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RIAA Victory Over Usenet.com In Copyright Case 289

ozydingo writes "The RIAA has scored a victory in a decision on a copyright case that they filed back in 2007. US District Judge Harold Baer ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection under the Sony Betamax decision stating that companies can't be held liable of contributory infringement if the device is 'capable of significant non-infringing uses.' Bear noted that Usenet.com differed from Sony in that the sale of a Betamax recorder was a one-time deal, while Usenet.com's interaction with its users was an ongoing relationship. The RIAA stated in a brief note, 'We're pleased that the court recognized not just that Usenet.com directly infringed the record companies' copyrights but also took action against the defendants for their egregious litigation misconduct.'"
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RIAA Victory Over Usenet.com In Copyright Case

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  • Re:FURIAA (Score:5, Interesting)

    by causality ( 777677 ) on Wednesday July 01, 2009 @10:28AM (#28542083)

    Doesn't that cover about anything on the internet, ftp, http, ssh.... Gee they could sue just on a grounds that the technology "maybe" used for illegal activity.

    Hmmm.. sue the founders of tcpip because they allow for the "transport" of such illegal activities...

    That would be the logically consistent position, yes.

  • by Anonymous Coward on Wednesday July 01, 2009 @10:33AM (#28542165)

    Kids, forget the internets.. I've got a whole NEW way of file-sharing with no pesky lawyers, no judges, no colluding ISPs, no Orwellian gubment "oversight".
    It's called a "flash drive".

    1. Put a song or movie onto your flash drive and give it to a friend.
    2. They give it back to you with some of their songs or movies on it.
    3. ???
    4. We both haz profits!!!!

  • by quangdog ( 1002624 ) <quangdogNO@SPAMgmail.com> on Wednesday July 01, 2009 @10:38AM (#28542233)
    I'm curious - we frequently hear of the RIAA suing this, that, and the other thing. Is there somewhere we can go to see just how many concurrent ongoing cases involve the RIAA on a global scale?

    I'm guessing no.

    Though I posit that if we had access to a simple count of current litigation broken down by who is suing whom, the RIAA would be somewhere near the top in terms of the number of suits they have filed and are currently working.
  • by Locklin ( 1074657 ) on Wednesday July 01, 2009 @11:02AM (#28542551) Homepage
    I'm curious of when that will happen. When bill C-61 (the Canadian DMCA) was introduced, there was way more noise from the general public than I expected. I think the average (younger) citizen is starting to understand what's going on, even if they don't seem to care yet.
  • by mea37 ( 1201159 ) on Wednesday July 01, 2009 @11:05AM (#28542595)

    Actually, what he seems to be saying is: If you sell someone a thing, your rseponsibility for how they use that thing after the sale is less than your responsibility for how someone uses a service you are actively providing. Given the nature of secondary infringement, it certainly seems like a plausible distinction. But don't let the facts get in the way of a good cynical punchline.

    (Now, whether I agree with his conclusion I couldn't say without digging quite a bit deeper into the issues.)

  • by seekret ( 1552571 ) on Wednesday July 01, 2009 @11:06AM (#28542607)
    They shouldn't have been advertising the availability of illegal material, they dug there own grave by literally saying "come here to download any copyright material you want and we will help you get away with it". Usenet is useful for many things that are perfectly legal, I feel no remorse for usenet.com because their own arrogance brought this on them.
  • by causality ( 777677 ) on Wednesday July 01, 2009 @11:24AM (#28542875)

    I'm curious - we frequently hear of the RIAA suing this, that, and the other thing. Is there somewhere we can go to see just how many concurrent ongoing cases involve the RIAA on a global scale? I'm guessing no. Though I posit that if we had access to a simple count of current litigation broken down by who is suing whom, the RIAA would be somewhere near the top in terms of the number of suits they have filed and are currently working.

    Makes me wonder one thing. Do you think it would benefit the general population or harm the general population if we simply outlawed all trade organizations and forced all companies in an industry to act as completely independent entities? Because personally, I have never seen them do anything that I found to be desirable though I admit that such things probably don't make the news.

  • by Slashdot Parent ( 995749 ) on Wednesday July 01, 2009 @11:24AM (#28542881)

    Maybe it's because I'm not really involved in the legal system, but I find the way the jduge sanctioned usenet.com to be very troubling.

    If you'll read the article, you'll see that usenet.com destroyed evidence and arranged for witnesses against it to be out of the country for the trial. For this, usenet.com absolutely deserves to be sanctioned.

    But the judge's sanction was effectively to rewrite the DMCA. Lawmakers inserted a Safe Harbor provision into the DMCA that shielded service providers from responsibility for criminal activity of their users. When Judge Baer sanctioned usenet.com by preventing them from raising the Safe Harbor defense, he effectively rewrote the DMCA in a way that lawmakers never intended!

    Without the Safe Harbor defense, usenet.com's case was lost. I'm not sure what the appropriate sanction should be for usenet.com's blatant discovery violations, but a judge rewriting a law as it applies to just one company seems wrong to me.

  • by Travelsonic ( 870859 ) on Wednesday July 01, 2009 @11:31AM (#28542969) Journal

    ince the average person probably isn't sharing copyrighted material, he probably won't have anything to fear from the RIAA.

    I am having a hard time telling if this sarcasm or not. If it isn't you might want to read up on some of the recent MPAA/RIAA related cases.

  • by spidercoz ( 947220 ) on Wednesday July 01, 2009 @11:32AM (#28542985) Journal
    Yeah, music sales were still on the upswing at that point. After video games and dvds starting making a dent in their bottom line, the RIAA turned on the internet as a scapegoat to blame for their loss of sales, willfully ignoring the fact that the overall quality of their product has been dropping for years and their obstinate refusal to adapt and adopt new technologies and methods. The writing is on the fucking wall, RIAA isn't just fighting progress, it's fighting evolution.
  • by pjr.cc ( 760528 ) on Wednesday July 01, 2009 @12:05PM (#28543669)

    No one gets usenet versus Usenet.com (nor I really). But it certainly has some interesting implications, for example, almost every ISP in Australia has a usenet feed and a full alt.binaries tree. That could make for some "fun times" and i cant only imagine what will happen if the RIAA equivalent in AU gets to mess with our little comunist firewall... err, i mean saviour of our childrens minds.

    Given there are already cases against the ISP's in court already.

    But, does it really matter? Yeah, usenet was good while it lasted and if this is about to spell it's final "for whom the bell tolls", then so be it. One of the big problems with usenet in the modern era was lack of knowledge of its existence. For example, in my day I sold and bought things on Aus.ads.forsale and now everyone uses ebay cause they know it exists.

    But, some of that "social fabric" is changing as well (to more modern things I mean). Take twitter and facebook as a semi-evolutionary step, sure you probably cant easily share copywritten (?) work on them easily, but how long until the google wave becomes a simple, all-access protocol capable of doing the same?

    The internet does route around the damage that people do to it, and techo's come up with better tech for avoiding rediculous litigation - but more importantly, they get better at quickly making things that are hard to blame on any one person or organisation while people like the RIAA are struggling to grapple with putting together a case based on incomplete evidence from yesterdays protocols.

    Block Bittorrent in AU? go for it, we'll get something else (we had kazaa, napster, emule, etc etc already and we learnt from the various mistakes present in those protocols). In short, techno-people move quick, bit corp's move slow and we're always going to be ahead.

    Personally when it comes to all these things all I know is that it puts me off watching movies or listening to music because if I happen to have an MP3 of a song from a CD that was later stolen, chances are I could be possibly in trouble. In alot of industries thats called shooting yourself in the foot.

    Oh, and did anyone see that little news report in AU about how movie piracy was funding terrorism? I wonder how much the RIAA payed to have that little piece put on the air (in all fairness, it was physical media piracy as opposed to sharing on the internet, but still)...

  • by taustin ( 171655 ) on Wednesday July 01, 2009 @12:08PM (#28543729) Homepage Journal

    Actually, generally speaking, when a litigant is caught falsifying or destroying evidence, or otherwise interfering with the other side's case, it isn't uncommon for the judge to deny them to opportunity to present any defense. This is, in many people's opinion, entirely appropriate. It's the punishment for obstructing justice. This happened in one of the lawsuits over the University of California fertility clinic scandal, when the state's lawyers were caught falsifying evidence. The judge just issued a summary ruling for over $100 million, and that was that.

    The key concept here is, if you don't want to lose automatically, don't break the rules (and the law).

  • So... (Score:3, Interesting)

    by frozentier ( 1542099 ) on Wednesday July 01, 2009 @12:35PM (#28544293)
    So, this means if a guy bootlegging movies were to record those movies onto Memorex blank DVD's, then Memorex would be liable for copyright infringement, right?
  • by jedidiah ( 1196 ) on Wednesday July 01, 2009 @12:55PM (#28544697) Homepage

    n00bs casually break copyright laws.

    The idea that copying something is "wrong" is just not something
    that occurs to the common man with a classical medieval notion of
    what is moral or what is legal.

    The law is inherently complex and the media moguls constantly seek
    to increase their power and make more things illegal. The tech is
    inherently complex and already bound to be out of the control of
    the typical n00b.

    The law is already at the point where the common man is going to
    be somewhat bothered. The media moguls will likely not be
    satisfied until the common man is generally criminalized for
    mundane petty acts of infringement.

    Their own lack of restraint may be their undoing.

    Tell Suzie Homemaker that it's illegal for her to copy
    the baby portraits and see how she reacts to that...

  • by Anonymous Coward on Wednesday July 01, 2009 @02:19PM (#28546407)

    No, *we* don't have legal ways of changing them. We don't even have illegal ways of changing them. We are held in your "civil society" by force of violence--quite literally at gunpoint. If I resist copyright legislation, I will be prosecuted--if I resist prosecution, I will be arrested. If I resist arrest, I will be tased or shot. Leave and go elsewhere? Where? There is no land, no water, no surface unclaimed, even on the ocean floors. Even if I could afford to set up a colony in Antarctica, I would be kicked off by military force.

    Rules only exist to govern--and leaders exist only by and for the consent and good will of the governed. It's been six years since the last election was stolen (and it was--even if it would've turned out the same way, the fact that vote fraud occurred is sufficient to reject all individuals involved) and I gave up on these so called laws and rules which exist only for the benefit of those who create them. This system of law you preach *is* anarchy.

    It isn't just "you" that pays the price for being "uncivil"--it's all of society. Please line up against the wall.

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