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RIAA To Sue Individual's for File Sharing (This could mean you!!!!)
Miami Herald ^ | 06/25/2003 | Ted Bridis

Posted on 06/25/2003 6:15:06 PM PDT by jimmccleod

Music Labels Step Up Internet Piracy Hunt
TED BRIDIS
Associated Press

WASHINGTON - The embattled music industry disclosed plans Wednesday for an unprecedented escalation in its fight against Internet piracy, threatening to sue hundreds of individual computer users who illegally share music files online.

The Recording Industry Association of America, citing significant sales declines, said it will begin Thursday to search Internet file-sharing networks to identify music fans who offer "substantial" collections of MP3 song files for downloading.

It expects to file at least several hundred lawsuits seeking financial damages within eight to 10 weeks.

Executives for the RIAA, the Washington-based lobbying group that represents major labels, would not say how many songs on a user's computer might qualify for a lawsuit. The new campaign comes just weeks after U.S. appeals court rulings requiring Internet providers to identify subscribers suspected of illegally sharing music and movie files.

The RIAA's president, Cary Sherman, said tens of millions of Internet users of popular file-sharing software after Thursday will expose themselves to "the real risk of having to face the music." He said the RIAA plans only to file lawsuits against Internet users in the United States.

"It's stealing. It's both wrong and illegal," Sherman said. Alluding to the court decisions, Sherman said Internet users who believe they can hide behind an alias online are mistaken. "You are not anonymous," Sherman said. "We're going to begin taking names."

Shopping at a Virgin Megastore in San Francisco, Jason Yoder was planning to delete file-sharing software he uses from his home computer because of the new lawsuit threat. He acknowledged using the Internet recently to find a copy of a rare 1970s soul recording, but he agreed that illegal downloads should be curtailed.

"It's sort of like a serial drunk driver has to have their license taken away at some point," said Yoder, 30.

Sharman Networks Ltd., which makes the popular Kazaa software and operates one of the world's largest file-sharing networks, said in a statement, "It is unfortunate that the RIAA has chosen to declare war on its customers by engaging in protracted and expensive litigation." Sharman said it was interested in a business relationship with music labels and could protect their songs from illegal downloads using technology.

Country songwriter Hugh Prestwood, who has worked with Randy Travis, Trisha Yearwood and Jimmy Buffett, likened the RIAA's effort to a roadside police officer on a busy highway.

"It doesn't take too many tickets to get everybody to obey the speed limit," Prestwood said.

Critics accused the RIAA of resorting to heavy-handed tactics likely to alienate millions of Internet file-sharers.

"This latest effort really indicates the recording industry has lost touch with reality completely," said Fred von Lohmann, a lawyer for the Electronic Frontier Foundation. "Does anyone think more lawsuits are going to be the answer? Today they have declared war on the American consumer."

Sherman disputed that consumers, who are gradually turning to legitimate Web sites to buy music legally, will object to the industry's latest efforts against pirates.

"You have to look at exactly who are your customers," he said. "You could say the same thing about shoplifters - are you worried about alienating them? All sorts of industries and retailers have come to the conclusion that they need to be able to protect their rights. We have come to the same conclusion."

Mike Godwin of Public Knowledge, a consumer group that has challenged broad crackdowns on file-sharing networks, said Wednesday's announcement was appropriate because it targeted users illegally sharing copyrighted files.

"I'm sure it's going to freak them out," Godwin said. "The free ride is over." He added: "I wouldn't be surprised if at least some people engaged in file-trading decide to resist and try to find ways to thwart the litigation strategy."

The entertainment industry has gradually escalated its fight against piracy. The RIAA has previously sued four college students it accused of making thousands of songs available for illegal downloading on campus networks. But Wednesday's announcement was the first effort to target users who offer music on broadly accessible, public networks.

The Motion Picture Association of America said it supported the efforts, but notably did not indicate it plans to file large numbers of civil lawsuits against Internet users who trade movies online.

MPAA Chief Jack Valenti said in a statement it was "our most sincere desire" to find technology solutions to protect digital copies of movies.

Rep. Howard Berman, D-Calif., who has proposed giving the entertainment industry new powers to disrupt downloads of pirated music and movies, said the RIAA's actions were overdue. "It's about time," Berman said in a statement. "For too long ... file-traffickers have robbed copyright creators with impunity."

The RIAA said its lawyers will file lawsuits initially against people with the largest collections of music files they can find online. U.S. copyright laws allow for damages of $750 to $150,000 for each song offered illegally on a person's computer, but Sherman said the RIAA will be open to settlement proposals from defendants.


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Culture/Society; News/Current Events; Technical
KEYWORDS: bearshare; filesharing; grokster; kazaa; limewire; morpheus; music; napster; riaa
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To: budwiesest
If a CD sells for $20 and costs, say $2 to make, the markup is $18 or 900%, nine times what it cost. In any real market this is insane. If a retailer were to sell using 40% as a markup the price would be $3.34 per CD.

The Apple iTunes store sells and entire album for less then $10. Of that $10, Apple get's 40% and the rest goes to the label (and presumably a little of it goes to the artist).

As you point out, it probably costs $2 or even less to manufacture and ship that CD to a store. So even at $12, everybody is making lot's of money. So why do they sell for $18.99, or $20.99 or higher? A double CD for $40? It's an insane model and enough for any reasonably intelligent person, to know that they are being ripped off -- so they don't buy. It's also known as the 6 CD sales model. Consumers can only afford, on average, to buy 6 CD's a year. And the cartel has the audacity to say that they don't buy because they download. Please.

Now, if these lawyers could only lay off their coke habit and Hilldabeast worship long enough to study some economics, maybe they would get ahead.

Not only are the labels pricing themselves out of the market, they are going after the fans and not the real pirates, such as those operations that make entirely COUNTERFEIT CD's which you can buy all over the place in NYC for $5. Then again, being that they are organized crime lords, they probably get a cut from the gangs that produce those products too.
221 posted on 06/25/2003 11:07:01 PM PDT by gaucho (People used to come to the US for prosperity and now we just export it to them.)
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To: Golden Eagle
Thing is Golden Eagle, that p2p over encrypted connections will occur outside this country and filter it's way in. Although America has a supposed problem with file sharing/swapping/stealing, whatever term you chose, overseas makes us look like rank amateurs when it comes to copying.
222 posted on 06/25/2003 11:07:21 PM PDT by Michael Barnes
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To: wizzler
Do libraries really buy authorized copies of books and CDs? What about books donated to the library?
223 posted on 06/25/2003 11:59:39 PM PDT by gd124
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To: jimmccleod
The RIAA is the perpetual Darwin Award winner of the entertainment industry. They have opposed every significant technology in recording since the wax cylinder, and have failed each and every time (well, except for DAT I suppose, how many Americans ever owned a DAT deck?).

The irony is that they have always profited wildly from each technology they have tried to suppress. Here they go again, pissing into the wind, with predictable results. Instead of exploiting the Internet for billions in potential revenues, they fight it tooth and nail. They may as well try to stop the sun from rising, and it wouldn't surprise me if I heard about a lawsuit to that effect tomorrow.

They'll haul a few nameless unfortunates up on charges in big show trials, there will be a big flap as the cases go to trial, hackers like the Legion of Doom and others will mercilessly torment the RIAA and its supporters online, various artists will be trotted out with their stories of poverty and misery between double-platinum albums, yada yada yada.

And then, like Keyser Soze, it will all disappear. The ringmasters, jugglers, clowns and dog-faced boys of the media circus will pull up stakes and head out looking for the next cause du jour, while music file sharing continues uninterrupted throughout, and probably increases in a frenzy of fire-sale panic swapping.

I'll just yawn now and get it over with.

Personally, I think the heirs of Miguel De Cervantes Saavedra should sue the RIAA for copyright infringement. After all, this business of jousting with windmills is not an original idea on the RIAA's part.

The RIAA: Definitive proof that you don't have to be smart to be rich.

224 posted on 06/26/2003 12:12:33 AM PDT by Imal (Why buy French whine when they give it away so freely?)
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To: Jhoffa_
My tagline is an inside joke.

I got that joke the first time I saw it, and yes, it's pretty damn funny.

225 posted on 06/26/2003 12:21:36 AM PDT by Imal (Why buy French whine when they give it away so freely?)
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To: jimmccleod
Question: Does anyone know if it is illegal to download songs you already own in another format?

Such as if I update all my already paid-for owned cassette albums from the 80's (my favorite music era) with the more moderm .mp3 format I can play on our computers and in our newer cars and from which I can burn CDs and DVDs.

Seems to me it should be legal. "Fair use" allows one legal copy.
226 posted on 06/26/2003 12:56:44 AM PDT by Z-28
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To: gaucho
I trird to use that new Apple pay-per-download music dealy and it completely bombed-out on my new Dell 2.26 GHz... I finally gave up in disgust.
227 posted on 06/26/2003 1:01:08 AM PDT by Z-28
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To: Excuse_My_Bellicosity
There's a lot of good pop and rock music today (Z-28 says with tongue in cheek).

Am I showing my age when I say I haven't liked hardly any pop or rock music since 1988?
228 posted on 06/26/2003 1:18:08 AM PDT by Z-28
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To: FORMERMID
100% agreed. I resent paying a lot of money for one song...but I have bought A LOT of CD's as a result of downloading songs.

I think the real problem the music industry has is the crap they put out.
229 posted on 06/26/2003 3:55:46 AM PDT by perez24
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To: plain talk
Check out Shareaza.

Gnutella based, no ads. Nice interface.
230 posted on 06/26/2003 4:49:12 AM PDT by Crusher138 (crush her? I don't even know her!)
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To: Old Professer
Sorry, didn't know I was being graded on spelling here. Would you like to go over the email I sent to my purchasing department requesting some new note pads for gramatical errors?
231 posted on 06/26/2003 5:13:38 AM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: gd124
Do libraries really buy authorized copies of books and CDs?

No -- libraries go to a dark alley and steal illegally printed versions of books and CDs.

What do you mean? Of course libraries buy authorized copies. Or maybe somebody donates them. Whatever. The point isn't whether the library has to pay cash in the transaction, the point is that each book and CD is a legitimate copy, sanctioned by the copyright holder.

Good grief, why is this so difficult for people to understand?

232 posted on 06/26/2003 5:32:17 AM PDT by wizzler
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To: wizzler
I interpreted what you said before as meaning that the libraries get special authorization for the books they buy.
233 posted on 06/26/2003 5:35:24 AM PDT by gd124
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To: unix
Thing is Golden Eagle, that p2p over encrypted connections will occur outside this country and filter it's way in.

They are free to do as they wish, however as they continue to go to further extremes, expect the courts to deal with them even more harshly.

234 posted on 06/26/2003 5:38:36 AM PDT by Golden Eagle
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To: wizzler
Why would a library pay cash in a transaction for donated copies?
235 posted on 06/26/2003 6:29:13 AM PDT by Calpernia (Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
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To: Calpernia
I don't know. Who said they did? And what does that have to do with anything?
236 posted on 06/26/2003 6:53:55 AM PDT by wizzler
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To: wizzler
I think it has a lot to do with this topic. Can't follow what exactly RIAA is saying is illegal. Not all my questions I posted here got answered either.

What is a legal copy?

Libraries/Music Resellers/Storefront Swaps offer what you deem as licensed copies that they haven't paid for. Royalties don't go to the industry.

You personally stated in a previous post that the Supreme Court copying TV was deemed fair use, based on "time-shifting".

To me this means I can copy music from the radio.

So what I have concluded here is, I can copy music from the radio. I can sell, swap, borrow and buy used music.

Now, explain why downloading is different?
237 posted on 06/26/2003 7:10:37 AM PDT by Calpernia (Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
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To: gaucho
It's also known as the 6 CD sales model. Consumers can only afford, on average, to buy 6 CD's a year.

Hadn't heard of this but it describes my buying habit pretty well. While browsing a CD rack I'll often find two or three that I'd like to buy but usually decide on one as the combined amount seems way too high. I usually find other ways to maximize my utility with the unspent $40.(Like gas to drive the rest of the week)

238 posted on 06/26/2003 7:29:16 AM PDT by budwiesest
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To: singsong
Well sir, I'm not stopping...because I've never started! RIAA can't have me - because I refuse to have their garbage. I'm not touching it even with a ten foot pole... It stinks.
____

well that sentiment belies your handle.

from whence comes your song?
239 posted on 06/26/2003 7:31:58 AM PDT by dmz
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To: perez24
I think the real problem the music industry has is the crap they put out.

This is really the heart of the problem. Will the RIAA companies destroy themselves avoiding notice of the 800-pound gorilla in the middle of the room?

240 posted on 06/26/2003 7:32:14 AM PDT by thoughtomator (Road Map = Road Kill)
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