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RIAA Headway Dwindling 180

JKnowledge writes "This article points to the fact that Yahoo! and various other ISPs are joining in Verizon's fight for the privacy of thier users. Perhaps this silly debacle in the rights of Anonymous Cowards will soon lose steam and sink into the rot that it rose from."
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RIAA Headway Dwindling

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  • Surely the RIAA will simply claim that terrorists are responsible for the piracy of their wares and, in the blink of an eye, Yahoo et all will be forced to hand over the information without the need for further proof.

    America -- land of the free -- although perhaps not quite so free in a post Sept 11 world :-(
    • by Anonymous Coward
      Quite right...
      I think what happened after 9/11 is contrary to what Benjamin Franklin said:
      "They that can give up essential liberty to obtain little temporary safety
      deserve neither liberty or safety." (1759)

      But I heard GWB does not like reading long political books (He really said that AFAIK).

      (damn i already moderated)
      scabbers
  • by Anonymous Coward
    "will soon lose steam "

    must run on steam the RIAA seems against anything made in the last 50 years.
  • We're going to hear about RIAA lawsuits against ISPs now. Until the government tells the RIAA to STFU, it won't be settled. That won't happen anytime soon, because, even though it's not fun to admit, people DO pirate music.
    • even though it's not fun to admit, people DO pirate music.
      Well I'm probably risking getting labeled a troll for this, but oh well. Virtually everyone posting on slashdot seems to think that pirating music is their right. However, just because you may believe in open source and the accompanying ideals of free (not as in beer) software does NOT mean that you can force these ideals on the record industry. They (and the artists who choose to sign with them) obviously feel that they own the intellectual property rights to the music. If you want to argue there is no such thing as intellectual property that makes most of this moot, but it also opens up a whole new can of worms that I have never the time nor the desire to delve into.
      I certainly think there are a lot of things wrong with the record industry and how it is driven by the dollar and not the music, but like it or not it is their right to sell the music. This is just the same as any developer who sells proprietary hardware; they spent the time to make it and it is their right and their right alone to decide if and how they wish to sell it. If people pirated software as much as they pirated music, there would not be a software industry left standing.
      Software developers take measures to make sure their works aren't pirated. Yes there are extreme examples like M$, but what about say game developers who require you to have the CD and/or a CD key to play the game. I know this is not a foolproof method, but it is fairly simple and helps cut down on piracy. No one jumps on these developers for doing this, yet the RIAA can't even be mentioned on slashdot without hordes of people mudslinging. While I don't agree with stuff like the legislation to DoS P2P network users, the RIAA also tries on much more legitimate legal grounds to stunt piracy. Is it really that bad of them to try and protect what is legally theirs in the first?
      • by TheConfusedOne ( 442158 ) <the@confused@one.gmail@com> on Wednesday September 11, 2002 @10:12AM (#4236927) Journal
        The problem is the methods that the RIAA is using and powers that they are asking for.

        Currently there is a perfectly good system for finding and trying copyright infringers. Courts allow John Doe defendants and there is a whole process for requesting subpoenas to get information about ISP users. Additionally, there are already penalties for copyright infringement.

        There is no need for additional laws.

        The RIAA wants to completely destroy due process (the DMCA's take down provisions are "guilty until proven innocent"). They want to use poorly written laws to gain maximum advantage. Finally, they try to sneak new abilities into laws designed to fight terrorism.

        Meanwhile, they're whining and crying poor and "file sharing is evil" when there's no evidence to back up their claims. In fact, to the contrary, file sharing seems to promote sales.

        Finally, the member companies have been found guilty numerous times of price fixing and continue to rip off the artists who "work" for them (though with the ol' "work for hire" clause it's anything but).

        So, no it's not bad for them to try to protect what is, unfortunately, legally theirs. The problem is why they should need a whole new set of laws to protect their stuff when everyone else has to deal with the legal system as it currently stands.
      • No, we're not all "just a bunch of pirates". This is simply a weak attempt at character assassination. Most of us merely don't believe that the social impact of piracy justifies the social and economic costs associated with recent "solutions" to the "problem" of piracy.

        Robust civil liberties are simply incompatible with rigid copyright enforcement regimes. Furthermore, the media moguls wish everyone else to foot the bill for the onerous measures that they suggest.

        Music CD's may be the next "horse and buggy", the RIAA is simply trying to take the rest of the economy down with it as it dies.
      • "Virtually everyone posting on slashdot seems to think that pirating music is their right"

        I haven't seen anyone say that on slashdot, ever.

        Lets stop this argument right here: we all know copyright violations are against the law. No argument. We all know that copyright holders are within their rights to attempt to stop those violations (again, within the limit of the law).

        But the argument here seems to go like this:
        "Digital copying is so easy, and costs the RIAA so much money that they shouldn't have to go to court to follow due process. Copyright holder should be allowed to simply demand any private information they want".

        But why? Why is this crime deserving of special status? I can see no rational reason for this stance.

        This is the equivalent of the store that sells CD's saying "I suspect you of stealing CD's. Therefore I will search your house to see if you have any CD's that are stolen".

        You'd say "That's ridiculous". But somehow with electronic copyright violations, you throw out years of law simply to satisfy the RIAA?

        I don't get your reasoning here. It doesn't make any sense.
    • by tkrotchko ( 124118 ) on Wednesday September 11, 2002 @07:46AM (#4236007) Homepage
      Yes, people are pirating music, but so what?

      People shoplift.

      People speed.

      People do all sorts of horrible nasty things. But we've managed to stick with due process

      What's so different and important about alleged copyright violations that we need to jettison the the Bill of Rights?

      Can someone please explain why the RIAA and MPAA members are deserving of a new special status under the law?
      • Take that one step further....

        People shoplift
        Baggy Pants are NOT illegal
        Doesn't matter if you could fit a cooler for Sears in your pants, you still have the right to wear them, and put anything you own, borrowed, etc.. in them. They could be used to steal, but stealing itself is illegal, the pants have legitimate legal uses. It would be stupid to outlaw the pants just because someone decided that their primary purpose was to aid shoplifters.

        People Speed
        Cars that can exceed 75mph are NOT illegal. Speeding is illegal, it is up to the owner of the car to decide how to use it.

        People do all sorts of horrible and nasty things
        And they do them with everyday items that we would be hard pressed to do without. Go to prison, they have pretty much everything taken from them (they should have a lot more taken), but they still manage to create weapons and kill each other. So what next? Keep outlawing everything that has or can be used for an illegal purpose? Keep that up, and we'll be the ones with nothing. Punish the crime, leave the freedom to choose how to use legitimate tools with the people.
  • Wrongo. (Score:5, Insightful)

    by Murdock037 ( 469526 ) <tristranthorn@ho ... .com minus berry> on Wednesday September 11, 2002 @03:05AM (#4235254)
    Don't think that these companies are fighting for the privacy of their users. The companies are fighting so that they don't have to take responsibility for what their users do.

    It's in their own best interests to help out the little guy on this one, but don't assume everybody's motivations align so well.
    • Re:Wrongo. (Score:2, Insightful)

      by DrLudicrous ( 607375 )
      Well, we have seen that people like Slashdotters can bitch all they want as individuals, and rant and rave, and even get the ACLU involved, but the courts and politicians have a deaf ear to what we say. They will, however, listen to big business. So maybe (for now) this is our only weapon against entities like the RIAA- give them a spoonful of their own medicine, in the form of litigation.
      • I dont think that other big corp. can truly be on 'our' side. They may fight for same issue on an occasion. But until corpoations are modeled differently, with greater wealth distribution, and broader base choosing policies, we will always have the rich eschelon controling the 99% of the rest of us. period. Yahoo isnt a benigh company themselves, considering how they treat their employees..
        • Oh, I agree with you, BUT we as a community of people who like to make digital copies of our digital media without restrictions have failed to make headway via the methods employed thus far. Therefore, we must be opportunisitic. Who knows?

          Maybe 15 years from now, the RIAA will think that p2p is GOOD for business, but ISP's will be frustrated by the bandwith eaten up by users and servers. Maybe then it will be the RIAA on our side against the ISP's!

        • They don't really need to be on our side. The actions of the RIAA and MPAA affect companies just as severely as they do individuals. Just like individuals, companies need to become more aware of the potential negative impact of "media mogul" laws.

          While it is true that no corp will ever really be our ally, we can trust corps to look after their own best interests. This should create some level of balance.
    • The Enemy of my Enemy is my Friend.
  • It's about time (Score:3, Interesting)

    by DrLudicrous ( 607375 ) on Wednesday September 11, 2002 @03:05AM (#4235255) Homepage
    It's about time that these big companies like Yahoo and Verizon stepped up to the plate to bat for us. End users are not going to self-assemble into a class-action lawsuit with high-priced lawyers that can do battle with those of the RIAA. The only entities capable of protecting us in the courts are those able to afford the lawyers- so big ISP's fit the bill perfectly. They have the most to lose, but the most resources to fight against that loss, and by proxy they are fighting for us, the end users.
  • by tuxlove ( 316502 ) on Wednesday September 11, 2002 @03:09AM (#4235261)
    The battle won't be over until the RIAA is disbanded. Legal setbacks are meaningless other than as delays in pursuit of their goals. They have as much money and time as they need to chip away at consumer rights. Failure in any attempt they make simply means they'll come back again using different tactics.

    I don't see the RIAA going away any time soon, so neither will the battle.
    • A good alternative for music distribution and artist promotion. Lets face it, Napster ain't it but it shows the potential that the net can provide.

      I am starting a completely different business and don't have time to devote myself to this effor full time, but I am trying to assemble people that want to fight the RIAA and build somethign better, more open, and more empowering. I see this as the ONLY way to undermine the drive for DRM. If people are interested, feel free to email me. I have ideas,but there are only 24 hours in the day...
      • " A good alternative for music distribution and artist promotion."

        Well, this [nexzo.com] looks interesting. It dosen't offer much in the way of promotion, but I think it has potential. When/if I finish my current project I'm signing up.

      • I've put detailed proposals for a way to use the net to get musicians and other creative eople paid, and to encourage rather than attack sharing here [mediagora.com]

        I'd love to hear your thoughts on them.

        mediAgora defines a fair, workable market model that works with the new realities of digital media, instead of fighting them.

        Principles:
        * Creators should be credited and rewarded for their work.
        * Works can be incorporated into new creative works.
        * When they are, all source works should be credited and rewarded.
        * Customers should pay a known price.
        * Successful promotion of work should be rewarded too.
        * Individuals can play multiple roles - Creator, Promoter, Customer
        * Prices and sales figures should be open
        * Relationships are based on trust and reputation
        * Copy protection destroys value

    • They have as much money and time as they need to chip away at consumer rights.

      What irony that those money comes from CD & co. sales i.e. from consumers themselves.

      This shows the power of ignorance (or in other words "I want a CD, I do not want to think about 'distant' future" attitude).

  • the RIAA will next time. Am i being a pessimist? Yes i am. But I think they will win. Entertainment industry---->Media------------>Positve press coverage------>re-election. they win. WE LOSE. sad.
  • Witch Hunt (Score:2, Interesting)

    by Anonymous Coward
    The RIAA is doing the equivalent to what the US Government is doing to find "terrorists". Don't get me wrong, there needs to be national security but this is getting ridiculous. The RIAA reminds me of McCarthy. I am glad to see Yahoo! and others stand up to them.
  • Does anyone know why this one person was so important?? I mean I am sure that there are millions of ppl swapping music over Kazaa and many thousands using Verizon network but why was this one user singled out??
    • Does anyone know why this one person was so important??

      He isn't, really; he's just one more person using Kazaa to rip off the music biz. That's exactly the point: anyone doing this is now at risk of having the book thrown at them, and most people can't afford that.

  • Who funds the RIAA? (Score:4, Interesting)

    by Mustang Matt ( 133426 ) on Wednesday September 11, 2002 @03:16AM (#4235286)
    Is it strictly off of record sales?

    I wouldn't think they'd be hard to put out of business, or at least dent them enough to hurt their lawyers.

    I've found that artists listen to their fans. If we can come up with a better solution for the artist I bet it wouldn't be that difficult to get them to hop on.
    • I hope you get modded up +1 Funny. You're twenty pounds of funny in a five pound sack.
    • Obviously, it's the Illuminati.
      • It's not the Illuminati directly. The RIAA is controlled by the Boy Sprouts, who are controlled by the Post Office, who, of course, are controlled by the Illuminati.

        And as for /.? definitely controlled by the Discordians!

    • I'm not sure, but I think the organization that funds them starts with the letter "g" [com.com] and ends with "overnment".
    • Well according to the SPAM conspiracy.it is the the illuminati and ittanimulli the egyptian cult. uhmm WHAT! you havent read the SPAM conspiracy? look it up. http://www.scudworks.com/pablo/spam/spamcon.html or just type in google spam conspiracy.
    • I've found that artists listen to their fans. If we can come up with a better solution for the artist I bet it wouldn't be that difficult to get them to hop on.

      Well, in Metallica's [com.com] case, I reckon that's still true.

      They just have to listen really hard now.
    • by Billly Gates ( 198444 ) on Wednesday September 11, 2002 @04:58AM (#4235576) Journal
      "If we can come up with a better solution for the artist I bet it wouldn't be that difficult to get them to hop on."



      Unfortunately the retailers have exclusive contracts forbidding them to sell any cd's from non RIAA approved companies. If a major label likes an artist with an indie background, they will usually just license the music and redistribute it to the retailers so all the artists have to come through them. Unfortunately all the smaller cd stores have all but closed thanks to megastores with exclusive contracts who can sell the cd's cheaper due to rates thanks to the RIAA.

      I bet this was probably the RIAA's plan all along. THey own a monopoly through all the distribution channels so they can raise the prices. I also believe consumers have been boycotting them and the RIAA blames this on piracy and continues to fund new laws. It seems like the more they boycott the more they pribe the politicians and the more they can use these figures to make it look like piracy. Either way were screwed.

      • So what would happen if all the retailers said fuck there RIAA contracts, Jesus there all a bunch of wimps are thery really that scared of the RIAA what will the RIAA do if they offend all the retail outlets!
        • Well, the RIAA would probably sue each retailer for breach-of-contract, win lots of money from them & use that money to continue sueing the other retailers until they gave in & did what they had legally agreed to do.
      • I bet this was probably the RIAA's plan all along. THey own a monopoly through all the distribution channels so they can raise the prices. I also believe consumers have been boycotting them and the RIAA blames this on piracy and continues to fund new laws. It seems like the more they boycott the more they pribe the politicians and the more they can use these figures to make it look like piracy. Either way were screwed.


        Isn't this sort of combined monopoly what the Sherman Antitrust Act is supposed to prevent? You have an organization made up of not one but five major players (and a boatload of minor players) joining forces to act as a monopoly. If that's not a cartel, then I don't know what would qualify as one. Sure, the FTC has accused the RIAA of price-fixing schemes and has managed to get Hilary's boys to agree to some token settlements, but that has little changed the economic arena for either the consumers (CD prices have yet to fall as a result of competition amongst labels) or the signed artists.

        I know Microsoft hasn't been a Boy Scout in its business dealings and probably needs to be smacked around for its arrangments it makes with OEM's to help support their monopoly position. But IMHO, the RIAA is in even bigger violation of antitrust laws. I think it's high time for the DOJ to dismantle the RIAA and make all labels, majors and indies alike, to compete in the marketplace. Then, you'll see some labels raise their market share as a result of signing superior talent, superior marketing of said talent, and selling their music as at a fair price. And you'll see others fall by the wayside. The ones that fail will not fail as a result of "piracy," but instead as a result of not running their business as well as their competitors.

        Even a monopoly can't charge arbitrarily high prices without driving customers away. Only in the IP industry can one claim that all declines in sales are the result of "piracy." In the IP industry, the music and movie industries are the ones beating the piracy drum the loudest. Is deciding that I won't buy the newest Nelly CD because its price is $18 "piracy"? Or how about the fact I've slowed my CD-buying to a trickle because the music that's coming out of this cartel almost never coincides with my music preferences? Is that piracy? What about the fact that I find other things more worthwhile for my entertainment budget than buying CD's? Is spending my money (which the RIAA practically claims is their entitlement from God) on a museum admission, an evening of blackjack at the casino down the road, or seeing (gasp!) a live band piracy?

        It's a shame we don't have term limits on members of the U.S. Congress in this nation. We have Congressmen that have been in office 30 or 40 years, and a few even longer than that. And we expect those people, who probably lost touch with the music industry in the early part of the vinyl LP era, to make lasting policy decisions that will affect not only the music industry but the entire "intellectual property" industry as a whole? I just hope that the damage that the DMCA and future legislation that this underinformed Congress passes at the request of the RIAA's (and its allies') lobbyists reveals itself slowly enough that the next generation of legislators who grew up in the "Information Age" can take steps to stop and eventually reverse it.
      • Unfortunately the retailers have exclusive contracts forbidding them to sell any cd's from non RIAA approved companies.

        Post proof or retract. My opinion is that you're making that up.

        I know of several small labels (as in, the entire company has 2-3 employees) whose CDs can be found alongside the Columbia's and the Warner Bros'es in major record stores. I can vouch that these labels have absolutely no affiliation with the RIAA.

        Sure, you can only find RIAA-member-label discs if you shop for music at Wal-Mart, but that's a symptom, not a cause, of the position of RIAA labels at the top of the industry.

  • by JeffSh ( 71237 )
    I'm curious. Does this anonymous Kazaa user on Verizon's network know he is the catalyst of a legal battle of major signifigance? or is he blissfully unaware?

    the things i think about :)
    • by bakes ( 87194 )
      It's a good bet that he downloaded KaZaa to grab other music, and is blissfully unaware that he's been 0wn3d, his entire music collection has been copied numerous times, and he can't figure out why the refrigerator doesn't work properly and his ice cream is all melty.
  • by CBNobi ( 141146 ) on Wednesday September 11, 2002 @03:30AM (#4235326)
    Disclaimer: I haven't read the legal brief.

    "The music industry pays the RIAA to investigate and prosecute copyright infractions. They don't pay us a penny to do that. They don't pay ISPs a penny to do that. Even if they did, it would be a violation of due process and subscriber privacy."

    So what if they did pay? It seems that the anti-RIAA people (telcos, ISPs, civil liberties) are still partly in it for the money. After all, the payment issue shouldn't even arise when the problem at hand is the DMCA's "turbocharged" subpoena clause.

    The groups, including the Electronic Frontier Foundation, Consumer Alert, the Electronic Privacy Information Center, and National Consumers League, argued the RIAA is relying on a portion of the DMCA that violates Americans' right to be anonymous online

    Everyone has certain rights (such as anonymity) until they commit a crime. Pirating music (whethey they're justified or not) is still a violation of copyrights. Why do ISPs have the right to refuse handing over the information when they can be considered criminals?
    Is it because they don't provide the actual connections for the P2P network?

    (Not a troll, just curious)
    • by Anonymous Coward
      Should we violate the rights of every citizen ACCUSED of being a criminal by the RIAA? The person in question is supposedly not a criminal until proven so under the American system of justice.
    • by thumbtack ( 445103 ) <thumbtack@[ ]o.com ['jun' in gap]> on Wednesday September 11, 2002 @03:50AM (#4235377)
      Everyone has certain rights (such as anonymity) until they commit a crime. Pirating music (whethey they're justified or not) is still a violation of copyrights. Why do ISPs have the right to refuse handing over the information when they can be considered criminals? Is it because they don't provide the actual connections for the P2P network?

      Ah, but therein lies the problem, there is no due process under the DMCA. Just the mere accusation is enough.

      Dselexic RIAA employee writes down an ip address wrong, switching the last two digits. Next thing you know is that someone is kicked off their connection, hauled into court under the No Electronic Theft Act, and they have to prove their innocence, rather than the accusser having to prove their guilt.

      What's wrong with this picture?

      The scenario changed when it became a criminal act and not a civil matter.
    • Everyone has certain rights (such as anonymity) until they commit a crime.

      That's the whole point. Nobody is established to have committed a crime until they are convicted of it.

      Suspects are not convicts, and are not without rights (such as anonymity). Especially not when they only exist as "suspects" in a non-law-enforcement organization.
    • by Nopaca ( 98621 )
      Everyone has certain rights (such as anonymity) until they commit a crime. Pirating music (whethey they're justified or not) is still a violation of copyrights. Why do ISPs have the right to refuse handing over the information when they can be considered criminals?

      ISPs don't have the right to refuse to hand over subscriber information, as long as the copyright holder or its assignee begins a "John Doe" court proceeding in which the target of the suit is uniquely identified by their actions. The ISP is then handed a subpoena, as in any other civil case, that requests information that is important for the court's decision, such as information that can positively identify the John Doe. The ISP will legally have to comply with this subpoena by providing the subscriber information to the court.

      However, the DMCA has a special provision, intended to speed copyright holders' takedowns of infringing material from web sites, which allows the rights holder to expedite the removal of such material by requiring the ISP to remove it within a short period of time of receiving the request and notifying the ISP client. The client can halt the takedown by formally claiming that the material does not infringe, thus leading them to some serious legal problems if they are not telling the truth. This section of law was not written in such a way that it is clear whether it applies equally to material that is stored on the computers of ISP clients rather than on ISP company web servers. (Remember, to anyone over forty, internet = web.) Thus the possibility for the current legal conflict.

      So, why are the ISPs bothering to fight this? You are right that it is all about money, of course, but I seriously doubt that it's over the money that the ISPs could otherwise extort from copyright holders for this service. Try reading the sentences

      "The music industry pays the RIAA to investigate and prosecute copyright infractions. They don't pay us a penny to do that. They don't pay ISPs a penny to do that. Even if they did, it would be a violation of due process and subscriber privacy."
      as rhetorical, as in "I don't know why I, as a state warden, have to execute this mafia informant who happens to also be a murderer - the mafia doesn't pay my salary, and even if they did, it would be against my conscience as I don't believe in capital punishment." Instead, the money in question is what the ISPs would lose if they were seen by their customers as ready to interfere in this way with client use of the leased bandwidth, or more likely, the money that it would cost to even try to police copyright infringements that occurred through internet services and were stored on client hard drives. If you don't think it's really that much of a big deal, I'll illegally email you a song to prove the point.

      A more interesting question, though, is why doesn't the RIAA just follow the standard process and obtain a John Doe subpoena? They must have the evidence to do this. One possibility is that they would rather set a precedent that they can request takedowns of infringing material stored on client hard drives using the easy, no-fuss method as they read Congress as having intended it. Note that this is what they claim as their motive.

      However, this rationale doesn't hold very much water, since it makes no sense for the RIAA to try to file a lawsuit against any significant number of file traders in an effort to eradicate infringement. The whole strategy must revolve around suing a small subset of file traders in an effort to remove those nodes which offer the largest set of files and to scare off all of the rest, in effect "firing into the crowd". It would simply be too expensive to police infringement by catching all copyright violators - that's more than half of American teenagers, and even an expedited discovery process is not going to make that cost effective. In the case of a small number of lawsuits, whether the discovery is expedited or not makes little difference and is not worth fighting over, except on principle (which the notoriously mercenary RIAA asserts as a secondary motive, of course.)

      A moment of thought indicates that a much more likely reason to wish for the expedited process in this case is so that the RIAA can see who the defendant will be before they actually launch an infringement lawsuit. With the so-called turbocharged subpoena process, the RIAA can make a blanket call for the identity of one hundred infringers, investigate each person on the list, and choose the one who's a baby-beating homeless crack-ho terrorist hacker to hit with a lawsuit. As noted above, with the demographic reality of copyright infringement, they really don't want to follow standard practice and blindly file a John Doe lawsuit - heavens, that person could be the eleven-year-old granddaughter of one of the RIAA executives, or Jenna Bush. Knowing what you're getting into before making public legal filings that could be very embarrassing later is almost mandatory in this situation, and you can expect the copyright holders' organisations to press for this power as strongly as they can.

      A final comment: the civil liberties organisations are not in it for the money.

      "On the face of it, Microsoft complaining about the source license used by Linux is like the event horizon calling the kettle black." - Adam Barr, former Microsoft employee
  • by hillct ( 230132 ) on Wednesday September 11, 2002 @03:38AM (#4235345) Homepage Journal
    It's great to see this coalition fighting the RIAA and MPAA, but make no mistake about it. Most of these coalition members are acting entirely out of enlightened self-interest rather than fighting the good fight on behalf of internet users. The article is vary clear about this but it bears repeating:
    "What the RIAA is really seeking, at the end of the day, is to shift the burden of copyright enforcement from its own members--who apparently would prefer not to alienate potential customers by suing them outright--to an ISP that does nothing more than provide an Internet connection to the customer," the brief says.

    [...]

    In July, the RIAA invoked the Digital Millennium Copyright Act (DMCA) to force Verizon to turn over the identity of a Kazaa subscriber. Verizon opposed the request, telling a federal district court in Washington that the DMCA's turbocharged subpoena process does not cover people who are participating in a peer-to-peer network like Kazaa.
    The fact that these companies are acting together to protect their own interests is actually a good thing in that their interests actually do coincide with those of the consumer. This type of synergy is quite rare and should be supported by consumers while they continue to recognize the corporate motives behind it.

    --CTH
  • Following this legal triviality between two groups of corporations is distracting. This article is really reporting the struggle of several corporate entities fighting in their financial interests. Wishful thinking splashes all over Slashdot if we begin to think that the various ISP and Yahoo companies are taking up the SLASHDOT freedom loving sword to smite down our Evil Enemies, the TODHSALS. i mean the RIAA etc. Corporations will never be on our side until greed is not single most important variable in policy decisions. So ignore this Slashdot article and instead let us find a new way of beating the RIAA from the grassroots, where the best technology comes from. and no, i have no ideas.
    • let us find a new way of beating the RIAA from the grassroots, where the best technology comes from. and no, i have no ideas.

      OOOH! OOOH! OOOH! CALL ON ME! CALL ON ME! I KNOW! I KNOW!

      It's called never give the copyright industry any of your money ever again.. If you aren't willing to take this step, then you're a part of the problem.
  • by ColaMan ( 37550 ) on Wednesday September 11, 2002 @03:50AM (#4235378) Journal
    Quote by the RIAA:
    "They (the ISP's) are trying to avoid the cost of identifying infringers as provided for in the DMCA by imposing unrealistic and burdensome obligations on copyright owners instead."

    What?? You mean they are suggesting the RIAA use the law like everyone else has to? The nerve of those ISP's!
    I'm pretty sure that it's the obligation of the copyright owner to preserve their copyright.
  • by serutan ( 259622 ) <snoopdoug@RABBIT ... minus herbivore> on Wednesday September 11, 2002 @03:54AM (#4235393) Homepage
    Come on, this legal bickering is for weasels. The problem isn't whether or not the DMCA's subpoena rules apply to P2P users, or any other legal technicality. The problem is that the copyright ownership industry is so lucrative, and it's that way because Congress has made it so, by obligingly making copyrights last longer and longer at the whim of the entertainment industry.

    The recording industry wouldn't have anywhere near the power they have if their rights only lasted a few years, which was the original intent of copyright. It was meant to encourage creativity and inventiveness, not as a tool to keep anything valuable from ever dropping into public domain. But by extending copyrights again and again, people like Fritz Hollings (D-Disney) have given the copyright-ownership industry a golden goose, which they naturally want to keep alive forever.

    If you want to help fix the problem, find out who your congressional reps are and write to them, on clean paper in an actual envelope, asking them to rollback copyright law to a sane level. I'd really like to see people actually exercise their freedom of speech in this matter, instead of lawyers merely using it as body armor.
  • Hmmmm... (Score:3, Funny)

    by Overcoat ( 522810 ) on Wednesday September 11, 2002 @03:55AM (#4235397)
    Verizon's user allegedly has been swapping songs by artists including Billy Joel, Barry White, Aerosmith, Janet Jackson, Jennifer Lopez, N'Sync and Britney Spears.

    Is it possible to be sued for having really cheesy taste in music?

    • Verizon's user allegedly has been swapping songs by artists including Billy Joel, Barry White....

      hey now dont go dissin Barry White, that man's croonin can really turn a woman on... heck it may even cause a need to break out one of those newfangled Lin3x Condoms [worth1000.com] ;)
  • $$$ vs. $$$ (Score:2, Insightful)

    Everybody want money
    => ISP want money
    => ISP want customers
    => ISP customers = internauts
    => internauts want fun as well as money
    => internauts want fun without paying (or at bargain price)
    => Internet surfin isn't that big fun
    => internauts want something else
    => something else = e.g. mp3 sharing
    => no p2p = no need 4 broadband
    => no cash 4 ISP
    => RIAA is an enemy of ISP
    • RIAA is not just the enemy of the ISP, your
      leaving out:

      => Musicians and Artists
      => Customers
      => The computer Industry
      => 16 year old kids that want to watch DVD's on
      their computer
      => Open Source community.

      Sooner or later, their policies will come back
      to haunt them. I hope it's sooner, not later.

  • So, one user at $30-$50/month for a DSL connection amounts to about $360-$600 per year of income. After costs, that could be a pretty decent profit depending on the operating margin.

    A number of users are drawn to broadband for the purpose of high-speed file transfers and such, which grows the subscriber base, therefore growing income and profit.

    If the RIAA were to drop some kind of magic iron curtain on these activities, the subscriber base may not grow or drop, affecting the bottom line for ISPs and providers like Verizon. The RIAA certainly isn't going to cough up any extra cash to prop up the bottom line of the provider.

    Naturally, Verizon is fighting to keep growing its subscriber base and preserve its economic interest. Besides, who's in business for free?
  • In a statement, RIAA President Cary Sherman had accused Verizon of playing "a legal shell game" to save itself money. "The only thing Verizon is protecting is Verizon's own business interests," Sherman said.

    And what the hell is the RIAA trying to do?!?!??!?!

  • by Arcturax ( 454188 ) on Wednesday September 11, 2002 @08:43AM (#4236204)
    Just curious, but have you? I was at the mall this weekend so I stopped in several stores which have a music section or are purely music stores. The music sections were absolutely dead and of the 2 record stores I saw in the mall, one had 2 people in it. The other was totally empty except for employees standing around looking extremely bored.

    Next I went to a second hand music store not far from the mall and it was packed. So even people who are not downloading are buying their music second hand at the least because of CD prices. If the RIAA would lower their prices to reasonable levels people might bome back. Instead they are wasting money on lawsuits and getting everyone so mad at them that they are actively searching out other means of getting the music and even finding legal ways to do so (second hand stores).

    So the RIAA's death will be multipronged. First, they are losing money like crazy now. Second, they are pissing off their customers, something you do not do in buisiness which is making the first reason worse for them. Third, artists themselves are starting to see the light and using the internet to cut out the middle man. (See non RIAA label Metropolis Records and their support for internet radio station DigitalGunfire.com). Lastly, they are losing stream with congress as tech companies and ISP's realize that they have a hell of a lot more clout as long as they start using their money the way the RIAA has. I simply don't see the RIAA making it another 3 years, maybe 5 at the most.
    • Part of the problem I'm sure is the high rent rates stores like Sam Goody's, Camelot, or whatever have to pay for their space in the mall. Even going to Best Buy (shudder) is a lot cheaper than the mall.

      I prefer to go to the second hand stores, even for new stuff if possible - much friendlier staff, nicer environment, etc...
      • Even going to Best Buy (shudder) is a lot cheaper than the mall.

        One reasons for that is that Best Buy is not making money selling [at least some] CDs. A couple of years ago several record companies were convicted of price fixing. The basis of the lawsuit was that Best Buy was selling CDs below the "recommended cost", and therefore did not qualify for industry kick-backs.

        From articles on the music business, the store that consistently buys CDs with the lowest prices is Walmart. I don't know how there retail prices compare to non-sale CDs elsewhere though...

        I've pretty much stopped buying CDs from stores (mostly as a RIAA protest). I buy either directly from the artist or second-hand.

  • by Odinson ( 4523 ) on Wednesday September 11, 2002 @10:19AM (#4237006) Homepage Journal

    Remember when MSFT tried to argue the states had no right to to bring it to court with different antitrust charges. Thirty somthing states awoke from their slumber and chalenged it.

    Microsoft asked the court to take some of the states power.

    Now Congress and President Clinton have tried to take some of the courts power and hand it to law enforcement and a group of wealthy companies!

    The DMCA circumvents the judicial branches power approve or deny the when where and how of law enforcment action when criminal charges are brought. The courts can do somthing about it too, they can strike the law down as violating due process as stated in the constitution.

    Verizon and friends lawyers just need to present it to the Judge that way and it will be gone in a second.

    Judges must face peer review too, how can they face their equals and superiors with, "I took the moral low ground, contridicted the constitution, and made you condierably less powerful.

  • Get rid of the RIAA (Score:3, Interesting)

    by j_kenpo ( 571930 ) on Wednesday September 11, 2002 @10:49AM (#4237350)
    You know, everyone just bitches about the RIAA, DMCA, and other such infringements on our freedom. The answer is simple... BOYCOTT!!! If a company supports the RIAA or uses the DMCA to infringe on our rights, dont support their products in any way. If Congressman Dipshit supports a law in favor of these, vote for his opponent. If Sony uses the DMCA do crack down on something that affects your life in such a way that you do not like, buy their competitors products. Spread rumors about how a mother lost a lawsuit when her babys hand was mangled in a DVD player, and Sony won the counter suit. Resist buying that PS2 and buy something else. At what point did we lose control of our lives? Why is it that big corporations can shit on us and tell us what we can and can not do with our products? Fsck them... They can kiss my ass. I wont be bullied by big corporations or their advocate groups. Im sick of these guys hideing behind "policy", something that is on paper. It cant physically prohibit you from doing something, so why are we subject to it. Its simple, dont buy the products of the supporters of the RIAA. Make them lose money. If they lose profit over it, they will discontinue contributions to such an agency, so the RIAA will be disbanned, the Chairman will be out of a job sleeping on the street in a cardboard box, so that we can all laugh at them and urinate on them in their sleep. Get control and do something about it, your the consumer, and your supposed to always be right...

He has not acquired a fortune; the fortune has acquired him. -- Bion

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