RIAA Sues More Music Lovers 626
DominoTree writes "The RIAA, a trade group representing the U.S. music industry has filed a new round of lawsuits against 744 people it alleges used online file-sharing networks to illegally trade in copyrighted songs, it said on Wednesday."
A chilling effect on sales? (Score:5, Insightful)
The Recording Industry Association of America (news - web sites) said the various suits, filed in courts across the country, cover "John Doe" defendants whose true identities are unknown to the group.
From the previous group of John Doe suits more folks have been identified:
Separately, suits covering 152 people who were previously sued anonymously but later identified and offered the chance to settle, were refiled with their true identities after they ignored or declined those offers, an RIAA (news - web sites) spokesman said.
I still maintain that suing your customers, whether your are the RIAA or SCO, can have a chilling effect on sales.
Cheers,
Erick
Re:A chilling effect on sales? (Score:4, Interesting)
>who download a song or even an album
I think that the cases here are for people sharing music, not the ones downloading, that is relatively easier to find than people downloading.
As regarding customers allready comiting copyright infringement, I do download music and it is not uncommon that I own such music allready, I just find it more convenient at time than to convert the music myself.
But you will always share what you download... (Score:4, Insightful)
Just one prblem - while you download a song, you are also sharing it.Even if you download it and immediately remove it from your shared folder/directory, you're still sharng the thing while downloading, even if only from the temp directory where the file is being stored for assembly.
Some P2P systems, such as BitTorrent, in fact rely on this very thing to exist at all.
Re:A chilling effect on sales? (Score:3, Insightful)
I may be mistaken, but I am under the impression that simply downloading is not illegal per se. Copyright covers distribution, and downloaders are not distributing the songs, people who share are the distributors here. Of course, with most modern P2P programs practically mandating uploading along with downloading, this distinction gets pretty blurry.
Also, I think t
Re:A chilling effect on sales? (Score:5, Informative)
Yes. 17 USC 106 sets forth the exclusive right to reproduce like so:
17 USC 101 provides us with numerous definitions:
Furthermore MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993), and the cases that are based on it, such as Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F. Supp. 2d 1290 (D. Utah 1999), hold very plainly that due to the fact that most computers necessarily infringe even when displaying information because their architecture is such that the copyrighted work is unauthorizedly and illegally reproduced in RAM, which constitutes a new copy of the work, being a tangible object in which a work may be perceived.
Reproducing bits WITHIN the NIC, as well as to the hard drive, RAM, cache, procesor, etc. are all reproductions capable of infringment. It's a bizarre result, but that's what the law is right now. Please read through those cases and you'll see this.
And, incidentally, provided your DVD player has no memory onboard -- which it almost certainly does, being more complicated than an ancient record player -- while it is not illegal to buy such a DVD, it is illegal to make incidental reproductions in the act of watching it.
Re:A chilling effect on sales? (Score:3, Interesting)
I'll take your word for it; I don't really understand legalese. Anyway, doesn't this mean that, even if you buy legitimate material (like from iTMS or wherever), every router that it passes through infringes?
How does this all work with fair use? It seems very
Re:A chilling effect on sales? (Score:3, Interesting)
No.
Firstly, you're authorized to download it, and that implicitly would involve it going over the Internet to get to you, so it's sheltered by that authorization.
Secondly, the safe harbor at 17 USC 512 covers a lot of situations like this and can be used to protect those people in the middle, even where there was no authorization. Of course, in such a scenario,
Re:A chilling effect on sales? (Score:5, Insightful)
You see where this is going.
Also, wouldn't suing your customers piss them off, making them switch to alternate providers, further lowering sales, prompting you to sue more people in a desperate attempt to preserve your business model, causing them to stop purchasing from you (resume loop)?
I'd love to be in the room when the "brains" behind the RIAA finally say "screw it - we lost."
Re:A chilling effect on sales? (Score:3, Insightful)
Somehow, I don't think that will be any time soon...
Re:A chilling effect on sales? (Score:3, Insightful)
Re:A chilling effect on sales? (Score:3, Insightful)
That's one of the issues here that you won't find in other situations - there's no legal way to acquire this music without the RIAA getting a cut. The RIAA knows this and the organization plays that card with a bit of hostility.
Re:A chilling effect on sales? (Score:5, Interesting)
independent artist/label will become a selling point to a greater
demographic than it is now (will it then become uncool to those
currently interested?).
Re:A chilling effect on sales? (Score:4, Insightful)
It looks like however that the RIAA will need to be taken, kicking and screaming into the new age of music. An age where hopefully more quality music will be produced and less populist blond breast augmented voice modified bimbo' won't be ruling the charts. Oh and a place where they might not be particularly relevant anymore.
I've been finding it harder to do the try before you buy thing as many stores I go to don't let you try before you buy for some bizarre reason. I find it bizarre because I would of thought that music stores would want to encourage people to buy music not make it harder for customers to pick something they would like. And the stores that do usually charge some quite unreasonable prices on their CD's for the priviledge, or simply don't have a good range of music to listen to.
But of course, its all the customers fault that they are demanding more than they are getting, and when they don't get it they then take it. Thats a rather naive however, there are people that will always steal music, software etc because they see it as better than paying. I don't but hey thats just me. Those people, I have no problem with them having to defend their actions in court. However this situation we are in is infact many shades of grey and not just black and white with such simple examples as those I have described. The RIAA members steal from artists too, that is documented in places that I can't be bothered finding.
Bah I can't be bothered wondering if what I've just written makes any sense. I'm going to bed! :)
Re:A chilling effect on sales? (Score:4, Insightful)
Of course. Numerous studies have shown that file sharing probably overall does more good for the RIAA than harm, and so they should embrace it, at least somewhat.
However, one point that is often overlooked here is that this is their decision to make, not ours.
Re:A chilling effect on sales? (Score:3, Interesting)
Re:A chilling effect on sales? (Score:4, Insightful)
Re:A chilling effect on sales? (Score:3, Interesting)
The members of the RIAA were granted corporate charters to promote the public welfare. Suing everyone can be argued to violate thier corporate charter. It could be grounds for thier dissolution.
Re:A chilling effect on sales? (Score:5, Insightful)
For starters the Internet is a global medium. I really don't see how picking on a handful of John Does in the United States will limit the availability of audio on P2P networks as a whole. Even if the RIAA managed to shutdown every computer sharing audio files in the United States people would still be downloading (from the rest of the world) and not buying.
The fact is it doesn't matter where the people sharing are
I think the more successful campaign revolved around flooding the networks with low quality audio files. This way they could market CD's as a big step up. In fact even today low quality audio files are a major drawback of using P2P for regular folk.
Furthermore I wonder why the RIAA hasn't gone after
The RIAA seems to be 2 steps behind what is going on in the real world.
Re:A chilling effect on sales? (Score:4, Insightful)
Remember, the RIAA is targeting distributors. The fact that some just happen to be users is coincidental.
Re:A chilling effect on sales? (Score:4, Interesting)
Usenet wasn't intended for file sharing and the RIAA can't make a case to that effect. A lot of Usenet admins also claim common carrier status. I don't know whether this has ever been upheld in court, and it's by no means the case that every Usenet personality agrees this is a good idea (c.f. Karl Denninger, who as I recall was the one who came up with "megabytes and megabytes of copyright violations" as the description for alt.binaries.pictures.erotica).
I expect if the RIAA does anything it will be to go after individual Usenet posters, not Usenet itself. On the other hand, people still post clearly illegal material on Usenet and seem to get away with it. Complicating matters for the RIAA and company, US citizens can use a Usenet server outside of the country, and that server's admins can tell the RIAA to go fuck itself.
torrents
They're certainly aware of it. We just got a DMCA notice for one of our users who was sharing movies using BitTorrent (I don't know the tracker). This has been going on for several months at least.
or some of the other networks where people have been "sharing" high quality MP3's
You mean like Direct Connect? Edonkey? Gnutella2? AFAIK every popular P2P protocol has users who've been hit with DMCAs, and many have been subject to more aggressive action.
To my knowledge outside of Freenet (and others which offer similar protections) there are no P2P networks immune to DMCA and lawsuits.
Comment removed (Score:4, Insightful)
Re:A chilling effect on sales? (Score:3, Insightful)
Re:A chilling effect on sales? (Score:3, Interesting)
You might be right. It's an empirical question.
I just point out one thing. There's a finite regress here. Somebody is providing the tracks ripped from CDs. And I suggest that anyone who's providing MP3s from one CD is probably providing MP3s from most of their CDs.
And those people are the customers that are getting sued.
Re:A chilling effect on sales? (Score:5, Insightful)
They are the ones who have destroyed the copyright laws, not us. We are only protecting the public domain for future generations. It is right and proper that we do so.
Re:A chilling effect on sales? (Score:3, Insightful)
Re:A chilling effect on sales? (Score:3, Insightful)
A person who is making hundreds of your songs available for download by anyone in the world is not your customer. He is your competitor.
Re:A chilling effect on sales? (Score:3, Insightful)
Maybe you should read your own definition.
Has there ever been an actual court case (Score:5, Insightful)
Re:Has there ever been an actual court case (Score:5, Informative)
The EFF is helpful
Re:Has there ever been an actual court case (Score:4, Funny)
This "John Doe" guy is absolutely fucked.
Basic legal fact. (Score:5, Insightful)
Kjella
Same ol' same o' (Score:3, Funny)
Re:Same ol' same o' (Score:2)
I think you have your thuggish, monopolistic cartles confused
This about sums up the story. (Score:2, Insightful)
"Nothing for you to see here. Please move along."
Is it really news that the RIAA is still filling lawsuits against grandmothers and 12 year olds?
Re:This about sums up the story. (Score:2, Insightful)
b) If your 12-year-old is pirating music, you aren't doing a good job as a parent and the lesson will be taught one way or another
c) I'm sure most of the people named in the lawsuits are neither grandmothers nor underage, and you are just blowing things out of proportion.
Re:This about sums up the story. (Score:5, Interesting)
That same grandmother wouldn't bat an eyelash if you gave her a CD with old big band music for Christmas. Non-smokers would have no problem if smoking became a felony. People who don't drink have no problem with prohibition.
Your subject group is skewed.
If your 12-year-old is pirating music, you aren't doing a good job as a parent and the lesson will be taught one way or another
There is no theft. This is an artificial crime called "copyright infringement". While the spirit of copyright is a starry-eyed ideal which everyone supports the implementation is flawed and anyone who actually lives under its sway knows that it rarely, if ever, benefits the original author in the way that you think it does.
Re:This about sums up the story. (Score:5, Insightful)
That doesn't mean they're _not_ laws.
Go ahead and practice civil disobediance if you wish, that's up to you, but don't pretend that copyright infringement is any less against the law than any other type of theft.
If obtaining something that is not rightfully yours (and no, it's NOT - a musicians music isn't yours to take any more than a sculptur's sculpture would be) is not stealing just because there isn't a tangible decrease in a inventory somewhere, then what is it?
The only English word that comes close to fitting is Steal. Which, being a word that comes from Old English originated in a time when the only method of stealing involved physically removing. The world has moved on now, and there are ways of illegally obtaining something from someone without physically removing it.
Also, it is quite acceptable to use steal in the sense where the owner is deprived of something, but you don't actually gain it yourself (stealing someone's life for example) so why not the other way round?
The "it's not stealing/piracy it's copyright infringement", is a straw man argument that misses the point that no matter what you call it it _is_ illegal whether you think it should be or not.
Re:This about sums up the story. (Score:5, Insightful)
Most crime is real. Intellectual property and copyright are intangible. Can you tell the difference between music which was purchased vs. music downloaded with only your ear? If someone tells you they have a "great idea" can you immediately swear that they didn't hear it from someone else two days earlier?
a musicians music isn't yours to take any more than a sculptur's sculpture would be
A musician's music isn't the musician's anymore. It belongs to some media conglomerate. You're attempting to arouse sympathy for a group of people who aren't even involved anymore.
not stealing just because there isn't a tangible decrease in a inventory somewhere
It's not stealing. The product was legally sold. Rights of ownership were transferred at the point of sale. Misrepresenting a rental as a sale is a poor way of defending business stupidity. If they feel they are losing profits they should reevaluate the worth of their product.
Take the agricultural industry. They produce genetically engineered crops. They only sell seed which produces sterile crops because they are intelligent and they know that otherwise the product would be EASILY COPIED. The agri industry could have lobbied for federal oversight and DNA testing of crops. They could have run down farmers for "stealing" their intellectual property. Instead they 1) subsidized, out of their own profit margin, engineered crops in order to put them in the marketplace and 2) invested in the research to produce seed which produced sterile crops.
The music industry should take a lesson. Making criminals out of customers is the wrong business model. Why not admit,"We're so stupid that we didn't realize our product was so easily copied."
The product was legally sold. The government is not their personal Guido.
Excellent Post. (Score:3, Insightful)
"The government is not their personal Guido."
I also agree that copyright infrindgement is an artifical crime. Copyright property is a state-sponsored temporary monopoly which creates a scarcity which does not correspond to any state in reality. An *artifical* scarcity which does not exist or would exist except as created by law.
Re:This about sums up the story. (Score:3, Insightful)
yawn (Score:5, Funny)
Oh.. wait..
Fair Sentence (Score:5, Interesting)
Of course, the repayment CDs would be chosen by the defendants, just like the RIAA got to do.
Re:Fair Sentence (Score:4, Interesting)
Re:Fair Sentence (Score:5, Funny)
Of course, the repayment CDs would be chosen by the defendants, just like the RIAA got to do.
Exactly, and they would be blank CD-R's from my mom and pop CD-R shop that I charge $1000/piece for. No I never said I actually had one customer who ever bought a CD-R for such, but I value them at $1000 and I'll give a spindle of 100 of said item for settlement, and I'll even throw the spindle in for free (a $5000 value).
Re:Fair Sentence (Score:4, Insightful)
This is why... (Score:5, Informative)
(This is not a plug, I don't work for them or get paid by them)
Basically, you catalog your collection of stuff using their amazon-like lookup functions, and then other people can search your collections (they find you by Groups, by Zip Code, etc) and then you trade with them any way you want (in person, by mail, etc).
This service is excellent because the RIAA and MPAA and FBI and whomever else cannot I repeat CANNOT get you on law breaking. As the 'swapping' happens offline, they have no way to find out about it.
Please give it a shot, if this website takes off the world be a happier place.
Re:This is why... (Score:5, Insightful)
Ummmm...can you say "Sting Operation" boys and girls? How the hell do you think they catch kiddie porn freaks who try to meet up with kids offline? Do you know you're not setting yourself up to illegally distribute songs offline with a cop of FBI agent?
Re:This is why... (Score:3, Informative)
There is a rather old case about reselling books that setup this precedent. Basically the onwer of the book can resell it for any price they want. Of course, this is why computer software is LICENSED and you don't actually own it.
Re:This is why... (Score:3, Insightful)
Hmm... so your theory is that by posting a public e-mail address unobfuscated, I'll lose yet another public account to spam, or idiots such as yourself, as if I haven't already gone through a dozen publics by now anyway? And, of course, you're forgetting that if I really want another gmail account, I can use one of my remaining invitations to reinvite myself.
Except, my private address, where anything of any concern goes, which you do not know, will continue to function as it always has...
You're a bit of a
Re:This is why... (Score:3, Interesting)
So, as a show of solidarity, I'll post mine unobfuscated too: thudson@gmail.com
Spam away, I won't see most of it - and what I do, will just improve the service.
Circumvent the RIAA (Score:5, Interesting)
Circumvent the managers at the RIAA by letting your software music jukebox manage your favorite artists. This requires a central database listing creative works and the artists who actually made them so that you can donate automatically to your favorite artists.
problem: telling some site what kind of music you have my get you sued as you declare to have illegal music.
solution: give partial hash code (checksum). Site returns say 200 potential hits. You verify for yourself if you have have a copyrighted song 'belonging' to the site. You discard the 199 misses and you use the info about the song to compensate the listed artist directly. This can be done anonymously: "I love your (unspecified) work here is a donation of 20 cents". Artist uses statistics to figure out how to compensate those who helped him with popular creations if the donations rise above thousands of dollars.
So you spend say 300 dollar per year to (automatically) compensate your favorite artists directly without confessing a crime as your jukebox figures out compensation anonymously and you can also donate manually, even though you do not have any works of arts of that artists in your possession, making the system a black box, meaning that donations do not directly indicate illegal possession.
Why pay for distribution? Let's circumvent the RIAA.
--
Dennis SCP
Dupe (Score:2)
Re:Dupe (Score:3, Insightful)
Sheeesh, this is pretty much a re-post of the same comment a few days ago. First the stories are duped, now comments are getting duped?
A few days ago? Several comments virtually identical to this one have been posted to every RIAA-related story for the last few years.
Re:Circumvent the RIAA (Score:5, Informative)
Kudos. (Score:5, Insightful)
Re:Kudos. (Score:2)
Anti-RIAA choice of words is hardly inflammatory, at least on slashdot. The first pro-RIAA guy to show up should be bitch-slapped for -20 karma, though I suppose such a mentality would have accumulated any karma at all, or read
Re:Kudos. (Score:3, Interesting)
In reality, they were sued for copyright infringement. Whether or not they truly loved the stuff they shared is irrelevant.
Re:Kudos. (Score:3, Insightful)
Everyone supports copyrights because they believe it will benefit the artists. It doesn't. The companies own everything the artists produce as soon as a contract is signed.
Copyrights only benefit the corporate tag-alongs and, as such, need to be removed or revised.
"We need to enforce laws to protect the profit of CEOs, VPs, and executives who already have base salaries of multi-millions per year!" Who else agrees?
Keep it coming (Score:5, Insightful)
Please continue turning a blind eye to reality. Please continue to pulverize youngsters for sharing music, which youngsters have done since anyone could copy a tune on a banjo or flute. Please continue to support corporations with broken business models. Please continue to encourage businessmen to neglect the physical realities of their product in favor of government backed enforcement of arbitrary laws.
Some day, all of these evil p2p sharing kiddies will come visit you in the nursing home. Enjoy your power while you've got it. It'll never substitute for intelligence.
Steven
Re:Keep it coming (Score:2)
Re:Keep it coming (Score:3, Insightful)
If you want to see real great musicians working go see a symphony orchestra or visit your local jazz club. Here are people who are working at ma
When will they learn? (Score:5, Insightful)
All the better reason for me not to buy another CD again. Last time I bought one was in '99.
Euphemisms (Score:4, Insightful)
I guess that sounds a little nicer than the truth. "RIAA Sues More People Who Habitually Break the Law"
Re:Euphemisms (Score:3, Insightful)
Breaking the law is never ok..
Re:Euphemisms (Score:5, Insightful)
Taking something offered for sale without rendering payment is UNJUST.
Re:Euphemisms (Score:5, Insightful)
I'm continually amazed how the average person's sphere of awareness drops off dramatically roughly where his nose ends.
Mod me down now, since I haven't defended stealing music. Where this topic is concerned, opposing thought at Slashdot is quickly quashed.
Boycott? (Score:5, Insightful)
Sadly, this would probably be trumpeted as "yet more evidence that piracy hurts CD sales".
I don't download music, and I haven't bought a CD in years.
BTW, an interesting alternative is to digitize analog from FM or digital cable, then rip to MP3. It's even legal (VCR law). ;-) You won't notice a quality difference in most situations.
Just don't share.
TiVo for XM Radio (Score:2)
Just let it record and catalog in the background 24/7.
Re:Boycott? (Score:3, Interesting)
Except for the annoying, inane chatter of the DJ at the beginning of the song, and breaking back in at the end, as the song is trailing off. "That was 50 Cent's latest, 'Kill all the white ho's and sell drugs to kids,' off his latest album, 'It's fun to pretend you're a pimp.'"
Why do they do that, anyway? On the radio st
Re:Boycott? (Score:3, Informative)
Re:Boycott? (Score:2)
This is why digital radio could potentially be more of headache for the RIAA than p2p. It's not too hard to concieve of a digital radio tuner in you computer that could identify and rip tracks straight off the air.
Misleading headline (Score:4, Insightful)
It's like if someone was getting mauled by a dog, and another person ran over and killed the dog to save the person, and the headline ran: Man Beats Puppy To Death
A bit misleading, no?
Re:Misleading headline (Score:2)
Canada (Score:5, Interesting)
As a Canadian, I will do these people justice by using my protected rights to share gigabyte after gigabyte of pirated music.
We need more Canadians to have music 'available' for download. We could really cause a ripple effect in which so many of us can legally provide music to p2p apps, that there would be no way to stop the rest of the world.
I'm going home tonight, making a bunch of torrents for my 100 disc collection of mp3, and making all few thousand singles available on gnutella network.
I propose a rally of all Canadians or any other nation that can legally share music. If you can share music, spend the bandwidth and do it. Lets create so much of a problem that the RIAA is defenseless.
Let's show the RIAA that we are in control.
Re:Canada (Score:4, Informative)
The argument that 'sharing music online was like a photocopier' was in favour of treating the technology as a neutral medium, and that it was the activities of the users that needed to be questioned. ~Another~ A+ for common sense...
However...
I'm glad that our courts are more prudent and careful with judgements, but I'm less confident that our government will pass laws that are more open than the US. Just take a look at the joke called CRTC...
Re:Canada (Score:3, Informative)
Note that Parliament will be stengthening Canada's copyright laws as soon as the MP's return from summer break. So enjoy it while you can, because it will be made explicitly illegal in Canada shortly.
Not so innocent (Score:4, Insightful)
If some guy is selling ripped CDs on the side of the road that's illegal, just because you're doing it online for free doesn't make you any better.
If they were suing people for downloading a song we'd have something to be outraged about, but people serving the downloads have brought it on themselves.
Re:Not so innocent (Score:3, Interesting)
If they were suing people for downloading a song we'd have something to be outraged about, but people serving the downloads have brought it on themselves.
Where do you think do all the wonderful files come from, that you'd be downloading? Isn't it a bit unfair to offload the responsibility onto those who helped you get the files in the first place?
Attacking distributors (and a distributor is everyone participating in a p2p network, including bit torrents) is just easier for RIAA et. al, because: 1. of
Rate of suing (Score:4, Interesting)
My maths might be wrong but 5000 people sued in year, 2.5 million kazaa users divided by 5000 = 500. So in 500 years time they will have sued everybody. Good luck to em.
patterns.. (Score:5, Interesting)
boycott (Score:2)
I don't support corporations that sue their customers on a regular basis.
Burden of proof (Score:3, Interesting)
I am old enough to have 2 large boxes of vinyl. One day I would like to find them online in digital format. And, I have a CD sitting right in front of me that is so scratched that I can not recover the music from it. Am I not entitled to download digital copies of those?
So, if the RIAA comes knocking, where's the burden of proof if you say you already own the music?
Comment removed (Score:3, Interesting)
Re:Suing over Bit Torrent... (Score:3, Insightful)
Disclaimer: IAABCA (I _AM_ A BitTorrent Client Author)
It is -trivially- easy for the *AA to get
a) your IP
b) what files you're downloading
c) how much you've downloaded
d) how much you've uploaded
And they can do all this without ever connecting to your computer
All the above information is gained from the tracker level. Many even
Dreamworks sues torrent tracker (Score:4, Funny)
Piratebay response to dreamworks [thepiratebay.org]
Screw the RIAA. Support Artists Directly (Score:3, Informative)
It's a good way to boycott the RIAA while still being able to buy CDs.
Simple cure.. (Score:5, Insightful)
It's a simple cure AND they get money from selling thr advertising space. Why haven't they tried this yet? They can also track who downloads it, put upa mini survery, whatever is popular they can whore even more.
It's fucking common sense and costs alot less then repeatedly sueing people.. and makes you get a free fans.
More rationalizations for being cheap (Score:5, Insightful)
I know somebody who is not rich, not an evil RIAA executive, and hell, he doesn't even make music, but he has personally been hurt by P2P file traders who think it's their 'right' to get everything they want for free.
This guy does in depth analysis of political issues and publishes research online that are used by high school and college debate teams. He provides a very valuable service since there would not be enough time to stay abreast of current political issues and also be prepared to debate so his reports act as executive summaries to condense all the garbage floating around on Google.
So what happens to his stuff? Well there are a few people out there who will pay for it, but then P2P kicks in and for every 1 debate team that buys the report there are probably 10 that don't.
"Information wants to be free!" "It's evil to want to get money for your work!" (in which case why do you complain when your job is outsourced?)
This guy is providiing a valuable service, and he does it all on his own, but I'm sure there will be 10 posts rationalizing why stealing his work is OK and he is worse than Bush for daring to charge to make the lives of other people easier.
None of the examples you've given are the same... (Score:3, Insightful)
Blacksmiths are no longer in high demand because technology has left the blacksmiths products behind. Which is substantially different than people simply taking the fruits of the blacksmiths labour without paying for it.
In this guys example, his product is in high demand, (if 10 debate teams use the report for every 1 that actually buys it) people just refuse to pay for it.
Just as music is clearly in high demand if the volume of music trading that goes on on th
My Analysis (Score:5, Interesting)
I'm going to use the 5 step approach that Schneier utilises in Beyond Fear to analyse security decisions. Hope you enjoy this analysis. I don't have the book to hand so I'm not sure i've got the steps spot on but it's close enough.
What assets are you trying to protect? The profitability of copyrighted music.
What are the threats to your assets? The biggest threat to profitability is the very large levels of copyright infringement. This is such a massive risk that considering any other threat to profitability is a waste of time at this stage.
What is the proposed countermeasure? Suing random copyright infringers.
How does the countermeasure mitigate the risks? The idea is that by suing random copyright infringers you instill fear in people who are more risk adverse. They don't want to be slapped with a large fine so they'd rather pay for the record. There are a number of questions that need to be asked. Firstly, how many people does this approach really scare off? Secondly, How much revenue is it likely to recover? Let's say for every person sued 10 people decide not to infringe and go out and buy the record and each record brought a record for $3. Then the revenue brought in would be $2232. The cost of the legal action would be more than the revenue recieved. Even if 100 people were dissuaded for every infringer sued this would only increase to $223,320. You'd likely make a profit over the cost of the legal action but it'd be small and you've not really done much damage to the millions of remaining pirates. In light of this analysis, I don't think this counter-measure mitigates the risk.
What side-effects does the proposed counter-measure produce? People generally don't like to buy from a company that likes to sue its user base so public relations may be damaged. A side-effect of particular note is people boycotting your products. In those circumstances you've the lost sales as a direct result of deploying the counter-measure - a very bad situation.
Is the trade-off worth it? This step is always subjective but I think the counter measure is meritless given the damage to public image, the small amount of money recovered from most of the infringers and the small amount of people who actually stop downloading as a result of the legal action. The RIAA should consider other counter-measures.
Simon.
YRO Bingo (Score:3, Funny)
Your Rights Online BINGO [existens.org]
Download the card, print it out, and play!
Easy and fun: Every time someone comments about something in a box, or somethin g happens that matches an illustration, check off the box. You win if you can c onnect a full row, column or diagonal!
RIAA sues music THIEVES [headline correction] (Score:3, Insightful)
Talk about overly slanted editing! LMAO
Hey, I love $$ CASH $$, so if I get take to some whenever I want by circumventing laws and protections that are in place, thats cool right, since I just *luv* cash money?!
I think the RIAA is heavy handed, but jesus criminey that headline is piss-poor!
In other news... (Score:3, Insightful)
Police are now arresting money lovers [pantagraph.com].
woohoo! (Score:3, Funny)
Only 4.326.849 P2P users to go!
Book Analogy (Score:3, Interesting)
Computers have made it an easy matter to scan books and redistribute them. There are high speed scanners, good optical character recognition software, and plenty of bandwidth to simply distribute an entire book as a collection of graphics instead of rendering them back into text.
But book copyrights are seldom violated in the US, and almost never violated using PC technology. Why? Readers are more law abiding than music enthusiasts? Readers are too lazy to scan a book? Or is it because people resent the record companies' graft, corruption and excessive profiteering?
The abuses of the RIAA companies are well known. They include payola (paying radio DJs and station managers cash or coccaine to play their records), addicting artists to drugs to control them, and charging $20 for a CD that costs them $1 for the plastic, paper and distribution. The only place this sort of weasel behavior is remotely close to book publishing is the textbook marketing racket, which could teach the Mafia a thing or two about profit margins and market share.
The RIAA and John Ashcroft are legally in the right on this, even if it is difficult to agree with them on general principles, and it's difficult to respect a law that protects such weasels. I'll throw my lot in with the others who say, "Vote with your wallet. Don't buy RIAA products. Lobby your favorite bands to leave RIAA companies and make it financially viable for them to do so."
Geeks continue to compare SCO and the RIAA. At first, they seem like completely different issues, but there are some definite similarities. Both have outdated business models, both are weasels who prefer to fight in court than embrace new technology and profit from it, and both are making a lot of noise right now but will soon be insignificant footnotes in the history of technology.
This thread condensed here: (Score:4, Funny)
Comment 1: FIRST POST!
Comment 2: Man, the music industry sucks.
Comment 3: Its illegal. period
Comment 3a: STFU, dink.
Comment 4: if albums didn't suck, people would buy them instead of downloading the songs thay like
Comment 4a: can someone send me the new Modest Mouse album?
Comment 5: I hate rich musicians, because they're rich
Comment 6: [ something about gay niggers that ususally gets modded out of existence ]
Comment 7: its all the fault of the government, because theyre clueless
Comment 8: You cannot stop technology. Technology is legion.
- - - -
You can now go read another article.
enough of the lawsuit count, guys.
Re:what is the RIAA again? (Score:3, Insightful)
Re:what is the RIAA again? (Score:3, Funny)
RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) is the first organization which gathers GREEDY BASTARDS from all over America and abroad for one common goal - being GREEDY BASTARDS.
Are you GREEDY [sco.com]?
Are you a BASTARD [georgewbush.com]?
Are you a GREEDY BASTARD [microsoft.com]?
If you answered "Yes" to all of the above questions, then RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) might be exactly what you've been looking for!
Join RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) today, and enjoy all the benefits of bei
Re:Can they keep up? (Score:5, Interesting)
That depends on how many people are deterred by the lawsuits. I'm not sure about the rate of growth or use of the P2P services, but I'd guess that if filing one lawsuit deters 100,000 people, then they probably can keep up with the rate of growth. If it's 1,000 then maybe. If (as is probably the case) it's fewer than 10, then they would seem to be fighting a losing battle.
I'd also guess that the "discouragement rate" was the highest with the first round of lawsuits, and is diminishing steadily each time.
Re:"RIAA Sues More Music Lovers" (Score:3, Insightful)
Yeah, the people who paid thousands to build a decent collection and, as part of a price fixing law suit, got less than the cost of a CD in return. That sounds pretty fair to me. Not to say that justifies piracy but I feel the public is more sympathetic towords Joe Sixpack than a multi-million (if not billion) dollar organization that produces not