RIAA Tactical Legal Victory vs SBC 182
lurker412 writes "The RIAA has won a tactical victory in its legal battle with SBC Communications/PacBell Internet Services. CNet News reports that a San Francisco judge has moved the case to a District of Columbia federal court. SBC had resisted turning over the identities of purported coyright infringers to the RIAA. While the San Francisco court ruled on procedural grounds only, the DC court is the same one that previously ruled against Verizon in a similar attempt to contest the DMCA."
typo (Score:4, Funny)
Any RIAA win (Score:3, Insightful)
Re:Any RIAA win (Score:1)
Re:Any RIAA win (Score:2)
Re:Any RIAA win (Score:2, Interesting)
Re:Any RIAA win (Score:4, Insightful)
Comment removed (Score:5, Insightful)
And finally... (Score:5, Insightful)
How about instead of reciting the same old drivel, you offer a plan of action that people might persue. It's fine to bitch about how nobody else is acting, but really unless you're offering a plan or incentive then it's not being productive.
Re:And finally... (Score:5, Funny)
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
- Claire Wolfe, 101 Things to Do 'Til the Revolution
Re:And finally... (Score:1, Interesting)
Re:And finally... (Score:5, Insightful)
Re:And finally... (Score:2)
Re:And finally... (Score:1)
Re:And finally... (Score:2, Funny)
Re:And finally... (Score:2, Insightful)
After all.. it would take eons to sue 320+ million people. That's a perfectly reasonable solution, in fact.
No go forth and make papa proud.
Re:And finally... (Score:3, Insightful)
How about you get followed by a caravan of cars everytime you goto the store to buy 1984 or 451?
You stop complaining about other people's drivel and YOU stand up for it. You want others to do the work for you yet you want to bitch that they aren't doing the same for you.
Re:And finally... (Score:2)
But that being said, bitching about the system on slashdot isn't going to help me... offering a solution is (the two above are some). If I come up with a better idea I'll pass it by for certain, but I'm not going to whine about what other people are/aren't doing unless I have something to offer that I'd expect them to take up the torch for.
p.s. How many sla
Re:And finally... (Score:2)
The Vapours: Anthology about a year ago. Before that it was the Bloodhound Gang: Hooray for Boobies.
Before that? Dunno. I think the Smiths were still together at the time.
Oh, the irony! (Score:2, Insightful)
Conversely, your retort is self-deprecating. When you're finished reciting your own cliche-ridden "drivel" and "bitching", would you care to offer a plan of your own?
Because otherwise, honestly, you're not being very productive.
Call for action without an action? (Score:2)
Conversely, I think you confuse call to action with "lament." Where is the action mentioned? What is suggested we do, other than possibly/obliquely "stnad up for ourselves." Can't have a call to action wit
Re:And finally... (Score:1)
Because the unwashed masses will vote for them anyway. How many people do you think is aware of this? And out of those, how many care? Welcome to the 5% of 5%.
On a different note, I don't think is difficult to rationaly defend the idea of the *qualified vote*. The problem would be to rationally define qualified. Until you can come up w/ an acceptable definition of qualified, we'll stick w/ democracy, thank you.
-Facun.Re:Why care? (Score:3, Interesting)
and I did not speak out
because I was not a rapist
Then they came for the pedophiles
and I did not speak out
because I was not a pedophile
Then they came for me
and there was no one left
to speak out for me.
Excuse me, but the file swappers that the RIAA are going after are not swapping their own songs. They are violating copyright law. Although present copyright law is not fair, it isn't an excuse to break the law.
The RIAA has one simple solution. Report the copyright infringemen
Re:Why care? (Score:2, Interesting)
How else do you propose we change the laws? The proper channels aren't working, because the proper channels are pretty much owned by the people we're fighting. So if we can't change the laws playing by their rules, we'll change them playing by our rules. Remember that line "By the people, for the people"? I think the people have spoken...
Re:Why care? (Score:2)
The RIAA has one simple solution. Report the copyright infringement to the US Attorney's office. I'm sure SBC would have no problem giving up the identity of their users if given a subpeona from federal prosecutors.
You see, that's part of the problem right there. Thanks (in part) to RIAA involvement, we now have wonderful laws such as the DMCA where parties like the RIAA don't HAVE to go and report anything to anybody - they can just have their own subpoenaes issued and people branded criminals without
Re:Why care? (Score:3, Insightful)
RIAA hasn't made mistakes in threatening people who they thoght were file swappers?
Re:Why care? (Score:2)
Say what ? It's an excellent excuse to break the law.
Re:Why care? (Score:1)
So who are "they" anyway? And why have "they" been allowed to masturbate in front of all these disparate computer user groups with such impunity?
Re:Why care? (Score:1, Flamebait)
Do you do more to contribute than just post things this sorta thing on Slashdot? Are you a member of some local organization, for example? Do you call your representatives? Have you donated to the EFF?
Just wondering.
I love to see... (Score:2, Insightful)
Re:I love to see... (Score:2, Insightful)
And why is that comment "Insightful"?
Re:I love to see... (Score:1)
I'm Glad (Score:5, Funny)
Re:I'm Glad (Score:5, Funny)
If you haven't surfed for free pr0n, you haven't surfed at all.
Re:I'm Glad (Score:1)
Re:I'm Glad (Score:5, Interesting)
Do you really think that Verizon or any other ISP gives a damn about their user's privacy? They'd rather just give the RIAA everything and be free of the legal hastle, but with thousands if not millions of subscribers on the line, they'll be willing to fight it out to the last.
Re:I'm Glad (Score:1)
RIAA is just a corrupt oligarchy (Score:5, Interesting)
The simple fact is that the RIAA is a pretty dang poor mechanism for mediating between the public and artists(i.e. the transaction costs are just too high-and this will become more obvious in time). These various court battles having nothing to do with creative effort and everything to do with maintaining power and control.
Re:RIAA is just a corrupt oligarchy (Score:3, Insightful)
Re:RIAA is just a corrupt oligarchy (Score:2, Informative)
Imagine that you are a programmer for Unisys. You create a large amount of code that your employer sells. Let's say this code is stolen, and your employer sues the theif. You wouldn't have any claim to damages in this situation.
Artists are contractors who sell their music to companies who have the resources to market and produce it. They aren't any less or more special than others who do the same thing.
Re:RIAA is just a corrupt oligarchy (Score:3, Interesting)
Re:RIAA is just a corrupt oligarchy (Score:2)
-- Ravensfire
Re:RIAA is just a corrupt oligarchy (Score:2)
I tend to think that having congress award grants is a pretty bad mechanism for rewarding artists and inventors-as is completely leaving things up to major corporations. I think it might be interesting
Re:RIAA is just a corrupt oligarchy (Score:3, Informative)
In the case of music, the songs are licensed by the artist to the record label who sells them to the public. The artist retains the copyright
Re:RIAA is just a corrupt oligarchy (Score:2)
My cd's that I checked plainly say copyright 19XX bandname. Published by XXX Recording corporation.
Re:The majors are more evil than you think (Score:2)
Had the RIAA succeeded and congress had passed the work-for-hire amendment then the rights would remain with the record label after the contract expired.
Remember also
Re:RIAA is just a corrupt oligarchy (Score:2)
With almost all music (except that done specifically as work for hire like certain advertisements) the writers retain the copyright.
Re:RIAA is just a corrupt oligarchy-more than $$$ (Score:3, Interesting)
(one of the other participants here, baldrson has done something similar with analysis of films
How that's going to play out (Score:5, Funny)
Public: Congress, we demand fundamental reforms of copyright laws and (other) intellectual property mechanisms!
Congress: Sure, just a moment. Mr. Big Donors, how about it?
RIAA: No way (slap!)
Congress: Sorry, public. Bad idea.
Re:RIAA is just a corrupt oligarchy (Score:3, Insightful)
As long as it goes ! This is not just the policy of RIAA, but the entire corporate america. They dont aim anything for the long term. What they aim is some quick(dirty) money by any means. Enron guys knew well that they wouldn't be able to continue it forever. But the policy was pull as much money as they can until everything collapse. RIAA is also doing the s
Re:RIAA is just a corrupt oligarchy (Score:5, Insightful)
Considering the majority of the public is uneducated about law and worry more about Ben Affleck's love life, probably a very very very long time... if ever. After all... it's the people who let shit like the Patriot Act happen.
Man, what a great idea.. let's allow the FBI to search our houses without even KNOWING!! Woo!!
Re:RIAA is just a corrupt oligarchy (Score:3, Insightful)
I believe you're right about trying to maintain control, but it does really seem like the RIAA is trying only to gain speed toward a supreme court case. They don't really care about one ISP not willing to cave-in to the pressure...they're trying to set precedents with these smaller court "wins" to give legitamacy to their stance on the whole issue, which (of course) they'll use to
Re:RIAA is just a corrupt oligarchy (Score:2, Interesting)
Re:RIAA is just a corrupt oligarchy (Score:5, Insightful)
Bottom line...
Those that pay get thier way.
Re:RIAA is just a corrupt oligarchy (Score:2)
Re:RIAA is just a corrupt oligarchy (Score:1)
whats different (Score:3, Interesting)
Re:whats different (Score:1)
Re:whats different (Score:5, Insightful)
And it's not really a loss (Score:2)
Re:whats different (Score:2)
I doubt SBC really cares if it wins or loses. It's not like money beyond legal fees is at stake. If they lose, they turn over customer data. It's just important to them that they turn over that data by court order so they're covered from any possible liability that could result from cooperating with the RIAA.
The last 'A' stands for America not World... (Score:1, Insightful)
Re:The last 'A' stands for America not World... (Score:5, Funny)
That is good. Because if the 'A' stood for 'World,' a lot of people would probably be confused.
Slightly offtopic question (Score:3, Interesting)
Re:Slightly offtopic question (Score:1)
Re:Slightly offtopic question (Score:5, Interesting)
Anyone can sue anyone else on behalf of any third party - take a class action, for example. Someone sue's an alleged negligent automobile manufacturer on behalf of everyone who owns one, and it is up to the individual owners to "opt out" of the lawsuit to avoid losing their rights to obtain their own suit.
THEORETICALLY SPEAKING, The RIAA can sue all downloaders in a class action on behalf of all artists, and then those artists, even though they are not members of the RIAA, would have to "opt out" of the lawsuit. The RIAA could potentially grab damage rights away from thousands of non-affiliated artists, without their knowledge or consent, and steal all of _that_ money, too.
All they are required to do is put an ad in a paper of reasonable market coverage in the area in which the principal plaintiff has their principal place of business, which means one ad in the LA paper that 99.99% of artists would not see. After the opt-out deadline, the RIAA would then own the damage rights that previously belonged to all of those artists. Again, THEORETICALLY SPEAKING.
In any case, do you think that artists are seeing a damn dime of all this settlement money? It's all going to the lawyers and RIAA executives.
Re:Slightly offtopic question (Score:1)
Oh, that's right, in America, we have a legal system, not a Justice system.
Re:Slightly offtopic question (Score:2, Informative)
You have to have standing WRT the case. You can sue anyone, but the first hurdle is finding the right jurisdiction, then comes your standing in the matter, and then establishing that you have been wronged somehow.
If you sue GM saying their steering wheels are too slick and could be dangerous if you leave your sunroof open in the rain, the questions the Court will ask are
Re:Slightly offtopic question (Score:2)
"Your Honor, it is not reasonable to assume that people who download music are downloading only music created by RIAA artists..." --Check
>> and that other people have been harmed in the same way
"Therefore, under the previous argument, it _is_ reasonable to conjecture that other artists, even those not affiliated with the RIAA, are suffering financial harm at the hands of the downloaders...." --Check
>> Why are you asking me a
Re:Slightly offtopic question (Score:2)
Re:Slightly offtopic question (Score:1)
You mentioned that it is a theoretical situation, but the rope that ties the hands of the RIAA/MPAA in this situation is that it would expose what is at the heart of the actions of the digital gestapo. If the RIAA were to take a sweeping action on behalf of the artists, even unaffiliated ones, the Congress of the United States simply wouldn't be able to turn a b
Re:Slightly offtopic question (Score:3, Informative)
It's true that the RIAA can claim to be acting as a representative of a party, but if it is not actually acting as that party's representative and this fact is brought to the court's attention, the suit will be dismissed.
Re:Slightly offtopic question (Score:2)
Furthermore, the class must be at least partially homogenous, and similarly situated. The "class"
Re:Slightly offtopic question (Score:2)
Senator Fritz Hollings will probably introduce it as a new bill sometime next week.
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Passing the buck (Score:5, Interesting)
Re:Passing the buck (Score:1)
Re:Passing the buck (Score:4, Informative)
Informed decision? Try that yourself ;)
Re:Passing the buck (Score:2)
'the DC court is the same one that previously ruled against Verizon in a similar attempt to contest the DMCA." '
Oh yeah, gee thats a real smart idea. Pass a case like this up to the same court where a similar case was tried and failed. Thats getting out of the frying pan and into the fire.
Re:Passing the buck (Score:2)
Re:Passing the buck (Score:1, Insightful)
if it is state courts, then the judges are elected and therefore need $$ from big business to get reelected.
If it is a federal court, then the judges were put in there by an elected officals linked at the hip to big bussiness.
What we need is campaign reform. Take big bussiness out of the equation. With the web and mircopayments it could be done. Just look at AZ.
Wrong buck (Score:2)
The task of the court is to evaluate the evidence presented before it and make a decision according to law, not according to knee-jerk reaction and prejudice.
It didn't. The Washington District Court is at the same level as the San Francisco District Court. And yes, both of them are federal courts. According to this article [dietk.com]
MediaSentry (Score:4, Funny)
I am so busted! I downloaded Buttmans "BIG BUTT BABES" last night.
"Honey, it was hackers."
kind of like O.J. (Score:4, Insightful)
Re:kind of like O.J. (Score:3, Insightful)
Court reputations (Score:4, Insightful)
One of the strengths of the division between the courts and the law-makers is that the courts interpret the law, but if joe random nasty-person can try to establish precedent in a "favourable" court, then it reduces the value of the 'interpret the law' job description. Sad.
Simon.
Getting the problem at the root (Score:5, Insightful)
Copyrights (or more accurately, the alleged right to restrict what other people duplicate) are really the root of the problem, when we deal with this one - then all the other ones will go away by themselves.
Re:Getting the problem at the root (Score:3, Insightful)
Here, picture this. You just spent the last three years of your life writing your magnum opus. It ends up being universally acclaimed as the greatest novel to hit the world in the last fifty years. You find a publisher who agrees to distribute it for you (a
Re:Getting the problem at the root (Score:2)
What if I said, well corporations shouldn't own slaves, but individuals can. and
Re:Getting the problem at the root (Score:2)
Re:Getting the problem at the root (Score:2)
When it comes to copyright, people do use a similar logic all the time -- let me copy something that I had no part in creating, without compensating those who created it, thus depriving them of the right to a decent living. Pe
Re:Getting the problem at the root (Score:2)
Another typical behavior of Marxists is to tout phony rights like the famous saying "from each according to their own, to each according to their needs". Smart people know that just because an institution calls somthing a right doesn't mean that it is. This is especially true w
why haven't they? (Score:1)
One torrent a day keeps a lawyer away. (Score:2, Interesting)
Another Battle Lost (Score:5, Insightful)
IMHO there is nothing we can do that will provide them the security and control that they want, while at the same time, protecting our rights as consumers. They simply will NOT let go! It really is that plain and simple. They've built an industry out of milking every last dime out of an intangible product. They don't offer a service... they offer an *experience*.
That's what sells... and sells very very well. There is no happy medium in this fight. They either get the control they want and we lose the control we want... or we get what we see now, half-assed versions of the products (if they can be called that) that we were used to, i.e. DRM'd CDs, bans on academy award screeners, etc. They'll do ANYTHING and everything to keep their fingers in the pie.
The only thing that would wake them up is a total nose-dive in sales. Not just a lull or low... an over-the-cliff, down the rocks, plummet of sales, either for music or movies. How will that ever happen? It won't... it won't happen because they're spoonfeeding us their restrictions. They know that whatever they come out with, we'll hack. Whatever move they make, we'll make another. But each step forward that they make, however small, in general public acceptance of their new products
whether it's a slightly DRM'd CD whose protection is defeated with a green sharpie pen or a watermarked movie, any little bit of that that slips into the mainstream and doesn't cause WalMartians to flip out over, is a victory for them.
Educating the general public about these things is the only way to go. Educating them to the dangers and restrictions that are being forced down their throats. But guess what? The public doesn't care. They don't give a rat's ass about DRM or watermarking or encryption or any such nonsense. They only care about the experience. Being able to escape the real-world for 5 minutes of music or 2 hours of movie is all that they want. So long as the **AA's are in tact organizationally... they'll have product to sell and that my friends.....
is the "rest of the story" so to speak.
To get on-topic, this court ruling (however final) is to be expected at this point. Perhaps it's always been this way and we never knew it because it never affected us... but whatever the reason, big-business in the country rules the land with an iron fist. I'm not saying that the justice system is totally corrupt, I'm saying the entire country is totally corrupt. Look around you right now in your offices and homes. What's NOT for sale?
Damned near everything we see and a good portion of what we can't, is for sale in some form or another. An organization like the RIAA getting SBC's previous ruling overturned is about as surprising as the ending of Titanic. Did you all think that the RIAA was going to bend over and take it like a man? That they'd let a media conglomerate of sorts like SBC tell them whose information is available and whose isn't? Hell no, they want names, they want numbers, they're not going to sit by and let some mid-level corporation tell them what can and can't be done.
The 9th District -- and This is a BIG Loss (Score:4, Insightful)
This is a big win for the RIAA because there is precedent in the DC Court of Appeals, while none yet exists in the 9th Circuit.
The judge that transferred the case is a weenie. (I'm pretty safe in saying that. She obviously is not a /. reader.)
My anti RIAA plan (Score:4, Interesting)
Re:My anti RIAA plan (Score:2)
Coyrights (Score:3, Funny)
the identities of purported coyright infringers...
I don't believe in coyrights. I mean, if you have rights, you should be upfront about them. No need to be coy.
It's time to take this to the streets (Score:2)
We need people chaining themselves to chairs, stairrails and doors in their offices. Sit ins. Picket major events run by major labels or studios. We
We Live in a Virtual World (Score:2)
Only in the 21st century... (Score:3, Insightful)
Prepare to become even more of a faceless number than you already are.