RIAA Says Accused Students Are Settling 345
As we've been reporting, the RIAA has been offering settlements to college students suspected of sharing music online. Reader Weather Storm notes that more than a quarter of the alleged music pirates have accepted the RIAA's offer. Quoting: "...an attorney Ohio University arranged to meet with its students... said $3,000 is the standard settlement offer, though cases have settled for as much as $5,000."
I have a question (Score:5, Interesting)
Protection Money (Score:3, Interesting)
Unfortunately, the RIAA is operating under the guise of lawfulness, and has its hands in the lawmaking process. Hopefully the efforts they are going through to kill their market will cause change for the better.
Let's do this (Score:5, Interesting)
They Should Reverse It (Score:1, Interesting)
They should reverse it and offer for $5000 a license that would permit you to trade all the music you want (which the RIAA can license of course) for a certain number of years.
I'd seriously consider buying such a license.
iTunes (Score:5, Interesting)
Then she asked about Kazaa. I suggested Morpheus because you can download your music into a folder other than her shared folder, and explained the RIAA lawsuits and how the music industry had the world's sleaziest people.
They had been bar owners and had had dealings with ASCAP, who wanted money from both them AND the kareoke people. They wanted money even after they got rid of the bar!
Amyway, it turns out that they were using iTunes at her school; she thought iTunes and Kazaa were the same! Most normal people (not you or me, obviously) have no clue about any of this shit.
They know all about how our government is for sale to the RIAA, though, having been bar owners before.
Don't these damned college kids vote? Look, if you don't vote, get off my lawn you damned kids!
It's time for the Anti-RIAA (Score:3, Interesting)
So ya see, Jimmy.... (Score:5, Interesting)
You are breaking the law, Jimmy. It's a sad thing, when a man breaks the law: can't get a job, gets kicked out of school, hell, what if he has to go to jail? A man could go away for a long, long time, couldn't he? But maybe, if you work with us, we can make sure that you don't get convicted of breaking any law, eh Jimmy?
Create a situation in which the illegal alternative is preferable to the legal alternative. Sue those that break the law. Convince them to settle, using the rest as "examples," to get other people to fear you.
Why hasn't anyone used RICO and extortion laws against the RIAA? Am I the only one that sees this? Yeah, these guys are breaking a law: but the RIAA is running a racket here, and is exhtorting and blackmailing these kids. So send em to court, get the law changed to something sane, and sue the pants off the RIAA under RICO, or something similar.
Re:I have a question (Score:2, Interesting)
Seriously, as much as I hate the RIAA I am really tired of the notion that going after college students is somehow unfair or mean. They're adults. A lot of them have been adults for some time now. It's the same crap I'm tired of when these nuts get all up in arms about college students and their large amount of drinking as has been in the news recently. They're fucking ADULTS. If you can't take care of your shit by 18 or 20 or 22 or 24, then they should go hang themselves.
So... sorry if I don't somehow feel sorry for a bunch of spoiled brats who have delayed life and responsibility into their mid-twenties and believe that they are somehow more pitiful and sympathetic victims simply because they're in college. If you are old enough to decide who to vote for, who to marry, who to fuck, what to drive, carry a gun, decide to join the military, pick a path in life, sign a contract and live on your own, then you can sure as fuck handle the consequences of your actions (if you're guilty) or seek proper defense (the whole unfair RIAA versus average guy's lawyers thing aside).
For those who are the exception, I'm obviously not talking about you because I'm generalizing and not addressing each god damn individual on the planet.
Re:WTF? Welcome to 1984 (Score:2, Interesting)
If I were running any network on campus: my policy would be no data retention on the dhcp server except for current outstanding leases.
Good thing you aren't running a network. What would you do when reports of hack attempts, worms spreading or other such crap come in? Say "Tough cookies"?
Screaming Failure! (Score:5, Interesting)
What choice do they have but to settle really?
75% decided not to settle. I'd say fighting is the overwhelming popular choice.
But, are they really guilty? (Score:5, Interesting)
The only reason the college kids are paying up is because they can't afford to defend themselves. It is a lot like the protection racket used by organized crime and gangs today. Pay us or we'll really hurt you.
There was a deposition on Groklaw [groklaw.net] that pretty much sums up the fact that the RIAA identification techniques probably wouldn't stand a chance in court. There is a LOT of Doubt about the accuracy of the RIAA tactics. More than reasonable too.
Re:As these CRIMINALS should - guilty - pay the pi (Score:5, Interesting)
There is nothing "criminal" about copyright infringement. Someone can take you to court
and sue you, but there is nothing criminal about that. It certainly isn't considered
"theft" by the laws of this country: never was, never will be.
Secondly, how do you feel about being robbed? Because you were robbed. Something
was taken away from you that is worth an enormous amount of money and it was taken
away from you by the RIAA. When copyrights are extended indefinitely, instead of
entering the public domain as they were originally deemed by law -- what is actually
happening is that the RIAA is stealing from the public for their own interests.
Did you have a say in that? Did you agree to give up what was rightfully yours?
Or was it just taken away from you with the stroke of a pen? Because that, my friend
is theft. Plain and simple.
Copyright infringement is not theft. But taking public property for personal gain
is absolutely theft. Now who is the guiltier party?
Re:Where have all the ethics gone? Long time passi (Score:3, Interesting)
Re:hrmm (Score:5, Interesting)
I understand this, and I think that's how most people view it. I was, however, thinking about this the other night, and I think that if they sent me a letter, I'd fight it. I don't steal anything anymore (within the spirit of the law, sometimes not within the letter (I have multiple backups of CDs I've bought, stuff like that)) - I'm a Christian. Although I did, admittingly, have a shady past. However, stealing was the least of my crimes.
I would have to get the money from somewhere, or I would represent myself. I know, anyone representing themselves has a fool for their council... But, I would fight it for a few reasons. I don't like being called a criminal; especially by cowards. I don't think you should take the credit or the blame for something you didn't do unless it is for the good of the greater. Furthermore, I think that I could, strictly on technical grounds, defend myself quite well. I'm confident in my skills (Software development major), and I could probably rip apart any 'expert' who would allow themselves to be hired by the RIAA. They would probably beat me into the ground on the political front, although, I think that I could use my technical ability and the hacker (not cracker!)community as a great platform. I could easily show that I have no motive; I use Ruckus [ruckus.com] and have all the free music I'd like. Lastly, I have a rack of all the original CD's I've bought, (except one which I lost years ago, although I have the album in MP3 - spirit of the law, not letter) as well as my email reciepts for the music I've bought on iTunes.
I just don't think they could really establish me as a pirate. It would take a lot to try to make up that pattern of behavior. That, and, if I got a letter, it would be a wrongful accusation since I don't pirate to begin with.
But mostly, I just couldn't live with myself if I backed down to a bully. Granted, I'd most likely lose, but I'd still know that I showed more spine than a good percentage of the populace. I guess it boils down to it being a personal issue. I guess it would be worth it for me to lose everything I have (broke college student: all I really own is old hardware that I keep fixing to get by) simply to send the RIAA the message that not everyone is spineless, and not everyone is a criminal. What do you do when confronted by bullies? Drop the biggest one as fast as possible and hope the rest leave. As the quote goes, "nothing asserts authority so much as silence".
I understand those who buckle simply because they really do have something to lose; sometimes what you stand for has to take a back seat to providing for your family. The idealist would say no, but we can all be extorted when the right pressure point is found. I happen to be in a position where I can't afford $3K, I don't really have any possessions; for me giving in would be a 'loss', whereas fighting and losing in court would be more akin to a 'tie'.
I guess it's a matter of heart in a head-on collision with the reality of the world we live in. I'm sure I'd fold if they could find the right button to push; but it's very unlikely at this point in time.
Re:And this is a surprise because... (Score:2, Interesting)
Standard Reply Letter (Score:1, Interesting)
CONFIDENTIAL
Ref 001
Dear Lawyer
thank you for your letter of XXX in which it is alleged that I have "stolen" content.
Although I deny all allegations of wrongdoing, I do take the matter very seriously. To help me understand the allegation better, please send details of what has been stolen, from whom, when, and the damage that has arisen from the alleged theft.
Please provide this information within 14 days.
Sincerely etc
then wait for 14 days, if nothing comes:
CONFIDENTIAL
Ref 002
Dear Lawyer
On the XXX date I sent you a letter (Ref 001) asking for more information about your allegations of theft. I have to date not had a reply and am therefore unable to cooperate further with your investigations. To help me understand the allegation better, please send details of what has been stolen, from whom, when, and the damage that has arisen from the alleged theft.
I would appreciate it if you respond as a matter of urgency as I am very concerned about these allegations and wish to see a rapid resolution.
Sincerely etc.
then wait for 14 days, if nothing comes
CONFIDENTIAL
Ref 003
Dear Lawyer
On the XXX date and YYY date I sent you two letters (Ref 001, 002) asking for more information about your allegations of theft. I have to date not had a reply. Until you provide some evidence of what has been stolen I cannot possibly cooperate, much as I would like to, with your investigation.
Please provide...
and so on, ad infinitum.
They have to specific about what has been stolen, when, who from and who by.
It is not good enough simply to say you have a napster account.
If it goes on, you can remind the RIAA's lawyer that he has a professional requirement to do due diligence on the allegations such that the courts' time is not wasted on frivious or vexatious litigation. If it goes even further, you can remind the lawyer that private citizens are protected from harassment becasue, if they keep threatening you without providing proper evidence of what you have done then that's what it is. Then tell them you consider the exercise to be extortion, blackmail etc. Its all good, but leave it as a last resort. Maybe 10 or 12 letters in.
Finally get a sick note for "stress" over the case and inform them that you will be unable to cooperate further until the "stress" has gone away.
GET AN ATTORNEY TO GUIDE YOU. CLUB TOGETHER IF THERE ARE A FEW OF YOU AFFECTED.
The onus is on the RIAA to prove a certain level of evidence in order to go forward. That you have a kazaa account is probably not enough. The final hurdle for them is to show you have copyrighted material on your hard drive. Firstly, "fair use" dictates you can copy your own content (you already paid for it). The other is that they have to find it. Unless they got your hard drive ASAP after they think you infringed, removed it, sealed it, write-disabled it and mounted it on a phroensically controlled system they are screwed. If they didnt take these steps then they are negligent. If it goes to court you can counter-sue for negligence, harrassment etc. But you really dont want it to get to that if possible. I recommned "stress".
Fighting? (Score:3, Interesting)
And the RIAA isn't even suing (Score:3, Interesting)
But let's look closely. The 7 year old girl being sued.
Question? Is it:
A. RIAA -v- Andersen
or:
B. Atlantic -v- Andersen
It's actually B. So why is the RIAA getting all the hatred, but not Atlantic Records? The RIAA is merely a smokescreen in this.
Re:College Students are Vulnerable (Score:3, Interesting)
Can me a cynic or heartless or whatever. I don't really find that art benefits society as a whole by making money anyway... The music that has meant the most to me were passed down folk-tunes, and classical music that was paid for by audiences and sponsors.
Nobody has a right to make money. They depend solely upon the perception that their product is worth paying for. If a very talented performer needs more songs or scores... they'll pay the writer and make up the diff in ticket prices. It's business not welfare.
Re:hrmm (Score:3, Interesting)
1. The RIAA doesn't know who they are.
2. The RIAA may never find out who they are.
3. The RIAA's "settlements" are one-sided harmful documents that are nonnegotiable.
If I were a student receiving a letter, I would do the following:
-bring to the attention of the college's administration and legal counsel's office my Open Letter to Universities Targeted by the RIAA [blogspot.com];
-band together with other students who've also received letters, pool our financial resources, and retain a lawyer to fight the RIAA's "discovery" proceeding against the John Does. If 10 students got together, and put in $500 each, $5000 would be enough to hire a lawyer to fight the discovery motion. If the discovery motion is defeated, case closed. The RIAA won't know who they are, and they will not be sued.