an illusion created by those that benefit from the current systems and don't want them to change.

  • by whthat ( 808519 ) on Sunday February 03, 2008 @02:08PM (#22283372)
    Problem with just say if the RIAA's content is bad don't download it is that the RIAA has a bad track record of going after suspected downloaders. Often they "catch" other peoples copyrights in their fishing expeditions. Perfect example is in your statement: Neither 'Heroes' or 'House' would fall under the RIAA, being NBC and Fox held copyrights, but the copyright laws are so mucked up that its almost impossible for even the people who study it to clear up. The other point most people forget is not all downloading is illegal, some of it falls under fair use. The reasoning behind the universities protecting their students are two fold: 1) The RIAA's cases tend to be over zealous and often disruptive to the network. 2) If the RIAA can push hard enough they may be able to claim the university is enabling the copyright infringement and then charge the university as an accomplices.
  • by Xenographic ( 557057 ) on Sunday February 03, 2008 @02:20PM (#22283454) Journal
    > The way I see it is: If the content is so terrible, don't download it.

    I don't. Wouldn't be caught dead listening to their music. However, there are a couple of factors you've neglected:

    1) They sue the wrong people often enough. Remember that guy who didn't have a computer? I wonder if MediaSentry gave one of their boilerplate expert reports in that lawsuit? Because it would be really interesting if they had.

    2) Anything popular is crap, according to simple statistics. That's a contradiction in terms, right? But a really good song might be liked by 80-90% of the people who hear it (the actual percentages don't matter, just accept those numbers as an example). So now we have 10-20% of the people who hear it who don't like it to some degree, a few of whom will likely hate it. Now realize that every song has a different percentage and that percentage is made up of different people. So the more popular you are, the more people there are who hate your music. In fact, the more people who hear it, the more likely it is that there are people who hate every single bit of music you've produced.

    It may be counter-intuitive, but it's pretty clear that the more popular your music is, the more it's heard, so there are more people who hear it and hate it. It's the "Curse of Popularity"

    There's a counter-point to this, too, BTW. If enough people hear an awful song, there's likely to be at least *one* guy who really loves it (probably the guy who wrote it). Thus, you have niche music that's horrible to most people, but which attracts a tiny fan following which absolutely loves the music. This is how you explain the Indee crowd.

    Oh, and nothing here is exclusive to music. You can get the same thing with wine snobs, art, sex or anything else based on personal taste.
  • Re:Death throes (Score:2, Insightful)

    by ilikepi314 ( 1217898 ) on Sunday February 03, 2008 @02:23PM (#22283470)
    That's too far in the future for them to even fathom. The whole reason they're doing this is they want profits NOW. No delayed gratification, they want to be rich right now.

    These organizations may not survive another generation if they keep bullying the younger kids, but it won't matter to current CEOs at all; by then, they'll be rich and retired and possibly even already passed away. It largely won't impact them if we aren't going to do anything about it for 20 years, so why should they care? They're getting away with it so far. They may not be all that stupid; actually, somewhat smart, just very near-sighted and not very ethical.

    They'd stop this nonsense in a heartbeat if a couple judges made a stand and said they owed millions for making a stupid lawsuit; that threatens their retirement in the Bahamas, and they'd rather lay off the lawsuits than loose their riches.
  • by Mike1024 ( 184871 ) on Sunday February 03, 2008 @02:37PM (#22283596)

    The issue is that people who are accused of downloading music should get a fair hearing, the chance to defend themselves (mistakes do happen) and face a punishment proportionate to the "damage" done to industry and society by their "crime".


    Well, I did say that some of the fines talked about on slashdot are inexplicably large, and that people who are wrongly accused should be entitled to reclaim reasonable costs for their defence.

    I was under the impression that you could go to court, demonstrate (through inspection by an impartial expert third party) that there was no evidence of file sharing on your computer (e.g. your MP3s are ripped from CDs, or are from iTunes, or are distributed as MP3s by the copyright holders; and you don't have KaZaA or something installed with your MP3 directory shared, your BitTorrent client has only legitimate downloads running, etc.) and you'd be let off. It should take an afternoon, and cost no more than a few hundred dollars, which the record labels have to pay after you are found innocent.

    Does it not work like that?
  • by ZombieRoboNinja ( 905329 ) on Sunday February 03, 2008 @02:57PM (#22283770)
    >>The way I see it is: If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.

    The problem (at least according to one semi-conspiracy-theory) is that there's lots of GOOD music on those Big 4 labels as well, but the labels don't respect what they "own." They'd much rather have people encountering music through avenues they basically own, like ClearChannel radio and MTV and big chain record stores. Why? Because bands that become popular on their merits will eventually figure out they can do without the labels, like Radiohead did, whereas artists that are totally reliant on the industry's marketing (like Britney Spears) aren't likely to stray from the flock.

    >>I also don't see that universities need to cover for students engaging in copyright infringement.

    The issue is that the RIAA isn't just using due process to get colleges to turn over IP records. They're trying to strong-arm universities into installing programs to monitor their students' internet downloads. For a lot of universities, this is seen as a bad idea on principle, since they want to at least seem "pro-free-speech." (They've got the free-speech zones and everything!)
  • Re:when (Score:1, Insightful)

    by Anonymous Coward on Sunday February 03, 2008 @03:13PM (#22283894)
    anonymous != hackers. mediafag.
  • by flappinbooger ( 574405 ) on Sunday February 03, 2008 @03:22PM (#22283980) Homepage

    And if I die from it, I am not going to whine like a little baby and blame the company I bought them from.


    Because, of course, you would be dead...
  • by Foobar of Borg ( 690622 ) on Sunday February 03, 2008 @03:26PM (#22284026)

    If the content is so terrible, don't download it. As you will not be infringing on anyone's copyright, you will not get sued.
    I don't buy CDs anymore. I also don't download. I just don't give shit anymore. Entertainment is not a necessity, though it would be nice for some form of culture to actually exist. Unfortunately, with the slipshod way RIAA handles things in pre-litigation (I'm surprised they haven't tried to sue cloistered monks by now), there is still a chance that I will wind up getting sued.

    The only way to save any kind of culture in the US is to stop buying or downloading anything. We don't have a real culture anymore because culture is now largely what RIAA and MPAA says it is.

  • Re:when (Score:4, Insightful)

    by multisync ( 218450 ) on Sunday February 03, 2008 @03:29PM (#22284054) Journal

    I find that to be a pretty good ratio


    I must say, he really swings from one extreme - "steal, steal ... and steal some more" - to the other - ISP tax to do things normally covered by Fair Use. How bout we meet somewhere in the middle, Trent?

    These guys made $140,000 in three months. If they used opportunities like the interview you linked to put out a positive message, those numbers could grow, maybe to the point where they could "cover the costs and perhaps make a living doing it." Hell, they could even partner with one of those evil record labels at a later data and release a physical CD ala In Rainbows.

    Whining to interviewers that four fifths of the people who downloaded the album you put on your website "stole" it and proposing to tax everyone - even those who don't listen to pop music - doesn't entice me to buy - or steal - his album.
  • by QuantumG ( 50515 ) <qg@biodome.org> on Sunday February 03, 2008 @03:32PM (#22284090) Homepage Journal
    Umm, if you could copy cigarettes would you consider it necessary to invent a law to prevent it or would you consider that an insane law that could only exist if the government were corrupt and taking bribes from cigarette manufacturers?

  • Back in the day? (Score:4, Insightful)

    by fahrbot-bot ( 874524 ) on Sunday February 03, 2008 @03:47PM (#22284246)
    From TFA: Years ago, college students were our best customers," he said. "Now they're among our worst customers."

    Perhaps 'cause:

    • Those college students of yore are all growed up now?
    • People had fewer choices for purchasing (or acquiring)?
    • Music today isn't what it once was (a generalization, but perhaps with some truth)?
    • Music was more art than commodity?
    • Any / all of the above?

    Sure, I use to buy music when I was younger, but I don't buy much anymore -- nor have I ever downloaded anything. I've purchased 3 CDs in the last 10 years. What I already have is either better than what's new, or I'm simply just happy with it. In the car, I either listen to a CD or NPR; commercial radio is crap.

    Great music never goes out of style. Perhaps some of the younger crowd have music from their parents :-) I mean, would you really want to listen to "Oops, I did it Again" over anything in your parents collection? How about instead of a baby whining on an airplane - oh, wait, that could be Britney too.

  • Re:when (Score:3, Insightful)

    by multisync ( 218450 ) on Sunday February 03, 2008 @04:28PM (#22284594) Journal

    Trent never said he supported an ISP tax


    Well, here's what the blog CastrTroy linked to has to say on that:

    More than a week after this story was published, Trent Reznor accused CNET News.com of misquoting him about the issue of a music tax on ISPs. We have posted an audio excerpt of the Reznor interview here. For the sake of full disclosure, we have also updated this story to include the text of what he said following his remarks about the ISP tax.


    And here's the relevent quote, again according to the blog:

    For me, I choose the battles I can fight. In my mind, I think if there was an ISP tax of some sort, we can say to the consumer, "All music is now available and able to be downloaded and put in your car and put in your iPod and put up your a-- if you want, and it's $5 on your cable bill or ISP bill."

    Someone asked me recently whether I've used 4-1-1 lately. I said 'Not really." They said do you know you're paying for that every month? 'I am?' Yeah, X-amount of your money goes to a service that you don't even use.'


    Is Trent saying that those are not his words? Because if they are, it sounds a lot to me like he's endorsing a tax on ISP use as a means of compensating artists, just like the tax Canadians pay on blank CDs.

    The problem with these taxes is that they are levied against everyone, including people who don't "consume" Trent's music. They also penalize - and put at a disadvantage - those who use blank CDs or Internet connections in the running of their own small business or even the production of their own art.

    It's great that Trent is out there talking about these issues, I just think he needs to take a more moderate point of view. Somewhere between stealing everything and taxing everyone, there is a solution.
  • Don't Forget (Score:3, Insightful)

    by Nom du Keyboard ( 633989 ) on Sunday February 03, 2008 @06:05PM (#22285288)
    Don't forget, among the other recent RIAA college sins, their quickly pulled back "audit package" based on GPL'd software for the colleges to use in tracking song swapping. It was another clear low point in the RIAA's campaign of terror and extortion.
  • by Anonymous Coward on Sunday February 03, 2008 @06:40PM (#22285546)
    "to identify the person using the IP address at that time"

    Mike,

    this is where it all falls apart.

    You can tell the *account* that has the IP address, but in many households, NAT'ing means at least 2, if not more, computers share that address. In my house, for example, there are 6 computers, and 8 people who share in IP address.

    So you can't tell the person.

    Can you file a civil lawsuit against the account holder? It may be possible, but the burden of proof, I imagine, is much higher. That's why for speeding/red-light camera tickets they fine the car owner, but not the driver. Primarily because they don't know who was driving. We have 2 cars and 4 drivers in my house. If a ticket shows up, it's hard for *us* to figure who was driving.

    So the "evidence", in the most scrupulous of circumstances is at best unclear.

    That's just another problem for the RIAA.

    To recap:

    1) The RIAA doesn't seem to be able to gather accurate IP information
    2) Even if they do, there is no chain of custody, that is, there is no attempt to determine if you actually downloaded the song(s) they claimed
    3) There is no chain of custody of evidence to show that you downloaded anything copyrighted
    4) The RIAA cannot demonstrate they represent the copyright on any song they're suing you for
    5) The IP address does not address the person who committed the crime.

    Is that enough for you? Any one of those produce reasonable doubt in my mind.
  • Re:If $$$ is King (Score:3, Insightful)

    by Technician ( 215283 ) on Sunday February 03, 2008 @10:11PM (#22286764)
    If $$$ were king, they would figure out what the consumer wants and provide huge archives of back catalog at cheap prices and people would flock to the offerings for stuff their 30 to 60 Gig media players. How many people hit the national average and only buy 2 CD's per year? Their fight to keep the ASP high has killed the sales as much as anything. There is competition for the entertainment dollar. An upgrade to broadband, better car, bigger house, new flat screen, etc are replacing the CD's as a consumer choice item.

    Wold you buy more than $25 worth of music in a year if it was 5-10 cents/track?
  • by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Sunday February 03, 2008 @11:30PM (#22287164) Homepage Journal

    If record labels have enough evidence to get courts to issue subpoenas (they could easily gather this much evidence), and have a court-issued subpoena, I hardly call that "hardly no evidence".
    Correct. What they have cannot be characterized as "hardly no evidence".

    I would characterize it as "no evidence at all". They have zero evidence that the defendant infringed their copyright. They have admitted under oath that their "investigation" does not detect any individual doing anything [blogspot.com].

    The reason the judges have signed orders authorizing the subpoenas is because the proceedings are ex parte -- there is no opposition, no one even knows it is going on. I.e., the judges have been hoodwinked. Occasionally, though, some judges see through it [blogspot.com].
  • Re:Don't steal it. (Score:3, Insightful)

    by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Sunday February 03, 2008 @11:42PM (#22287240) Homepage Journal

    I think they're just saying, "Don't steal our content."
    Not so. They're suing anybody who they believe has a FastTrack p2p file sharing program on their computer and has what appear to be copyrighted song files -- even if the files were lawfully obtained. I.e., it's a war against p2p file sharing. Period.

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