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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 03:47 PM
Original message
What will it take to start an uprising?
Matthew Hubbard's blog
What will it take to start an uprising?
by Matthew Hubbard | Dec 31 2007 - 8:36am |
http://www.smirkingchimp.com/node/11819

The Washington Post reports that the recording industry, pretty much finished with punishing the file sharers from the Napster era, has decided that owners of CDs are committing theft when they download a song on a CD they own to the computer they own. http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html?hpid=topnews<br%20/>

I realize that more serious problems face this nation and the world. That said, just what will it take for people to wake up to the fact that laws enacted today are not made to protect the public, but instead to deprive us of rights that older laws clearly gave to us? In the old days, the record industry tried to tell us that putting music from vinyl onto a blank tape was "theft", when it was obviously covered by the fair use rule. That didn't go anywhere, but plenty of ideas too stupid to fly even in the not-very-bright Reagan era are fully flight ready in the amazingly stupid George W. Bush era.

I blush to paraphrase Pastor Niemöller, but when they came for the Napster users, I said nothing because I wasn't a Napster user. When they turned bankruptcy into indentured servitude, I said nothing because I didn't think I would go bankrupt.

What will it take? When will people stop saying nothing when being bled dry?
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Download Uproar: Record Industry Goes After Personal Use
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html?hpid=topnews<br%20/>

Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.

Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 03:49 PM
Response to Original message
1. The RIAA exists to protect coorporate rights over and instead of the rights of individuals.
Edited on Mon Dec-31-07 03:53 PM by baldguy
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 03:54 PM
Response to Original message
2. The industry is going to walk awfully funny
with my desktop tower shoved up its ass.

People have been swapping purchased music onto other media for decades. People used to record LPs to 8 track tapes they could play in the car and nobody squawked. Nobody complained when they started to transfer tunes onto casettes, not even when they did it from radio.

There is something about the computer that is driving these guys totally bonkers. They'd better get over it or the blowback is going to blow them completely out of business.
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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 04:01 PM
Response to Original message
3. It will eventually getto the point that they will claim...
... that we do not actually own the music on the CD's we purchase. We simply own the actual disc. If we want to listen to the music contained on the disc we will have to pay them a fee.

They are a dying giant, flailing away in anger and desperation. They are swatting the little guys while they still can, before the juggernaut of the internet rolls over them.
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TexasLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 04:14 PM
Response to Original message
4. The case is not as simple as made out in the blog
The defendant was sharing these 2,000 songs through KaZaa, and that is how Mr. Howell came to the Plaintiffs' attention.

In Atlantic v. Howell , an anti-piracy lawsuit in Arizona, the RIAA is making the case that, while it's not illegal to rip CDs for personal use, it IS illegal if you store ripped tracks in a folder that is shared : Once Defendant converted Plaintiffs' recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs. Defendant had no authorization to distribute Plaintiffs' copyrighted recordings from his KaZaA shared folder.

The judge ruled in the RIAA's favor on this-- there was file sharing, and it doesn't look like the case is that unusual.
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 04:43 PM
Response to Reply #4
5. Is that any shared folder or shared on the net?
I have my music in a shared folder so I can play it on another computer in the same room that has a better sound system. But this computer is an older, slower computer than the one I normally use. I do not share anything to the net. I an securely firewalled.
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TexasLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:10 PM
Response to Reply #5
7. I think your shared folder would have to be a peer-to-peer sharing folder
as with KaZaa, Grokster and other decentralized networks that allow third parties to download your songs.

If third parties can locate and download your songs, then the RIAA can potentially locate you too.

If you're off the grid and just sharing with yourself I would be surprised if you would ever come to the RIAA's attention, much less (given precedents allowing VCR recordings) give the RIAA any colorable legal claim against you.
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Bright Eyes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 04:49 PM
Response to Original message
6. I truly hope someone who gets one of those letters
Has the courage to counter sue for extortion.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:25 PM
Response to Reply #6
9. So far, the people receiving these letters have all been in the wrong.
They with third parties shared music that they
did not own; that's clearly illegal.

On what basis should they contest this?

Tesha
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Bright Eyes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:38 PM
Response to Reply #9
10. Because it's extortion.
Edited on Mon Dec-31-07 06:02 PM by Bright Eyes
"Give us 3,000 dollars, or we'll sue you for $150,000."

Sounds like extortion to me

"Extortion is a criminal offense, which occurs when a person either unlawfully obtains money, property or services from a person, entity, or institution through coercion or intimidation or threatens a person, entity, or institution with physical or reputational harm unless he is paid money or property."

Extortion is illegal, regardless of the surrounding circumstances.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:50 PM
Response to Reply #10
11. Astoundingly enough, if you're not a Bush and you break the law, you often pay a price.
And it's not extortion, it's the law. And it's nothing new,
no matter how many music-stealing kids want to think it is.

It has the exact same basis in copyright law as has existed
for ages; if you don't own it, you don't have any right to
sell it or even give it away.

Tesha
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Bright Eyes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:59 PM
Response to Reply #11
12. If I know you committed a crime, and tell you that I'll go to the police
If you don't give me 3,000 dollars....thats extortion.

If you download music illegally and the RIAA sends you a letter telling you you'll be sued for up to 150,000 per song unless you pay 3,000....whats that? How exactly is that not extortion?
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:05 PM
Response to Reply #12
15. There is a law that entitles them to these damages if you illegally distribute their property.
Face it: the law is clear on this -- the file sharers
are in the wrong.

Tesha
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walldude Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:27 PM
Response to Reply #11
18. Yes but you do have the right to transfer said material to
Edited on Mon Dec-31-07 09:28 PM by walldude
another format for your own personal use, under the fair use act. So what they are doing is not the law, what they are doing is trying to change the law. On top of that, this is not to protect the artists, it's to give greater financial gain to the people who make their living off the artists back.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:31 PM
Response to Reply #18
20. Yes. but that's not what's alleged here. The guy was sharing.
> Yes but you do have the right to transfer said material to
> another format for your own personal use, under the fair
> use act.

Yes; we agree on that, but that's not what's alleged here.
The guy was sharing.

Tesha
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sicksicksick_N_tired Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 05:16 PM
Response to Original message
8. When the media reports how much money is spent imprisoning a large lot of Americans.
Like THAT will ever happen.

Jus' kiddin'.

No I am not kidding.
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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 06:25 PM
Response to Original message
13. The SCOTUS appointing Bu*h dictator was more than enough for me.
I'll never get over that.

Back then I tried to get folks to consider engaging in a nationwide general strike, but pretty much got ignored, so I left the country.

The only thing that could ever get the majority Americans off their couches would be government confiscation of their televisions.
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 08:33 PM
Response to Reply #13
14. I wouldn't put anything past them n/t
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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:14 PM
Response to Reply #14
16. LOL. Me neither, but confiscating televisions would be antithetical
to the interests of a corporate controlled government.
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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:22 PM
Response to Original message
17. Goodbye MP3 player, goodbye ipod, goodbye zune, car stereo... goodbye Microsoft...
The RIAA's stance is wide reaching indeed. So wide even Larry Craig would blush in embarrassment.

At least portable CD players will become popular again.

Only if the laws change and with so many more companies at risk thanks to the RIAA, the RIAA will lose any attempt. End of story.

Just hope the RIAA bothers to keep refreshing old releases, as people are bound to lose them, get stolen, broken, et cetera...

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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 09:36 PM
Response to Original message
19. No gasoline or diesel at the pumps.
:sarcasm:

Sarcastic but very true, don't you think?
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 11:48 PM
Response to Reply #19
21. That'll do it n/t
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