IFPI Threatens UK Academic For Linking To Article

NewYorkCountryLawyer writes "Apparently the RIAA is getting sensitive about counterclaims. When a British blog author linked to a recent article about a defendant's counterclaims for extortion and conspiracy by the RIAA in a Florida case, UMG v. Del Cid, a record company executive who sits on the board of the RIAA's UK counterpart, the IFPI, threatened the author if he did not take his link down."

Their strategy

Their strategy is not to win those cases in front of court. They just want to scare you by suing innocent people. They want you to think "if that innocent guy got sued, maybe I am next". It's a bit like terrorism.

It's called a "Chilling Effect"

see here [wikipedia.org]

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so, If I get the RIAA to do this to my refrigerator, it will keep it chilled enough to mean I can turn off the power and save the environment? Sounds good.

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Content industry fighting global warming, film at 11.

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"Maybe" /. is next. We had after all linked to the (not-so) recent article. (and linked to the blog, and to the notice and to an older /. article)

Let's see if they would make a threat...

Re:Their strategy

"Maybe" /. is next.

They won't care about /. for one very important reason ... few people on /. RTFA. ;-)

Re:Their strategy

They just want to scare you by suing innocent people. They want you to think "if that innocent guy got sued, maybe I am next". It's a bit like terrorism.

I'd buy that if they sued grown & guilty people (even if the guilt is about mere sharing).

But they're frequently found suing kids, or people who never sat on a computer and don't know what an mp3 is.

If you look at the chain up in RIAA and the organisations like it, you'll see the people carrying out those actions don't always directly have some well thought and sound long term strategy in mind.

They just want to report that they're doing what "is necessary" to their superiors, and save their jobs for another day. It's like a drowning man who just wants another gulp of air *right now*, never mind looking for ships passing by or reaching the shore or whatever.. That's not as emergent as saving the next minute or so.

As a counterclaim of the popular "they want to scare you by making examples" theory, I want to ask you: do you know people die every single day in car accidents? Do you drive a car? "It'll never happen to me", right?

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I'd buy that if they sued grown & guilty people (even if the guilt is about mere sharing).

But they're frequently found suing kids, or people who never sat on a computer and don't know what an mp3 is.

That's the whole point it's the "you don't want to me

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That's the whole point it's the "you don't want to mess with that guy; he's insane" effect. If someone doesn't seem to care if they get hurt or if they hurt random bystanders or whether any offence is real or imagined, then most people will avoid doing any

kids have buying power too

They just want to scare you by suing innocent people. They want you to think "if that innocent guy got sued, maybe I am next". It's a bit like terrorism.

I'd buy that if they sued grown & guilty people (even if the guilt is about mere sharing).

But they

Re:Their strategy

do you know people die every single day in car accidents? Do you drive a car?

I do - but now I always wear a seat belt. Same way that when downloading, I make sure I use proxies and encryption ;-)

Re:Their strategy

It's a bit like terrorism.

No, it is not anything near terrorism. Extortion, racketeering, blackmailing, maybe. But terrorism is a completely different thing. It is because this kind of mislabeling, claiming anything that aims to scare people to be "terrorism", that is so easy for governments all over the world to take away everyone's rights with the excuse of combating it. RIAA blackmailing people is not like terrorism. People discussing ways to blow things up is not terrorism. Disguised people shooting at soldiers in the battlefield is not terrorism.

I'm as much against RIAA tactics as everyone else. Also, I'm against terrorism and every kind of organized violence. But let's call a spade a spade, all right? Everytime someone misuse the word "terrorism", god kills a kitten and the terrorists win.

Re:Their strategy

Everytime someone misuse the word "terrorism", god kills a kitten and the terrorists win.

Damn, god's a terrorist.

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That explains the missing WMD.

Re:Their strategy

Damn, god's a terrorist.

Hmm... let's see... giving out vague threats that bad things happen to you if you don't comply with his requests, conducts a worldwide network of followers who would religiously do whatever he requests or allegedly requests, kills people (or makes his followers thinks he wants them to kill people) who he deems enemies, promises eternal bliss to those that die in his name and for his cause...

Yup, I'd say you're right.

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For all we know, god couldn't give a damn about worship. I wouldn't be surprised at all upon arriving in heaven to learn that god never wanted or intended that we worship him, or anything else for that matter -- that he simply wanted us to respect each oth

Re:Their strategy

They didn't say it was "terrorism" just that it is like it. It is you who seems unclear about the definition as you say "People discussing ways to blow things up is not terrorism" but then refer to terrorism as meaning "organised violence".

Clue: At least in its original sense, terrorism doesn't refer to violent behaviour or killing people (that's murder) but threatening to use violence or suggesting that others will cause violence against someone unless that someone does what you want (e.g.: relinquishes their liberty). So, the Bin Laden video tapes are terrorism (incidentally, whether or not they were really by Bin Laden or Al-Qaeda) and the "war on terror" statements of George W. Bush are mostly terrorism, but someone who kills people without issuing a statement before hand is not a terrorist. In fact, for terrorism to be effective, actual killing is best kept to a minimum (although an occasional bit probably helps).

It can also refer to other things as well as violence (so I'd say that the post you criticize wasn't far off the mark). Basically terrorism roughly means an argumentum ad baculum [wikipedia.org] argumentum in terrorem [wikipedia.org] (more commonly known on /. as FUD).

Re:Their strategy

They didn't say it was "terrorism" just that it is like it. It is you who seems unclear about the definition as you say "People discussing ways to blow things up is not terrorism" but then refer to terrorism as meaning "organised violence".

I'm not unclear about the definition, and I didn't referred to terrorism as "organized violence". I said "I'm against terrorism and every kind of organized violence" as a disclaimer to dispel any interpretation that I could be endorsing or condoning violence when I mention that "disguised people shooting at soldiers in the battlefield is not terrorism". Notice that anywhere in my post I attempted to define terrorism or attribute a meaning to it. I only mentioned what terrorism is not.

That being, most of your post is nothing but a weakly constructed straw man [wikipedia.org].

I stand by what I said. There is not "original meaning" for terrorism that includes use of minor threats (like lawsuits, ground up misbehaving kids, whatever) to intimidate a person (our group of people) in order to achieve an objective. Check the etymology [etymonline.com] of the world, to understand that terrorism must both be systematic and, as the root of the word implies, terrifying.

Re:Their strategy

Since when was being sued by a multi million pound corporation for a huge sum of money that would potentially bankrupt yourself as a private individual for something you did not do *not* terrifying?

Given that the RIAA are doing this systematically and a large number of people would classify it as terrifying then by your definition it is terrorism.

The problem is that you are equating being terrified with physical violence.

Re:Their strategy

Of course, the United Kingdom's definition is also quite useful in arguments, since subsection (1)(b) states

We've had a lot more terrorism to deal with than the US. We've had decades more experience...

Do as they do...

...and use emotionally charged words. "Piracy" does sound so much better than "copyright infringement" even though it has nothing to do with rape, pillage and plunder on the high seas; so why not call their tactics "terrorism"? All right, it would mean lowering ourselves to their level - but as long as they are allowed to do this with impunity, why shouldn't we?

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What if they retaliate by calling you a NAZI?

You can easily turn around and call them a copyright DENIER.

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Their strategy is not to win those cases in front of court.

People who actually have a good case have no reason to make a lot of fuss. Those who make a lot of noise probably have weak cases, which they probably weaken by the fuss they make about them. e.g

Obligatory ...

.... and half seriously ...

IFPI, the more legal squeeze you put on the people with your ridiculous propaganda and bribed-for legislation, the more will slip through your loopholes ...

until the day when everyone realises that "intellectual property" thing is itself an excuse that allows you to profit where you should not.

protection money

protection rackets operated in the exact same way. heavy guy comes in and gives you notice that unless you payup he'll make you suffer. and don't go to the cops ( or in this case, fight back in court ) he'll make it worse for you and everyone else.

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Threatening a law suit isn't a protection racket (although I see the analogy). The reason the RIAA and IFPI qualify as protection rackets is their threats against artists and recording labels (as well as their customers) that don't employ them (or don't f

So...

When do the RICO investigations begin?

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When do the RICO investigations begin?
Rico can't help, he's busy leading the Roughnecks, don't you know anything?

Really?

I'm all for hating the RIAA, but this article is terrible. Looks like slashdot is getting gamed.

In only a few months the Net has gone from being a place of freedom were anybody, anywhere regardless of race or creed, colour, sexual persuasion, physical ability or disability, or anything else, had a home.

1. Gone from to ?
2. were? or where?
3. Sexual persuasion? WTF does that have to do with this topic?

are subject to hate mail as a consequence of hubcap

hubcaps are causing hate mail?

How does an article this incomprehensible make the front page?

Re:Really?

Indeed. That final link is appalling. The first link is the one you want, it has the full set of e-mails and makes for an interesting read. http://newmusicstrategies.com/2007/06/14/an-ifpi-b pi-board-member-writes/ [newmusicstrategies.com]

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URL failing. Account has been suspended by its host. Let's hope that's just as a result of high traffic and not some form of takedown threat.

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No, I think he meant that you get hate mail in your hubcaps.

Hmmm?

Does the size of the hubcaps determine how much hate mail you can get?

*goes outside and removes hubcaps...uses one to supplement tinfoil hat*

The E-mail Exchange

It looks like his servers are taking a hit, so here's a copy of the e-mail exchange [p2pnet.net] between Andrew Dubber (the academic) and Paul Birch (the music executive). (Stupid lameness filter... I would have posted the text instead.)

Interestingly, Birch posted a co

I may be wrong ...

the RIAA's UK counterpart, the IFPI

But isn't the IFPI the International Federation of Phonographic Industries?

I think the UK equivalent of the RIAA is the The MCPS-PRS Alliance [mcps-prs-alliance.co.uk]?

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I'm pretty sure that we in britain have the BPI [wikipedia.org] as our version of the RIAA, actually...may be wrong though

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You're right, but the guy who threatened to talk to his employer is a director of both IFPI and the BPI, which is I think were /. messed up.

Re:I may be wrong ...

for some reason, i *always* misread "British Phonographic Industry" as "British Pornographic Industry"...

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Thank you siblings for the BPI pointer. I forgot about them.

Meh, I was half right ;)

I don't get it...

1. Complain about a blog that makes you look bad and make it known to more readers than it would ever have had.
2. ???
3. Profit.

Now, I don't really claim I understand every move of the mafiaa. More often than not, I do not. But I somehow don't get just how this is in any way beneficial for them. If anything, this information will get spread now. Did you know about that blog before it hit /.? I didn't.

Now it's on /., probably on digg and probably on even more pages. Listed, and most likely soon copied and spread too. If anything, the takedown notice served as free publicity for the blogger, and even if he should take it down, that story will circulate for months to come.

It's just like every time. Trying to hush something up is the surefire way to spread it on the 'net. Because nothing is interesting before it's supposedly "forbidden" to know it. Because then, you have to learn it NOW before it vanishes.

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Now, I don't really claim I understand every move of the mafiaa. More often than not, I do not. But I somehow don't get just how this is in any way beneficial for them.

A climate of unreasoning fear is beneficial for them. Fear encourages people to settle rather than countersue.

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In other words, if your reputation is already down the loo, why bother trying to pretend you're the good guy.

The concept of "goverment funding"

Is anyone else flabbergasted by the BPI chief's statement [newmusicstrategies.com] that "allowing indiscriminate criticism of the RIAA is inappropriate for a Government funded institution"?

Surely in terms of editorial integrity at least, it should be case that it would be wholly appropriate - if not actually desirable - to criticise a private company if you are being funded by the government?

Paul Birch of Revolver Records is probably not alone in seeing the government as being simply a tool of corporate influence. This just shows how bad things have got - that people like him now need to make no secret of the fact that they expect governments to work exclusively for commercial interests. I mean, we know that the military industrial complex is now one and the same as democratically elected government in the West, but to flaunt is like this is just staggering I think.

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Is anyone else flabbergasted by the BPI chief's statement that "allowing indiscriminate criticism of the RIAA is inappropriate for a Government funded institution"? Surely in terms of editorial integrity at least, it should be case that it would be wholly appropriate - if not actually desirable - to criticise a private company if you are being funded by the government? Paul Birch of Revolver Records is probably not alone in seeing the government as being simply a tool of corporate influence. This just shows how bad things have got - that people like him now need to make no secret of the fact that they expect governments to work exclusively for commercial interests. I mean, we know that the military industrial complex is now one and the same as democratically elected government in the West, but to flaunt is like this is just staggering I think.

Yes I was totally shocked by it. And offended. And outraged. These are some evil people.

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I'm not sure what 'indiscriminate criticism' is. It sounds like libel or slander -- if there's a valid reason to criticize an entity, then such criticism is not indiscriminate. Or perhaps it's simply criticizing an entity without doing any fact checking.

In

When will they learn?

When will these organizations learn that by trying to suppress this stuff that they only generate more publicity for it?

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actually threats like this are very effective because most managment get frightened by this kind of thing through a lack of understanding and are likely to just cut you loose rather then think it through.

the next phase in the war on copyright will be cold

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actually threats like this are very effective because most managment get frightened by this kind of thing through a lack of understanding and are likely to just cut you loose rather then think it through.

But you can't just sack someone for expressing an

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But even in the US, a universtiy is certainly going to protect its employees right to freedom of expression.

Possibly, but I can see why the RIAA/IFPI/et al think that threatening his uni might work and that anyone working for a uni doesn't have a right to speake against corporations (particularly protection rackets).

I seem to recall that universities in the

Re:Hardly a threat.

I can see why the RIAA/IFPI/et al think that threatening his uni might work and that anyone working for a uni doesn't have a right to speake against corporations (particularly protection rackets). I seem to recall that universities in the US have run away scared and offered money when threatened by the RIAA and not protected their students and staff (or even helped the RIAA sue them) even the innocent ones. Also, academic research is increasingly run for the benefit of corporations in the style of a protection racket with academia rolling over to any corporate demands. Didn't universities co-operate on stopping mathematicians discussing illegal primes too?

Even closer to home are the RIAA's unlawful, ex parte, "John Doe" proceedings which have been brought to get the names of the universities' students. I have yet to see a university even attempt to fight one in court. Instead, to date, they have been quiescently (a) waiving their students' due process rights, and (b) turning over their students' confidential information.

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I suspect the real question is why the bar itself hasn't taken action against these lawyers. Surely it seems that if the same lawyers are continuously bringing meritless lawsuits on behalf of the RIAA and dismissing them when it becomes clear the defendan