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."
How long should a wallet inspection take? (Score:3, Funny)
Re:As these CRIMINALS should - guilty - pay the pi (Score:5, Insightful)
Re:As these CRIMINALS should - guilty - pay the pi (Score:5, Informative)
This is a civil matter, not a criminal one. No crime has been committed. No one will be found 'guilty' of anything. If they refuse to settle they could be found 'liable' for copyright 'infringement' in court.
Try not to get too emotional about this. It's irrelevant what one thinks is wrong or right. The RIAA cannot go on indefinitely suing the whole world. And file-sharing is not going to go away any more than the Internet. It's likely that as more artists target their audiences directly, online, the less we'll have need for an organization like the RIAA. History and a new economic model will defeat them.
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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?
Man Arrested for Uploading Movie to Internet (Score:3, Informative)
Copyright infringement is a crime under American federal law and you can do hard time.
Scream "Copyright infringement is not theft!" all the way to prison if you like, but it isn't going to change a damn thing. Man Arrested for Uploading Movie to Internet [foxnews.com]
The movie was a wa
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Of course, you are probably too lazy to do that, so I'll make it easier for you:
http://www.co.klamath.or.us/DistrictAttorney/crim
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hrmm (Score:5, Insightful)
Never mind the pirates (Score:5, Insightful)
If there is ANY chance that you could be guilty, you don't stand a chance no matter how innocent you are.
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RIAA: points and yells "WITCH" multiple times at the top of their lungs
not yet accused of anything defendant: no I'm not
RIAA: yes you are, media sentry(or whoever their bounty hunters are these days) said you are
not yet accused of anything defendant: well, they're wrong
followed by lot of "yes you are" "no I'm not"
While at college I heard that lots of file was sharing going on, but never saw it
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Hello, I'm a Mac.
And I'm a PC.
PC, did you know the RIAA are filing lawsuits against a lot of people these days?
Yes, and quite rightly so! Good job getting rid of those evil pirates!
Um, but people using me don't get caught.
Gadzooks! Why not?
Because the RIAA can't produce mac addresses.
Re:hrmm (Score:5, Insightful)
As I've said before, guilt and innocent have nothing to do with the law. It's all about who can afford the best lawyer. And, unfortunately, in most cases it's a matter of who can afford a lawyer *period*. That is the same reason that only famous and rich people can afford to go to court when someone slanders or libels them or violates their copyrights. Who wants to spend the thousands of dollars or tens of thousands of dollars to take someone to court who has a big, fat, malicious mouth but no money with which to compensate even when you win?
So, when it comes down to it, monetary status dictates that the RIAA is correct and the accused are - indeed - guilty.
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:hrmm (Score:5, Funny)
Live a life on the seas and shoot cannonballs into the RIAA's headquarters?
Re:hrmm (Score:5, Insightful)
There, fixed that for you. We have to remember to target more of our hatred at the record companies themselves, rather than the RIAA, otherwise the record companies get off scot free.
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Prepare to be boarded.
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.
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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.
Fighting? (Score:3, Interesting)
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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 fina
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This constitutes unlicensed usage of a common expression in the English language, copyrighted by the English Language Board Of the West (ELBOW). Your subpoena is in the mail, though if you contact our lawyers at 1-888-BITE-ME5, we would be happy to drop the case if you would like to settle for $500 per character. You have 10 days as of March 16th, 2007 to comply with the settlement offer before further legal action is taken against you.
Pirating scum.
I don't get it (Score:2, Funny)
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Ohio State != Ohio University
http://www.osu.edu/ [osu.edu] http://www.ohio.edu/ [ohio.edu]
College Students are Vulnerable (Score:5, Insightful)
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and the solution to the problem of having too much time and not enough money is increasing your exposure on the P2P nets?
as opposed, to say, subscribing to an on-campus music service?
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Re:College Students are Vulnerable (Score:4, Insightful)
You don't seem to understand that those who are good at writing music are not necessarily good at performing it. If you make performance the sole basis for revenue, you immediately lose the majority of interesting songwriters (random radio tripe "songwriters" are not affected, since they can be employed on a salaried basis by managers).
Do you know who wrote Elvis' songs? Do you know who wrote the music for "My Way"? Ever heard Lee Hazlewood (by any standards an awesome songwriter) sing? According to you, society would have been better off if all those people had been flipping burgers rather than devoting their time to writing songs. Sorry, but I don't buy it.
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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 n
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So sue us, whatcha gonna get?
Well nothin' 'cos all of us are flat broke
Go ahead and try to do
All you can do to sue
(So Sue Us - Dance Hall Crashers)
WTF? Welcome to 1984 (Score:4, Insightful)
FTFA:
"Reasonable data retention policies are essential," he said. "Lawsuits for music theft are just one example, but there are a host of other crimes regularly perpetrated on computer networks.
"As services providers, one would think universities would understand the need to retain these records."
This only goes to highlight what I believe is the governments complicity in the **AA litigation activities.
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That little bit of 'keep records on all users activity' information belies the fact that file sharing is not all that the people behind this farce are after. Welcome to 1984. When they begin mandating by law that all user activity is logged, you, me,
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But I did enjoy your post, thank you.
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That's somewhat pompous. Just like any non-trivial creative work, there is no single meaning or single message in the book.
To some it could be a tragic romance where two unlikely lovers meet and then betray each other. Others see a warning about a totalitarian government and its total in
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Re:Sig (Score:2, Funny)
If you appreciate us Humornauts, then why would you want to mark us -1?
- RG>
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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"?
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Yes.
And this is a surprise because... (Score:3, Insightful)
1) Find a lawyer to defend you; worry about the final verdict; worry about legal fees; worry about what your friends think; worry about possible ramifications from your school administration/student government...ad nauseum...
2) Pony up the money, which, upon consideration, is probably less than the credit card debt you've managed to rack up.
Honestly, I'm not sure I can blame them for their choice.
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2)Mail photograph to RIAA
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There ya go, fixed that for ya.
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Hey, Trollie. Wanna be taken seriously? Log the fuck in.
Ok, AC-reprimand completed. Now on to the topic.
Just so you know, copyright isn't property. It doesn't hold the same set of laws as copyright does. So, ah, yeah. Stop talking out of your ass.
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2. Every choice you make, and the actions entailed in carrying it out, has consequences. If you find that you are unable to stomach the consequences, perhaps you chose poorly, eh? In the meantime, suck it up. Nobody ever said you were entitled to something just because you wanted it.
Get some perspective.
I have a question (Score:5, Interesting)
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I have an answer. (Score:2)
what are the other 74.9% doing?
What's right. Extortionists should be jailed, not paid.
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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 bee
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)
May I see the price list? (Score:5, Funny)
Maybe the RIAA should advertise their pricing scheme to the students, give them some flexibility in their settlements.
"Now see, you can settle for the average $3,000, but if you wish to upgrade to our premium settlement plan of $5,000, we'll also throw in a one-month litigation immunity from our friends at the MPAA. Think of the savings!"
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!
What? (Score:2)
Re:iTunes (Score:5, Insightful)
Sure. But who are we supposed to vote for?
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Oh, you mean the banana republic. No clue.
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Today I was in a bar and a middle aged couple I know were asking me about their computer.
1977 pickup line: So, what's your sign?
2007 pickup line: So, you have an Apple or Dell?
1977 closing time: So, you wanna come back to my place?
2007 closing time: So, you wanna come back to my place and reconfigure my email?
Creepy, if you ask me.
It's time for the Anti-RIAA (Score:3, Interesting)
Rachet? (Score:3, Insightful)
And actually the bad part is not (only) the organization who tries to extort the money this way I think the real problem is the judicial system that doesn't give poor people a fighting chance.
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:So ya see, Jimmy.... (Score:4, Insightful)
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However, most people fear going to court against the RIAA because o
Ok but here's the problem (Score:5, Insightful)
So the problem is that I am stuck having to prove my innocence, and that I have to pay a lawyer far more than $5,000 to do it.
THAT is what is wrong with this. We don't know that these people ever broke the law. All we know is that a company who gets paid when they find someone, like BayTSP produced a screenshot from a program that claims ot be a list of files that are allegedly from some IP. I can poke a bunch of holes in the chain of evidence right there:
--How do we know the company isn't lying? They get paid to find these people, it'd be in their interest to make it up if they can't find someone.
--How do we know the information from the P2P program is accurate? These are not vetted, approved forensic tools and some of them are known to make mistakes.
--How do we know the songs in the list are what they claim to be? P2P networks are full of fake material, how do we know these are real?
--How do we know that this is the correct IP address? What if the P2P program or something else reported the wrong one?
--How do we know the ISP gave us the correct person behind it? What if a hacker hand altered the records to cover their tracks? What if an employee at the ISP did?
--How do we know that it was a computer owned by the owner of the connection that did it? What if someone hopped on their wireless network?
--How do we know that the computer that did it wasn't hacked? There are over a million botted computers out there, how do we know this wasn't one of them?
This kind of thing would likely not even make it past pretrial in a criminal case, but in a civil case, you have to pay to defend yourself.
Then, of course, there's also the issue of the whole 8th amendment thing, you know "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Specifically the "excessive fines" part. They ask for statutory amounts vastly exceeding any real harm caused. You can't tell me that downloading a single tracks causes tens of thousands of dollars of harm and yet that is the kind of amount they ask for, and they are allowed to because of a statute they pushed for. Seems damn unconstitutional to me.
So yes, it IS extortion. They don't care if you are innocent or guilty, they force you to pay because it is too costly to defend yourself, and you risk losing too much. It may be wrapped up in some legislation, it is still extortion.
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While I agree these lawsuits are a problem, I also have a problem with this line of reasoning. It implies that the only way these poor, beleaguered consumers can get their hands on any music is by downloading off the internet for free, when in fact, several other quite reasonable avenues exist:
Got them where we want them. (Score:2)
It just means I bought music in bulk at a discounted price.
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You haven't seen the settlement agreement.. You don't get to keep the music. You also don't get to say anything truthfully in your opinion regarding the RIAA. I saw a link to a settlement agreement.
I do wonder if it caries any weight. There is some thing about contracts signed under duress.. Anybody have any information on this? From what I have seen and the size of the pendiing litigation, this is a contract that fully qualifies as signed under
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If one of the parties can prove that the contract was signed under duress, that is the party's signature was extracted by physical or mental coercion, then the contract is null and void.
Huh, here's what my Business Law by Mann & Roberts book says:
Duress
A person should not be held to an agreement he has not entered voluntarily. Accordingly, the law will not enforce any contract induced by duress, which in general is any wrongful or unlawful act or threat that overcomes the free will of the party.
Physical compulsion
Duress is of two basic types. The first type, physical duress, occurs when one party compels another to manifest assent to a contract through actual physical force, such as pointing a gun at a person or taking a person's hand and compelling him to sign a written contract. This type of duress, while extremely rare, renders the agreement void.
Improper Threats
The second and more common type of duress involves the use of improper threats or acts, including economic and social coercion, to compel a person into a contract. Though the threat may be explicit or may be inferred from words r conduct, in either case it must leave the victim with no reasonable alternative. This type of duress makes the contract voidable at the option of the coerced party....
The fact that the act or threat would not affect a person of average strength and intelligence is not important if it places fear in the person actually affected and induces her to act against her will. The test is subjective, and the question is this: Did the threat actually induce assent on the party of the person claiming to be the victim of duress?
Ordinarily, the acts or threats constituting duress are themselves crimes or torts. But this is not true in all cases. The acts need to be criminal or tortious in order to be wrongful; they merely need to be contrary to public policy or morally reprehensible. For example, if the threat involves a breach of contractual duty of good faith and fair dealing, it is improper.
Moreover, it generally has been held that contracts induced by threats of criminal prosecution are voidable, regardless of whether the coerced party had committed an unlawful act. Similarly, threatening the criminal prosecution of a close relative is also duress. To be distinguished from such threats of prosecution are threats that resort to ordinary civil remedies to recover a debt due from another. It is not wrong to threaten a civil suit against an individual to recover a debt. What is prohibited is threatening to bring a civil suit when bringing such a suit would be abuse of process.
Basically, because what the RIAA is not physical duress, it is considered voidable, not null and void. It is at the discretion of the party that was coerced to decide whether the contract exists or not. Also note that many of the stories brought up regarding the RIAA (Going after a person's surviving family, going after grandma & grandpa, etc) are clearly against any morally reprehensible.
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Or you can take my approach to speeding tickets...I'll cost "them" more time and effort than it is worth to extract ~$75 to $200 from me, and have fun doing it!, more often than not. If every lonely soul the RIAA or MPAA decides to chase down and prosecute for alleged info piracy would just have some spine and fight back, using the local law library and the incredibly convoluted legal system to their advantage, the RIAA/MPAA couldn't affor
Some students (Score:2, Insightful)
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And the infringed upon artists are getting...... (Score:3, Insightful)
RIAA and "Ihr Kampf" (Score:3, Insightful)
"Who is the most vulnerable and liable for pirating software, music, etc?"
The manager replies, "Well...college students of course."
And they both have a good laugh.
Truth be told it's not funny, it's real. Here is where the RIAA have separated themselves from the norm
of all those who are strongly opposed to the idea of Internet freedoms, most prevalently piracy. However this
is the worst mistake the RIAA has made, the reason is that college students are their number one customer. The
greed and capitalist values have consumed the RIAA past any rational thought process. Essentially the RIAA has
cut off the hand that feeds them. The sad part is that college students are at the mercy of it all. They can't
afford a lawyer let alone pay their rent. I think we fail to recognize who really are the pirates.
If you 'steal' from the RIAA (Score:2)
Does that mean you then legally have rights to the music you pirated?
I hate the RIAA too, but... (Score:2)
But ultimately, these people who are settling would not be having this problem if they weren't abusing copyright to start with. Even though this isn't a "crime" as such, the point of it still works...if you can't do the time (or pay the fine), don't do the crime.
The RIAA sucks and all that, but in the end, those on the receiving end of the threat letters have no one to blame but themselves. Maybe nex
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.
File sharing insurance? (Score:2)
maybe there is a market for insurance...say pay $10 a year , if you get one of those letters , the insurance would
pay the $3000 settlement cost. hmm...
It would be technically liability insurance to protect you from the expense of "accidentally" sharing copyrighted material.
Class Action jackpot (Score:3, Informative)
Give them time to sue a few thousands more, and sooner or later some lawyers will realize the bloody fortune they will make by suing RIAA for what they've been doing. And when they start doing so... Well, not only those lawsuits will stop, but those execs will be the ones doing some paying up... and it's not going to be thousands but millions.
Re:Where have all the ethics gone? Long time passi (Score:4, Insightful)
copyright infringement is not "stealing".
If you'd actually take a moment to educate yourself on the long history of artistry and creativity and the comparatively short history of copyright, you'd understand how the recording industry has twisted the law to its own evil purposes. Using bribes to have legislation passed which fences off huge swathes of our common culture from us, so they can charge admission. Copyright is supposed to be a limited time monopoly of copying, not a perpetual right of complete control.
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By having copyright extensions so long the RIAA (and others) sought for society to equate 1 year old music as deserving of the same rights as 90 year old music. They succeeded. Only instead of giving people the rights they had with 1 year old music for 90 year old music, some of us now feel they deserve the rights they had with 90 year old music on 1 year old music.
Perhaps if they stopped
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Re:Where have all the ethics gone? Long time passi (Score:5, Insightful)
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That's where they are NOW. What do you think a record company is if not a means for the elite and wealthy to select which artists get promoted?
There are very, very few artists who are able to make any money touring etc. without signing over their CD sales to a record company.
On the other hand, if signing over your CD sale revenue to a record company enables you to make a bunch of money tour
Don't copy that floppy (Score:2)
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Copyright infringement can be stealing. Just not always.
This is the problem I have with both sides of the debate:
MAFIAA line - copyright infringement = stealing
Demonstrably untrue. For example if I download a song I already own on CD there's clearly:
1. No reason I would ever buy it again therefore they're not losing revenue and
2. I'm merely using an alternative means to my legal right to make a backup/format shift the copy on the CD.
That's not even close to ste
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If that's the case, go after the real stuff - stuff that philosophers discuss, not the stuff that's illegal only because of special interest lobbying.
Re:Where have all the ethics gone? Long time passi (Score:2)
I agree, isn't it lucky these people didn't steal anything Gary?
Re:Where have all the ethics gone? Long time passi (Score:2)
Add'l: It's not infringement to download (recieve). It's infringement to upload (redistribute). Think about that.
Meanwhile, I would guess that the 3-5k settlements are due to not wanting to deal with it. Let the RIAA sue me, and there will be a court battle to be witnessed.
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I've got a bridge you might like to buy.