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EFF Calls RIAA Tactics 'Reign of Terror'
Posted by
Zonk
on Fri Jul 21, 2006 09:23 AM
from the hyperbole-much dept.
from the hyperbole-much dept.
nanday writes "What happens when the RIAA prosecutes people for alleged illegal music downloads? In an article on Newsforge (also owned by OSTG), lawyer Ray Beckerman of the Electronic Frontier Foundation explains the RIAA's favorite tactics, and why they play fast and loose with the law. Beckerman also explains why two of these cases may stop the RIAA in its tracks - and what you can do for help." From the article: "In UMG vs. Lindor, the defendant 'is a home house-aid who's never even used a computer,' according to Beckerman. 'She's never operated a computer, she's never even turned on a computer. The only connection she has ever had to a computer is that she has on occasion dusted near the parts that she believes are a computer. And yet she is being pursued as an online distributor in peer-to-peer file sharing.' Since Beckerman became involved in the case after it had gone to federal court, he has tried to learn the details of the charges -- so far with little success. 'The RIAA is trying to conceal the information about how it conducts its investigation,' he says. 'They have stalled every discovery request we've made' -- presumably because to reveal this information would also reveal the weakness of all the similar cases."
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This will.... (Score:5, Funny)
Re:This will.... (Score:5, Funny)
Now I'm confused. (Score:3, Funny)
Does that mean that I dust? Or that I'm anti-dusting? If so, why all the dust?
technology is outstripping Justice's understanding (Score:5, Insightful)
Case in point from the article:
It would be nice to think the courts and the justice system (the jurists) would apply due diligence but for myriad reasons they don't or won't. Considering technology, the RIAA, and the gazillion combinations of playing with digital media it isn't clear a judge could ever be educated enough to understand the technical issues. Instead, the deepest pockets win because they can afford the biggest megaphone -- they've convinced the legal system via FUD that consumers are evil and piracy is rampant and must be stopped.
Problem is, customers aren't evil, piracy is not rampant (yeah, it exists, but it's not the monster the RIAA claims it is), and it doesn't need to be stopped.
My biggest fear is the momentum is too strong, the RIAA has gotten too far along and has won enough battles it's beginning to look like they may win the war. And, the prediction in the article:
is likely to be the outcome.Of course it seems obvious to me the ultimate result of all of this nonsense is the buying public either is so angry at their treatment, or confused by all of the rules and regulations, the promising landscape of new and great electronic gizmos will suffer its own (and hopefully temporary until all the goons leave town) recession. To quote the scathing Paul Thurrott's outrage against Microsoft's false positive to his "piracy", "Ah well". ;-)
Re:technology is outstripping Justice's understand (Score:3, Interesting)
Have faith? (Score:5, Insightful)
Most people, when they installed the Sony rootkit, did not even know that they had installed DRM on their machine, what it's purpose was, how to remove it, or even why they should care.
DRMs will be a thing of the past in the next decade, I have faith.
My prediction: DRM will be even more common next decade. CD sales will continue to fall and DRM'd content sales will continue to rise. The difference between you and me, is that I will be trying to raise people's awareness rather than just sitting back and letting it happen.
Re:Have faith? (Score:5, Insightful)
One, we get "good" drm, which is to say, DRM that is both hard to break, and mostly transparent to the user (good quality, not good ethically). Right now DRM is really obvious, it's like a leash, and every time you try to exercise your rights, that leash jerks you up short, causes anger and irritation. It's also easy to break, so the benefits of breaking the DRM and getting full use of the content are way ahead of the actual hassle of breaking the DRM. In my opinion, the best way to get "good" DRM would be to stream everything from central servers, and make it available through a range of wireless integrated devices. This is obviously serious future tech, but the potential exists already, so it's not farfetched.
The other possibility is that the current distribution model will break down as artists opt-out of the restrictive RIAA practices, and some more organic system grows up in its place, where content is not so rabidly protected, and artists are more directly compensated by their fans.
I wouldn't be surprised to see a little of both, in the next 10 years. All these subscription sites are technically crappy implementations of the first concept...Pay a subscription fee and access the music all you want, in any number of crappy non-portable formats. But if you could browse it in your car, or anywhere else through a range of compatible devices interconnected wirelessly? Who gives a damn if you can't copy it, if you can access it any time, from any where? It'd be the death of the physical media sales, so they won't support it for a while to come, but it's the best approach for them. They keep control, they get your money.
As far as the second goes, there have been independant artists and independant labels for years, but they're exploding now, with all the production costs going down. They have so much less to lose, and so much less access to physical media stores, they're trying all kinds of new methods of distribution, and it's not unlikely that some of them will be popular enough to pull in some of the mainstream.
Re:Have faith? (Score:3, Insightful)
Re:Have faith? (Score:3, Insightful)
Re:Have faith? (Score:3, Insightful)
I associate 'having faith' with religious nuts that failed to win an argument using logic so they just claim 'This is true, please just accept it and don't think ab
Re:Have faith? (Score:4, Insightful)
Oh really?? And here was me thinking it was just a way to prevent illegal copying...
I have commented on this before [slashdot.org], but it seems that I am the only person on Slashdot that understands that DRM cannot prevent illegal copying.
Re:Have faith? (Score:5, Insightful)
They KNOW they cannot prevent this so-called "piracy" but they want to brainwash me, you, politicians, and of course the children to believe that fair use does not exist, and copyright should never, ever, ever expire and works should never, ever enter the public domain. We don't grant a 10-year, 20-year, 30-year, or even 70-year monopoly on works now. Thanks to DRM and the DMCA, they now have a de-facto state-authorized-yet-unconstitutional unlimited copyright, and they want to reeducate us all to believe that this is how it should be, despite what the constitution states in black and white about the limited duration monopoly.
Re:technology is outstripping Justice's understand (Score:5, Interesting)
Today geeks are pissed, mostly because we see a dark future if trends continue, and consumers aren't upset by this. However, consumers *will* be upset if trends continue! If DRM moves to a place where consumers choke on it, it will be as dead as Divx, and all technology assoiciated with whatever consumers hated will be dead as well, as fast a a boy-band becomes no longer cool.
I work with engineers who are working on the TCG standards, and there is a lot of awareness of this problem. If, as many Slashdotters fear, Trusted Computing gets used to lock down consumer DRM, then Trusted Computing is dead, and years of work are wasted.
This doesn't mean that DRM is going away, however. There's plenty of room for less intrusive DRM that won't annoy the average customer, but will still seem restrictive to geeks. iTunes is there, more or less, for example.
Re:technology is outstripping Justice's understand (Score:5, Insightful)
Would you allow a technition to fix a photocopyer when he only knows about air conditioning?
Re:technology is outstripping Justice's understand (Score:5, Insightful)
You fail to understand the enemy, and that is why you will lose.
The RIAA and MPAA are not fighthing this fight because they believe piracy is a problem now. They're not spending all this money fighting it because they want to get a couple extra bucks in sales.
They're fighting it because they recognize that p2p has the potential to completely decimate their supply channels by allowing every Tom, Dick, and Harry to interrupt their entire business plan with a mouse clicks.
This is a fact. Whether you believe it will actually happen or not is up for debate, but the RIAA and MPAA do believe that it will, or that it's likely enough that going on this campaign now is in their best interests.
Of course, like any other company that mistreats a cusomter, the simplest solution is to simply cease doing business with them. However, since the majority of people who are aware of this problem seem to be comprised of either theives or theif sympathizers who would rather just keep fueling the fire by stealing music, there's nobody really out there with any effective grassroots campaign to expose this disgraceful behavior.
If you want to put an end to this, the simple answer is to cease all activities involving consumption of the product. Don't steal it, don't buy it, don't listen to it on the radio, and make sure you let everyone know your position and explain why you're taking that position WITHOUT making it sound like you're just whining that you're coming under fire for wanting to steal things.
No income = dead cartel. Very simple equation.
Re:technology is outstripping Justice's understand (Score:3, Funny)
Re:technology is outstripping Justice's understand (Score:5, Interesting)
If you dissosciate yourself completely from the RIAA's music, you deliver the message loud and clear that it is the music, not the company that you object to. Sure you can "make sure you let everyone know your position and explain why you're taking that position", but that level of detail doesn't reach the sales figures of the RIAA. Show demand for the music (if there is any demand for it), just not the company's "Reign of Terror". So called piracy boycotts the business model thrusted upon us every time we want to listen to music, but still retains the demand for the music. I know everyone has said it, but give me a good-quality, DRM-free system (read: the system allofmp3.com uses), and I will be generous with my hard-earned cash.
Please note also that boycotting music (or movies for that matter) is not easy for everyone. I love my music, and I couldn't imagine my life without it. Right now, the RIAA could boycott me and I'd come crawling back, humble and submissive, within weeks.
Re:technology is outstripping Justice's understand (Score:3, Insightful)
Re:technology is outstripping Justice's understand (Score:4, Insightful)
Please, cite a source. Any source.
I'm in full agreement with you on the theory that this is the RIAA and MPAA's motivation (though I think it goes deeper than that, and gets a bit darker as they don't merely wish to preseve, but expand their control over distribution), but this is still just what we think the RIAA and MPAA think. It harms our case when we say that this is "a fact".
Re:technology is outstripping Justice's understand (Score:5, Insightful)
Unfortunately I think you are wrong.
If you were right then people would have got rid of their crashing, malware prone MS desktops years ago. As it is they moan and groan, but still don't switch to anything better.
I think the same will be true about restrictions management. People will grumble but accept it as normal. It is only the activists who will attempt to do something about and they stand a good chance of being dismissed by the (bought) legislators who can point to the fact that most people accept and are therefore happy with the situation (yes, I do know there is a non seqitur there).
Nice use of the Oxford comma by the way.
Re:technology is outstripping Justice's understand (Score:5, Interesting)
So I'll ask, where were the clerks, if this account is correct? Federal clerkships are fairly prestigious, and many clerks are young enough to have direct exposure to this technology. Are they not doing the research? I'm fairly certain any due diligence by the judge would be carried out by the clerks on these matters.
Re:technology is outstripping Justice's understand (Score:5, Insightful)
Re:technology is outstripping Justice's understand (Score:4, Insightful)
I agree that there is a problem with judges not compeltely understanding technology, but they are taught to be open minded. Remember that a lot of the people dues by the RIAA are guilty. Just because many of us feel things should be different does not change the fact that some of these people are violating the law. However I do not believe that the legal actions of the RIAA are in the spirit of American jurisprudence, nor do they meet the required burden of proof.
Countersuit (Score:4, Insightful)
Re:Countersuit (Score:5, Insightful)
Why is anyone surprised? (Score:5, Insightful)
Re:Why is anyone surprised? (Score:3, Informative)
Non-RIAA Labels of the World, Unite! (Score:5, Interesting)
So why can't they generate some sort of composite publicity for their activities? Why can't they call themselves soemthing fun like "AWESOME" (Association of Wedding Evil SOBs Out of the Music Enterprise) and run press releases like the RIAA? Donate some money to the EFF? Have some benefit concerts to Kill the RIAA?
Get your acts together, people! Let's synergize our paradigms, or something! Go go go!
Re:Non-RIAA Labels of the World, Unite! (Score:4, Informative)
They do. In the UK there's the Association of Independent Music [wikipedia.org], and in Australia there's AIR [air.org.au]. In Canada there's CIRPA [cirpa.ca], and in the US there's the A2IM [com.com]. I found these by taking a few seconds to goodle on "independent record labels."
Many, if not most of them, do issue press releases, as you suggest.
I suspect that while the indie labels aren't suing people left and right, they may not be as pro-piracy as you expect. I knew a fellow once who ran an indie record label. He had ten employees and paid himself the princely sum of $20K per year. When x% of the population opted to pirate rather than buy a CD from a major label, all it meant was that somebody you never heard of got laid off or didn't get a raise that year. When his artists' works started showing up on the P2P services, it meant that he had to lay off his friends. Although it's the major labels (through their mouthpiece, the RIAA) make the most noise about piracy, the large RIAA-affiliated labels are actually more resilient to piracy, while the indie labels often run on razor-thin budgets. We can talk about how piracy actually helps the artist because it gets their music out there, we might buy a shirt or go to a concert, etc. but the reality for the tiny 10-person labels (who put up the cash to fund the CDS and who rely on sales to stay in business) is that they must pay the rent and pay their employees each month -- no exceptions, no excuses. If income isn't meeting expenses, it's simply not enough that some 17-year-old in Minnesota loves the copy of your CD that he got via BitTorrent.
Desperation (Score:3, Informative)
Podcasting, Internet radio, and independent music are the new Davids fighting this Goliath and as each one becomes more and more popular in mainstream culture you can guarantee that the RIAA will look for ways to shut it all down (they're already trying with podcasts and streaming radio under the guise of royalties) or infilitrate these new forms of media with their commercial garbage. And yet again, they'll be unsuccessful just as they have been with cassette tapes and recordable CDs.
In the end, they'll be as irrelevant as an 8-track player.
Linux? (Score:4, Funny)
Imagine if Linux had to go through something like this...
Copying Music in General (Score:4, Funny)
Should I be worried?
Re:Copying Music in General (Score:3, Funny)
Well, having just posted a confession to potentially millions of witnesses, now you should be worried...
I've said it before and I'll say it again... (Score:4, Interesting)
If they don't want people illegially distributing their music, that's fine with me. That's what the law says, and changing the law is going to be tough. Is there response extreme given the crime? Of course, but you have to admit it's hard to deter people from downloading music - the odds of being caught and punished are still extremely low. We think they shouldn't be doing this, but remember from their point of view they want to stop this behavior. The only question then becomes what it will take to stop it. Secondary damage to sales (if any) doesn't seem to phase them much.
The only way we'll EVER win this is to cut the RIAA out of the picture. There are folks doing free music out there - let's get organized and promote the good ones! Just like open source software - don't pirate commercial software, do it right and create free alternatives. In the end, everyone's happier.
Admittedly, the creative/artistic community seems to function differently than the software folks - look at how many game engines there are, vs. high quality maps/data for said engines. I expect high quality free music might also be a bit unusual, but that's no reason not to try and start a new social trend.
We don't like Microsoft because of their software and business practices - all right, we're doing something about that. Not pirating Windows, but creating alternatives and using them. Let's do the same with music - if we're correct about the low quality of product being promoted by the large commercial groups (debatable - I personally don't think there are any useful univeral quality metrics that will decide what is enjoyable to all people, but I'll go with it here for the sake of argument) it shouldn't be impossible for folks with the time and hobby interest out there to put something together.
Let's establish a non-commercial Americal Idol type phenomena - people can compete for rating on the internet, and the most successful of those might be able to start playing live concerts, selling professional quality CDs with covers/etc. and other things that actually generate revenue. (I can't say I care for the way Americal Idol works, but we should pay attention to the techniques they are using to identify people that America wants to hear sing).
iRate radio has some good ideas, but I think they should utilize bittorrent technology and start building more of a community structure than just scraping free music websites. Lets do this right - don't fight the RIAA on their own turf. They can use the legal system to beat us over the head - they've got the $$ to do it. So let's not let them dictate the terms of engagement - let's take both the long term solution and the moral high ground. THAT's the way to fight, and the only real hope I see for success.
Re:I've said it before and I'll say it again... (Score:3, Insightful)
I suggest that for a popular musician, there is more than enough money in touring, etc to become very wealthy, and a semi-popular one could easily make a living. The only trouble is that doesn't leave anything for the record company e
Re:I've said it before and I'll say it again... (Score:3, Interesting)
Does this mean (Score:4, Funny)
Re:Does this mean (Score:4, Funny)
Is this good or bad? My head hurts.
The copyright industry is a menace (Score:3, Insightful)
First, they are a prime mover behind laws mandating a long audit trail (e.g., two years) recording who accesses which web sites. (Child porn is the other common motivation.) To date, this has been more of an issue in Europe than the US.
Second, there's a huge threat going forward as Layer 7 inspection by ISPs becomes commonplace [monashreport.com]. At that point, it will be at least theoretically possible to harass somebody for ANYTHING they download, upload, whatever, because intermediaries such as ISPs will have complete access to that information.
Just wondering... (Score:4, Interesting)
She can't recognize a computer?!?!? (Score:4, Insightful)
Ok, maybe she hasn't used a computer before.. Thats fine, but unless this person is uncontrollably stupid "dusted near the parts that she believes are a computer." How many people in a normal society would even be able to recongnize a computer! I think this person is playing extra stupid as part of her defense.
Re:She can't recognize a computer?!?!? (Score:3, Informative)
"Ok, maybe she hasn't used a computer before.. Thats fine, but unless this person is uncontrollably stupid "dusted near the parts that she believes are a computer." How many people in a normal society would even be able to recongnize a computer! I think t
Re:She can't recognize a computer?!?!? (Score:3, Insightful)
Tactics in court (Score:5, Insightful)
1. They pay, because the accusation says "Pay or it gets more expensive", even if they didn't do anything.
2. They go to court where the case is immediately dropped by the RIAA unless they REALLY hold some evidence.
Now mix in that the average judge knows jack about internet or the way it works (I only say "tubes". Ok, no judge but a politicians, but similar species and cranium). To make matters worse, many judges refuse to hire experts to get an informed input about it and instead rely on hearsay or what accuser and defender claim would be true. It's stunning that the judges don't even bother considering that either of them could be lying to win his case (again an example where in the presence of computers usually intelligent people turn into gullible morons).
This makes trials more gambling than anything resembling justice. Justice has the problem, like many parts of the legal branch, that the advent of the internet and computers in law and crime changed a lot of parameters. Most of all they changed that a lot of the things happening in and around computers cannot be grasped with "common sense" (not that it was all that common in court rooms... but I ramble).
In "normal" cases where everyday things are happening, judges can cast a sound and sensible verdict even if they don't know too much about the underlying matter. If a customer and a mechanic are going to court over breaks that should've been fixed and weren't, a judge can make a fair decision based on looking for parallels that he can understand.
Those parallels don't exist in a world that is very artificial and virtual, where property can be multiplied without any quality loss, immediately and inifinitly.
That's why judges are out of their league when dealing with the 'net, computers and IP. And that's why we get unjust and unsensible court orders. And that's why companies who can afford pepperspray sueing do it.
a fun if possibly illegal idea (Score:5, Funny)
2) Using those identities, set up bank accounts, rent a cheap apartment or office somewhere, get broadband, hook up a computer with P2P software and loaded with songs. Use the identities to set up websites where people can download songs. Infringe on those copyrights!!!!!!
3) Watch the ensuing hilarity as the RIAA sues it's own heads for infringement.
Stupidity is not terrorism (Score:4, Insightful)
Over a hundred years ago Marx wrote, "What party in the opposition has not been called communistic?" or words to that effect (quoting from memory--dunno where my copy of the Communist Manifesto has got to.) For most of the century that followed it was safe in some circles to paint anything you didn't like--union organization, civil rights protests, anti-war activity, to name but a few--as "communist."
Today, we see the same trend with "terrorist". I have seen and heard accusations of "terrorism" against patent trolls, aggressive commercial competitors, angry former spouses...you name it. Terrorism is the trendy term-of-the-day for anyone you don't much like.
I'm tempted to put in some fairly obvious but sure-to-be-modded-flamebait links to stories on current events that might accurately be described as a "reign of terror" against "defenseless people", just to contrast these with the legal manueverings of the RIAA. I'm sure readers can think up their own links, which will vary depending on political persausion, but in every case they will involve stories where innocent people are living in fear of being killed by bombs, rockets, swords and guns. THAT is a "reign of terror", and I'm damned sure that most of those people would change places with the folks being sued by the RIAA in a moment.
So please, could we stop the hysteria and quit calling everything we don't like "terrorism"?
'Reign of Terror' ... Oh Please (Score:3, Informative)
Why does the RIAA does the ivestigation? (Score:5, Interesting)
That should not matter. What they should do is file a complaints and then the COURT should do the investigation. The fact that they even know who the person is, is a bad thing. What is happening is:
RIAA to ISP: Give us all the details of IP XYZ:
ISP: OK, there you are:
RIAA to ISP: Sue this basterd, he must die.
COURT: Sure, whatever you say.
Here is how it SHOULD go:
RIAA: We want to report a copyright crime:
Court: Ok, please specify
RIAA: IP adress 127.192.168.172 at GMT 23:12 shared song "Some_music by Some_person_or_band" wich is in violation of
Court: Ok, we will see what is going on.
Court to ISP: Give us the data of the person who connected with IP on
ISP: There you are
COURT: Ok. Now let us proceed.
What happens in Belgium is that the court says: Fuck off if they don't ask money for it. We ain't got no time to do that. Come back when we have nothing to do or if you have people who are SELLING the stuff for profit.
Also if the local RIAA would come with the adress of the person, a serious investigation into the ISP will be done because of violation of the privacy laws AND the evidence (the name of the accused) will be dropped as evidence, making them loose the case almost immediatly.
America: Home of the give-your-privacy-away-for-free.
Re:Bad day (Score:3, Informative)
Oh come on man! You just...(strike up the chords)
had a bad day
You're taking one down
You sing a sad song just to turn it around
You say you don't know
You tell me don't lie
Yo
Re:Bad day (Score:3, Funny)
You have illegally distributed the lyrics to Daniel Powter's song entitled "Bad Day", to an estimated 50,000 Slashdot users. As you must be aware, Warner Brothers owns the exclusive publishing rights to a plethora of popular music, incl